A. Definitions generally -- interpretation of language. For purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given in this section. Unless otherwise expressly stated, words not defined in this article shall be given the meaning set forth in Section 13.18.040 of the Pinole Municipal Code as may be amended from time to time, unless the context indicates otherwise. Words not defined in this Section 13.18.570 or Section 13.18.040 shall have the same meaning as established in: (1) DIVCA, and if not defined therein, (2) California Public Utilities Commission rules implementing DIVCA, and if not defined therein, (3) Title VI of Title 47 of the Communications Act of 1934, as amended, 47 USC § 521 et seq., and if not defined therein (4) their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and “including” and “include” are not limiting. The word “shall” and “will” are always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.
1. ACCESS, PEG ACCESS, PEG USE, or PEG. The availability of a cable or state franchise holder's system for public, educational, or governmental use by various agencies, institutions, organizations, groups, and individuals, including the city and its designated access providers, to acquire, create, and distribute programming not under a state franchise holder's editorial control.
a. PUBLIC ACCESS or PUBLIC USE. Access where organizations, groups, or individual members of the general public, on a non-discriminatory basis, are the primary or designated programmers or users having editorial control over their communications;
b. EDUCATION ACCESS or EDUCATION USE. Access where accredited educational institutions are the primary or designated programmers or users having editorial control over their communications;
c. GOVERNMENT ACCESS or GOVERNMENT USE. Access where government institutions or their designees are the primary or designated programmers or users having editorial control over their communications.
2. GROSS REVENUES. All revenues actually received by the holder of a state franchise that are derived from the operation of the holder's network to provide cable service or video service within the incorporated areas of the city, subject to the specifications of California Public Utilities Code section 5860.
3. STATE FRANCHISE HOLDER. A cable operator or video service provider that has been issued a franchise by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in California Public Utilities Code Section 5830, within any portion of the incorporated limits of the city.
(Ord. 2009-04 § 2 (part), 2009)