17-1-4 POLICE POWERS.

ARTICLE 17-1
General

Section

17-1-2 Short title

17-1-3 Definitions

17-1-4 Police powers

17-1-1 INTENT.

The city finds that the development of cable television and communications systems has substantial benefit and impact upon the residents, businesses, industries and institutions within the city. Because of the complex and rapidly changing technology associated with cable television, the city further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the city or such persons as the city shall designate. It is the intent of this chapter and subsequent amendments to provide for and specify the means to attain the best possible public interest and public purpose in these matters, and any license issued pursuant to this chapter shall be deemed to include this finding as an integral part.

(Prior Code, § 17-1-1)

17-1-2 SHORT TITLE.

This chapter shall be known and may be cited as the Goodyear Cable Code.

(Prior Code, § 17-1-2)

17-1-3 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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, and the use of any gender shall be applicable to all genders whenever the sense requires. The word SHALL is mandatory and the word MAY is permissive. Words not defined shall be given their common and ordinary meaning.

ACCESS CHANNEL. A channel dedicated in whole or in part for local noncommercial programming which is not originated by a cable company, provided that such local programming shall not include:

(1) The retransmission of local television broadcast signals; or

(2) Programming produced by persons unaffiliated with the cable company under the provisions of Section 612 of the Cable Act.

APPLICANT. The person or entity applying for a license from the city.

APPLICATION. The form required by the city to be submitted by an applicant for an initial license.

BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals as defined in 47 U.S.C. 521 through 559, as amended from time to time. Each basic service tier shall include all access channels, as defined in Section 611 of the Cable Act, as it may be amended from time to time.

CABLE ACT. The Cable Communications Policy Act of 1984, being 47 U.S.C. 521 et seq. as amended from time to time.

CABLE SERVICES. The one way transmission to subscribers of video programming and other programming services, together with subscriber interaction, if any, which is required for the selection of such programming and programming services that the licensee makes available to all subscribers generally. A licensee may accomplish subscriber interaction through two way communication.

CABLE SYSTEM. A facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable services which includes video programming and which is provided to multiple subscribers within the city (as hereinafter defined), 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 only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses or crosses over 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, being 47 U.S.C. 521 et seq. 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

(4) Any facility of an electric utility used solely for operating its electric utility systems.

CHANGE OF SERVICE. All requests by existing subscribers for modifications to their cable service, including without limitation additions or deletions of premium services, additional outlets, remote controls and FM service. Such term shall not include initial installation of basic cable service, total disconnection of basic cable service or service calls.

CITY. The city, a municipal corporation of the State of Arizona, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

CITY COUNCIL. The present governing body of the city or any future Council constituting the legislative body of the city.

COMPLETION OF CONSTRUCTION or COMPLETE SYSTEM CONSTRUCTION shall mean SATISFACTORILY COMPLETE and FULLY ACTIVATE. In each instance, these terms shall mean that strand has been put up and all necessary cable (including trunk and feeder cable) has been lashed, or, for underground construction, that all cable has been laid and trenches refilled, all road surfaces restored and, except as prevented by weather conditions or delayed because of seasons, landscaping restored; that all amplifier housings and modules have been installed; that power supplies have been installed; that construction of the headends or hubs has been completed and all necessary processing equipment has been installed; and that any and all other construction necessary for the cable system to be ready to deliver cable service to subscribers has been completed. Final balancing shall have been conducted on each otherwise completed segment of the cable system before direct marketing of that segment begins. It is expected that segments of less than the entire cable system will be activated and final balanced when completed. Construction of any segment or of the entire cable system will not be considered complete until final balance has been conducted on such segment (or in the case of the entire cable system, until final balancing and proof of performance tests have been conducted on all segments of the cable system) and any problems found during testing have been corrected. The term completion of construction does not include marketing and installation of subscriber service.

FEEDER or DISTRIBUTION PLANT. Those cables, active and passive components, that extend from the trunk specified local distribution connection points to the subscriber tap device.

GROSS REVENUES. All cash, credits, property of any kind or nature or other consideration received as if on a cash basis directly or indirectly by a licensee, its affiliates, subsidiaries or parent and any person, firm or corporation in which a licensee has a financial interest or which has a financial interest in a licensee, arising from or attributable to the licensee’s operation of its cable system within the city, including, but not limited to:

(1) Revenue from all charges for cable services provided to subscribers;

(2) Revenue from all charges for the insertion of commercial advertising upon the cable system subject to the provisions in subsection (7) below;

(3) Revenue from all charges for the leased use of studios;

(4) Revenue from all charges for the installation, removal, connection and reinstatement of equipment necessary for a subscriber to receive cable services;

(5) Revenue from the sale, exchange, use or cablecast of any programming developed for community use or institutional users;

(6) Revenue or value received by a licensee (or any of its affiliates, subsidiaries or parent) through advertising, except cooperative advertising;

(7) (a) And any other income derived from the cable system. Gross revenues shall not include taxes collected by licensee on behalf of any governmental authority; any increase in the value of any stock, security or asset; the value of complimentary service provided to licensee’s employees and as required by this chapter or any license; and dividends or other distributions made in respect of any stock or securities.

