§ 10-3. General definitions.

Words not defined in this chapter shall have the meanings given them by the Cable Act and by the F.C.C. 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. For purposes of this chapter, the following words and phrases, and their derivations, shall have the following meanings:

Affiliate: A corporation or entity which is effectively controlled by another corporation or entity, which effectively controls another corporation or entity or which is under common ownership or control with another corporation or entity.

Basic cable service: Any service tier which includes the retransmission of local television broadcast signals.

Cable Act: The Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996 and future amendments thereto.

Cable service:

(a)

The one-way transmission to subscribers of: (1) video programming; or (2) other programming service; and

(b)

Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

Cable system or cable television system: A facility consisting or 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 the city, but such term does not include: (A) a facility that serves only to retransmit the television signals of one (1) 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 47 United States Code section 573; or (E) any facility of an electric utility used solely for operating its electric utility systems.

City: The City of Glendale a municipal corporation of the State of Arizona, and all of the territory within its present and future corporate boundaries.

City council: The council of the City of Glendale.

City manager: The city manager of the City of Glendale or his or her designee.

Consumer price index: The latest available consumer price index for the Western Region (All Cities and All Urban Consumers), as prepared by the U. S. Department of Labor, Bureau of Labor Statistics or, if such index is discontinued, a comparable consumer price index selected by the city.

Customer or subscriber: Any person or entity that subscribes to a cable service provided by a licensee or anyone requesting a cable service provided by a licensee.

Educational channel or educational access channel: Any channel on a cable system designated for educational access use.

F.C.C.: The Federal Communications Commission, or a designated representative.

Government channel or government access channel: Any channel on a cable system designated for governmental access use.

Initial license: A license sought by or granted to a person or entity which does not hold a license. An initial license which is transferred shall remain an initial license, provided that the transfer shall be governed solely by section 10-26 and not by article II of this chapter.

Initial service area:

(1)

For an initial license, all areas of the city which are specified in the license to receive cable service within a specific time frame, subject to a line-extension policy; and

(2)

For a renewal license, all areas of the city which are already receiving cable service under the existing license and all other areas of the city specified in the renewal license to receive cable service, subject to a line-extension policy.

Leased channel or leased access channel: Any channel available for lease and programming by persons or entities unaffiliated with a licensee under section 612 of the Cable Act.

License or license agreement: The non-exclusive authorization granted by the city to construct and operate a cable system and to occupy or use the streets and public ways within the city. A license shall be evidenced by a granting ordinance or resolution and by a separate written agreement signed by the city manager.

License fees: The fees a licensee pays the city under section 10-32.

Licensee: A person or entity to which a license is granted for the construction and operation of a cable system.

Normal business hours: Those hours during which most similar businesses in the city are open to serve customers and in all cases must include some evening hours at least one night per week or some weekend hours.

Normal operating conditions: Those service conditions which are within the control of a licensee. Those conditions which are not within the control of a licensee include but are not limited to natural disasters, civil disturbances, utility company power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of a licensee include but are not limited to special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.

Other programming service: Information that a licensee makes available to all subscribers generally.

P.E.G., P.E.G. channels or P.E.G. requirements: Public, educational and government access channels or requirements.

Public access channel: Any channel on a cable system designated for public access use.

Renewal license: A license granted to a licensee already providing cable service in the city. A renewal license which is transferred shall remain a renewal license.

Resident: Any person residing in the city or otherwise defined by applicable law.

Service interruption: The loss of picture or sound on one (1) or more cable channels or the significant deterioration of signal or sound.

Streets and/or public ways: The surface of and the space above and below any public street, sidewalk, right-of-way, alley, right-of-way easement or other public way of any type whatsoever, now or hereafter existing as such within the city.

Two-way communication: The transmission of telecommunication signals from subscriber locations or other points throughout a cable system back to the cable system's control center and the transmission of telecommunication signals from the control center to subscriber locations. A license may authorize switching at a level other than the control center.

V.D.S.L.: Very high speed digital subscriber lines.

Video programming: Programming provided by or generally considered comparable to programming provided by a television broadcast station.

(Ord. No. 2053, § 1, 12-8-98)