For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC SERVICE. Those broadcast signals which the grantee carries pursuant to FCC must carry regulations and one public access channel, delivered to all subscribers as a group or tier of signals in exchange for a single monthly charge and which all system subscribers shall take in order to have the right to subscribe to additional CATV services. BASIC SERVICE shall not include optional tiers or services for which a separate charge is made.
CITY. The City of Antioch, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated area.
COMMUNITY ANTENNA TELEVISION AND COMMUNICATIONS SYSTEM (CATV). A facility utilizing:
(1) A receiving antenna or antennas;
(2) Connecting wire, cable, fiber optics, and other equipment crossing or occupying the streets; and
(3) Associated microwave, satellite relay facilities, or similar radio frequency transmission equipment used in conjunction with the facilities enumerated in subdivisions (1) and (2), designed and constructed for the primary purpose of distributing video programming to subscribers and the secondary purpose of producing, receiving, amplifying, storing, processing, or distributing audio, video, digital, or other forms of electronic or electrical signals sold or distributed to subscribers.
FRANCHISE. The right and authority granted by this chapter to a grantee to construct, maintain, and operate a community antenna television and communications system through the use of the public streets, public rights-of-way, or other places owned by the city or dedicated to public use, including public utility easements.
FRANCHISE AGREEMENT. An agreement executed by the city and the grantee to implement the provisions of this chapter.
GRANTEE. The person or corporation to whom or which a franchise under this chapter is granted by the Council and the lawful successor or assignee of such person or corporation.
GROSS RECEIPTS. Any and all compensation received by the grantee from the operation of its CATV system within the corporate limits of the city. GROSS RECEIPTS shall include regular monthly subscriber fees for both standard and premium (pay) service, installation charges, disconnect and reconnect charges, and charges for the use of access, origination, or private service channels in either service direction, as reduced by bad debts and fees paid by the grantee to the copyright office. GROSS RECEIPTS shall not include refundable deposits or any taxes on the services furnished by the grantee imposed directly on any user or subscriber by any city, state, or other governmental unit and collected by the grantee for such governmental unit.
STREET. The surface, the airspace above the surface, and the area below the surface of any public street, public right-of-way, or other place owned by the city or dedicated to public use, including public utility easements.
SUBSCRIBER. Any person or entity receiving for any purpose the CATV service of the grantee.
('66 Code, § 5-5.02) (Ord. 590-C-S, passed 9-11-84)