§ 14.12.030. Defined terms and phrases.

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular number include the plural number. Words not defined are to be given their common and ordinary meaning.

"Cable service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming services regardless of the content of such programming or the technology or method used to transmit or deliver such programming.

"Cable system," "cable communications system" or "cable television system" means 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 that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" 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 subscribers without using any public right-of-way;

3.

A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the 1984 Cable Act) 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;

4.

An open video system that complies with Section 653 of Title VI of the Telecommunications Act of 1996; or

5.

Any facilities of an electric utility that are used solely for operating its electric utility system.

"Cable system operator" means any person or group of persons:

1.

Who provide cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in that cable system; or

2.

Who otherwise control or is responsible for, through any arrangement, the management and operation of that cable system.

"_____ CFR Section _____" means the Code of Federal Regulations. As an example, the citation of "47 CFR Section 80.1" refers to Title 47, Part 80, Section 1, of the Code of Federal Regulations.

"City" means the city of El Cerrito as represented by its city council or by any officer or employee acting within the scope of his or her delegated authority.

"City manager" means the appointed city manager of the city, or that person's designated representative.

"Communications Act" means the Communications Act of 1934 (48 Stat. 1064, enacted June 19, 1934), as amended by the Cable Communications Policy Act of 1984 (Public Law No. 98-549, enacted October 30, 1984), the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385, enacted October 5, 1992), and the Telecommunications Act of 1996 (Public Law No. 104-104, enacted February 8, 1996). The Communications Act is codified at 47 U.S.C. Section 151-613.

"Council" or "city council" means the duly constituted governing body of the city.

"FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized by federal law to regulate cable, video and telecommunications services and cable, video and telecommunications service providers.

"Franchise" means an initial authorization, or the renewal of an initial authorization, issued by or transferred to the city, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system.

"Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by a local franchising authority on a grantee as compensation in the nature of rent 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);

2.

Capital costs that are required by the franchise to be incurred by the grantee for public, educational, or governmental access facilities;

3.

Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

4.

Any fee imposed under Title 17 of the United States Code.

"Franchise service area" or "service area" means the entire geographic area of the city as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.

"Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee.

"Gross annual cable service revenues" mean the annual gross revenues derived from the grantee's operations of its cable television system to provide cable services within the franchise service area, excluding uncollected bad debt, refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or charges that are required to be collected for direct pass-through to the local, state or federal government. Revenues identified and collected from subscribers as franchise fees may not be excluded from a grantee's gross annual cable service revenues.

"Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.

"Open video system" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and is provided to multiple subscribers within the franchise service area, provided that the FCC has certified that such system complies with 47 CFR Section 1500 et seq., entitled "Open Video Systems."

"Open video system operator" means any person or group of persons who provide cable service over an open video system and directly, or through one or more affiliates, owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.

"Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.

"Public, educational or government access facilities" or "PEG access facilities" mean the total of the following:

1.

Channel capacity designated for noncommercial public, educational, or government use; and

2.

Facilities and equipment for the use of that channel capacity.

"Subscriber," "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.

"Street" or "public way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the franchise service area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that is from time to time authorized to be included within the definition of a street.

"Telecommunications" mean the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

"Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment.

"Telecommunications service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.

"Telecommunications service provider" means any provider of telecommunications service.

"_____ U.S.C. Section _____" means the United States Code. As an example, the citation of "47 U.S.C. Section 53" refers to Title 47, Section 153, of the United States Code.

"Video programming provider" means any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on an open video system.

"Video provider" or "video service provider" means any person, company, or service that provides video programming to a residence, including, without limitation, a home, multi-family dwelling complex, congregate living complex, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A "video provider" or "video service provider" includes, without limitation, providers of video programming service, cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, without regard to the delivery technology (including but not limited to Internet Protocol or any other technology).

(Ord. 2008-1 § 1, 2008; Ord. 2005-6 § 1 (part), 2006.)