A. “Access channels” means those channels designated and maintained by a cable communications system for programming not under the editorial control of the operator, including local government, educational, and public access channels.

B. “The Act” means the Cable Communication Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, and any subsequent amendments.

C. “Addressability” means the ability of a system allowing a franchisee to authorize by remote control customer terminals to receive, change or to cancel any or all specified programming.

D. “Affiliate,” when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under, an ownership or control with, such person.

E. “Applicant” means any person or entity that applies for a franchise.

F. “Basic service” means any service tier which includes the retransmission of local television broadcast signals.

G. “Cable Services,” “Cable Communications System,” or “CATV System.” These words are used interchangeably for the purpose of this chapter and are terms describing a system employing antennae, microwave, wires, waveguides, coaxial cables or other conductors, equipment, or facilities designed, constructed or used for the purpose of:

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 Anacortes, a municipal corporation of the state of Washington, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

K. “Council” means the city council of the city of Anacortes or any future body constituting the legislative body of the city.

L. “Data communications” means either (i) the movement of encoded information by means of electrical or electronic transmission systems or (ii) 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 and individual apartments, condominium units, manufactured homes within manufactured home parks, and other multiple-family residential units.

N. “Expanded basic service” means that service tier which includes all services provided not included within the basic service tier and not including premium or pay for view channels.

O. “FCC” means the Federal Communications Commission, a regulatory agency of the United States Government.

P. “Fiber optics” refers to a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying cable services by means of electric light wave impulses.

Q. “Franchise” means the authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable communications system within all or a specified area in the city. This term, under any such authorization in whatever form granted, shall not mean and does not include any license or permit required by other laws, ordinances or rules of the city for the privilege of transacting and carrying on a business within the city, or for construction, reconstruction, repair, maintenance or use on, over or under any public rights-of-way.

R. “Franchise agreement” means a document entered into between the city and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.

S. “Franchisee” means any person, firm or corporation granted a franchise by the city under this chapter and the lawful successor, transferee or assignee of such person, firm or corporation.

T. “Gross revenues” means any and all compensation in whatever form, from any source, directly or indirectly earned by grantee, or any other person or affiliate of grantee who would constitute a cable operator of the cable system under the Cable Act, derived from the operation of the cable system insofar as such operation in any manner requires use of the public streets and rights-of-way in the city. Amounts identified by the city as copyright, or other license fees, shall not be excluded from gross revenues. Gross revenues shall include basic, expanded basic and pay service revenues, revenues from installation and equipment rental and sale, the applicable percentage of local advertising revenues, and any leased access revenues.

Gross revenues shall not include any taxes on services furnished by grantee, which taxes are imposed directly on a subscriber or user by a city, county, state or other governmental unit, and collected by grantee for such entity. Gross revenues shall not include amounts which cannot be collected by grantee and are identified as bad debt; provided that if amounts previously representing bad debt are collected, then those amounts shall be included in gross revenues for the period in which they are collect.

Amounts included in gross revenues shall not be counted more than once; therefore, amounts included once in grantee’s gross revenues shall not be added to gross revenues again if they are received by an affiliate of grantee in payment for programming or other goods or services supplied to grantee.

U. “High definition television (HDTV)” means a television system that will provide sharper picture definition than the current U.S. standards, five hundred twenty-five lines per frame.

V. “Headend” means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment.

W. “Insertion point(s)” means location(s) where institutional programming can be initiated for distribution throughout the cable system.

X. “Installation” means the connection of the system from feeder cable to subscribers’ tap.

Y. “Institutional services” means a cable system designated principally for the provision of non-entertainment services to schools, public agencies or other non-profit agencies, separate and distinct from the subscriber network, or on secured channels of the subscriber network.

Z. “Interactive services” means services provided to subscribers where the subscriber either (i) both receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or (ii) transmits signals to any other location for any purpose.

AA. “Interconnect” means the sharing of video, audio and/or data transmissions between two or more cable systems, institutional networks and/or users.

BB. “NCTA” means the National Cable Television Association.

CC. “Operator” means the person, firm or corporation to whom a franchise is granted pursuant to the provisions of this chapter.

DD. “Person” means any person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business and common law trusts and societies.

EE. “Premium services” means programming over and above the basic services provided by a franchisee, for which there is an additional charge.

FF. “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.

GG. “Proposal” means the response, by a person, entity or corporation, 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.

HH. “Public way” or “street” means the surface, the air space above the surface and the area below the surface of any public street, including, but not limited to, any public alley, boulevard, drive, right-of-way or sidewalk under the jurisdiction of the city.

II. “Subscriber” means a person or entity receiving for consideration any service of a franchisee’s cable communications system. (Ord. 2756 Att. A, 2006; Ord. 2346 § 1, 1995)