9-505. Definitions

In this article, unless the context otherwise requires:

1. "Area of jurisdiction" means that part of a city or town, or that part of the unincorporated area of a county, or both when applied to a cable television system within parts of more than one jurisdiction, for which a license is issued.

2. "Cable operator" means a person that is issued a license by the licensing authority to construct, operate and maintain a cable television system in public streets, roads and alleys.

3. "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.

4. "Cable television system" means any 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.  Cable television system does not include:

(a) A facility that serves fewer than fifty subscribers.

(b) A facility that serves subscribers without using any public street, road or alley.

(c) A facility that serves only to retransmit the television signals of one or more television broadcast stations.

(d) 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.

(e) An open video system that complies with 47 United States Code section 573.

(f) A facility of an electric utility that is used solely for operating its electric utility system.

5. "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 as of April 1, 1974.

6. "Gross revenues" means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half per cent annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator’s operation of its cable system to provide cable service in the area of jurisdiction.  Gross revenues include all revenue from charges for cable service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive cable service, and any other receipts from subscribers derived from operating the cable system to provide cable service, including receipts from forfeited deposits, sale or rental of equipment to provide cable service, late charges, interest and sale of program guides.  Gross revenues also include all income the cable operator receives from the lease of its facilities located in the public streets, roads and alleys, unless services that the lessee provides over the leased facilities are subject to a transaction privilege tax of the licensing authority.  Gross revenues do not include revenues from commercial advertising on the cable system, the use or lease of studio facilities of the cable system, the use or lease of leased access channels or bandwidth, the production of video programming by the cable operator, the sale, exchange, use or cablecast of any programming by the cable operator in the area of jurisdiction, sales to the cable operator’s subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or charges that the cable operator collects and pays to any governmental authority, any increase in the value of any stock, security or asset, or any dividends or other distributions made in respect of any stock or securities.

7. "Intergovernmental contract" means the joint exercise of powers authorized by title 11, chapter 7, article 3.

8. "License" means that ordinance or resolution which contains the right, authority or grant, given by a licensing authority enabling a person to construct, operate and maintain a cable television system.

9. "Licensing authority" means the board of supervisors of a county or the governing body of an incorporated city, including a charter city, or town.

10. "Other programming service" means information that a cable operator makes available to all subscribers generally.

11. "Video programming" means programming that is provided by, or generally comparable to programming provided by, a broadcast television station.