Sec. 12-1. - Authority and intent.
Sec. 12-1. - Authority and intent.
The board finds that the development of cable television and communications systems has the potential of having great benefit and positive impact upon the people of the county. Because of the complex and rapidly changing technology associated with cable television, the board further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the county or such persons as the county shall designate.
(Ord. No. 543, § 2, 8-22-95)
For the purpose of this chapter, capitalized terms, phrases, words and their derivations shall have the meaning given in this section or in other provisions of this chapter. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined in this section or elsewhere in this chapter shall be given their common and ordinary meaning.
Act shall mean the Communications Act of 1934 (47 USC section 151 et seq.), as amended by the Cable Communications Policy Act of 1934 (Public Law No. 98-549, 93 Stat. 2779 (1984)), the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385, 106 Stat. 1460 (1992)) and all other amendments and successors thereto.
Basic cable service shall mean the lowest priced level of service which includes the re-transmission of local television broadcast signals (as authorized) and educational and governmental access programming channels, and any additional video programming signals or service added to such level of service by a grantee.
Cable service shall mean the transmission to subscribers of video programming or other programming services and subscriber interaction, if any, which is required for the selection of such video programming or other programming services.
Cable system or system shall mean a system of antennas, cables, wires, lines, fiber optic cables, towers, waveguides or other conductors, converters, pedestals, equipment or facilities, used for distributing video programming to home subscribers, and/or producing, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of signals.
Channel or cable channel shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering either one National Television Standards Committee ("NTSC") video signal, a number of audio, digital or other non-video signals, or some combination of such signals.
Clerk shall mean the Clerk of the Board of Supervisors of the County of Kings.
County shall mean the County of Kings.
Board shall mean the Board of Supervisors of the County of Kings.
Dwelling unit shall mean any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family, or a congregate residence for ten or less persons.
Educational and governmental access programming ("EG") shall mean programming created, produced, or acquired by representatives of the educational community acting in their official capacity, or programming created, produced, or acquired by representatives of the county acting in their governmental capacity.
FCC Regulations shall mean the regulations promulgated by the Federal Communications Commission ("FCC") from time to time pursuant to the Act, codified in Title 47 of the Code of Federal Regulations, and all amendments and successors thereto.
Franchise shall mean an initial authorization, or renewal thereof, issued hereunder which authorizes the construction or operation of a cable system.
Grantee shall mean any person receiving a franchise pursuant to this chapter and under the granting franchise agreement, and its successors, transferees or assignees.
Grantor shall mean the county, as represented by the board or any delegate acting within the scope of its jurisdiction and authority.
Gross revenues shall mean all cash, credits, property of any kind or nature, compensation, or other consideration received directly or indirectly by the grantee, its affiliates, subsidiaries, parent and any person in which the grantee has a financial interest, or from any source whatsoever, arising from or attributable to the sale or exchange of cable services by the grantee. Gross revenues shall include but not be limited to basic service monthly fees, pay tiers, premium channels, pay-per-view fees, leased channel fees, converter rental or sales, advertising revenue, any other payments by subscribers or users of the grantee's cable system directly or indirectly made to or received by any person who has contracted to provide cable service on the cable system, and such other revenues as agreed to in the franchise agreement. The gross revenues shall not include: (i) the amount of any refunds, credits, or other payments made to subscribers or users; (ii) any taxes on cable service furnished by the grantee imposed directly or indirectly on any subscribers or users by any municipal corporation, political subdivision, state or other governmental unit and collected by the grantee for the governmental unit; (iii) the sale or transfer of tangible property; (iv) the sale or transfer of the franchise; (v) the issuance, sale, or transfer of corporate stocks, bonds, or other securities; (vi) equipment deposits; (vii) uncollected bad debt; and (viii) such other revenues expressly excluded in the franchise agreement. The gross revenues shall not be reduced for any purposes other than provided herein.
Installation shall mean the connection of the system from feeder cable to subscribers' terminals.
Local origination programming shall mean programming created, produced, purchased, or otherwise acquired by the grantee for distribution to subscribers.
Other programming service shall mean information that a grantee makes available to all subscribers generally.
Person shall mean an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
Public property shall mean any real property owned by the county, other than a street and which is dedicated for uses compatible with cable system operations.
Service area or franchise area shall mean the geographic area within the county designated in a franchise agreement as the area in which the grantee is authorized to offer and provide cable service.
State shall mean the State of California.
Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive, easement or right-of-way now or hereafter held by the county, or dedicated for use by the county, use by the general public, or use compatible with cable system operations.
Video programming shall mean programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Ord. No. 543, § 2, 8-22-95)