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City of San Mateo Municipal Code.

15.24.010 DEFINITIONS.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

(1) "Agreement" means a contractual document containing the specific provisions of the Franchise granted, including referenced specifications, Franchise applications, Franchise requirements, ordinances and other related materials, and all amendments thereof.

(2) "Cable System" or "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 which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include:

(a) A facility that serves only to retransmit the Television signals of one (1) or more television broadcast stations;

(b) A facility that serves only Subscribers in one (1) or more multiple unit dwellings under common ownership, control or management unless such facility or facilities uses any public right-of-way;

(c) A facility of common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) 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;

(d) A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to Subscribers; or

(e) Any facilities of any electric utility used solely for operating its electrical utility systems.

(3) "Franchise" or "Franchise Agreement" means any authorization granted hereunder in terms of franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV System in the City. Any such authorization, in whatever term granted, shall not mean and include compliance with any of the requirements of Title 5.

(4) "Franchise Area" means that area within the corporate limits of the City.

(5) "Grantee" means the person to whom a Franchise is granted pursuant hereto.

(6) "Gross Revenues" means any and all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, parent, or any entity in which Grantee has a financial interest, from the operation of its Cable System to provide Cable Services within the City including, but not limited to, 1) all Cable Service fees, 2) Franchise Fees, 3) late fees, returned check charges, collection agency charges, 4) Installation and reconnection fees, 5) fee payments or other consideration earned by the Grantee from programmers for carriage of Cable Services to the extent consistent with generally applicable accounting principles ("GAAP"), 6) upgrade and downgrade fees, 7) advertising revenue calculated consistent with GAAP, 8) home shopping commissions, 9) Converter and remote control rental fees, 10) Lockout Device fees and 11) guides. The term Gross Revenue shall not include bad debts or any taxes on Services furnished by Grantee imposed upon Subscribers by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit. City and Grantee acknowledge and agree that Grantee will maintain its books and records in accordance with GAAP.

(7) "Subscriber" means any person receiving Cable Service whether pursuant to a monthly or other charge or fee as a public service.