Defined
terms. The various terms and phrases used in this chapter are defined
as follows:
(For the purposes of this chapter, the following words, terms,
phrases, and their derivations have the meanings given herein. When
not inconsistent with the context, words used in the present tense
include the future tense, and words in the singular number include
the plural number.)
Agency Subscriber.
A subscriber who receives a Service in a government or public
agency, school, or non-profit corporation facility.
Affiliated Person (or Affiliates).
Each Person who falls into one or more of the following categories:
a.
Each Person having, directly or indirectly, a Controlling Interest
in Grantee;
b.
Each Person in which Grantee has, directly or indirectly, a
Controlling Interest;
c.
Each officer, director, general partner, limited partner holding
an interest of five percent or more, joint venturer, or joint venture
partner in Grantee's Cable System in the City; and
d.
Each Person, directly or indirectly, controlling, controlled
by, or under common Control with Grantee; provided that Affiliated
Person excludes the Grantor, any limited partner holding an interest
of less than five percent in the Grantee, or any creditor of Grantee,
solely by virtue of its status as a creditor, and which is not otherwise
an Affiliated Person by reason of owning a Controlling Interest in,
being owned by, or being under common ownership, common management,
or common Control with Grantee.
Broadcast Signal.
A signal transmitted over the air to a geographically dispersed
public audience and received by a Cable System.
1992 Cable Act.
The Cable Television Consumer Protection and Competition
Act of 1992.
Cable Act.
The 1984 Cable Act as amended by the 1992 Cable Act and by
the Telecommunications Act of 1996.
Cable Operator.
Any person or group of persons who either: a. provides cable
service over a cable system and directly or through one or more affiliates
owns a controlling interest in such cable system, or b. otherwise
controls or is responsible for, through any arrangement, the management
and operation of such a cable system.
Cable Service.
The one-way transmission to Subscribers of: a. video programming,
or b. other programming service; or, c. subscriber interaction in
conjunction with the one-way transmission of video programming or
other programming services which is required for the selection of
or use of such video programming or other services.
Cable System or Cable Communications System or System.
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but such term does not include the following: a. a facility that serves
only to retransmit the television signals of one or more television
broadcast stations; b. a facility that serves only subscribers in
one or more multiple unit dwellings under common ownership, control,
or management, unless such facility or facilities uses any public
right-of-way; c. a facility of a common carrier which is subject,
in whole or in part, to the provisions of title II of the Cable Act,
except that such facility shall be considered a cable system [other
than for purposes of Section 621(c)] to the extent such facility is
used in the transmission of video programming directly to subscribers;
or d. any facilities of any electric utility used solely for operating
its electric utility system.
Cablecast Signal.
A non-broadcast signal that originates within the facilities
of the Cable System, whether from a live or recorded source.
City.
The City of Santa Barbara.
Closed Circuit or Institutional Service.
Services provided to institutional users on an individual
or collective basis. The information contained in such a service may
or may not be simultaneously available to other system Subscribers
or users.
Channel.
A frequency band capable of carrying a standard video signal
or some combination of video signals, or a frequency band assigned
to carry a non-standard video signal or some combination of such video
signals.
Commercial Subscriber.
A Subscriber who receives a Cable Service in a place other
than a residential dwelling unit.
Complaint.
Any situation involving a dispute or in which a Subscriber
notifies Grantee of an out-age or degradation in picture quality or
billing concern which is not corrected during the initial telephone
or service call.
Control or Controlling Interest.
Actual working control in whatever manner exercised, including,
without limitation, working control through ownership, management,
debt instruments, or negative control, as the case may be, of the
Cable System or the Grantee. A rebuttable presumption of the existence
of Control or a Controlling Interest shall arise from the beneficial
ownership, directly or indirectly, by any Person or group of Persons
acting in concert (other than underwriters during the period in which
they are offering securities to the public) of 20% or more of any
Person (which Person or group of Persons is referred to as "Controlling
Person"), or being a party to a management contract.
Converter or Terminal.
A device which converts signals from one frequency to another
or otherwise processes signals for use by Subscribers excluding, however,
cable-ready television sets and VCRs which are not offered for sale
or lease by the cable operator.
Drop.
The cable and related equipment connecting the Cable System's
plant to equipment at the Subscriber's premises.
Education Channel.
Any channel where non-profit educational institutions are
the primary designated programmers.
FCC.
The Federal Communications Commission or its designated representatives.
Franchise.
A written legal undertaking or action of the Grantor which
authorizes a specific Person to use the Grantor's streets and public
ways for the purpose of installing, operating and maintaining a Cable
Communications System to provide Cable Service.
