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For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word “shall” is always mandatory and not merely directory.

A. “Access” includes educational access, governmental access and public access, collectively, and means the availability for noncommercial use by various government and educational agencies, institutions, organizations, groups and individuals in the community, including the City and its designees, of particular channels on a cable communications system to receive and distribute video programming to subscribers, as permitted under applicable law, including, but not limited to:

1. “Educational access” means access where schools are the primary users having editorial control over programming and services;

2. “Governmental access” means access where governmental institutions or their designees are the primary users having editorial control over programming and services; and

3. “Public access” means access where the public is the primary user.

B. “Affiliated entity” or “affiliate” when used in connection with grantee means any corporation or person who owns or controls, is owned or controlled by, or is under common ownership or control with grantee.

C. “Applicant” means any person who applies for an initial cable or Open Video System (“OVS”) franchise.

D. “Basic service” means any cable service tier, which includes, at a minimum, the retransmission of local television broadcast signals and access programming.

E. “Broadcast signal” means a television or radio signal that is transmitted over-the-air to a wide geographic audience and received by a cable communications system.

F. “Bundled services” refers to two or more different services or service tiers, including cable services and noncable services, included in a single price structure.

G. “Cable Acts” refers to the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and any amendments thereto.

H. “Cable communications system” refers to OVS systems and cable systems.

I. “Cable service” means the one-way transmission to subscribers of video programming, or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

J. “Cable system” or “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 that includes video programming and that is provided to multiple subscribers within a community. The term “cable system” 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 rights-of-way;

3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended (47 U.S.C. Section 201 et seq.), except that such facility will be considered a cable system (other than for purposes of Section 621(c) of the Cable Act) 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 Section 653 of the Cable Act; or

5. Any facilities of an electric utility that are used solely for operating its electric utility system.

K. “Cable operator” means any person or group of persons, including grantee, who provides cable service over a cable communications system and directly or through one or more affiliates, owns a significant interest in such cable communications system, or who otherwise control(s) or is(are) responsible for, through any arrangement, the management and operation of such a cable communications system.

L. “Change of control” refers to a change in actual working control, in whatever manner exercised, over the affairs of a grantee or its direct or indirect parent. Without limiting the foregoing, a change of control of a franchise, grantee, or cable communications system will be deemed to have occurred whenever there is a change, acquisition or transfer of control of more than a ten percent (10%) ownership in the grantee or its direct or indirect parent to any person, or a group of persons acting in concert; or whenever there is any change in the general partners of a grantee, or a transfer of the grantee to any other entity.

M. “Channel” means a portion of the frequency band capable of carrying a video programming service or combination of video programming services, whether by analog or digital signal, on a twenty-four (24) hour per day basis or a portion thereof.

N. “City” or “grantor” means the City of Redmond, Washington, a municipal corporation, of the State of Washington.

O. “CFR” means the Code of Federal Regulations.

P. “FCC” means the Federal Communications Commission or any lawful successor.

Q. “Finance Director” shall be the person who is the Chief Financial Officer for the City or his or her designee.

R. “Franchise” means the document or agreement that is executed between grantor and grantee, containing the specific provisions of the authorization granted and the contractual and regulatory agreement created thereby.

S. “Franchise area” or “service area” means the area within the jurisdictional boundaries of the grantor including any areas annexed by grantor during the term of the franchise.

T. “Franchise Manager” means the chief administrative official for the City or his/her designee.

U. “Grantee” means any person that is awarded a franchise in accordance with this chapter, and that person’s lawful and permitted successor, transferee, or assignee; or any person holding a cable or OVS franchise as of September 13, 2003.

V. “Operator” or “cable operator” refers to a person:

1. Who directly or through one (1) or more affiliates provides cable service over a cable communications system and who directly or through one (1) or more affiliates owns a significant interest in such system; or

2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.

W. “Person” means any natural person, sole proprietorship, partnership, joint venture, association, or limited liability entity or corporation, or any other form of entity or organization.

X. “Programming” means signals containing information intended for use by recipients, whether in the form of video signals or audio signals.

Y. “Public, educational or government access facilities” or “PEG access facilities” means the total of the following:

1. Channel capacity designated for public, educational, or government use; and

2. Facilities and equipment for the use of that channel capacity.

Z. “Public property” means any property owned or under the control of the City, other than rights-of-way.

“Rights-of-way” means land acquired or dedicated to the public or that is hereafter dedicated to the public and maintained under public authority or by others, including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements and similar public property located within the franchise area.

“School” means any accredited educational institution including, for example, primary and secondary schools (K-12), and excluding home schools.

“Subscriber” or “customer” or “consumer” means any person who lawfully receives cable services via a cable communications system with grantee’s express permission.

“U.S.C.” means the United States Code. (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).