For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
“Access channels”means channels set aside by a franchisee exclusively for noncommercial public, educational, or governmental use (commonly referred to as “PEG” channels).
“Addressability”means the ability of a system allowing a franchisee to authorize specific equipment to receive, change or to cancel any or all specified programming.
“Affiliate”means a person who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
“Applicant”means any person or entity that applies for any authorization, franchise, lease, or permit pursuant to this chapter.
“Basic cable service”means the lowest level of service regularly provided to all subscribers that includes the retransmission of local broadcast signals.
“Cable Act”shall mean the Cable Communications Policy Act of 1984, 47 U.S.C.
532, et seq., as now and hereafter amended.
“Cable facilities”means equipment and wiring used to transmit audio and video signals to subscribers.
“Cable operator”means a telecommunications carrier providing or offering to provide “cable service” within the city as that term is defined in the Federal Cable Act.
“Cable service”shall have the same meaning provided by the Federal Cable Act.
“Cable system”means 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 and other service to subscribers.
“Cablecast”means the distribution of programming which originates within the facilities of the cable television system.
“Channel” or “cable channel”means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television signal as defined by the Federal Communications Commission.
“Character generator”means a device used to generate alphanumerical programming to be cablecast on a cable channel.
“City”means the city of Mill Creek, Washington.
“City property”means and includes all real property owned by the city, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the city, which are not subject to right-of-way licensing and franchising as provided in this chapter.
“Council”means the city council of the city of Mill Creek, Washington, acting in its official capacity.
“Data communication”means (1) the transmission of encoded information, or (2) the transmission of data from one point to another.
“Dwelling units”for the purposes of this chapter means residential living facilities as distinguished from temporary lodging facilities such as hospitals, hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes, extended care facilities and other multiplefamily residential units.
“Emergency”means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars.
“Excess capacity”means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
“Fiber optics”means the technology of guiding and projecting light for use as a communications medium.
“Franchise”shall mean the initial authorization, or renewal thereof, approved by an ordinance of the city, which authorizes the franchisee to construct, install, operate, or maintain telecommunications facilities in, under, over, or across public ways of the city and/or to also provide telecommunications service to persons or areas in the city.
“Franchisee”means the person, firm or corporation to whom or which a franchise, as defined in this chapter, is granted by the council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in this chapter.
“Gross revenues”means any and all revenues (as that term is defined by generally accepted accounting principles) received directly or indirectly from all sources which arise out of or are derived from the operation of a franchisee’s cable system in the city. When the revenue of the franchisee includes gross revenues from sources outside of the city, a franchisee shall prorate the gross revenues among its sources by multiplying such gross revenues by a fraction, the numerator of which is the number of franchisee’s subscribers in the city and the denominator of which is the total number of all a franchisee’s subscribers. “Gross revenues” shall not include the following:
A. Fees and payments from subscribers who do not live in the city;
B. Taxes on services furnished by a franchisee, which are imposed on any subscriber or used by any governmental unit, agency or instrumentality and which are collected by a franchisee for such entity;
D. Revenue from the sale of equipment or other assets of the cable system to persons not purchasing services from the cable system;
E. Revenue from transactions involving real property owned or leased by the franchisee; or
F. Amounts collected from subscribers as a franchise fee to be paid to city.
“Headend”means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment.
“Installation”means the connection of the cable system from feeder cable to subscribers’ receivers.
“Institutional networks (I-Nets)”means that portion of a cable system which is designated principally for the provision of non-entertainment services to public schools, or public agencies such as public libraries separate and distinct from the subscriber network, or on secured channels of the subscriber network.
“Interactive services”means services provided to subscribers where the subscriber (1) receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose, and (2) has the ability to transmit signals to any other location for any purpose.
“Office”means the person or entity designated by the city as being responsible for the administration of a franchise for the city.
“Operator”means the person, firm or corporation to whom a franchise is granted pursuant to the provisions of this chapter.
“Other ways”means the highways, streets, alleys, utility easements or other rights-of-way within the city, but under the jurisdiction and control of a governmental entity other than the city.
“Overhead facilities”means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
“Person”means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
“Premium services”means video programming offered on a pay-per-channel or pay-per-program basis.
“Property of franchisee”means all property owned, installed or used by a franchisee in the conduct of its business in the city under the authority of a franchise granted pursuant to this chapter.
“Proposal”means the response, by an individual or organization, to a request by the city regarding the provision of cable services, or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the city.
“Public street”means any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the city which has been acquired, established, dedicated or devoted to highway or street purposes.
“Public way”means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the city, but only to the extent of the city's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
“State”means the state of Washington.
“Subscriber”means a person or entity or user of the cable system who lawfully receives cable services or other service therefrom with franchisee's express permission.
“Surplus space”means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the federal or state orders and regulations, to allow its use by a telecommunications carrier for a pole attachment.
“Telecommunications carrier”means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering telecommunications service.
“Telecommunications facilities”means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
“Telecommunications provider”means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.
“Telecommunications service”means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
“Underground facilities”means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
“Universal service”means a level of and definition of telecommunications services as the term is defined by the FCC through its authority granted pursuant to Section 254 of the Act.
“Usable space”means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in any federal or state orders and regulations.
“Utility easement”means any easement owned by the city and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
“Utility facilities”means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the city and used or to be used for the purpose of providing utility or telecommunications services.