Access means the availability for non-commercial use by various agencies, institutions, organizations, groups and individuals in the community, including the city and its designees, of the cable system to acquire, create, receive, and/or distribute video, cable services and/or other services and signals as permitted under applicable law, including but not limited to public access, educational access and government access.

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

Cable operator means any person or group of persons (i) 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 (ii) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

Cable service means the total of the following:

Cable system, CATV, or 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 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 subscribers without using any public right-of-way; (c) 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 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; (d) an open video system that complies with Section 653 of Title VI of the Communications Act; or (e) any facilities of any electric utility used solely for operating its electric utility systems.

Educational access means access where schools are the primary users having editorial control over programming and services.

Franchise or franchise agreement means the contractual agreement, approved by ordinance, granting a nonexclusive and revocable authorization to operate a cable system in the City, utilizing city rights-of-way under this article and pursuant to this chapter, subject to all limitations and restrictions contained therein.

Franchise fee means any fee or assessment of any kind imposed by the City or any other franchising authority or governmental entity on a franchisee in consideration for the franchisee's use of the City's rights-of-way or upon a cable subscriber or both. The term "franchise fee" does not include:

Franchisee means and includes any person holding the cable television system franchise and his or her lawful successor, transferee or assignee.

Government access means access where governmental institutions or their designees are the primary users having editorial control over programming and services.

Gross revenue means all amounts received or accrued, in whatever form and from all sources, in connection with the operation of a cable system. "Gross revenues" shall include, without limitation, all amounts for all cable services, and all other revenues received or accrued from the operation of a cable system to provide cable services including advertising and installation. "Gross revenues" shall also include any revenue received by any affiliate where such revenue in the ordinary course of business should have been paid in connection with the operation of its cable system, regardless of whether initially recorded to another entity and however characterized.

Manufactured housing has the meaning set forth in section 90-1 of this Code.

Open video system (OVS) means facilities consisting of a set of transmissions 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 provided that the Federal Communications Commission has certified that such system complies with applicable federal law.

Public agency means any agency which is supported, wholly or substantially, by public funds.

Public educational or governmental access facilities or PEG access facilities means all Access channels together with all facilities and equipment for the use, development or programming of such channel capacity.

Sales or use tax means any sales or use tax or other tax on services furnished by the company imposed directly upon any subscriber or user by the state, city or other governmental unit and collected by the company on behalf of the government unit.

SMATV refers to any satellite master antenna television system which serves only subscribers in one or more multiple-unit dwellings under common control, ownership, or management which does not use the public right-of-way.

Subscriber means a person or organization whose premises are physically wired to transmit and receive any transmission from the system, and who enters into an agreement with a provider to receive cable services.

Subscriber service drop means such extension wiring from the franchisee's distribution lines to a subscriber's building.

Technical mile means that number of feet of constructed plant whose cost equals the franchisee's average cost of one mile of standard aerial construction.

Telecommunications committee means a city committee reporting to the city manager consisting of the city attorney or his or her designee, the television and cable services manager, two members of city council and the director of public works.

Telecommunications provider means all electronic or optical transmission of information between separate points by prearranged means through fiber optic or other transmission media and lines, and related and associated facilities and equipment, including conduit, which any person installs and operates in public rights-of-way located within the City or controlled by the City.

User means a person utilizing cable system channel as a producer, for purposes of production and transmission of material, or as a subscriber, for purposes of receipt of material. (Code 1979, § 13-2; Ord. No. 2005-12, § 47, 4-11-2005; Ord. No. 95-53, exhibit A (§ 13-2), 9-11-1995)