Section 4.70.600 Definitions.

The following terms when used in this Article shall have the meanings specified in this section:

1. "Basic Cable Rates" means the monthly charges for a subscription to the basic service tier and the associated equipment.

2. "Basic Service Tier" means a separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all must-carry signals, all PEG channels, and all domestic television signals other than superstations.

3. "Benchmark" means a per channel rate of charge for cable service and associated equipment which the FCC has determined is reasonable.

4. "Cable Act of 1992" means the Cable Television Consumer Protection and Competition Act of 1992.

5. "Cable Operator" means any person or group of persons:

a. Who provide cable service over a Broadband Telecommunication Networks and directly or through one or more affiliates owns a significant interest in such a cable system; or

b. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Broadband Telecommunication Network.

6. "Channel" means a unit of cable service identified and selected by a channel number or similar designation.

7. "Cost of service showing" means a filing in which the cable operator attempts to show that the benchmark rate or the price cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital.

8. "Initial basic cable rates" means the rates that the cable operator is charging for the basic service tier, including charges for associated equipment, at the time the city notifies the cable operator of the city's qualification and intent to regulate basic cable rates.

9. "Must-carry signal" means the signal of any local broadcast station (except superstations) which is required to be carried on the basic service tier.

10. "PEG Channel" means the channel capacity designated for public, educational, or governmental use, and facilities and equipment for the use of that channel capacity.

11. "Price cap" means the ceiling set by the FCC on future increases in basic cable rates regulated by the city, based on a formula using the GNP fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation.

12. "Reasonable rate standard" means a per channel rate that is at, or below, the benchmark or price cap level.

13. "Superstation" means any nonlocal broadcast signal secondarily transmitted by satellite. (Ord. 93/U-1502)