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For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given below. When consistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. Words not defined in this chapter will have the meanings given them by the Cable Act and by the Federal Communications Commission.

Basic cable service means any service tier that includes the retransmission of local television broadcast signals.

Basic service tier means a separately available tier to which subscription is required for access to any other tier of service, and will, at a minimum, consist of the following:

A. All signals carried as required by Sections 614 and 615 of the Cable Act.

B. Any public, educational, and governmental access programming required by the City to be provided to subscribers.

C. Any signal of any television broadcast station that is provided by the licensee to any subscriber, except a signal that is secondarily transmitted by a satellite carrier beyond the local service area of such station.

Cable Act means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as they may be amended from time to time.

Cable service means the transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service. Cable service may also include services that, in the sole discretion of the City Council, provide similar video programming services without regard to the delivery technology.

Cable system (sometimes referred to as "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 services that includes video programming and that is provided to multiple subscribers within the City, but does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless the facility or facilities uses any public right-of-way; (C) a facility of a common carrier that is subject, in whole or in part, to 47 United States Code Sections 201 through 276, except that the facility is considered a cable television system, other than for purposes of 47 United States Code Section 541(c), to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services; or (D) any facility of an electric utility used solely for operating its electric utility systems. A reference to a licensee’s cable system refers to all or part of the cable system.

City means the City of Phoenix, a municipal corporation of the State of Arizona, and all of the territory within its present and future corporate boundaries.

City Council means the Council of the City of Phoenix.

City Manager means the City Manager of the City of Phoenix or the City Manager’s designee.

Educational channel or educational access channel means channel capacity or any portion of the capacity of any channel designated for educational use.

Existing cable television system means a cable television system in operation on April 1, 1974, a cable television system under construction on April 1, 1974, or a cable television system which had received authorization for construction on April 1, 1974.

FCC means the Federal Communications Commission, or a designated representative.

Fiscal year means any consecutive 12-month period as set forth in the license.

Government channel or government access channel means channel capacity or any portion of the capacity of any channel designated for governmental use.

Gross revenues means “gross revenues” as defined in A.R.S. 9-505, except as may be modified in the license.

Initial license means a license sought by, or granted to, a person or entity that does not hold a license in Phoenix.

Leased channel or leased access channel means any channel available for lease and programming by persons or entities unaffiliated with the licensee.

License means the nonexclusive authorization granted by the City to construct, operate and maintain a cable system within all or part of the City and to occupy or use the streets within the City.

License fees means the fees the licensee pays the City under Section 5-20.

Licensee means the person or entity to which a license is granted to construct, operate, maintain, or reconstruct a cable system.

Normal business hours means those hours during which most similar businesses in the City are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week or some weekend hours.

Normal operating conditions means service conditions that are within the control of the licensee. Conditions that are not within the control of the licensee include natural disasters, civil disturbances, utility company power outages, telephone network outages, and severe or unusual weather conditions. Conditions that are ordinarily within the control of the licensee include special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Other programming service means information that a licensee makes available to all subscribers generally.

Premium programming, pay-cable or pay-television means the delivery to subscribers, over the cable system, of a cable service for a fee or charge, on a per-program or per-channel basis.

Public access channel means channel capacity or any portion of the capacity of any channel designated for public use.

Renewal license means a license sought by, or granted to, a licensee already providing cable services in the City.

Resident means any person residing in the City as otherwise defined by applicable law.

School means any educational institution including primary and secondary schools, colleges and universities.

Section means any section, subsection, or provision of this chapter.

Service interruption means the loss of picture or sound on one or more channels or the significant deterioration of signal or sound.

Streets and public ways means the surface of and the space above and below any public street, sidewalk, right-of-way, alley, right-of-way easement, or other public way of any type within the City.

Subscriber or customer means any person, firm, corporation, or other entity that subscribes to, for any purpose, a cable service provided by the licensee by means of or in connection with the cable system. For the purposes of Section 5-27, "subscriber" includes those requesting a cable service provided by the licensee.

Two-way communication means the transmission of telecommunication signals from subscriber locations or other points throughout the cable system back to the cable system’s control center and the transmission of telecommunication signals from the control center to subscriber locations. The license may authorize switching at a level other than the control center.

Video programming means programming provided by or generally considered comparable to programming provided by a television broadcast station.

Year means a full calendar year. (Ord. No. G-6034, 2015)

Cross reference—Definitions and rules of construction generally, § 1-2.