§ 90-32. Definitions.

As used in this article, the following terms, phrases, and words shall be ascribed the following meanings, unless the context indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. Words not defined herein shall be given their common and ordinary meanings, consistent with the context in which such words are used and the purposes of this article.

a.

"Basic service" shall mean:

(i)

A single tier of service provided in connection with each residential hookup for a uniform monthly charge, if any, which includes the following:

(1)

Reception of all local television broadcasting stations as prescribed by applicable FCC regulations (47 CFR 76.51—76.67, inclusive) as said regulations exist on March 1, 1981;

(2)

Any additional stations which may be required by FCC regulations enacted subsequent to March 1, 1981;

(3)

With respect to the initial CATV franchise, one of the channels made available to K.V.I.E. (in addition to the preexisting channel operated by K.V.I.E. otherwise required to be carried), as "K.V.I.E." is defined by the request for proposals, if the franchisee has proposed commitment of one or more channels to K.V.I.E. in its application for the franchise;

(4)

With respect to the initial CATV franchise, one of the channels made available to the educational consortium, as the "educational consortium" is defined by the request for proposals, if the franchisee has proposed commitment of one or more channels to the educational consortium in its application for the franchise;

(5)

With respect to the initial CATV franchise, one access channel, if an access channel is made available by a franchisee pursuant to the provisions of section 90-197 in subdivision I of division 4 of this article; and

(6)

Any other or additional cable television services proposed by a franchisee in its application to be included within basic service; and

(ii)

If proposed in the application submitted by a franchisee and prescribed by the resolution offering the franchise, one or more tiers of service which consist of less television reception services than prescribed by "(i)," above, provided in connection with each residential hookup for a uniform monthly charge, if any.

b.

"Cable television system" shall mean a system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities, designed and constructed for the purpose of producing, receiving, transmitting, and distributing, audio, video and other forms of electronic or electrical signals within the Sacramento Community, including both subscriber networks and institutional networks.

A "cable television system" shall not include any facility which serves or will serve exclusively only subscribers in one or more multiple-unit dwellings under common ownership, control or management, one or more condominiums, a mobile home park, or a residential subdivision with private roads, which is not installed in and does not use streets and other public and utility rights-of-way.

c.

"Cable television commission" or "commission" shall mean the Sacramento Metropolitan Cable Television Commission created pursuant to the provisions of division 2, or any successor in interest thereof established by the county and cities.

d.

"Cities" shall mean the City of Sacramento, the City of Folsom, and the City of Galt, each of which enacted the provisions of this article in identical form and did not adopt a resolution disapproving selection of the franchisee under the initial CATV franchise pursuant to section 90-127, in division 3, and any city in Sacramento County incorporated after the date that the initial franchise was issued, which enacts this article in identical form, as this article exists on the date of enactment, and executes the agreement contained in section 90-93.

e.

"Community use," "community use programming," and "community use channels" shall mean use, programming or channels for purposes of noncommercial cablecasts presented by or in behalf of a franchisee, the county or cities, individuals and local community nonprofit organizations, which consist of topics of special interest to the Sacramento Community or elements thereof, including matters of a political, governmental, sociological, religious, educational, cultural, artistic, health oriented, ethnic, economic, recreational, charitable and philanthropic nature; a significant part of such programming having been locally produced. "Noncommercial" means: (i) the content of such programming shall not be for the purpose of either directly or indirectly selling any product or service for private gain; and (ii) that the programming shall not be associated with or interrupted during presentation by commercial advertising or announcements presented for the purpose of selling products or services for private gain.

f.

"Converter" shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated converter dial locations.

g.

"County" shall mean the County of Sacramento.

h.

[Reserved.]

i.

"FCC" shall mean the Federal Communications Commission and any legally appointed, designated or elected agent or successor thereof.

j.

"Franchise documents" shall, with respect to a franchise for a cable television system issued pursuant to the provisions of this article, mean the provisions of this article, the map defining any imposed service area for the franchise as adopted by resolution, the provisions of any request for proposals issued pursuant to the provisions of this article in connection with that franchise, the provisions of the application for the franchise submitted by the franchisee, the provisions of the resolution offering the franchise, and the provisions of the certificate of acceptance by the franchisee of the franchise. Any amended and restated resolution regarding a franchise issued to any franchisee, adopted subsequent to the issuance of such franchise, shall be considered one of the franchise documents in lieu of the resolution offering the franchise to that franchisee.

k.

