For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number.
AFFILIATE. An entity which owns or controls, is owned or controlled by or is under common ownership or control with the cable operator.
BASIC CABLE. The tier of cable service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.
CABLE SERVICE. The one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM. A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment or other equipment that is designed to provide cable service or other service to subscribers.
FCC. The Federal Communications Commission, or successor governmental entity thereto.
PERMIT. The initial authorization, or renewal thereof, issued by the City whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.
PERSON. An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PUBLIC WAY. The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the service area which shall entitle the City and the cable operator to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system. PUBLIC WAY also means any easement now or hereafter held by the City within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall, within their proper use and meaning, entitle the City and the cable operator to the use thereof for the purposes of installing or transmitting the cable operator’s cable service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments and other related property or equipment as may be necessary or appurtenant to the cable system.
SERVICE AREA. The present municipal boundaries of the City and all areas annexed into the City in the future.
SUBSCRIBER. A user of the cable system who lawfully receives cable service with the cable operator’s express permission.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Ord. 2023-12, passed 9-19-2023)