214.02   DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   “Construct.”
      (1)   The installation of lines, fibers or facilities that are in or cross any of the streets, highways or public rights-of-way within the City for use as part of a multichannel video system; or
      (2)   The connection of other facilities directly or indirectly to previously existing lines, fibers or facilities that are in or cross any of the streets, highways or public rights- of-way within the City for use as part of a multichannel video system.
   (b)   “Multichannel Video Provider” or “Provider.”  A person who meets one or more of the following tests:
      (1)   The person is a “cable operator,” as such term is defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. Sections 521 et seq., or is otherwise required to obtain a “franchise” as such term is defined in the Act.
      (2)   The person is an “open video system operator,” as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations.
      (3)   The person provides multichannel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any of the streets, highways or public rights-of-way within the City. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose.
      (4)   The person provides multichannel video service and is otherwise required to obtain a franchise or similar approval under the City charter, State law or Federal law.
   (c)   “Multichannel Video Service.”  Multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station.  “Multichannel cable video service” specifically includes, but is not limited to, “cable service” as such term is defined in Title VI of the Federal Communications Act of 1934.
   (d)   “Multichannel Video System.”  Includes all of the following:
      (1)   A “cable system,” as such term is defined in Title VI of the Federal Communications Act of 1934;
      (2)   An “open video system,” as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations;
      (3)   A system which provides multichannel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any streets, highways or public rights-of-way within the City. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; and
      (4)   Any other system providing multichannel video service within the City where under applicable law a franchise or similar permission or approval from the City is required.
   (e)   “Person.”  Individuals, corporations, partnerships, limited liability corporations, limited liability partnerships and any other form of legal entity.
(Ord. Unno. Passed 5-16-05.)