§ 90-532. Definitions.

As used in this article, the following terms, phrases, and words shall be ascribed the following meanings, unless the context indicate 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.

"Cable television commission" shall mean the Sacramento Metropolitan Cable Television Commission, a joint powers agency of the County of Sacramento, the City of Sacramento, the City of Folsom, and the City of Galt, established pursuant to Government Code § 6500 et seq. and pursuant to chapter 5.50 of the Sacramento County Code [article II of this chapter].

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, amplifying and distributing audio, video and other forms of electronic or electrical signals within the county and the cities, some part or portion of which occupies the streets as defined herein.

c.

"CCPA" shall mean the Cable Communications Policy Act of 1984 (47 USC 521 et seq.).

d.

"County and the cities" shall mean the County of Sacramento, the City of Sacramento, the City of Folsom, and the City of Galt.

e.

"Encroachment permit" shall mean a permit issued to a licensee by the County of Sacramento pursuant to Streets and Highways Code §§ 1450, 1460—1470 and chapter 12.00 of the Sacramento County Code or by one or more of the cities.

f.

"Gross revenues" shall mean all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a licensee, its affiliates, subsidiaries, parents, and any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee, arising from or attributable to operation of the cable television system, including, but not limited to: (1) revenue from all charges for services provided to subscribers of entertainment and nonentertainment services (including leased access fees); (2) revenue from all charges for the insertion of commercial advertisements upon the cable television system; (3) revenue from all charges for the leased use of studios (4) revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the cable television system and the provision of subscriber and other services and (5) 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 licensee or others described above in consideration for performance by a licensee or others described above of any advertising or other service in connection with the cable television system.

"Gross revenues" shall not include (1) any taxes on services furnished by the licensee which are imposed directly upon any subscriber or user by the United States, State of California or local agency and collected by the licensee on behalf of the government; (2) revenue received directly from the licensee by an affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee, when the revenue received has already been included in reported gross revenues as received by the licensee, (3) 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 and revenues derived from subscribers whose electromagnetic signal, from inception through delivery, does not pass through any equipment or device which is located within the streets.

g.

"Leased access" shall mean the use on a fee-for-service basis of the cable television system by business enterprises (whether profit, nonprofit or governmental) to render services to the citizens of the county and the cities and shall include without limitation all use pursuant to section 612 of the CCPA.

h.

"Licensee" shall mean a person or entity to whom a license to construct and operate a cable television system is issued pursuant to the provisions of this article.

i.

"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 and the cities is expressly or impliedly authorized or empowered to permit use for the installation and operation of a cable television system.

j.

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

k.

"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(5.75.012), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)