§ 5.36.105. Definitions.

All of the following definitions shall be construed liberally for the purpose of maximizing the scope of this Chapter.

"Basic service" means any service tier which includes the retransmission of local television broadcast signals.

"Cable operator" means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

"Cable programming service" means any video programming provided over a cable system regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than: (1) Video programming carried on the Basic Service tier; (2) Video programming offered on a pay-per-channel or pay-per-program basis; or (3) A combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis, so long as the combined service consists of commonly-identified video programming and is not bundled with any regulated tier of service.

"Cable service" means (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

"Cable system" means a facility within the City, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is considered a cable system under federal law; or (D) any facilities of any electric utility used solely for operating its electric utility system.

"Gross revenues" means the revenue derived by a Cable Operator from the operation of the cable system to provide cable service. Gross revenues includes, but is not limited to, revenue from (1) subscriber payments for service, equipment, late fees, franchise fees and other charges; (2) advertising carried on the cable system or in subscriber bills; and (3) programmers or others relating to transmissions carried on the cable system, including but not limited to payments to carry programming and home shopping revenues. Gross revenues includes, but is not limited to, all gross revenue whether or not actually received. Gross revenues shall include all gross revenue which is not actually received, such as the value of free service provided to Cable Operator's employees and the value of services bartered or exchanged for non-monetary consideration. Gross revenues includes, but is not limited to, revenues derived from the operation of the cable system received or attributed to the franchisee, any direct or indirect affiliate of the franchisee or any partner, joint venture or other entity related in any similar way to franchisee. Gross revenues includes revenues derived from the provision of internet access, cable modems and similar services, unless specifically excluded by federal law. Nothing shall be excluded from gross revenues for any reason, including but not limited to the fact that the Cable Operator may itemize particular items on subscriber bills such as franchise fees. This definition shall be deemed to include all gross receipts and revenues to the full extent permitted by federal law.

"Gross non-cable revenues" means the revenue derived from the operation of telecommunications facilities other than revenue defined in this section as gross revenue. Gross non-cable revenues includes, but is not limited to, revenue from (1) subscriber payments for service, equipment, late fees, franchise fees and other charges; (2) advertising carried on the telecommunications facilities or in subscriber bills; and (3) programmers or others relating to transmissions carried on the telecommunications facilities, including but not limited to payments to carry programming and home shopping revenues. Gross non-cable revenues includes, but is not limited to, all gross revenue whether or not actually received. Gross non-cable revenues shall include all gross revenue which is not actually received, such as the value of free service provided to Telecommunications Operator's employees and the value of services bartered or exchanged for nonmonetary consideration. Gross non-cable revenues includes, but is not limited to, revenues derived from the operation of the telecommunications facilities received or attributed to the franchisee, any direct or indirect affiliate of the franchisee or any partner, joint venturer or other entity related in any similar way to franchisee. Gross non-cable revenues includes revenues derived from the provision of internet access, cable modems and similar services, unless a Cable Operator has paid a cable television franchise fee based on the identical revenues. This definition shall be deemed to include all gross receipts or revenues to the full extent permitted by federal law.

"Other telecommunications operator" means any person or group of persons other than a cable operator, an open video system operator, a wireless telecommunications operator or a telephone company (A) who provides telecommunications services over telecommunications facilities and directly or through one or more affiliates owns a significant interest in such telecommunications facilities, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such telecommunications facilities.

"Open video system" means a system within the City for the provision of video programming operated in compliance with Federal Communications Commission regulations.

"Open video system operator" means any person or group of persons who have been certified by the Federal Communications Commission as an Open Video System Operator for an Open Video System located within the City and (A) who provides video programming over the Open Video System and directly or through one or more affiliates owns a significant interest in such Open Video System, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such an Open Video System.

"Telecommunications operator" means any person or group of persons (A) who provides telecommunications services over telecommunications facilities and directly or through one or more affiliates owns a significant interest in such telecommunications facilities, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such telecommunications facilities.

"Telecommunications services" means the transmission of voice, video, data or other information between two or more points along wires, optical fibers or other transmission media, or using radio waves or other wireless media, including but not limited to cable television services, telephone services, cellular telephone services, personal communications services, internet services, open video system services and other similar services.

"Telecommunications facilities" means facilities within the City used or related to the provision of telecommunications services including, but not limited to, wires, optical fiber, antenna, cabinets, pedestals and equipment.

"Telephone company" means any telephone or telegraph corporation as defined by Sections 234—236 of the Public Utilities Code (or any successor sections) which has obtained a certificate of public convenience and necessity from the California Public Utilities Commission.

"Wireless telecommunications operator" means any person or group of persons who provides wireless telecommunications services including, but not limited to, cellular telephone, personal communications system, spread spectrum or other wireless services, and (A) who provides telecommunications services over telecommunications facilities and directly or through one or more affiliates owns a significant interest in such telecommunications facilities, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such telecommunications facilities.

(Ord. No. 820, § 1, 3-19-02)