Chapter 31.04


31.04.010    Rules of construction.

31.04.020    Defined terms.

31.04.010 Rules of construction.

(a)    For the purposes of this title, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in the Kirkland Cable Ordinance (Title 30), and, if not defined therein, the meaning set forth in Title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning.

(b)    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; the masculine gender includes the feminine gender, and vice versa.

(c)    The words “shall” and “will” are mandatory, and “may” is permissive. (Ord. 4207 § 1 (part), 2009)

31.04.020 Defined terms.

(a)    “Cable operator” shall have the meaning given that term in 47 U.S.C. 522(5) or any successor provision.

(b)    “City” means the city of Kirkland.

(c)    “Complaint” means an initial or repeated customer expression of dissatisfaction, whether written or oral, or other matter that is referred beyond a customer service representative or to the city for resolution. This does not include routine inquiries and service requests.

(d)    “Customer service representative” or “CSR” means any person employed by the cable operator to assist or provide service to customers, whether by answering telephone lines, answering customers’ questions, or performing other customer service-related tasks.

(e)    “Nonstandard installation” means any installation other than a standard installation, as that term is defined in subsection (i) of this section.

(f)    “Normal business hours” means those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include evening hours at least one night per week and/or some weekend hours.

(g)    “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 peak or seasonal demand periods, and maintenance or upgrade of the cable system.

(h)    “Service interruption” means the loss of picture or sound on one or more cable channels.

(i)    “Standard installation” means an installation to subscriber premises that are located up to that distance from the existing distribution system specified in a franchise agreement as included in the normal charge for installation, or, if no such distance is specified in a franchise agreement, up to one hundred twenty-five feet (the “standard drop length”).

(j)    “Subscriber” shall mean any person who lawfully receives or will receive cable service from the cable operator.

(k)    “System outage” shall mean any service interruption affecting all channels.

(l)    The term “written” shall include electronic documents. (Ord. 4207 § 1 (part), 2009)