913.01 Definitions.
913.02 Nonexclusive franchise to install and operate CATV.
913.03 Authority granted by franchise.
913.04 Application for franchise.
913.05 Franchise procedure.
913.06 Use of facilities.
913.07 Standards.
913.08 Rates.
913.09 Violations.
913.10 Theft of signals prohibited.
913.99 Penalty.
CROSS REFERENCES
Franchises - see CHTR. Sec. 12 et seq.
Unless the particular provisions or the context requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
(a) "Available" means that trunk lines, amplifiers and related equipment are installed and capable of providing basic service to every block containing five or more separate occupancies, as defined in the Uniform Building Code, upon payment of the fees and charges specified in any franchise granted hereunder.
(b) "Basic service" means the simultaneous delivery by the grantee to the television, radio or other appropriate communications receiver of a subscriber, of all signals of over-the-air broadcasters required by the Federal Communications Commission or by this article to be carried by the CATV system of the grantee, together with such additional public, educational, governmental, leased or other access channels or signals as may be likewise required by law, but not including pay or subscription television as defined by the Federal Communications Commission.
(c) "Block" means all property fronting on both sides of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a cul-de-sac or City boundary.
(d) "CATV" or "cable television system" means a system employing antennas, microwave, wires, wave-guides, coaxial cables or other conductors, equipment or facilities, designed, constructed or used for the purpose of:
(1) Collecting and amplifying local or distant broadcast television or radio signals and distributing and transmitting same;
(2) Transmitting original cablecast programming not received through television broadcast signals;
(3) Transmitting television pictures, film and videotape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; provided, however, that any of the services, permitted hereunder to be performed, as described above, shall be those performed by the grantee for subscribers, as herein defined, in the operation of a cable television or CATV system franchised by the City and not otherwise, and provided further that "CATV" or "cable television" shall not include any such facility or system that serves only the residents of one or more apartment dwellings or commercial establishments under common ownership, control or management.
(e) "Director" means the Director of Public Works of the City or his designee.
(f) "Franchise" means any authorization granted hereunder in terms of franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television system within all or a special area in the City.
(g) "Franchise area" means the territory within the City throughout which the grantee shall be authorized hereunder to construct, maintain and operate its system and shall include any enlargements thereof and additions thereto.
(h) "Grantee" means any person, firm or corporation receiving the grant of any franchise hereunder and shall include any lawful successor to the interest of such person, firm or corporation.
(i) "Manager" means the City Manager or his designee.
(j) "Program" means any sign, signal, picture, image or sound of any kind, or any combination thereof.
(k) "Subscriber" or "user" means any person or entity receiving for any purpose any service of the grantee's cable television system including, but not limited to, the conventional cable television system service of retransmission of the television broadcast, radio signals, the grantee's original cablecasting and the local government, education and public access channels; and other services, such as leasing of channels, data and facsimile transmission, pay television and police, fire and similar public service communication.
(Ord. 8490. Passed 4-9-85.)
A nonexclusive franchise to install, construct, operate and maintain a cable television system on streets within all or a specific portion of the City may be granted by Council to any person, whether operating under an existing franchise or not, who offers to furnish and provide such system under and pursuant to the terms and provisions of this article. No provision of this article may be deemed or construed to require the granting of a franchise when, in the opinion of Council, it is in the public interest to restrict the number of grantees to one or more, and competitive franchises covering the same territory shall be restricted to those instances where the applicant for the second franchise can offer a unique or legally protected service which is not available and cannot be made available to the grantee of the existing franchise.
(Ord. 8490. Passed 4-9-85.)
(Ord. 8490. Passed 4-9-85.)
(a) Any franchise granted pursuant to the provisions of this article shall authorize and permit the grantee to do the following:
(1) Erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, across and along any public street such poles, wire, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other grantee of any franchise of this City.
(2) Maintain and operate facilities and properties for the collection, transmission, conduction, amplification, conversion and distribution of programs and other services by use of electricity, radiation or other energy source.
(3) Solicit, sell, distribute and make a charge to subscribers within the City for connection to the CATV system of the grantee.
(b) A franchise granted solely to traverse any portion of the City in order to provide service outside the City shall not authorize or permit the grantee to solicit, sell, distribute or make any charge to subscribers within the City, or render any service or connect any subscribers within the City to the CATV system of grantee.
(Ord. 8490. Passed 4-9-85.)
(Ord. 8490. Passed 4-9-85.)
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