(b) When a licensee (or an affiliate, subsidiary or parent) holds one or more other cable television licenses in Maricopa County, then gross revenues shall include the following percentage of revenues derived from joint local regional advertising or production of video programming within all Maricopa County license areas shall be allocated pro rata to the city based on the ratio of the number of subscribers of licensee in the city to the total numbers of subscribers of licensee (or an affiliate, subsidiary or parent) in all the jurisdictions in Maricopa County in which licensee (or an affiliate, subsidiary or parent) holds a cable license.

(c) Notwithstanding the foregoing, GROSS REVENUES shall include cash, credit, property of any kind or nature or other consideration received by a licensee’s affiliates, subsidiaries, parent or any person, firm or corporation in which a licensee has a financial interest or which has a financial interest in a licensee only:

1. When they would be gross revenues if the licensee received them directly; and

2. When and to the extent the person or entity which receives the gross revenues is entitled to receive them because of a transaction with the licensee which was not made at arms length and which is not commercially reasonable. The licensee shall notify the city when a third party is providing services over the cable system.

INITIAL ACTIVATION OF CABLE SERVICE. With respect to a particular segment (as defined in any license issued hereunder), or with respect to a group of segments or the entire cable system, as the case may be, that all proposed cable services and cable system capabilities as stated in the license are available or in place, construction has been completed (see above definition of construction) and the completed segment or segments in question or the entire cable system, as the case may be, have been activated.

INITIAL LICENSE. A license sought by, or granted to, a person who does not hold a license.

LICENSE. Any authorization granted under this chapter in terms of a privilege, permit, license or otherwise to construct, operate and maintain a cable system in the city, including initial licenses and renewal licenses (as hereinafter defined). Any such authorization, in whatever term granted, shall be nonexclusive and shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city.

LICENSEE. The person, firm or corporation to whom or which a license is granted by the City Council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation.

LOCAL ORIGINATION PROGRAMMING. Video programming locally produced by a licensee anywhere in Maricopa County, Arizona.

MINIMUM CHANNEL CAPACITY. Activated capacity of 330 megahertz or 43 channels upon initial activation of cable service.

OUTAGE. Exists whenever licensee’s cable system experiences three subscriber complaints within any 60 minute period of no picture within the same quarter section.

PERSON. An individual, partnership, corporation, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof.

PROPERTY OF LICENSEE. All property owned, installed or used by a licensee in the conduct of a cable system business in the city under the authority of a license granted pursuant to this chapter.

PROPOSAL. A submission by a qualified cable company setting forth in writing a detailed statement or statements defining the cable services to be provided to residents, businesses, industries and institutions within the city and the manner and policies pursuant to which said services will be provided, the fees for such services and the fee to be paid the city for a license.

RENEWAL LICENSE. A license sought by, or granted to, a cable company already providing cable services in the city.

SERVICE CALL. Results when service problems are reported to the licensee relating to:

(1) Any no picture complaint;

(2) A signal failing to meet FCC standards on one or more channels;

(3) Property damage by licensee’s employees or authorized contractors; or

(4) Problems associated with in house cable equipment owned by licensee.

STANDARD DROP. A cable connection which requires no more than a 150 foot drop measured from the nearest point of a subscriber’s home or place of business to the nearest active tap on the cable system and involves only one outlet and standard materials and does not involve a wall fish. In addition, a STANDARD DROP shall exclude custom installation work, including specific subscriber requested work that requires non standard inventory or cable routing requiring construction methods exceeding reasonable underground or aerial work.

STREET or PUBLIC STREET. Only a street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive which is owned by a public entity in fee or as to which a public easement has been dedicated for street purposes, and with respect to which, and to the extent that the city has a right to grant the use of the surface of and space above and below in connection with a license for a cable system or other compatible uses.

SUBSCRIBER. Any person or entity receiving for any purpose the cable service of a licensee’s cable system.

TRUNK or MAIN LINE PLANT. A transportation cable, active and passive components, connecting the headend or hub (the origin of signal) with specified local distribution connection points.

USER. A party utilizing a cable system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt in a subscriber capacity.

(Prior Code, § 17-1-3)