Title 13 - Streets and Sidewalks

13.50 Cable Services Code

Article I . General Provisions

13.50.100 Defined Terms.

For purposes of this Code, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

  1. I.
    Cable Internet Services means the offering of direct access by a Cable System to the international computer network of both federal and non-federal interoperable packet switched data networks to customers for a fee.  For purposes of this Code, Cable Internet Service shall mean the direct access to the Internet provided to customers over the Cable System and shall include the provision of incidental services and such other revenues that are required by applicable law to be treated under the same regulation as such direct access service, but not including revenue from independent services such as Internet web design or Internet web hosting or the sale of  modems for Cable Internet Services. Except as may lawfully be required by the City or otherwise dictated by applicable law, all Franchises granted hereinafter shall authorize use of the Rights-of-Way for Cable Internet Service only pursuant to a Cable Franchise.  Pending any legally binding determination to the contrary, all payments made to the City prior to the date of such determination attributable to such Cable Internet Service under a Cable Franchise shall be irrefutably deemed to be lawful compensation for the past use of the City's Rights-of-Way.

Effective on: 1/1/1901