For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meaning given in this section. 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 include the plural number.
A. "City" means the city of Gridley, a municipal corporation of the state of California, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
B. "Council" means the governing 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 cable television system within all or a specified area in the city.
D. "Grantee" means the person, firm or corporation to whom or which a franchise under this chapter is granted by the city council and the lawful successor, transferee or assignee of the firm, person, or corporation.
E. "Grantor" means the city of Gridley.
F. "Gross receipts" means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from the operation of its CATV system in the city, including compensation from: (1) subscribers or users in payment for television or FM radio signals, or any other electrical or light signals reception or service including facsimile transmission and return or response communication received within the city, whether said signals, reception or service is included within the term "Basic Subscriber Service" or if an additional premium charge is collected for the signals, reception or services, including installation charges, (2) any fees or income received by grantee for carrying advertising or commercial messages over the CATV facilities, and (3) from any other person for utilization of or for connection to the property of grantee to the extent that he may from time-to-time legally impose a rental, lease fee, charge or requirement of any form of compensation or consideration therefor. Notwithstanding the above, gross annual receipts or gross revenue shall not include any taxes on services furnished by the grantee and imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. Notwithstanding the foregoing, gross receipts shall not include any revenue from noncable services, revenue attributable to copyright fee separately billed to subscriber, refundable deposits on converters/scramblers, or other non cable-related equipment or services provided to subscribers. Notwithstanding the foregoing, gross receipts shall not include that portion up to and including thirty dollars of any payment for the installation or reconnection of a single outlet that is received from any subscriber or user. Intrastate telecommunications services subject to taxation under Part 22 (commencing with Section 44000) of Division 2, of the California Revenue and Taxation Code shall not be included, prior to July 1, 1988, in the gross receipts subject to the CATV franchise fee.
G. "Street" means the surface, the air space above the surface, and the area below the surface of any public street, other public right-of-way or public place, including public utility easements under control of the governing entity.
H. "Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.
I. "Subscribers" means any person or entity receiving with the grantee's authorization, for any purpose the CATV service of the grantee.
J. "Cable television system and CATV" are terms describing a system employing antenna, microwave, satellite transmission facilities, wire, wave-guides, coaxial cables and other conductors, equipment or facilities, including those that occupy the public rights-of-way and are designed, constructed or used for the purpose of receiving, collecting and transmitting television signals, radio signals, or any other kind of electrical or light signal including both off-the-air broadcast, microwave, satellite or closed-circuit television signals or other data or intelligence. This paragraph does not prohibit or purport to regulate activities by public utilities which are permitted by federal law or state regulation.
K. "City pole" means any pole owned solely by the city.
L. "Encroachment" means any property of grantee which is placed in, under or over any right-of-way.
M. "FCC" means the Federal Communications Commission.
N. "FM" means frequency modulation radio transmission.
O. "Above-ground equipment" means a CATV system constructed above ground on poles and structures including cables, guy wires, anchors, conductors, amplifiers, appliances and attachments placed on or attached to poles, overhead structures or placed above the surface of the ground and as necessary and appurtenant to the CATV system.
P. "Right-of-way" means the surface of and the space above, below, and the entire width of any street, highway, alley, lane, path, public way, sidewalk, boulevard, parkway, drive or any easement or right-of-way and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the city, or dedicated for use by the city, use by the general public or use compatible with cable system operations.
Q. "Underground equipment" means a CATV system constructed below the surface of the ground, including cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, and attachments necessary and appurtenant to the CATV system.
(Ord. 505 § 1, 1987).