§ 4.40.020. Definitions

For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and the word "may" is permissible.

A.

Cable television 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 which is provided to multiple subscribers, but does not include those facilities excluded from section 602(6) of the Cable Act. The following terms shall have the same meanings as defined in section 602 of the Cable Act: basic cable service, cable channel, cable service.

B.

City means the City of Isleton.

C.

City clerk means the Isleton City Clerk.

D.

City council means the Isleton City Council.

E.

Franchise means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television system within the city. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city or to perform work within streets as required by other ordinances and laws of the city.

F.

Gross annual revenues means all cash, goods, services, credits, property of any kind or nature, or other consideration received directly by an operator arising from or attributable to the sale or exchange of cable television services by operator with the city or in any way derived from the operation of its system within the city, including, but not limited to, basic service, monthly fees, optional services or pay cable fees, installation and reconnection fees, local advertising revenues, leased channel fees, and converter rentals or sale. Gross annual revenues will also include any of the aforementioned revenues received directly by an affiliate, subsidiary, parent or other entity in which operator has a financial interest, provided that the gross annual revenues of such entities, including operator, will not include revenue which has already been accounted for in calculating gross annual revenues. Gross annual revenues shall not include any taxes on services furnished by operator imposed upon any subscriber or user of the state, city or other governmental unit and collected by operator on behalf of said governmental unit, converted deposits or refunds to subscribers by the operator.

G.

Operator means any person who provides cable service over a cable television system pursuant to franchise issued by the city council and directly or indirectly owns a significant interest in such system or who otherwise controls or is responsible for the management and operation of such cable system.

H.

Person shall mean any natural person, firm, corporation, association, syndicate, joint stock corporation, partnership, company, governmental entity or other organization of any kind.

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 quasi-public services to residential or other properties, and in which the city is expressly or impliedly authorized or empowered to permit use for installation and operation of a cable television system.

J.

Subscriber or user shall mean any person or entity receiving, lawfully and for consideration, any service of the operator's cable television system.

(Ord. No. 286)