For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCT. Includes:
(1) The installation of lines, fibers or facilities that are in or cross any of the streets, highways or public rights-of-way within the city for use as part of a multi-channel video system; or
(2) The connection of other facilities directly or indirectly to previously existing lines, fibers or facilities that are in or cross any of the streets, highways or public rights-of-way within the city for use as part of a multi-channel video system.
MULTI-CHANNEL VIDEO PROVIDER. A person who meets one or more of the following tests:
(1) The person is a “cable operator”, as such term is defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. §§ 521 et seq., or is otherwise required to obtain a “franchise” as such term is defined in such Act;
(2) The person is an “open video system operator”, as such term is defined under Title VI of the Federal Communications Act of 1934 and implementing regulations;
(3) The person provides multi-channel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any of the streets, highways or public rights-of-way within the city. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; or
(4) The person provides multi-channel video service and is otherwise required to obtain a franchise or similar approval under the city charter, state law or federal law.
MULTI-CHANNEL VIDEO SERVICE. Multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station. MULTI-CHANNEL CABLE VIDEO SERVICE specifically includes, but is not limited to, “cable service” as such term is defined in Title VI of the Federal Communications Act of 1934.
MULTI-CHANNEL VIDEO SYSTEM. Includes all of the following:
(1) A “cable system”, as such term is defined in Title VI of the Federal Communications Act of 1934;
(2) An “open video system”, as such term is defined under Title VI of the Federal Communications Act of 1934 and implementing regulations;
(3) A system which provides multi-channel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any streets, highways or public rights-of-way within the city. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; and
(4) Any other system providing multi- channel video service within the city where under applicable law a franchise or similar permission or approval from the city is required.
PERSON. Individuals, corporations, partnerships, limited liability corporations, limited liability partnerships and any other form of legal entity.
(Prior Code, § 7.96) (Ord. effective 5-29-1998; Ord. effective 6-16-2000)