As used in this chapter:
A. "Basic service" means all subscriber services provided by the licensee covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made, or as specifically provided in the license agreement.
B. "Cable 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:
1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
2. A facility that services subscribers without using any public right-of-way;
3. A facility of a common carrier which is subject in whole or in part to the provisions of TITLE II of the Communications Act of 1934, 47 U.S.C. Subsection 201 et seq., except that such facility shall be considered a cable system (other than for purposes of Section 621(C) to the extent such facility is used in the transmission of video programming directly to subscribers; or
4. Any facility of any electric utility used solely for operating its electric utilities systems.
If there is a connection of any such exempt system to a licensed system, such exemption shall cease.
C. "Channel" means 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 FCC.
D. "County" means Pima County in the state of Arizona.
E. "FCC" or "Federal Communications Commission" means that agency as presently constituted by the Communications Act of 1934 as amended, or any successor agency.
F. "Gross revenues" means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half per cent annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator's operation of its cable system to provide cable service in the area of jurisdiction. Gross revenues include all revenue from charges for cable service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive cable service, and any other receipts from subscribers derived from operating the cable system to provide cable service, including receipts from forfeited deposits, sale or rental of equipment to provide cable service, late charges, interest and sale of program guides. Gross revenues also include all income the cable operator receives from the lease of its facilities located in the public streets, roads and alleys, unless services that the lessee provides over the leased facilities are subject to a transaction privilege tax of the licensing authority. Gross revenues do not include revenues from commercial advertising on the cable system, the use or lease of studio facilities of the cable system, the use or lease of leased access channels or bandwidth, the production of video programming by the cable operator, the sale, exchange, use or cablecast of any programming by the cable operator in the area of jurisdiction, sales to the cable operator's subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or charges that the cable operator collects and pays to any governmental authority, any increase in the value of any stock, security or asset, or any dividends or other distributions made in respect of any stock or securities.
G. "License" means the right and authority granted by this chapter to the licensee to construct, maintain and operate a cable system through use of the public streets or other public rights-of-way. The term does not include any license or permit that may be required by the ordinance codified in this chapter or other laws, ordinances or regulations of the county for the privilege of transacting and carrying on a business within the county or for disturbing the surface of any street or public right-of-way.
H. "License area" means the particular part of the county for which an applicant may request a license to provide cable communications services. A number of such license areas have been designated by the county and are identified on Exhibit A of the ordinance codified in this chapter.
I. "License agreement" means a contract entered into in accordance with the provisions of this chapter between the county and a licensee that sets forth the terms and conditions under which the license will be exercised.
J. "Licensee" means a person who executes a license agreement with the county, in accordance with this chapter, for the nonexclusive privilege to construct, install, operate, maintain or dismantle a cable system in the county.
K. "Person" means any individual, corporation (whether for profit or nonprofit), joint venture, partnership, or any other business entity who holds or applies for a license from the county.
L. "Private channel" means any channel which is available only to subscribers who are provided with a special tap, converter or terminal equipment to receive signals on the channel.
M. "Two-way capability" means the ability to receive and transmit signals of any type from a subscriber terminal to other points in the system.
N. "Subscriber" means any person or entity receiving cable services of the licensee.
O. "Subscriber density" means the number of business and residential units per mile of system. Business and residential units shall be counted when they are within two hundred fifty feet of any portion of the cable distribution system, including trunk or feeder cable.
(Ord. 2013-37 § 1, 2013; Ord. 1997-17 § 1, 1997; Prior code § 19.04.030)