For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is always mandatory and not merely directory.
CABLE (COMMUNITY ANTENNA) TELEVISION SERVICE. The business of furnishing to the public for compensation, by means of a master antenna or cables or both, broadcast TV programs obtained off the air, together with any other program material of all descriptions and forms, and any transmission along the energized cable, and any advertising as may be allowed from time to time by the rules and regulations of the Federal Communication Commission and other applicable law.
CABLE TELEVISION SYSTEM or CATV SYSTEM. Any facility operating in or serving in any manner the city that, in whole or in part:
(1) Receives directly or indirectly over the air, or which creates and originates, and amplifies or otherwise modifies, any audio, video, and other forms of electronic or electrical signals, whether broadcast by one or more television or radio stations, transmitted by satellite or microwave facilities, or whether created and originated by the facility or reproduced by it electronically or by means of film, videotape, videodisc, or any other process;
(2) Transmits, receives, or otherwise originates, detects, processes, interprets, transacts, collates, or compiles data or any other form of electronic, electrical, or computer signals of all sorts, including, but not limited to, QUBE and other two-way services, remote power meter readings, burglar alarm services, teletext services, and the like; and
(3) Distributes the signals by any system of antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment, or facilities to or from subscribing members of the public. This definition shall not include:
(a) Any facility that serves or will serve only subscribers in one or more apartment dwellings or multiple unit dwellings under common ownership, control, or management, and commercial establishments located on the premises thereof; or
(b) Any facility that serves fewer than 50 subscribers which does not use city rights-of-way.
CATV. Cable (community antenna) television.
FRANCHISE. Any authorization granted hereunder in terms of a franchise, privilege, permit, license, or otherwise to construct, or have constructed, operate, and maintain a system in the city for the purpose of providing cable television service to the citizens of the city. Any such authorization, in whatever terms granted, shall not include any license or permit authorization required for the privilege of transacting and carrying on a business within the city in accordance with the Privilege License Ordinance adopted annually by the Council of the city.
GRANTEE. The person to whom a franchise is granted by the City Council under this chapter, and the lawful successor, transferee, or assignee of that person.
GROSS ANNUAL RECEIPTS. 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 subscribers or users in payment for any and all cable services in the community (including all forms of consideration, such as initial lump sum payments).
PERSON. Any person, firm, partnership, association, corporation, or organization of any kind.
PROPERTY OF GRANTEE. All property owned and installed by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.
STREET. The surface of and the space above and below any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, or drive, existing as such within the franchise area.
SUBSCRIBER. Any person or entity receiving for any purpose the CATV service of a grantee.
(Ord. 20, passed 8-5-1982)