ACCESS shall mean the availability of the cable system(s) (as it relates to PEG access) for use by various agencies, institutions, organizations, groups, and individuals in the community, including the City and its designees, to acquire, create, and distribute programming not under a grantee’s editorial control, including, but not limited to:

ACCESS CHANNEL shall mean any channel or portion thereof, designated for access purposes or otherwise made available to facilitate or transmit access programming.

AFFILIATE when used in relation to any entity shall mean another person, firm, corporation, partnership, or other entity that owns or controls, is owned or controlled by, or is under common ownership or control with such entity.

APPLICANT shall mean any person who files a written application for a franchise under this Ordinance.

BASIC SERVICE shall mean any service tier regularly provided to all subscribers which includes the retransmission of local television broadcast signals or such other definition as may be adopted by Federal law. It shall include all PEG access channels.

CABLE ACT shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, and as further amended.

CABLE SERVICE or CABLE COMMUNICATION SERVICE shall mean (i) the one-way transmission to subscribers of video programming or other programming services; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

CABLE SYSTEM or CABLE COMMUNICATION SYSTEM shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple customers within the City, but such term does not include (i) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way, including streets or easements; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. 541(c)) if 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; (iv) an open video system that complies with 47 U.S.C. 573; or (v) any facilities of any electric utility used solely for operating its electric utility systems. Notwithstanding the above, the term cable system also includes any facility that is a community antenna television system under California law. A reference to a cable system refers to any part thereof, including, without limitation, converters.

CABLE TELEVISION COMMITTEE or TELECOMMUNICATIONS COMMITTEE shall mean a committee whose membership and powers shall be as designated in City.

CONSTRUCTION shall mean any new construction, reconstruction, rebuild, or upgrade of the system.

DESIGNATED ACCESS PROVIDER shall mean the entity or entities designated by the City under subsection 12-3.7a.

DOCUMENT or RECORD shall mean those materials normally generated, used and retained in the operation and management of a cable system, in whatever form stored, including but not limited to computerized records and programs, paper records, and video or audio-taped records.

DOWNSTREAM CHANNEL shall mean a channel capable of carrying a transmission from the headend to remote points on the cable system or to interconnection points on the cable system.

FIBER OPTIC shall mean the transmission medium of optical fiber, along with all associated electronics and equipment capable of carrying cable services by means of electric lightwave impulses.

FRANCHISE shall mean the non-exclusive authorization granted pursuant to this Cable Ordinance by the City to a grantee to construct, rebuild, maintain, and operate a cable system under, on, and over streets within all or specified areas of the City. The terms and conditions of this Cable Ordinance and any franchise agreement between a grantee and the City collectively constitute the franchise. The term “franchise” does not include any other license, permit, or agreement that may be required for the privilege of transacting and carrying on a business within the City or for disturbing the surface of any street.

FRANCHISE AGREEMENT shall mean a contract between the City and a grantee entered into in accordance with the terms of this Ordinance, and which, together with this Ordinance, constitute the franchise.

FRANCHISE AREA shall mean the geographic area for which a franchise is issued. The franchise area may be specified to authorize provision of service not only in areas within the existing City limits, but also in other areas as those areas are annexed in the future.

GRANTEE shall mean any person to whom a franchise is granted by the City Council.

GROSS REVENUES shall mean any and all cash, credits, property or other consideration of any kind or nature received directly or indirectly by a grantee, its affiliates, or by any other entity that is a cable operator of a system, arising from, attributable to, or in any way derived from the operation of a grantee’s cable system to provide cable services, including the studios and other facilities associated therewith. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; fees, payments, or other consideration received from programmers for carriage of programming on the cable system; revenues from rentals or sales of converters or other equipment; studio rental, production equipment, and personnel fees; advertising revenues including a per capita share of advertising revenues for advertising carried on more than one cable system; barter; revenues from sales of and/or program guides; revenues from the sale or carriage of non-cable services, including information services and bypass services; and revenues from home shopping and bank-at-home channels and such other revenue as may now exist or hereafter develop. Gross revenues shall be the basis for computing the franchise fee under any franchise and shall be interpreted in a manner which permits the City to collect the maximum franchise fee permitted by law, irrespective of the source of revenue. Gross revenues shall not include: (i) any taxes on services furnished by a grantee which are imposed directly on any subscriber or user by the State, City, or other governmental unit and which are collected by a grantee on behalf of said governmental unit (the franchise fee is not such a tax); (ii) any bad debt (defined as unpaid subscriber or advertiser accounts) and (iii) programming revenues of any affiliate of a grantee whose programming is carried on the cable system where such revenues are paid to said affiliate by the grantee and recovered by the grantee through charges to subscribers that are included in gross revenues. A franchise fee is not a tax. The amount paid as a franchise fee shall not be deducted from gross revenues.

HEADEND shall mean a grantee’s facility for signal reception and dissemination on the cable system, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for television broadcast signals, equipment for the interconnection of the cable system with adjacent cable systems and interconnection of any separate networks which are part of the cable system, and all other related equipment and facilities.

INSTITUTIONAL NETWORK shall mean a communications system, whether physically integrated with a cable system or not, that is constructed, operated or maintained by a grantee whose transmissions are principally available to persons other than cable television subscribers (i.e. government agencies, educational institutions, and hospitals).

INTERCONNECT or INTERCONNECTION shall mean the provision by a grantee of technical, engineering, physical, and all other necessary components to accomplish, complete, and adequately maintain a physical linking of a grantee’s cable system and cable services or any designated channel or signal pathway thereof, with any other designated cable system or programmer so that cable services of technically adequate quality may be sent to and received from such other systems.

ORDINANCE shall mean and refer to this Clearlake Cable Enabling Ordinance.

PERSON shall mean any individual, sole proprietorship, partnership, association, corporation, or other form of organization authorized to do business in the State of California, and includes any natural person.

PUBLIC PROPERTY shall mean any real property owned by the City or any other governmental unit that is not otherwise defined herein as a street.

RESIDENTIAL SERVICES shall mean cable services delivered to single or multiple dwelling units.

SCHOOL shall mean any accredited primary school, secondary school, college, and university.

SERVICE TIER shall mean a category of cable service provided by a grantee and for which a separate charge is made by the grantee.

STREET shall mean the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, right of way, easement, or other public way, now or hereafter existing within the City which may be properly used for the purpose of installing, maintaining, and operating a cable system.

SUBSCRIBER shall mean any person who is lawfully receiving, for any purpose or reason, any cable service or services provided by a grantee by means of or in connection with the cable system, whether or not a fee is paid for such service.

TRANSFER shall mean the sale, lease, assignment, mortgage, consolidation, merger, or any other disposition of a franchise, or any change in the ownership or control of a grantee or any person which owns, controls, or manages the grantee directly or through one or more intervening partnerships or corporations.

UPGRADE shall mean an improvement in channel capacity or other technical aspect of cable system capacity which may be accomplished without a rebuild of the cable system.

UPSTREAM CHANNEL shall mean a channel capable of carrying a transmission to the headend from remote points on the cable system or from interconnection points on the cable system. (Ord. #80-97, S2)