5.50.010 Definitions.
A. “Access channels (public, educational or governmental access facilities)” means:
1. Channel capacity designated for public, educational, government use; and
2. Facilities and equipment for the use of such channel capacity.
B. “The Act” means the “Cable Television Consumer Protection and Competition Act of 1992,” the “Telecommunications Reform Act of 1996,” and the “Cable Communications Policy Act of 1984,” as now existing or hereafter amended.
C. “Addressability” means the ability of a system allowing a franchisee to authorize by remote control subscriber terminals to receive, change or to cancel any or all specified programming.
D. “Applicant” means any person or entity that applies for a franchise.
E. “Basic cable service” means all signals of local television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable television system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals and service added to the basic tier by a cable franchisee.
F. “Cable services” means:
1. The one-way transmission to subscribers of video programming or other programming service; and
2. Subscriber interaction, if any, which is required for the selection or use by the subscriber of such video programming.
G. “Cable television system” means 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 and other service to subscribers, but such term does not include:
1. A facility that serves only to retransmit the 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 which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facilities shall be considered a cable television 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. An open video system that complies with 47 U.S.C. Section 573 as now existing or hereafter amended; or
5. Any facilities of any electric utility used solely for operating its electric utility system.
H. “Channel” means a single path or section of the spectrum which carries a television signal.
I. “Character generator” means a device used to generate alpha numerical programming to be cablecast on a cable channel.
J. “City” means the city of Bothell, a municipal corporation of the state of Washington.
K. “Council” means the city of Bothell council acting in its official capacity.
L. “Data transmission” means:
1. The movement of encoded information by means of electrical or electronic transmission systems; and
2. The transmission of data from one point to another over communications channels.
M. “Dwelling units” means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single-family residential units, including modular and type A manufactured homes, and individual apartments, condominium units, mobile and manufactured homes within mobile/manufactured home parks, and other multiple-family residential units.
N. “Emergency” means a condition of imminent danger to the health, safety and welfare of property or persons located within the city including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars.
O. “FCC” means the Federal Communications Commission, a regulatory agency of the United States government.
P. “Fiber optics” means the technology of guiding and projecting light for use as a communications medium.
Q. “Franchise” means the initial authorization, or renewal thereof, issued by the city which grants the nonexclusive right and authority for the construction and operation of a cable television system for the purpose of offering cable service or other service to subscribers.
R. “Franchisee” means the person, firm or corporation to whom or which a franchise is granted by the council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in city ordinance.
S. “Gross revenues” means any and all receipts and revenues received directly or indirectly, from all sources, derived from the operation of the cable television system to provide cable services by a franchisee, including franchise fees, and such revenues as obtained from local and national advertising, home shopping channels, and similar sources, but excluding bad debt, transactions related to real property receipts by a franchisee and any taxes on services furnished by a franchisee, imposed on any subscriber or used by any governmental unit, agency or instrumentality and collected by a franchisee for such entity.
T. “Headend” means the electronic equipment located at the start of a cable television system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment.
U. “Installation” means the connection of the cable television system from feeder cable to subscribers’ terminals.
V. “Institutional networks (I-Nets)” means a cable television system designated principally for the provision of nonentertainment services to schools, public agencies or other nonprofit agencies, separate and distinct from the cable television system, or on secured channels of the cable television system.
W. “Interactive services” means services provided to subscribers where the subscriber either:
1. Both receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under their control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or
2. Transmits signals to any other location for any purpose.
X. “Office” means the person or entity designated by the city as being responsible for the administration of a franchise for the city.
Y. “Property of franchisee” means all property owned, installed or used by a franchisee in the conduct of its business in the city under the authority of a franchise granted pursuant to this chapter.
Z. “Proposal” means the response, by an individual or organization, to a request by the city regarding the provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the city.
AA. “Public right-of-way” or “street” means the land owned, dedicated or conveyed to the city or a unit of government, including but not limited to any public alley, boulevard, lane, way, place, drive, easement, right-of-way or sidewalk, or any portion thereof, under the jurisdiction of the city.
BB. “Subscriber” means a person or entity or user of the cable television system who lawfully receives cable services or other service therefrom with franchisee’s express permission. (Ord. 1957 § 1 (Exh. B), 2006; Ord. 1708 § 1, 1997).