Municipal Code, Complete - City of Santa Barbara

CHAPTER 5.62
CABLE TELEVISION COMMUNICATIONS FRANCHISES
Sections:
5.62.010 Definitions.
5.62.020 Cable and Related Service
Franchises.
5.62.030 Rights Reserved to the Grantor.
5.62.040 Rights of Subscribers.
5.62.050 Finance.
5.62.060 Services.
5.62.070 Design and Construction.
5.62.080 Operations and Maintenance.
5.62.010 Definitions.
5.62.090 Violations.
5.62.100 Termination and Forfeiture.
5.62.110 Franchise Applications.
5.62.120 Records, Reports; Right to Inspect
and Audit.
5.62.130 Enforcement Mechanisms.
5.62.140 Areawide Interconnection of CATV
Systems.
5.62.150 Miscellaneous Provisions.
A. DEFINED TERMS. The various terms and phrases used in this Chapter are defined as follows:
(For the purposes of this Chapter, the following words, terms, phrases, and their derivations have the meanings
given herein. When not inconsistent with the context, words used in the present tense include the future tense, and
words in the singular number include the plural number.)
1. Administrative Officer. The City Administrator or the City Administrator's designee.
2. Agency Subscriber. A subscriber who receives a Service in a government or public agency, school, or
non-profit corporation facility.
3. Affiliated Person (or Affiliates). Each Person who falls into one or more of the following categories:
a. each Person having, directly or indirectly, a Controlling Interest in Grantee;
b. each Person in which Grantee has, directly or indirectly, a Controlling Interest;
c. each officer, director, general partner, limited partner holding an interest of five percent (5%) or
more, joint venturer, or joint venture partner in Grantee's Cable System in the City; and
d. each Person, directly or indirectly, controlling, controlled by, or under common Control with
Grantee; provided that Affiliated Person excludes the Grantor, any limited partner holding an interest of less than five
percent (5%) in the Grantee, or any creditor of Grantee, solely by virtue of its status as a creditor, and which is not
otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or being under
common ownership, common management, or common Control with Grantee.
4. Basic Service, Basic Cable Service or Basic Service Tier. The lowest Service Tier which includes the
retransmission of local television Broadcast Signals and Public, Government, and Education Access Channels.
5. Broadcast Signal. A signal transmitted over the air to a geographically dispersed public audience and
received by a Cable System.
6. 1984 Cable Act. The Cable Communications Policy Act of 1984.
7. 1992 Cable Act. The Cable Television Consumer Protection and Competition Act of 1992.
8. Cable Act. The 1984 Cable Act as amended by the 1992 Cable Act and by the Telecommunications Act
of 1996.
9. Cable Operator. Any person or group of persons who either: a. provides cable service over a cable
system and directly or through one or more affiliates owns a controlling interest in such cable system, or b. otherwise
controls or is responsible for, through any arrangement, the management and operation of such a cable system.
10. Cable Service. The one-way transmission to Subscribers of: a. video programming, or b. other
programming service; or, c. subscriber interaction in conjunction with the one-way transmission of video
programming or other programming services which is required for the selection of or use of such video programming
or other services.
11. Cable System or Cable Communications System or System. 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 the following: a. a facility that serves only to retransmit the television signals of one
(1) or more television broadcast stations; b. a facility that serves only subscribers in one (1) or more multiple unit
dwellings under common ownership, control, or management, unless such facility or facilities uses any public rightof-way;
c. a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Cable
Act, except that such facility shall be considered a cable system [other than for purposes of section 621(c)] to the
extent such facility is used in the transmission of video programming directly to subscribers; or d. any facilities of any
electric utility used solely for operating its electric utility system.
149 rev. 4/30/97