13.10.020 Definitions.
For the purposes of this chapter, the following words, terms, phrases, and abbreviations and their similar formulations shall have the meanings given them in this chapter or, as appropriate, in other chapters of the Atherton Municipal Code as may be amended from time to time, unless the context indicates otherwise. Words not defined in this chapter or other chapters of the Atherton Municipal Code shall have the same meaning as established in (A) DIVCA, and, if not defined therein, (B) Commission rules implementing DIVCA, and, if not defined therein, (C) Title VI of Title 47 of the United States Code, and, if not defined therein, (D) their common and ordinary meaning. References to governmental entities (whether persons or entities) shall refer to those entities or their successors in authority. If a specific provision of law referred to in this chapter should be renumbered, then the reference shall be read to refer to the renumbered provision. References to any law shall be interpreted broadly to cover government actions, however nominated, including any law now in force or subsequently enacted or amended.
A. “Access,” “PEG access,” or “PEG use” means the availability of cable system or video service provider network capacity for public, educational or governmental use by various agencies, institutions, organizations, groups, and individuals, including the town and its designated access providers, to acquire, create and distribute programming not under a cable operator’s or video service provider’s editorial control, including, but not limited to:
1. “Public access” or “public use” means access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary or designated programmers or users having editorial control over their programming;
2. “Educational access” or “educational use” means access where accredited educational institutions are the primary or designated programmers or users having editorial control over their programming; and
3. “Governmental access” or “governmental use” means access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming.
B. “Cable coordinator” means the city manager or the individual or individuals designated by the city manager to administer oversight of state franchisees in the town.
C. “Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system or the network of a video service provider and which is capable of delivering a television signal whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals.
D. “Town” means the government of the town of Atherton, a municipal corporation duly organized and validly existing under the laws of the state of California, and all departments, divisions, and offices thereof.
E. “Council” means the city council of the town of Atherton.
F. “Commission” means the California Public Utilities Commission.
G. “Comcast franchise” means the cable television franchise agreement by and between the city of Palo Alto, California, on behalf of a joint powers agreement of which the town is a signatory, and TCI Cablevision of California, Inc., effective as of July 25, 2000.
H. “DIVCA” means the Digital Infrastructure and Video Competition Act of 2006, Assembly Bill 2987 (CH 700, Stats. 2006), and as that Act may hereafter be amended.
I. “EAS” means the emergency alert system.
J. “FCC” means the Federal Communications Commission.
K. “Person” includes any natural person, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the town.
L. “PEG” means public, educational and governmental access.
M. “Public rights-of-way” means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the town which may be properly used for the purpose of installing, constructing, operating, maintaining, and repairing a cable system or a video service provider’s network; and any other property that a state franchisee is entitled by California or federal law to use by virtue of the grant of a state franchise.
N. “Public property” means any property that is owned or under the control of the town that is not located in the public rights-of-way, including, for purposes of this chapter, but not limited to, buildings, parks, and pole structures, such as utility poles and light poles, or similar facilities or property owned by or leased to the town.
O. “State franchisee” means any video service provider that has been granted a state franchise by the Commission whose video service area includes all or any part of the incorporated limits of the town.
P. “Video service provider” has the meaning set forth in DIVCA and, in addition, refers collectively to any cable operator, video service provider or OVS operator as defined in DIVCA. (Ord. 569 § 7 (part), 2007)