For the purpose of this Chapter, the following terms, phrases, words, and their derivation, shall have the meaning set forth herein. Words used in the present tense include the future tense, plural words include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meaning. The word “shall” is also mandatory and not merely directory.
ACCESS. The physical extension of cables, wires, conduit and associated fixtures capable of carrying cable service to a point immediately adjacent to the structure or facility to be serviced.
ADVERTISING RECEIPTS. Any and all income, compensation, fees, and other consideration received directly or indirectly by licensee derived from any form of advertising, relating directly or indirectly to the licensee’s license activities and operations.
AFFILIATE. When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals including all public, educational, and government use (PEG) channels and all broadcast channels required to be carried pursuant to Federal law.
BASIC SUBSCRIBER RECEIPTS. Any and all income, compensation, fees, and other consideration received directly or indirectly by the licensee from subscribers in payment for the basic service of the cable television system.
BOARD OF SUPERVISORS. The Board of Supervisors of the County of San Bernardino. If any territory covered by the license falls within the limits of any incorporated city, then as to such incorporated area “board” means the legislative body of such city (e.g., the city council).
CABLE ACT. The Federal Cable Communications Policy Act of 1984, Pub. Law No. 98-549, 98 slat. 2779 (1984), which amends the Federal Communications Act of 1934 and as hereafter amended.
CABLECAST. The distribution of programming which originates within the facilities of the cable television system.
CABLE SERVICE. Any transmission to or from subscribers and institutional users of video programming and other programming services.
CABLE TV COORDINATOR.
(1) That person charged with the primary responsibility for the administration of this Chapter.
(2) Designates a person in the Department of Weights and Measures charged with the responsibility for administering the cable television chapter provisions of the County.
CABLE TV SYSTEM. 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, but 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 serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless the facility or facilities uses 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 2 of the Cable Act except that such facility shall be considered a cable system (other than for purposes of § 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL or CABLE CHANNEL. A portion of the electomagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television signal as defined by the Federal Communications Commission.
COMMENCEMENT OF OPERATIONS. The time and date when sufficient distribution facilities have been installed so as to permit the offering of full service to a dwelling unit located within the license area and such service is actually subscribed to by a resident of the license area.
CONSTRUCTION. Any new construction, reconstruction, upgrade, mandatory extensions or reconfigurations of the cable television system.
CONSTRUCTION COMMENCEMENT. The time and date in a given phase when the first connection is physically made to a utility pole, or undergrounding of cables is initiated, after engineering and mapping is complete, and after all necessary permits and authorizations have been obtained.
CONSTRUCTION COMPLETION. The point and time when all cable system equipment specified in the license as required under § 42.0518(b)(5) of this Chapter has been installed by the licensee so as to permit the offering of cable service to all the potential subscribers in the license area, as well as the provision, in an operational state, of all facilities required by the license agreement.
COUNTY. The County of San Bernardino, a political subdivision of the State of California.
CURRENT INDUSTRY STANDARDS. That level of technical performance or capacity, service, plant or other equipment, production or other facilities, or construction techniques for which there is a reasonable market demand and which has been developed and demonstrated to be workable, and such that it would be economically feasible and viable in the license area during the term of the license.
DEPARTMENT. The Department of Weights and Measures, or successor thereto, of the County of San Bernardino.
DIRECTOR. The Director of the Department of Weights and Measures of the County of San Bernardino.
DIVISION. The Division of Consumer Affairs of the County of San Bernardino.
ENHANCED SERVICE. Any service distributed over the subscriber system for which there is a per channel(s), per unit(s), or per package charge to the subscriber.
FCC. The Federal Communications Commission, its designee, or any successor thereto.
