A. For the purpose of this Chapter, the words, terms, phrases, and their derivatives set forth in this Section shall have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number.
ACCESS. The entrance into, upon, under, over or through the rights-of-way, or the modification of facilities in the rights-of-way.
AFFILIATE. When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person. For purposes of this definition, the term OWN means to own an equity interest, or its equivalent, of ten percent (10%) or more.
APPLICANT. Any person requesting permission to provide telecommunications services within or through the City.
APPLICATION. The form established by the City upon which an applicant shall request consideration of a franchise, encroachment permit, or other authorization from the City.
CABLE SERVICES. The one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, VIDEO PROGRAMMING means programming provided by, or generally considered comparable to the programming provided by, a television broadcast station; OTHER PROGRAMMING SERVICE means programming that a cable system operator makes available to all subscribers generally.
CABLE SYSTEM or CABLE COMMUNICATIONS SYSTEM or CABLE TELEVISION 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 that includes video programming and that is provided to multiple subscribers within a community. The term CABLE SYSTEM does not include:
1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
2. A facility that serves subscribers without using, or connecting to a facility that uses, any public right-of-way within the City;
3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title ll of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the 1984 Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
4. An open video system that is certified by the Federal Communications Commission; or
5. Any facility of an electric utility that is used solely for operating its electric utility system.
CABLE SYSTEMS OPERATOR. Any person or group of persons:
1. Who directly or through one or more affiliates provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or
2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.
CALIFORNIA PUBLIC UTILITIES COMMISSION or CPUC. The Public Utilities Commission of the State of California or any other authority succeeding to the regulatory powers of the California Public Utilities Commission.
CFR . The Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1 of the Code of Federal Regulations.
CHANGE OF CONTROL. Any change in the makeup of ownership in a company, corporation, limited partnership or other structure wherein more than twenty-five percent (25%) of the ownership of stock or interest in the entity has changed.
CITY MANAGER. The CITY MANAGER for the City of Culver City appointed by the City Council, or his/her designee.
CITY. The City of Culver City as represented by its City Council or any delegate acting within the scope of its delegated authority.
CONSTRUCT, OPERATE or REPAIR. The named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and the management of a system and its operations.
COMMUNICATIONS ACT. The Communications Act of 1934 (48 Stat. 1064, enacted June 19, 1934), as amended by the Cable Communications Policy Act of 1984 (Public Law No. 98-549, enacted October 30, 1984), the Cable Television Consumer Protection and Competition Act
of 1992 (Public Law No. 102-385, enacted October 5, 1992), and the Telecommunications Act of 1996 (Public Law No. 104-104, enacted February 8, 1996), as amended from time to time.
DATA TELECOMMUNICATIONS. The transmission of information, regardless of device, between two or more points.
ENCROACHMENT PERMIT. A legal authorization from the City to install, operate, and/or maintain a facility within the public rights-of-way.
ENTRY. Any physical placement of equipment, materials, or facilities in, on, above, through, or under any part of the rights-of-way.
FACILITIES or TELECOMMUNICATIONS FACILITIES. Any pipe, pipeline, tube, main service trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, electrolier, signpost, pole, post line, cross-arm or bracket, anchor, junction box, transformer, equipment, structure, materials, or tangible components or object of any kind or character not particularly mentioned herein which is or may be lawfully constructed, left, placed or maintained in the rights-of-way and to include physical elements used to provide services, including but not limited to, all plant, whether inside or outside, works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures and antennas, lines, termination equipment, mains, interducts, regenerators, repeaters, underground lines, handholes, pull boxes, splice closures, and cables.
FEDERAL COMMUNICATIONS COMMISSION or FCC. The federal administrative agency, created by the United States Communications Act of 1934, as amended, codified at 47 USC Sec. 151 et seq., or any lawful successor, that is authorized to regulate telecommunications services and telecommunication service providers on a national level.
FRANCHISE. An initial authorization, or the renewal of an authorization, issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, that authorizes the construction or operation of a cable, telecommunications, telephony or data transmission system.
FRANCHISE FEE. Any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a Grantee of a franchise. The term FRANCHISE FEE does not include:
1. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on utilities, cable, telecommunications and data transmission operators or their services);
2. Capital costs that are required by the franchise to be incurred by Grantee for public, educational or governmental access facilities;
3. Costs or charges that are incidental to the award or enforcement of the franchise, including payment for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages;
4. Costs for reimbursement to City for direct and indirect costs associated with the award, modification or enforcement of the franchise.
GRANTEE. Any person who is awarded a franchise in accordance with this Chapter, and that person's lawful successor, transferee, or assignee.
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR or VIDEO PROGRAMMING DISTRIBUTOR. A person such as, but not limited to, a cable system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.
OPEN ACCESS. The ability of any data transmission operator or Internet Service Provider (ISP) to access customers by utilization of a portion of a data transmission device through lease or purchase of the transmission capacity.
OPEN VIDEO SYSTEM. A facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system complies with 47 CFR §1500 et seq., entitled "Open Video Systems."
OPEN VIDEO SYSTEM OPERATOR. Any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system. For purposes of this chapter, SIGNIFICANT INTEREST means holding more than ten percent (10%) in the shares or equity of the system.
PASS THROUGH TELECOMMUNICATIONS SYSTEM. Any system of wires, fiber or other device that utilizes the public rights-of-way but which has no connections to any residence, business or other telecommunications provider within the corporate city boundaries.
PERSON. Any individual, firm, partnership, sole proprietorship, corporation, company, trust, joint stock company, banking institution, association, governmental entity, or organization of any kind.
TELEPHONY SERVICE PROVIDER. Any provider of telephony services licensed by the CPUC.
TRANSFER OF OWNERSHIP. The transfer of full interest, control and possession from one person to another person.
U.S.C. The United States Code.
VIDEO PROGRAMMING PROVIDER. Any person or group of persons who has the right under federal copyright laws to select and to contract for the carriage of specific video programming on an open video system.
VIDEO PROVIDER. Any person, company or service that provides one or more channels of video programming to a business or residence, including a home, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A VIDEO PROVIDER includes, without limitation, providers of cable television service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.
B. Unless otherwise expressly stated, words, terms, and phrases not defined in this § 11.20.020 will be given their meaning as used in Title 47 of the United States Code, as now existing or hereafter amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations.
(Ord. No. 2000-019 §1 (part); Ord. No. 2006-009 §22 (part))