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For purposes of this chapter the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is mandatory and the word “may” is permissive. Words not defined shall be given their common and ordinary meanings.

A. “Affiliate” shall mean any person or entity that directly or indirectly owns or controls, is owned or controlled by, or under common ownership or control with another person, a cable operator, and provides cable service or other service to subscribers in the city.

B. “Application” means a proposal seeking authority to construct and/or operate a cable communications system within the city pursuant to this chapter. Application shall include the initial proposal for a new or renewed franchise plus all related subsequent amendments thereto.

C. “Cable communications system” or “cable 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:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2. A facility that serves subscribers without using any public right-of-way;

3. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934 as amended, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Cable Act) 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;

4. An open video system that complies with 47 U.S.C. Section 653;

5. Any facilities of any electric utility used solely for operating its electric utility systems.

D. “Cable operator” means any person or group of persons who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system or who otherwise controls or is responsible for, through any arrangement, the management and operation of such cable systems.

E. “Cable services” shall mean (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 or use of such video programming or other programming service.

F. “Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by FCC regulations).

G. “City” means the city of Bellevue, Washington.

H. “Complaint” shall mean any issue raised by a subscriber that is a violation of the subscriber service standards.

I. “Construct” or “construction” shall mean building, installing, removing, replacing, repairing and maintaining any new or existing cable communications system equipment or facilities and may include, but is not limited to, digging and/or excavating for the purposes of building, installing, removing, replacing, repairing and maintaining any new or existing cable communications system equipment or facilities.

J. “Converter” means an electronic tuning device which converts transmitted signals to a frequency which permits their reception on an ordinary television receiver.

K. “Council” means the city council of the city of Bellevue.

L. “Customer service representative” (“CSR”) means any person employed by the cable operator to assist or provide service to subscribers, whether by answering public telephone lines, writing service or installation orders, answering subscribers’ questions, receiving and processing payments, or performing other subscriber service related tasks.

M. “Drop” means the cable or cables that connect a subscriber’s premises to the nearest feeder line of the cable communications system.

N. “Easement” means a public or private easement or right-of-way, including a public utility easement, to be used for the purposes of constructing and operating a cable communications system.

O. “FCC” means the Federal Communications Commission or any legally appointed or designated agent or successor.

P. “File” means the delivery, by mail or otherwise, to the appropriate office, officer or agent of the city of any document or other thing which this chapter or a franchise requires a grantee to file with the city. The date of receipt by the city shall be considered the file date. Unless specified to the contrary, the filing shall be with the city clerk.

Q. “Franchise” means the nonexclusive right and authority to construct, maintain, and operate a cable communications system through use of the public streets, dedications, public utility easements, or other public way in the city pursuant to a contractual agreement executed by the city and a cable operator.

R. “Franchise area” means the area within the jurisdictional boundaries of the city, including any areas annexed by the city during the term of a franchise.

S. “Grantee” means an entity authorized to construct and/or operate a cable communications system within the city pursuant to this chapter, including any lawful successor, transferee or assignee of an original grantee.

T. “Gross revenues” means all revenues derived directly or indirectly by the grantee or an affiliated entity from the operation of the cable system used to provide cable services within the franchise area. Gross revenues shall not include (1) bad debt; provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected; or (2) any taxes on services furnished by the grantee which are imposed directly on any subscriber or user by the state, city or other governmental unit and which are collected by the grantee on behalf of said governmental unit; or (3) any access capital contributions as defined by a franchise.

U. “Installation” means the connection of the cable system at the subscriber’s premises.

V. “Institutional services” means one-way and two-way nonentertainment transmission services for public agencies and community institutions. Such services include, but are not limited to, video transmission and voice and data communications.

W. “Maintain” or “maintenance” means the repair, restoration, replacement, renovation and testing of the cable communications system or components thereof so as to ensure that it operates in a safe and reliable manner and as required by a franchise and this chapter.

X. “Material breach” means any substantial or repeated failure of the grantee to comply with subscriber service standards or any other requirement set forth in the franchise agreement, this division or applicable law. A material breach also means any single breach of any term of the franchise agreement that has a substantial and significant effect on the rights of either party to the franchise agreement or to the subscribers in the service area described in the franchise agreement. A material breach shall also include any breach designated as material in the franchise agreement or this division.

Y. “Normal business hours” means the hours of 9:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. Saturday, excluding legal holidays.

Z. “Normal operating conditions” means service conditions within the control of the grantee. Those conditions that are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

AA. “Other programming service” means information that a grantee makes available to all subscribers generally.

BB. “PEG access facilities” means channel capacity designated for public, educational or governmental use and/or facilities and equipment for the use of such channel capacity.

CC. “PEG access user” means any person or entity, including a governmental entity, entitled to make use of a PEG access channel consistent with the intended purpose of the channel.

DD. “Person” means an individual or legal entity, such as a corporation, partnership, or governmental entity.

EE. “Personally identifiable information” means specific information about a subscriber, including, but not limited to, a subscriber’s (1) log‑in information, (2) extent of viewing of video programming or other services, (3) shopping choices, (4) interests and opinions, (5) energy uses, (6) medical information, (7) banking data or information, (8) web-browsing activities, or (9) any other personal or private information. “Personally identifiable information” shall not mean aggregate information about subscribers which does not identify particular persons.

FF. “Property owner” means any individual, association, or business entity that owns or controls an apartment building, condominium, mobile home, duplex, single-family home, or other property.

GG. “Right(s)-of-way” means all public streets, roads, avenues, alleys and highways of the city as now laid out, platted, dedicated, acquired or improved; and any streets, roads, avenues, alleys and highways that may hereafter be laid out, platted, dedicated, acquired or improved within the current limits of the city and as such limits may be hereafter extended, and all city-owned utility easements dedicated for the placement and location of various utilities, provided such easements would permit the cable operator to fully exercise the rights granted under a franchise within the area covered by the easement and including any air rights, subsurface rights or easements related thereto.

HH. “Service interruption” means loss of picture or sound on one or more cable channels.

II. “Standard installation” means (1) for an unwired dwelling unit, an installation of cable service to the subscriber’s dwelling unit located up to 125 feet from the distribution system as may be extended per line extension provisions of a franchise, plus additional inside wire and at least one outlet sufficient to receive cable services; and (2) for a prewired dwelling, the installation of cable service to the federal demarcation point located on the subscriber’s property up to 125 feet from the subscriber’s property line, sufficient to receive cable services and where the prewired equipment will allow the cable system to meet all Federal Communications Commission (FCC) technical requirements.

JJ. “Subscriber” means a customer who is a lawful recipient of cable television services or other services provided over a cable communications system.

KK. “Transfer” means any transaction in which all or a substantial portion of any cable communications system equipment or facilities or any right to use or operate the equipment or facilities located in the public right-of-way are sold, conveyed, transferred, assigned, encumbered or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntarily or by operation of law or otherwise; or there is any change, acquisition or transfer of control of the cable operator, or any person that controls the cable operator, including, without limitation, forced or voluntary sale, merger, consolidation, exchange, or receivership; or the rights or obligations under the franchise are sold, conveyed, transferred, assigned, encumbered or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntary or by operation of law or otherwise. (Ord. 5531 § 2, 2004.)