§ 5.90.800. Definitions.

(a)

General definitions. Except as otherwise provided herein, all words shall have the customary dictionary meaning.

(1)

The present tense includes the future tense.

(2)

The singular number includes the plural and the plural number includes the singular.

(3)

The masculine, feminine and neuter genders shall each be deemed to include the other or others whenever the context so indicates.

(4)

The word "person" includes a firm, corporation, association, organization, trust, or partnership.

(5)

The word "shall" is mandatory.

(6)

The word "may" is permissive.

(b)

Specific definitions. It is the intention of the City that the following definitions also be made part of subsequent cable franchise agreements.

(1)

Access channels or PEG channels means free composite channels to be used for public, educational, and government purposes.

(2)

Adoption shall mean the process necessary to formally enact the provisions of this article within the city's jurisdiction under applicable law.

(3)

Basic services tier means those broadcast and nonbroadcast services provided by the Cable Operator at the lowest monthly charge and consisting of local stations, access channels, and any other distant retransmission and/or satellite channels selected by the Cable Operator.

(4)

Cable Act means the Cable Communications Policy Act of 1984, and any subsequent amendments.

(5)

Cable operator shall mean 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 the management and operation of such cable system in the Franchise Service Area.

(6)

Cable service means (i) the one-way transmission to Subscriber of video programming or other programming service, and (ii) Subscriber interaction, if any, which is required for the selection by the Subscriber of such video programming or other programming service.

(7)

Channel means a single path or section of the spectrum which carries a television signal.

(8)

City means the City of Reno, a municipal corporation of the State of Nevada.

(9)

City Council means the present governing body of the City or any future Council constituting the legislative body of the City.

(10)

City Manager means the City Manager or the City Manager's designee.

(11)

Community antenna television system, CATV, cable television system, or system means a system of antennas, cables, wires, lines, towers, transmission lines, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying, scrambling and distributing audio, video and other forms of electronic or electrical signals, located in whole or in part in the City, consistent with NRS 711.020 et seq., as subsequently amended.

(12)

Converter or digital converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and with an appropriate channel selector which also permits a Subscriber to view all signals delivered at designated converter dial locations.

(13)

Council means the present governing body of the City or any future board constituting the legislative body of the City.

(14)

Customer or Subscriber shall mean any person who legally receives cable television service from the Cable Operator.

(15)

Customer Service Representative (or "CSR" ) shall mean 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 customer service-related tasks.

(16)

Disability. A person is considered to have a disability if that person (1) has a physical or mental impairment which substantially limits one or more of that person's life activities such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working; and (2) has a medical record of such an impairment.

(17)

Dwelling unit 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, mobile homes within mobile home parks, and other multiple-family residential units.

(18)

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

(19)

Gross revenues includes, subject to federal, state and local law and any amendments thereto, without limitation, customer revenues including those for basic, expanded basic, or digital cable services; premium services; pay per view; installation, disconnection or service call fees; fees for the provision, sale, rental or lease of converters, remote controls, additional outlets and other customer premises equipment; amounts collected from Subscribers for franchise fees in accordance with federal statutory and case law, including but not limited to, City of Dallas v. FCC, 118 F.3d 393 (5th Cir. 1997), and all other services allowed by law. Gross revenues shall not include (1) any taxes, fees or assessments of general applicability collected by Cable Operator from Subscribers for pass-through to a government agency, including the FCC User Fee; (2) unrecovered bad debt; (3) any PEG amounts recovered from Subscribers or capital costs required by Cable Operator for PEG; (4) any incidental costs associated with the awarding or enforcing of the franchise including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; and (5) any applicable deductions allowed pursuant to state law, including but not limited to, NRS 711.200.

(20)

Installation means the connection of the system from feeder cable to Subscribers' terminals.

(21)

Institutional services means a cable communications system designated principally for the provision of 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.

(22)

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.

(23)

Interconnect means a link by various technical means to other cable systems for purposes of program distribution.

(24)

Leased access channels means any channel or portion of a channel available for programming for a fee or charge by persons or entities other than the Cable Operator.

(25)

Local origination channel means any channel or portion of a channel which is programmed by the Cable Operator.

(26)

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. Normal business hours includes some evening hours at least one night per week and/or some weekend hours.

(27)

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

(28)

Pay-per-view (PPV) means per-event video programming for which the Subscriber pays over and above the fee for regular cable service.

(29)

Premium services means video programming over and above those provided by basic services for which there is additional charge.

(30)

Property of the Cable Operator means all property owned, installed or used by a Cable Operator in the conduct of a cable business in the City under the authority of a franchise granted pursuant to this article.

(31)

Proposal means the response, by an individual or organization, 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.

(32)

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 City in the service area which shall entitle the City and the Cable Operator to the use thereof for the purpose of installing or transmitting the Cable Operator'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.

(33)

Service interruption or loss of service means the loss of picture or sound on one or more cable channels.

(34)

Subscriber means a person or user of the cable system who lawfully receives cable services or other service therefrom with the Cable Operator's express permission.

(35)

Video programming means programming provided by or generally considered comparable to programming provided by a television broadcast station.

(Ord. No. 5565, § 1, 4-21-04)