ACCESS, PEG ACCESS or PEG USE. The availability of a cable system for public, education or government use (including institutional network use) by various agencies, institutions, organizations, groups, and individuals, including the City and its designated access providers, to acquire, create, and distribute signals not under a grantee's editorial control.
APPLICANT. Any person who applies for a cable franchise.
BASIC CABLE SERVICE. The lowest service tier that includes the retransmission of local over-the-air television broadcast signals.
BROADCAST SIGNAL. A television or radio signal that is transmitted over-the-air to a wide geographic audience and is received by a cable communications system and retransmitted to its subscribers.
BUNDLED SERVICES. Two or more different services or service tiers, including cable services and non-cable services, into a single price structure.
CABLE. Open video systems (OVS) and cable systems.
CABLE ACT. Title VI of 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), amended by the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385, enacted October 5, 1992), further amended by the Telecommunications Act of 1996 (Public Law No. 104-104, enacted February 8, 1996), as may be amended from time to time.
CABLE SERVICE. The same meaning as in Title VI of Title 47 of the United States Code, as amended from time to time.
CABLE 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 any public rights-of-way;
3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facility will be considered a cable system (other than for purposes of Section 621(c) of the 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; or
4. Any facilities of an electrical utility that are used solely for operating its electrical utility system.
A reference to a
CABLE SYSTEM refers to any part thereof, including, without limitation, enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other facilities and equipment appurtenant to the cable system.
CABLE SYSTEM OPERATOR. Any person who operates a cable system, as defined in this Section.
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. A change in actual working control, in whatever manner exercised, over the affairs of a grantee or its direct or indirect parents. Without limiting the foregoing, a change of control of a franchise, grantee, or cable communications system will be deemed to have occurred whenever there is a change, acquisition or transfer of control of more than a twenty-five percent (25%) ownership in the grantee or its direct or indirect parents to any person, or a group of persons acting in concert; or whenever there is any change in the general partners of a grantee, or a transfer of the grantee to any subsidiary, affiliate or other entity.
CHANNEL. Capacity on a cable communications system that can be used to transit programming.
CITY MANAGER. The CITY MANAGER for the City of Culver City appointed by the City Council, or his or her designee.
CITY. The City of Culver City as represented by its City Council or any person authorized to act on behalf of the City.
CITY TREASURER. The elected City Treasurer or his or her designee.
COMMUNITY ACCESS CHANNEL or PUBLIC ACCESS CHANNEL. Any channel or portion of a channel utilized for programming by the general public.
EDUCATION ACCESS or EDUCATION USE. Access where schools are the designated programmers or users having editorial control over their communications.
FCC or FEDERAL COMMUNICATIONS COMMISSION. The federal administrative agency, created by the Communications Act of 1934, as amended, codified at 47 USC 151 et seq., or any lawful successor.
FRANCHISE. An authorization granted by the City to the operator of a cable communications system giving the operator the non-exclusive right to occupy the space, or use facilities upon, across, beneath, or over public rights-of-way in the City, to provide specified services within a designated franchise area. A construction or street use permit is not a franchise.
FRANCHISE SERVICE AREA or SERVICE AREA. The entire geographic area of the City as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.
GOVERNMENT ACCESS or GOVERNMENT USE. Access where government institutions or their designees are the designated programmers or users having editorial control over their communications.
GRANTEE. Any person that is awarded a franchise in accordance with this Chapter, and that person's lawful and permitted successor, transferee, or assignee; or any person holding a cable franchise as of the effective date of this Chapter.
GROSS REVENUES. Any and all revenue, of any kind, nature or form, including but not limited to revenues from equipment sales and rentals, services, installation, late fees and other subscriber charges, fees for carriage of programming, advertising, programming guides, and shopping services; the term encompasses revenue sources existing as of the effective date of this ordinance or revenue sources that may develop in the future. It shall also include revenues collected by any affiliate of a grantee for services provided over the cable system.
OPEN ACCESS. Allowing nondiscriminatory access by Internet service providers to a cable system operator’s Internet delivery transport system.
OPERATOR. A person:
1. Who directly or through one (1) or more affiliates provides cable service over a cable communications system and who directly or through one (1) or more affiliates owns a significant interest in such system; or
2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.
PERSON. Unless it otherwise appears from the context as used, means and includes any person, individual, firm, partnership, sole proprietorship, corporation, company, trust, limited liability company, association, joint stock company, bank institution business or other trust, public agency, school district, educational facility, the state, its political subdivisions and/or instrumentalities, or any other legal entity, but not the City.
PROGRAMMING. Signals containing information intended for use by recipients, whether in the form of video signals, audio signals or data signals.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES or PEG ACCESS. The total of the following:
1. Channel capacity designated for public, educational, or government use; and
2. Facilities and equipment for the use of that channel capacity.
PUBLIC PROPERTY. Any property owned or under the control of the City, other than a right-of-way.
RIGHTS-OF-WAY. The surface and space in, on, above, through and below any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to, any public street, boulevard, road, highway, freeway, lane, ally, court, sidewalk, curb, parkway, river, tunnel viaduct, bridge, park, public easement, dedicated easement, or any other place, area, or real property owned by or under the control of the City.
SCHOOL. Any public charter school, primary and secondary schools or college accredited by the state (which term includes all accredited post-secondary institutions, including by way of example and not limitation, community colleges, technical colleges and universities).
SUBSCRIBER or CUSTOMER or CONSUMER. The City or any person within the City who is lawfully receiving, for any purpose or reason, any cable service via a cable communications system, whether or not a fee is paid for such service.
USC. The United States Code.
(Ord. No. 2001-014 § 2; Ord. No. 2006-009 § 22 (part))