For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. 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.
1. “Additional subscriber service” means any service not included in “basic CATV service,” in “basic subscriber radio service” or in “institutional service,” including, but not limited to, pay-cable.
2. “Agency subscriber” means a purchaser of cable television service who receives service in a government or public agency, school or nonprofit corporation.
3. “Broadcast signal” means a television or radio signal that is transmitted over-the-air to an audience in a wide geographic area and is received by a cable television system, off-the-air, by microwave link, by satellite receiver, or by other means.
4. “Cable television system,” “CATV,” “CTV” and “broadband two-way communications system” are terms describing a system employing antenna, microwave, wires, waveguides, coaxial cables, or other conductors, equipment or facilities designed, constructed or used for the purpose of:
a. Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;
b. Transmitting original cablecast programming not received through television broadcast signals;
c. Transmitting television pictures, film and videotape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers;
d. Transmitting or receiving two-way signals or transmissions;
e. Transmitting or receiving all other signals: digital, voice and audio-visual; provided, however, that any of the services permitted to be performed under this chapter, as described above, shall be those performed by the grantee for subscribers, as defined in this section, in the operation of cable television or a cable television system franchised by the city, and not otherwise.
5. “Cable usage corporation” means the nonprofit corporation which is intended to receive and allocate funds and other considerations by the grantee to: (i) promote the arts, (ii) assist community program development for community non-commercial cable television or other medium, (iii) provide facilities and equipment to citizens for the production of non-commercial educational or cultural television programs, (iv) promote charitable purposes, and (v) promote public purposes.
6. “Cablecast signal” means a nonbroadcast signal that originates within the facilities of the cable television system.
7. “Channel” means a six-megahertz frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals, or some combination of such signals.
8. “City” means the city of Lawndale, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
9. “City manager” means the chief executive officer, or any designee thereof.
10. “Commercial subscriber” means a purchaser of cable television service who receives service in a place of business, where the service may be utilized in connection with a business, trade or profession.
11. “Converter” means an electronic device which converts signal carriers from one form to another.
12. “Council” means the governing body of the city or any future board constituting the legislative body of the city.
13. “Educational channel” or “educational access channel” means any channel where an educational institution is the only designated programmer.
14. “Franchise” means and includes any authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television system within all or a specified area in 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 as required by other ordinances and laws of the city.
15. “Government channel” or “government access channel” means any channel where a local government agency is the only designated programmer.
16. “Grantee” means the person, firm or corporation granted a franchise by the council under this chapter, and the lawful successor, transferee or assignee of such person, firm or corporation.
17. “Gross revenues” means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from:
a. Subscribers or users in payment for television or FM radio signals, reception or service received within the city, including installation and line extension charges;
b. Any fees or income received by the grantee for carrying advertising or commercial messages over the cable television facilities;
c. Any other person or utilization of or connection to the property of the grantee to the extent the city may from time to time legally impose a franchise payment on account thereof.
Notwithstanding the above, gross revenue shall not include any taxes on services furnished by the grantee and imposed directly on any subscriber or user by any city, state or other governmental unit.
18. “Institutional service” means such video, audio, data and other services provided to institutional users on an individual application, private channel basis. These may include, but shall not be limited to, two-way video, audio or digital signals among institutions, or from institutions to residential subscribers.
19. “Leased channel” or “leased access channel” means any channel available for lease and programming by persons or entities other than the grantee, including those portions of the other access channels not in use by their designated programmers.
20. “Local origination channel” means any channel where the grantee is the only designated programmer and provides video programs to subscribers.
21. “Monitoring” means observing a one-way communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever.
22. “Nonbroadcast signal” means a signal that is transmitted by a cable television system and that is not involved in an over-the-air broadcast transmission path.
23. “Pay-cable” or “pay-television” means the delivery to subscribers, over the cable television system, of television signals for a fee or charge to subscribers, over and above the charge for basic CATV service, on a per-program, per-channel or other subscription basis.
24. “Person” means any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.
25. “Private channel” or “closed-circuit channel” means any channel which is available only to subscribers who are provided with special converter or terminal equipment to send or receive signals on that channel.
26. “Programmer” means any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded tapes or other storage media, to subscribers, by means of the cable television system.
27. “Property of grantee” means all property owned, installed or used within the city by a grantee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.
28. “Public access channel,” “community access channel” or “community channel” means any channel where any member of the public or any noncommercial organization may be a programmer, without charge, on a first-come, first-serve, nondiscriminatory basis.
29. “Resident” means any person residing in the city, as otherwise defined by applicable law.
30. “Residential subscriber” means a purchaser of cable television service who receives services in a dwelling unit, where the service is not to be utilized in connection with a business, trade or profession.
31. “School” means any public educational institution, including primary and secondary schools, colleges and universities, and all similarly situated private and parochial educational institutions which have received the appropriate accreditation from the state and, where required, from other authorized accrediting agencies.
32. “Street” means the surface, the air space above the surface and the area below the surface of any public place, including public utility easements.
33. “Tapping” means observing a two-way communication signal exchange, where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, for any purpose whatsoever. (Ord. 933-03 § 1; Prior code § 7-1)