§ 5.104.020. Definitions.

For the purposes of this chapter, the following words, terms, phrases, and abbreviations and their similar formulations shall have the meanings given them in this chapter. Words not defined in this chapter, shall have the same meanings as established in (1) DIVCA, and if not defined therein, (2) California Public Utilities Commission rules promulgated thereunder, and if not defined therein, (3) their common and ordinary meaning.

(a)

"Access", "PEG access", or "PEG use" means the availability of cable system or video service provider network capacity for public, educational, or governmental use by various agencies, institutions, organizations, groups, individuals, including County and its designated access providers, to acquire, create, and distribute programming not under a cable operator's or video service provider's editorial control, including, but not limited to:

1.

"Public access" or "Public use" means access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary or designated programmers, or users having editorial control over their programming;

2.

"Educational access" or "Educational use" means access where accredited educational institutions are the primary or designated programmers or users having editorial control over their programming; and

3.

"Governmental access" or "Governmental use" means access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming.

(b)

"Cable Coordinator" means the County Manager or the individual or individuals designated by the County Manager to administer oversight of county franchisees or state franchisees in unincorporated San Mateo County.

(c)

"Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system or the network of a video service provider and which is capable of delivering a television signal, whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals.

(d)

"County" means the government of the County of San Mateo, a chartered county and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.

(e)

"Board" means the County Board of Supervisors.

(f)

"Commission" means the California Public Utilities Commission.

(g)

"County Franchise" means any cable and/or video franchise issued by the County through an agreement between the County and a provider on or before January 1, 2007.

(h)

"DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, Assembly Bill 2987 (Ch 700, Stats 2006), and as that Act may hereafter be amended.

(j)

"EAS" means Emergency Alert System.

(k)

"FCC" means the Federal Communications Commission.

(l)

"Person" includes any natural person, association, company, corporation, limited liability company, limited liability partnership, limited partnership, joint stock company, partnership, trust, or any other legal entity, but not the County.

(m)

"PEG" means public, educational and governmental access.

(n)

"Public rights-of-way" means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the unincorporated areas of the County which may be properly used for the purpose of installing, constructing, operating, maintaining, and repairing a cable system or a video service provider's network; and any other property that a county franchisee or state franchisee is entitled by California or Federal law to use by virtue of the grant of a county franchise or a state franchise.

(o)

"Public property" means any property that is owned or under the control of the County that is not located in the public rights-of-way, including, for purposes of this chapter, but not limited to, buildings, parks, and pole structures, such as utility poles and light poles, or similar facilities or property owned by or leased to the County.

(p)

"State franchisee" means any cable operator or video service provider that, pursuant to DIVCA, has been granted a state franchise to provide cable or video service by the Commission and whose video service area includes all or any part of the unincorporated limits of the County.

(q)

"Video service provider" has the meaning set forth in DIVCA and, in addition, refers collectively to any cable operator, video service provider or Open Video Service (OVS) operator as defined in DIVCA.

(r)

"Material Breach" is defined as set forth in DIVCA Section 5900.

(Ord. 04453, § 1, 12/9/08)