The term "cable system," as defined in federal law and as set forth in Section
5.30.030 of this chapter, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming distributors identified below are not deemed to be "cable systems" and are therefore exempt from the city's franchise, lease, and license requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the city's public rights-of-way.
A. Multichannel
multipoint distribution service ("MMDS"), also known as "wireless
cable," which typically involves the transmission by an FCC-licensed
operator of numerous broadcast stations from a central location using
line-of-sight technology.
B. Local
multipoint distribution service ("LMDS"), another form of over-the-air
wireless video service for which licenses are auctioned by the FCC,
and which offers video programming, telephony, and data networking
services.
C. Direct
broadcast satellite ("DBS"), also referred to as "direct-to-home satellite
services," which involves the distribution or broadcasting of programming
or services by satellite directly to the subscriber's premises without
the use of ground receiving or distribution equipment, except at the
subscriber's premises or in the uplink process to the satellite. Local
regulation of direct-to-home satellite services is further proscribed
by the following federal statutory provisions:
1. 47
U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction
to regulate the provision of direct-to-home satellite services.
2. Section
602 of the Telecommunications Act of 1996 states that a provider of
direct-to-home satellite service is exempt from the collection or
remittance, or both, of any tax or fee imposed by any local taxing
jurisdiction on direct-to-home satellite service. The terms "tax"
and "fee" are defined by federal statute to mean any local sales tax,
local use tax, local intangible tax, local income tax, business license
tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise
fees, local telecommunications tax, or any other tax, license, or
fee that is imposed for the privilege of doing business, regulating,
or raising revenue for a local taxing jurisdiction.
(Ord. 296 § 1, 2006)
Chapter
17.46 of this code sets forth the city's regulatory requirements relating to the siting and construction of antennas, television aerials, satellite dishes, and similar devices that are commonly used in providing or receiving video and telecommunications services.
(Ord. 296 § 1, 2006)