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5.08.020 Definitions.
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For the 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 include the singular, and words in the singular include the plural. Words otherwise not defined shall be given their common and ordinary meaning. The word “shall” is always mandatory and not merely directory.

“Applicant” means any person or entity that applies for an initial franchise.

“Cable Act” means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and as any of them may be amended.

“Cable Operator” means any person or group of persons, including a franchisee, who provide(s) 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 control(s) or is (are) responsible for, through any arrangement, the management and operation of such a cable system.

“Cable Service” means the one-way transmission to customers of video programming or other programming service, and customer interaction, if any, which is required for the selection or use of such video programming or other programming service.

“Cable System” means any 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 customers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves customers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a cable system [other than for purposes of Section 621(c) (47 U.S.C. 541(c)] to the extent such facility is used in the transmission of video programming directly to customers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with federal statutes and regulations; or (E) any facilities of any electric utility used solely for operating its electric utility systems.

“City” means the City of Snohomish, a municipal corporation of the State of Washington, and all of the area within its boundaries, as such may change from time to time.

“City Council” means the Snohomish City Council, or its successor, the governing body of the City.

“Customer” means any person who or which elects to subscribe to, for any purpose, cable service provided by a franchisee by means of or in connection with the cable system, and whose premises are physically wired and lawfully activated to receive cable service from franchisee’s cable system.

“Customer Service Representative” or “CSR” shall mean any person employed by the cable operator to assist or provide service to customers; whether by answering public telephone lines, answering customers’ questions, or performing other customer service related tasks.

“Customer Service Standards” means those customer service standards set forth herein and as hereafter amended that are applicable to cable operators.

“FCC” means the Federal Communications Commission.

“Franchise” means an agreement that authorizes a person or entity to construct, operate, maintain, or reconstruct a cable system. Upon the written acceptance by a franchisee, the agreement constitutes a contract between the City and franchisee.

“Franchise Area” means the area within the jurisdictional boundaries of the City to be served by a franchisee as specified in the franchise.

“Franchisee” means the person, firm, corporation, or entity to whom or which a franchise, as hereinabove defined, is granted by the City Council under this chapter and the lawful successor, transferee, or assignee of said person, firm, corporation, or entity.

“Normal Business Hours” shall mean those hours during which most similar businesses in the City are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.

“Normal Operating Conditions” shall mean those service conditions that are within the control of the cable operator. Those conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, and severe or unusual weather conditions. Those conditions that 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.

“Right-of-Way” or “Rights-of-Way” means all of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and are located within the City: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property and areas.

“Service Interruption” shall mean the loss of picture or sound on one or more cable channels.

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