§ 5-10.01. Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a)
"Additional subscriber service" shall mean any service not included in "basic cable service," or "basic subscriber radio service" or "institutional service," including, but not limited to, pay-cable.
(b)
"Basic subscriber radio service" shall mean the provision to all subscribers of such audio programs as the re-transmission of broadcast frequency (FM) radio signals, the re-transmission of shortwave, weather, news, time and other similar audio information and the transmission of cablecast audio signals all provided to subscribers at a monthly rate.
(c)
"Basic cable service" shall mean any service tier which includes the transmission of local television broadcast signals.
(d)
"Broadcast signal" shall mean a television or radio signal that is transmitted over the air on a UHF or VHF frequency to a wide geographic audience and is received by a cable communications system by microwave link, by satellite receiver, or by other means.
(e)
"Cable communications system" or "system," also referred to as "cable television system," "cable system," "CATV system," or "community antenna TV system" shall mean 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, audio programming, and which is provided to multiple subscribers within a community but such terms do not include:
(1)
A facility that serves only to retransmit the television signals of one or more television broadcast stations unless such facility or facilities uses any public right-of-way;
(2)
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;
(3)
A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4)
Any facilities of any electric utility used solely for operating its electric utility system.
(f)
"Cable-mile" shall mean a linear mile of signal carrying cable as measured on the street or easement from pole to pole or pedestal to pedestal.
(g)
"Cable service" shall mean the total of the following:
(1)
The one-way transmission to subscribers of video programming or other programming service; and
(2)
Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(h)
"Channel" or "cable channel" shall mean a portion of the electromagnetic spectrum which is capable of delivering a television channel as defined by the Federal Communications Commission as of the date of enactment of this chapter.
(i)
"City" shall mean the City of Simi Valley, a municipal corporation of the State, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.
(j)
"City Manager" shall mean the City Manager of the City or his designee.
(k)
"Closed-circuit" or "institutional service" shall mean such video, audio, data and other services provided to institutional users on an individual, private channel basis. These may include, but not be limited to, two-way radio, audio or digital signals among institutions, or from institutions to residential subscribers.
(l)
"Council" shall mean the present governing body of the City or any future board constituting the legislative body of the City.
(m)
"Franchise" shall mean and include any nonexclusive authorization, or renewal thereof, granted pursuant to the provisions of this chapter whether such authorization is designated as a franchise, privilege, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the grantee to construct, operate, and maintain a cable television system within all or a specified area in the City including but not limited to the use of any and all City rights-of-way, whether by fee or easement. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other laws of the City, County, State or Federal Governments.
(n)
"Franchise fee" shall mean the fee paid by the grantee to the City in consideration of the use of the public streets and rights-of-way, and shall comprise five (5%) percent of the gross annual cable service receipts as defined in this chapter.
(o)
"Grantee" shall mean the person, firm, or corporation granted a non-exclusive franchise by the Council pursuant to the provisions of this chapter and the lawful successor, transferee, or assignee of such person, firm, or corporation.
(p)
Deleted by § 3, Ord. 987, eff. January 4, 2001.
(q)
Deleted by § 3, Ord. 987, eff. January 4, 2001.
(r)
Deleted by § 3, Ord. 987, eff. January 4, 2001.
(s)
Deleted by § 3, Ord. 987, eff. January 4, 2001.
(t)
"Gross annual cable service receipts" shall mean the annual gross receipts received directly or indirectly by a grantee from the provision of cable service within the City utilizing public rights-of-way for which a franchise is required. Gross annual cable service receipts shall include, but not be limited to, subscriber revenue, equipment charges, late fees, advertising revenue, home shopping revenue, and franchise fee revenue. Gross annual cable service receipts shall not include refundable deposits, rebates or credits, or any sales, excise or other taxes or charges imposed externally to the franchise, and collected for direct pass-through to local, state, or federal government.
(u)
"Leased channel" or "leased access channel" shall mean any channel available for lease and programmed by persons or entities other than the grantee.
(v)
"Local origination channel" shall mean any channel where the grantee is the primary designated programmer, and provides video and/or live programs to subscribers.
(w)
"Nonbroadcast signal" shall mean a signal that is transmitted by a cable communications system and that is not transmitted in an over-the-air broadcast transmission path.
(x)
"Penetration" shall mean the result (expressed as a percentage) obtained by dividing the total number of potential subscribers in the franchise area into the number of subscribers receiving service.
(y)
"Person" shall mean any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.
(z)
"Potential subscriber" shall mean any person or entity not subscribing to cable communications system services whose residence, business or other facility is passed by cable and is capable of being connected to the cable system.
(aa)
"Property of the grantee" shall mean any property owned, installed, or used within the City by the grantee in the conduct of a cable television system business under the authority of a franchise granted pursuant to the provisions of this chapter.
(bb)
"Public access channel" or "community access channel" shall mean any so designated channel where any member of the general public or any non-commercial organization may be a programmer, without charge, on a first-come, first-served, nondiscriminatory basis, in accordance with the terms of the franchise agreement.
(cc)
"Service area" shall mean the entire geographic area within the franchise territory.
(dd)
"Service tier" shall mean a category of cable service or other services provided by a grantee for which a separate rate is charged by the grantee.
(ee)
"Street" shall mean the surface, the airspace above the surface, and the area below the surface of any public street, other public right-of-way, or public places, including public utility easements.
(ff)
"Subscriber" or "user" shall mean any person or entity lawfully receiving for any purpose any service of the grantee's cable television system, including, but not limited to, the conventional cable television system service of the retransmission of television broadcasts, radio signals, the grantee's original cablecasting, and the local government, education, and public access channels; and other services, such as the leasing of channels, data and facsimile transmissions, pay television, and police, fire, and similar public service communication.
(§ 2, Ord. 719, eff. January 4, 1990, as amended by §§ 1, 3, Ord. 987, eff. January 4, 2001)