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6.52.030
<br />of the city of Pleasanton.
<br />G. "Franchise" means an initial au-
<br />thorization, or renewal thereof, issued
<br />by the council, whether such authoriza-
<br />tion is designated as a franchise, per-
<br />mit, license, resolution, contract, certif-
<br />icate, agreement, or otherwise, which
<br />authorizes the construction or operation
<br />of a cable system. Any such authoriza-
<br />tion, in whatever form granted, shall
<br />not supersede the requirement to obtain
<br />any other license or permit required for
<br />the privilege of transacting business
<br />within the city as required by the other
<br />ordinances and laws of the city.
<br />H. "Franchise agreement" means a
<br />franchise grant ordinance or a contrac-
<br />tual agreement, containing the specific
<br />provisions of the franchise granted,
<br />including references, specifications,
<br />requirements and other related matters.
<br />I. "Franchise fee" means any fee or
<br />assessment of any kind imposed by the
<br />city on a grantee as compensation for
<br />the grantee's use of the public rights of
<br />way for the provision of cable service.
<br />The term "Franchise fee" does not in-
<br />clude:
<br />1. Any tax, fee or assessment of gen-
<br />eral applicability (including any such
<br />tax, fee, or assessment imposed on both
<br />utilities and cable operators or their
<br />services, but not including a tax, fee or
<br />assessment which is unduly discrimina-
<br />tory against cable operators or cable
<br />subscribers);
<br />2. Capital costs which are required
<br />by the franchise to be incurred by
<br />grantee for public, educational, or gov-
<br />ernmental access facilities;
<br />3. Requirements or charges incidental
<br />to the awarding or enforcing of the
<br />franchise, including payments for
<br />bonds, security funds, letters of credit,
<br />insurance, indemnification, penalties, or
<br />liquidated damages; or
<br />4. Any fee imposed under title 17,
<br />United States Code.
<br />J. "Grantee" means any "Person" re-
<br />ceiving a franchise pursuant to this
<br />chapter and under the granting fran-
<br />chise ordinance or agreement, and its
<br />lawful successor, transferee or assignee.
<br />K. "Grantor" or "City" means the
<br />city of Pleasanton as represented by the
<br />council or any delegate, acting within
<br />the lawful scope of its jurisdiction.
<br />L. "Gross annual cable service reve-
<br />nues" means the annual gross revenues
<br />received by a grantee from the opera-
<br />tions of the cable system within the city
<br />to provide cable service utilizing the
<br />public rights of way for which a fran-
<br />chise is required, excluding refundable
<br />deposits, rebates or credits, and any
<br />sales, excise or other taxes or charges
<br />imposed externally to the franchise, and
<br />collected for direct pass through to
<br />local, state or federal government.
<br />M. "Installation" means the connec-
<br />tion of the system to subscribers' ter-
<br />minals, and the provision of service.
<br />N. "Person" means an individual,
<br />partnership, association, joint stock
<br />company, trust, corporation or govern-
<br />mental entity.
<br />O. "Public, educational or govern-
<br />ment access facilities" or "PEG access
<br />facilities" means the total of the follow-
<br />ing:
<br />1. Channel capacity designated for
<br />noncommercial public, educational, or
<br />192-1 (Pleasanton February 2002)
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