"Franchisee" shall mean the party to whom a franchise to operate a cable television system is issued pursuant to the provisions of this article.

l.

"Governing body" shall mean the board of supervisors with respect to the county, and each city council with respect to the cities.

m.

"Gross revenues" shall mean all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a franchisee, its affiliates, subsidiaries, parent, and any other person or entity in which the franchisee has a financial interest or which has a financial interest in the franchisee, arising from or attributable to operation of the cable television system, including, but not limited to: (i) revenue from all charges for those services provided on the subscriber network and institutional network (including leased access fees); (ii) revenue from all charges for the insertion of commercial advertisements upon the system; (iii) revenue from all charges for the leased use of studios; (iv) revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the system and the provision of subscriber and other services; and (v) the sale, exchange or use or cablecast of any programming developed for community use or institutional users. "Gross revenues" shall include, valued at retail price levels, the value of any goods, services or other remuneration in nonmonetary form received by the franchisee or others described above in consideration for performance by the franchisee or others described above of any advertising or other service in connection with the cable television system.

"Gross revenues" shall not include: (i) any taxes on services furnished by the franchisee which are imposed directly upon any subscriber or user by the United States, State of California or local agency and collected by the franchisee on behalf of the government; (ii) revenue, received directly from the franchisee by an affiliate, subsidiary or parent of the franchisee or any other person or entity in which the franchisee has a financial interest or which has a financial interest in the franchisee, when the revenue received has already been included in reported gross revenue as received by the franchisee; and (iii) revenue received by such an affiliate, subsidiary, parent, person or entity when the revenue received is from the sale of national advertising shown on programs distributed on a national basis by the affiliate, subsidiary, parent, person or entity and, but for this exception, that portion of the revenue attributable to broadcasts through the cable television system would be treated as gross revenues.

n.

"Initial CATV franchise" shall mean the first franchise for a cable television system issued pursuant to the provisions of this article.

o.

"Institutional network" shall mean a cable communications network used exclusively for the provision of services to businesses, schools, public agencies or other nonprofit agencies in connection with the on-going operations of such enterprises.

p.

"Interactive services" shall mean services provided to subscribers or users where the subscriber either: (i) both receives information consisting of either television or other signals and transmits signals generated by the subscriber or user or equipment under his control for the purpose of selecting what information shall be transmitted to the subscriber or user for any other purpose; or (ii) transmits signals to any other location for any purpose.

q.

[Reserved.]

r.

"Leased access" shall mean use on a fee-for-service basis of the subscriber network or institutional network by business enterprises (whether profit, nonprofit or governmental) to render services within the Sacramento Community.

s.

"Monitoring" shall mean observing a communications signal, or the absence of a signal, where the observer is not the subscriber, whether the signal is observed by visual or electronic means, for any purpose whatsoever; provided that "monitoring" shall not include systemwide, non-individually addressed sweeps of the cable television system for purposes of verifying system integrity, controlling return path transmissions, or billing for pay services.

t.

"Sacramento Community" shall mean the entire geographical territory within the unincorporated area of the county, and the corporate limits of the cities.

u.

"Streets" shall mean the surface of and the space above and below any street, road, highway, freeway, utility right-of-way or any other easement which now or hereafter exists for the provision of public or quasipublic services to residential or other properties, and in which the county or cities are expressly or impliedly authorized or empowered to permit use for installation and operation of a cable television system.

v.

"Subscriber" shall mean a lawful recipient of service from a cable television system.

w.

"Subscriber network" shall mean a cable communications network which carries television entertainment channels and community use channels (including basic service) and may carry channels providing commercial or other nonentertainment services and leased access channels.

x.

"Tier of service" shall mean a grouping of program services on the subscriber network which is marketed by a franchisee to subscribers for a single monthly or other charge. "Basic service" as defined by "(i)" under subparagraph "a" of this section shall constitute a single tier of service. "Basic service" as authorized under "(ii)" of subparagraph "a" of this section shall constitute a separate and distinct tier of service.

w.

"User" shall mean a party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.

(Ord. No. 97-12, § 2(5.50.012), 2-13-1997; Ord. No. 97-21, §§ 2, 3, 12-10-1997)

Cross reference

Definitions generally, § 1-2.