For the purpose of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. 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.
A. "City" means the City of Fullerton, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
B. "Council" means the present governing body of the City or any future board constituting the legislative body of the City.
C. "Franchise" means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV System in the city. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city in accordance with Chapter 4.06 of the Fullerton Municipal Code, entitled "Business Taxes and Classifications."
D. "Grantee" means Teleprompter Corporation, a New York corporation, and its lawful successor, transferee or assignee.
E. "Street" means the surface of and the space above, and below any public street, road, highway, lane, path, alley, court, sidewalk, parkway, or drive, now or hereafter existing as such within the city.
F. "Property of grantee" means all property owned, installed or used by grantee in the conduct of a CATV business in the city under the authority of franchise granted pursuant to the ordinance codified herein.
G. "CATV" means a community antenna television system as hereinafter defined.
H. "Community antenna television system" means a system of antenna, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or other facilities as licensed by this franchise.
I. "Subscriber" means any person or entity receiving for any purpose the CATV service of the grantee.
J. "Gross annual receipts" means the annual gross revenues received by the grantee from all sources of operation of the cable television system, including advertising, except that any sales, excise or other taxes, or other payments elected for direct pass-through to local, State, or Federal government shall not be included, nor shalt a feed originating outside the city and passing through the city destined for a location outside the city be included, nor shall revenues arising from distribution of programming or advertising produced in Fullerton studios to areas outside the city be included.
K. "Proposal" means the proposal for a community antenna television (CATV) system, dated June 23, 1980, submitted by grantee to the City of Fullerton, which is hereby adopted and approved. A copy of said proposal is on file in the office of the City Clerk of the City.
L. "Agreement" means the agreement entered into between grantee and grantor on June 21, 1983. Said agreement is hereby adopted and approved and incorporated by reference into this franchise and constitutes an amendment therefor. A copy of the agreement is on file in the office of the City Clerk. (Ord. 2476 Exhibit B §§ 1, 2, 1983; Ord. 2326 § 1 (part), 1980).