Government Channel.
Any channel where local government agencies are the primary
designated programmers, and programming is non-commercial informational
programming regarding government activities and programs.
Grantee.
The Person to which a Franchise is granted for the construction,
operation, maintenance, and re-construction of a Cable System and
the lawful successors, transferees, or assignees of that Person.
Grantor.
The City, acting by and through its elected governing body,
or such representative as the governing body may designate to act
on cable matters in its behalf.
Gross Annual Revenue or Gross Annual Receipts or Gross Receipts.
All revenue, as determined in accordance with Generally Accepted
Accounting Principles, which is received, directly or indirectly,
by Grantee and by each Affiliated Person from or in connection with
the distribution of any Cable Service, and any other Service which
may, under now or then applicable federal law, be included in the
Cable Act definition for the purpose of calculating and collecting
the maximum allowable franchise fee for operation of the System, whether
or not authorized by any Franchise, including, without limitation,
leased or access channel revenues received, directly or indirectly,
from or in connection with the distribution of any Cable Service.
It is intended that all revenue collected by the Grantee, and by each
Affiliated Person, from the provision of Cable Service over the System,
whether or not authorized by the Franchise, be included in this definition.
Gross Annual Revenue specifically includes, but is not limited
to, the following:
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a.
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Any revenue received, as reasonably determined from time to
time by the Grantor, through any means which is intended to have the
effect of avoiding the payment of compensation that would otherwise
be paid to the Grantor for the Franchise granted. Gross Annual Revenue
also includes any bad debts recovered. Gross Annual Revenue also includes
all advertising revenue which is received directly or indirectly by
Grantee, any Affiliated Person, or any other Person from or in connection
with the distribution of any Service over the System or the provision
of any Service-related activity in connection with the System, including
all revenue paid to, directly or indirectly, home shopping channels
and networks.
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b.
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The fair market value of any nonmonetary (i.e., barter) transactions
between Grantee and any Person, other than an Affiliated Person, but
not less than the customary prices paid in connection with equivalent
transactions;
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c.
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The fair market value of any nonmonetary (i.e., barter) transaction
between Grantee and any Affiliated Persons but not less than the customary
prices paid in connection with equivalent transactions conducted with
Persons who are not Affiliated Persons; and
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Gross Annual Revenue does not include the following:
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a.
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The revenue of any Person to the extent that said revenue is
also included in the Gross Annual Revenue of Grantee;
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b.
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Utility user and sales taxes imposed by law on Subscribers which
Grantee is obligated to collect; and
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c.
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Amounts which must be excluded pursuant to applicable law.
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Headend.
That central portion of the System where signals are introduced
into and received from the balance of the System.
Lease Channel.
Any channel where someone other than Grantor or Grantee is
sold the rights to air programming.
Monitoring or Tapping.
Observing or receiving a signal, where the observer is neither
the sending nor receiving party and is not authorized by the sending
or receiving party to observe said signal, whether the signal is observed
or received by visual, electronic, or any other means whatsoever.
Non-Broadcast Signal.
A signal that is not involved in over-the-air broadcast for
general public reception.
Person.
A corporation, partnership, proprietor-ship, individual,
or organization authorized to do business in the State of California.
Plant.
The transmitting medium and related equipment which transmits
signals between the Headend and Subscribers.
Program or Programming.
The information content of a signal, whether that content
is intended to be pictures and sound, or sound only.
Programmer.
Any Person who provides program material or information for
transmission by means of a System.
Property of Grantee.
All property owned or leased within the Franchise Service
Area by Grantee in the conduct of its System business under a Franchise.
Resident.
A person residing in the Franchise Service Area, or as otherwise
defined by applicable law.
Service.
A service or type of benefit provided by Grantee, or any
group of related benefits obtained or made available to any person,
involving the use of a signal transmitted via a Cable Communications
System, whether the signal and its content constitute the entire service
or comprise only a part of a service which involves other elements
of any number or kind.
Service Tier or Tier.
As defined in Section 602.17 of the Cable Act, as enacted
as of the date of the adoption of this chapter or hereinafter amended.
Streets and Public Ways.
The surface of and the space above and below, any public
street, sidewalk, alley, wharf, dock, or other public way or right-of-way
of any type whatsoever.
Subscriber.
A Person electing to subscribe to, for any purpose, a Service
provided by Grantee by means of or in connection with its Cable System.
Unit.
A discrete place where Services are used, such as a residence,
apartment, office, store, etc.
User(s).
A Person who either receives Services from a Cable System
or who accomplishes any purposes by, in part or in whole, transmitting
or receiving information via a Cable System.