5.12.020 Definitions.
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.
“Cable system” means a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that provides cable television service, and which is provided to multiple subscribers within the city, and shall include:
A. A facility that retransmits the television signals of one or more television broadcast stations;
B. A facility that retransmits the radio signals of one or more radio broadcast stations;
C. A facility that services subscribers in one or more multiple-unit dwellings under common ownership, control or management, but only if such facility uses any public rights-of-way; or
D. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act.
“City” means the city of Montague, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
“Council” means the present highest governing body of the city or any future board constituting the legislative body of the city.
“Federal act” refers to the Communications Act of 1934, and any amendments thereto, as codified in the United States Code.
“Franchise” means and includes any authorization granted pursuant to this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable system in the city, including a satellite master television system.
“Franchise Fee.” In accordance with the Federal Act, “franchise fee” means the tax, fee or assessment to be paid by the grantee to the city solely because of the grantee's status as a cable operator within the city. Such fee does not include any capital costs which are required by this chapter to be incurred by the grantee for public, educational or governmental access facilities.
“Grantee” means Cal-Nor Cableview Inc., a California corporation, and the lawful successor, transferee or assignee of said corporation, as referenced in Section 5.12.170.
“Gross receipts” means compensation actually received by the grantee from subscribers in the city. “Gross receipts” shall not include:
A. Deposits, uncollected amounts or accounts receivable;
B. Any taxes imposed on the services furnished by grantee;
C. Revenue from installation or connection charges;
D. Commissions received from the sale of goods and services; and
E. Refunds or rebates made by the grantee. Copyright fees made by grantee under the Copyright Royalty Act of 1976 shall be deducted from gross receipts in computing the franchise fee under Section 5.12.100.
“Street” means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, easement, license, permit or right-of-way of any kind or nature whatsoever and all public property and public areas now or hereafter existing as such within the city.
“Subscriber” means any person or entity receiving cable television service from the cable system. (Ord. 93-03 §2 (part), 1993)