§ 1060-010. DEFINITIONS

For the purpose of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense and the singular number and words in the singular number include the plural number:

Basic cable services, basic services, or basic service tier shall mean any service tier which includes the retransmission of local television broadcast signals.

Board shall mean the present governing body of the County, or any future board constituting the legislative body of the County.

Cable television system or system, also referred to as cable communications system, CATV, CTV or cable system, means a facility or facilities 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 one or more subscribers within the franchise area, but such term does not include:

(1)

A facility that serves only to transmit television signals of one or more television broadcast stations;

(2)

A facility that serves subscribers without using any public right-of-way;

(3)

A facility of a common carrier, 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;

(4)

Any facilities of any electric utility used solely for operating its electric utility system; or

(5)

An "open video system" which complies with Section 653 of the Telecommunications Act of 1996.

Chief Administrative Officer shall mean the Grantor's Manager, Administrator, or other designation of the Grantor's Chief Executive Office, or any designee thereof.

Community Television Authority, CTA and JPA shall mean a Joint Powers Authority established in cooperation with other governmental agencies to jointly administer designated portions of this chapter.

County shall mean the unincorporated portion of the County of Sutter of the State of California, in its present form or in any later reorganized, consolidated or enlarged form.

Franchise shall mean an initial authorization, or renewal thereof, issued by the Grantor which authorizes the construction or operation of a cable system. 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 County as required by other ordinances and laws of this County.

Grantee shall mean the person, firm or corporation granted a franchise by the Grantor under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

Grantor shall mean the County.

Gross Revenues shall mean the gross revenues derived annually from the operation of the cable system to provide cable services.

Property of Grantee shall mean all property owned, installed or used in the jurisdiction by a Grantee in the conduct of a cable television system business in the jurisdiction under the authority of a franchise granted pursuant to this chapter.

Street shall mean the surface, the air space above the surface and the area below the surface of any public street, other public right-of-way or public place, including public utility easements under control of the Grantor.

Subscriber shall mean any person or entity who elects to subscribe to, for any purpose, a service provided by a Grantee by means of or in connection with the cable system, and who pays the charges therefor.