§ 5.16.110. Cable system.

"Cable system" means a 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 subscribers 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 subscribers without using, or connecting to a facility that uses, any public right-of-way within the city;

C.

A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Federal Communications Act of 1934, as amended, 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, unless the extent of such use is solely to provide interactive on-demand services;

D.

Any facilities of any electric utility used solely for operating its electric utility systems; or

E.

An OVS that complies with 47 USC Section 573 and FCC regulations promulgated thereunder.

(Ord. 12729 § 1 (part), 2006)