For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.
AGENCY SUBSCRIBER.
A subscriber who receives a service in a government or public agency, school, or non-profit corporation.
BASIC CABLE SERVICE.
Any service tier which includes the retransmission of local television broadcast signals.
BASIC RADIO SERVICE.
The provision to subscribers of audio programs provided to subscribers at a monthly rate.
BROADCAST SIGNAL.
A television or radio signal transmitted over the air to a wide geographic audience and is received by a Cable Communications System off-the-air by microwave.
CABLE COMMUNICATIONS SYSTEM, SYSTEM, CABLE TELEVISION SYSTEM, CABLE SYSTEM, CATV SYSTEMS,
or
COMMUNITY ANTENNA TV SYSTEM.
A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
1. A facility that only retransmits the television signals on one or more television broadcast stations;
2. A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public right-of-way;
3. A facility of common carrier; provided, 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.
CABLECAST SIGNAL.
A nonbroadcast signal that originates within the facilities of the Cable Communications System.
CABLE-MILE.
A linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
CABLE SERVICE.
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.
CHANNEL
or
CABLE CHANNEL.
A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
COMMENCE CONSTRUCTION.
That time and date when construction of the Cable Communications System is considered to have commenced, which shall be when the first connection is physically made to a utility pole, or undergrounding of cables is initiated, after preliminary engineering (strand mapping) and after all necessary permits and authorizations have been obtained.
COMMENCE OPERATION.
The time and date when operation of the Cable Communications System is considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of full services to a dwelling unit located within the franchise area and such services are actually subscribed to by a resident of the franchise area.
COMMERCIAL SUBSCRIBER.
A subscriber who receives a service in a place of business, where the service may be utilized in connection with a business, trade, or profession.
COMMERCIAL USE CHANNEL.
The channel capacity designated for commercial use as defined and required by Federal Law.
COMPLETION OF CONSTRUCTION.
That point in time when all distribution facilities specified in the Franchise Agreement have been installed by the Grantee so as to permit the offering of cable service to all of the potential subscribers in the franchise area, as well as the provision, in an operational state, of any facilities required by the Franchise Agreement.
CONVERTER.
An electronic device which converts signal carriers from one form to another.
FCC.
The Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE.
An initial authorization, or renewal thereof issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
FRANCHISE AGREEMENT.
A franchise award ordinance, or a contractual agreement, containing the specific provisions of the franchise granted, including referenced specifications, franchise applications, franchise requirements ordinances and other related materials.
FRANCHISE AREA.
The entire geographic area within the City designated in a Franchise Agreement to receive cable service.
FRANCHISE FEES.
Any tax, fee or assessment of any kind imposed by a franchising authority or other government entity on a Grantee or cable subscriber, or both, solely because of their status as such. 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 both utilities and cable operators or their services but not including, a tax, fee or assessment which is unduly discriminatory against the Grantee or cable subscribers;
2. Capital costs which are required by the franchise to be incurred by the Grantee for public educational or governmental access facilities;
3. Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
4. Any fee imposed under 17 USC 101 et seq.
GRANTEE.
Any person receiving a franchise pursuant to the Charter and this Chapter and under the granting franchise ordinance or agreement, and its lawful successor, transferee or assignee.
GRANTOR.
The City of Culver City.
GROSS ANNUAL RECEIPTS.
The annual gross revenues received by the Grantee from all sources of operations of the Cable Communications System, excluding refundable deposits, except that any sales, excise or other taxes collected for directed pass-through to local, State or Federal government shall not be included.
INITIAL SERVICE AREA.
The area of the City which will receive service initially, as set forth in the Franchise Agreement.
INSTALLATION.
The connection of the System from feeder cable to subscribers' terminals, and the provision of service.
LOCAL ORIGINATION CHANNEL.
Any channel where the Grantee or its designated agent is the primary programmer, and provides video programs to subscribers.
NONBROADCAST SIGNAL.
A signal transmitted by a Cable Communications System that is not involved in an over-the-air broadcast transmission path.
OPEN CHANNEL.
Any channel that can be received by all subscribers, without the necessity for special equipment.
PAY-CABLE, PAY-TELEVISION
or
PAY-PER-VIEW.
The delivery to subscribers, over the Cable Communications System, of television signals for a fee or charge to subscribers over and above the charge for Basic Cable Service, on a per program, per channel, or other subscription basis.
PENETRATION.
The result expressed in the percentage obtained by dividing the total number of potential subscribers in the franchise area into the number of subscribers receiving service.
PERSON.
An individual, partnership, association joint stock company, trust, corporation, or organizational entity.
PRIVATE CHANNEL,
or
CLOSED CIRCUIT CHANNEL.
Any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel.
PROGRAMMER.
A person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, either live or from recorded tapes or other storage media, to subscribers, by means of the Cable Communications System.
PUBLIC, EDUCATIONAL
or
GOVERNMENT ACCESS FACILITIES
or
PEG ACCESS FACILITIES.
The total of the following:
1. Channel capacity designated for public, educational, or governmental use; and
2. Facilities and equipment for the use of such channel capacity.
RESIDENT.
Any person residing in the City as otherwise defined by applicable law.
RESIDENTIAL SUBSCRIBER.
A subscriber who receives a service in an individual dwelling unit, where the service is not to be utilized in connection with a business, trade, or profession.
SALE.
Any sale, exchange, barter or offer for sale.
SCHOOL.
Any accredited non-profit educational institution including primary and secondary schools, college and universities, both public and private.
SERVICE TIER.
A category of cable service or other services provided by a Grantee and for which a separate rate is charged by the Grantee.
STATE.
The State of California.
STREET.
Each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority by others and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the Grantor shall permit to be included within the definition of street from time to time.
SUBSCRIBER.
Any person, or other entity who or which elects to subscribe to, for any purpose, a service provided by the Grantee by means of or in connection with the Cable Communications System.
('65 Code, § 35B-2) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)