CHAPTER 5
CABLE TELEVISION SERVICE, MINIMUM CONSUMER PROTECTION STANDARDS

SECTION:

9-5-1: Definitions

9-5-2: Subscriber Billings

9-5-3: Technical Standards

9-5-4: Testing Requirements

9-5-5: Business And Service Office

9-5-6: Staffing Levels

9-5-7: Request For Cable Service And Repair Standards

9-5-8: Installation Practices

9-5-9: Verification Of Standards

9-5-10: Complaints

9-5-11: Review By Operator

9-5-12: Escrow Account

9-5-13: Complaint File And Reports

9-5-14: Operating Policies

9-5-15: Rates And Services

9-5-16: Identification Of Employees

9-5-17: Quality Of Service

9-5-18: Tenant Rights

9-5-19: Operator Rules And Regulations

9-5-20: Rights Of Individuals

9-5-21: Continuity Of Service Mandatory

9-5-22: Violations; Remedies; Administrative Adjudication

9-5-23: Nuisance Abatement

9-5-24: Assessment Lien

9-5-25: Alternate Actions

9-5-1: DEFINITIONS:

For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings 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.

   BASIC CABLE SERVICE: Any service tier which includes the retransmission of local television broadcast signals.

   CABLE COMMUNICATIONS SYSTEM OR SYSTEM: Also referred to as "Cable Television System", "Cable System", "CATV System", or "Community Antenna TV System", means 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 which includes video programming and which is provided to multiple subscribers within a community but such term does not include:

   A.   A facility that serves only to retransmit the television signals of one or more television broadcast stations;

   B.   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;

   C.   A facility of common carrier, except 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

   D.   Any facilities of any electric utility used solely for operating its electric utility system.

   CABLE SERVICE: The total of the following:

   A.   The one-way transmission to subscribers of video programming or other programming service; and

   B.   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.

   CITY: The City of El Segundo as represented by the City Council or any delegate acting within the scope of its jurisdiction.

   CONVERTER: An electronic device which converts signal carriers from one form to another.

   COUNCIL: The City Council of the City of El Segundo.

   FCC: The Federal Communications Commission and any legally appointed or elected successor.

   FRANCHISE: An initial authorization, or renewal thereof issued by the City, 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 FEES: Any tax, fee or assessment of any kind imposed by the City on an operation or cable subscriber, or both, solely because of their status as such. The term "franchise fee" does not include:

   A.   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 franchisee or cable subscribers);

   B.   Capital costs which are required by the franchise to be incurred by franchisee for public, educational, or governmental access facilities;

   C.   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

   D.   Any fee imposed under title 17, United States Code.

   FRANCHISEE OR OPERATOR: Any "person" operating a cable television system within the City of El Segundo pursuant to a franchise.

   INSTALLATION: The connection of the system from feeder cable to subscribers' terminals, and the provision of services.

   LOCAL ORIGINATION CHANNEL: Any channel where the operator or its designated agent is the primary programmer, and provides video programs to subscribers.

   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.

   PERSON: An individual, partnership, association, joint stock company, trust, corporation, or organizational entity.

   RESIDENT: Any person residing in the City as otherwise defined by applicable law.

   SERVICE TIER: A category of cable service or other services provided by an operator and for which a separate rate is charged by the operator.

   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 or 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 franchisee shall permit to be included within the definition of street from time to time.

   SUBSCRIBER: Any person, firm, corporation, or other entity who or which elects to subscribe to, for any purpose, a service provided by the operator by means of or in connection with the cable communications system. (Ord. 1159, 2-5-1991)