GROSS REVENUES. Any and all income, compensation, fees, and other consideration received directly or indirectly by the licensee and/or its affiliates, and any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee, arising from or attributable to the operation of the cable television system within the unincorporated areas of the County, including, but not limited to, the following sources:
(1) Installation fees, disconnect and reconnect fees, and fees for cable service derived from operations within the authorized license area;
(2) Basic subscriber receipts;
(3) Enhanced service receipts, including, but not limited to, income derived from per-program, or per-channel charges;
(4) Advertising receipts;
(5) Lease receipts; and
(6) Any other income from any source derived from licensee’s licensed operations. Excluded are refundable deposits and sales, excise, and other taxes collected for direct pass-through to local, State, or Federal governments.
HEAD END. The electronic processing center for the distribution of the signals received from a master antenna or earth stations.
INFERIOR RECEPTION QUALITY. A partial failure of sound or picture of one or more channels affecting one or more subscribers.
INSTALLATION. The connection of the system from feeder cable to subscriber’s terminals, and the provision of actual service.
LEASE RECEIPTS. Any and all income, compensation, fees, and other consideration received directly or indirectly by the licensee from the lease or rental of license property, and compensation for any services in connection therewith, including but not limited to, studio and equipment rental and production costs of any channel permitted or designated by the FCC to be so leased or rented.
LICENSE. Any authorization or renewal thereof granted hereunder by the county, whether such authorization is designated as a license, privilege, permit, franchise, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction, operation, and maintenance of a cable television system within a specified area in the unincorporated portions of the county. Any such authorization, in whatever form granted, shall not include any other license or permit as may be required by the county or any other governmental entity.
LICENSE AREA. That geographic portion of the unincorporated area of the county in which the licensee is authorized to construct, operate, and provide connections for a cable television system pursuant to the terms and conditions of the license, and may consist of not more than five service areas.
LICENSE EXPANSION AREA. That geographic portion of the unincorporated area of the county which may be added contiguous to an existing license area.
LICENSE PAYMENT PERIOD. The time period from the effective date of the license agreement through the end of the calendar year in which the license was granted, and each calendar year thereafter during the term of the license.
LICENSE REVIEW BOARD. The board established under this Chapter to evaluate applications for cable TV systems, make recommendations to the Board of Supervisors with respect to licenses issued under this Chapter, to hear appeals of subscriber complaints, and to administer other related responsibilities.
LICENSEE. A person, firm, or corporation granted a license by the board under this Chapter, and its lawful successor, transferee, or assignee.
NCTA. The National Cable Television Association.
PEG. Public, educational, and governmental uses as defined in § 611 of the Cable Act.
PERSON. Any individual, firm, partnership, association, corporation, joint venture, company, syndicate, club, business, common-law trust, society, or other legally recognized entity, whether for profit or, not for profit, but shall not mean the county.
PROPERTY OF LICENSEE. All property owned, installed, or used within the county by a licensee in the conduct of a cable television system under authority of a license granted pursuant to this Chapter.
PUC. The Public Utilities Commission of the State of California.
SECTION. Any section, subsection, or provision of this Chapter.
SERVICE AREA. That geographical portion of a license area containing not less than 20 percent of the license area’s population within its boundaries as designated by the licensee.
SERVICE TIER. A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator.
STREET. All of the following which have been or hereafter may be dedicated to the public and maintained under public authority or by others and located within the unincorporated area of the county: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, green belts, and similar public property and areas which the county shall determine to be included within the definition of STREET from time to time.
SUBSCRIBER. Any person lawfully receiving for any purpose, any service of the licensee’s cable television system, including the ultimate recipient of any distribution of the licensee’s service.
SYSTEM OUTAGES. The following interruptions to subscriber service:
(1) SYSTEM OUTAGE. Total failure of sound and picture of all channels affecting at least ten percent of the system’s subscribers.
(2) ISOLATED OUTAGE. Total failure of sound and picture of one or more channels affecting less than ten percent of the system’s subscribers.
(Ord. 1281, passed - -1966; Am. Ord. 2053, passed - -1976; Am. Ord. 2667, passed - -1982; Am. Ord. 2908, passed - -1984; Am. Ord. 3440, passed - -1991)