For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.
BASIC CABLE SERVICE. Any service tier which includes the retransmission of local television broadcast signals.
CABLE SERVICE. Means the following:
(1) The one-way transmission to subscribers of video programming or other programming service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM or 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 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 to transmit television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers without using any public rights-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 Federal Telecommunications Act of 1996, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers unless the extent of such use is solely to provide interactive on-demand services; or
(4) An open video system that complies with Section 653 of the Federal Telecommunications Act of 1996; or
(5) Any facilities of any electric utility used solely for operating its electric utility system.
CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system which is capable of delivering a television channel as defined by the Federal Communications Commission.
COUNCIL. The City Council of the City of Santa Fe Springs.
FRANCHISE. An initial authorization, or renewal thereof, issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction and operation of a cable system. Any such authorization, in whatever form granted, shall not supersede the requirement to obtain any other generally required license or permit required for the privilege of transacting business within the city as required by the other ordinances and laws of the city.
FRANCHISE AGREEMENT. A franchise grant ordinance or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.
FRANCHISE FEE. Any fee or assessment of any kind imposed by the city on a grantee as compensation for the grantee's use of the public rights-of-way. The term FRANCHISE FEE does not include:
(1) Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);
(2) Capital costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities;
(3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
(4) Any fee imposed under USC Title 17.
GRANTEE. Any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance or agreement, and its lawful successor, transferee or assignee.
GRANTOR or CITY. The City of Santa Fe Springs as represented by the Council or any delegate, acting within the scope of its jurisdiction.
GROSS ANNUAL CABLE SERVICE REVENUES. The annual gross revenues received by a grantee derived from the operation of the cable system to provide cable service within the city. Ancillary revenues from the provision of cable service, including, but not necessarily limited to, local advertising, home shopping channel commissions and leased access revenues shall be included in gross annual cable service revenues, but refundable deposits, uncollected bad debt, rebates or credits, and any sales, excise or other taxes or charges collected for direct pass-through to local, state or federal government shall not be included. For the purposes of this chapter, revenues from Internet access services shall be included in gross annual cable service revenues, unless and until prohibited by applicable law. Revenues collected as franchise fees from subscribers shall be included in gross annual cable service revenues.
GROSS ANNUAL TELECOMMUNICATIONS SERVICE REVENUES. The annual revenues received by a grantee from the operation of the cable system to provide telecommunications services, as defined in the Telecommunications Act of 1996 and which does not include cable service.
INSTALLATION. The connection of the system to subscribers' terminals, and the provision of service.
PERSON. An individual, partnership, association, joint stock company, trust, corporation or governmental entity.
PUBLIC, EDUCATIONAL OR GOVERN- MENTAL ACCESS FACILITIES or PEG ACCESS FACILITIES. The total of the following:
(1) Channel capacity designated for noncommercial public, educational, or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
SECTION. Any section, subsection or provision of this chapter.
SERVICE AREA or FRANCHISE AREA. The entire geographic area within the city as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise granting ordinance or agreement.
SERVICE TIER. A category of cable service or other services provided by a grantee and for which a separate rate is charged by the grantee.
STATE. The State of California.
STREET or PUBLIC RIGHTS-OF-WAY or PUBLIC WAY. The surface, air space above the surface, and the area below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive, bridge, tunnel, park, parkway, waterway, easement or right-of-way now or hereafter held by the city, or dedicated for use by the city, use by the general public, or use compatible with cable system operations.
SUBSCRIBER or CUSTOMER or CONSUMER. Any person who or which elects to subscribe to, for any purpose, a cable service provided by the grantee by means of or in connection with the cable system, and who pays the charges therefor.
TELECOMMUNICATIONS SERVICE. Any service defined as telecommunications service in the Federal Telecommunications Act of 1996, other than cable service, delivered over the facilities of the cable system.
VIDEO PROGRAMMING. Programming generally considered comparable to programming provided by a television broadcast station.
(Ord. 912, passed 6-8-00)