For the purpose of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning     given in this section.  When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

    "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the company.

    "Basic cable" is the tier of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.

    "Cable Act" means the Television Consumer Protection and Competition Act of 1992, as amended.

    "Cable Service" 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 of such video programming or any other lawful communication service.

    "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment or other communications equipment that is designed to provide cable service and other service to subscribers.

    "City" means the city of Grass Valley, California.

    "Company" means the grantee of rights under any franchise or the lawful successor, transferee or assignee thereof.

    "Council" means the governing body of the city.

    "FCC" means Federal Communications Commission, or successor governmental entity thereto.

    "Franchise" means the initial authorization, or renewal thereof, issued by the council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.

    "Franchise area" means that area within the corporate limits of the city and shall include any additions thereto by annexation or other legal means.

    "Gross revenues" means all amounts which are received directly by the company from or in connection with the operation of the cable system including without limitation: the distribution of any service over the cable system, or in connection with the operation of the cable system; basic service monthly fees; all other service fees; installation, reconnection and similar fees; fees paid for channels designated for commercial use; converter rentals or sales; facility or equipment rentals, other than those not associated with the operation of the cable system; advertising revenues, and revenue derived from the sale of products advertised or promoted on the cable system within the franchise area. Gross revenues shall include the gross revenue of any affiliate of the company which is derived directly or indirectly from or in connection with the operation of the cable system within the franchise area. Gross revenues shall not include taxes imposed by law on subscribers or other persons which the company is obligated or authorized to collect and which the company passes on, in full, to the appropriate governmental entity. Gross revenues, however, shall not be double counted. Revenues of both company and the affiliate that represent a transfer of funds between the company and the affiliate, and that would otherwise constitute gross revenues of both the company and the affiliate, shall be counted only once for purposes of determining gross revenues.

    "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

    "Public way" means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the council in the franchise area which shall entitle the council and the company to use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. Public way shall also mean any easement now or hereafter held by the council within the franchise area for the purpose of public travel or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the council and the company to the use thereof for the purposes of installing or transmitting the company's cable service, or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, compliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.

    "Service tier" means a category of cable service or other services, provided by the company and for which a separate charge is made by the company.

    "Subscriber" means a person, or user of the cable system who lawfully receives cable services or other service therefrom with the company's express permission. (Ord. 496 § 2 (part), 1993)