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(a) Definitions Generally -- Interpretation of Language. For purposes of Sections 855-1 through 855-8 the following terms, phrases, words, and their derivations shall have the meaning given in this Section. Words not defined in this Section shall have the same meaning as established in: (1) DIVCA, and if not defined therein, (2) California Public Utilities Commission rules implementing DIVCA, and if not defined therein, (3) Title VI of Title 47 of the Communications Act of 1934, as amended, 47 USC § 521 et seq., and if not defined therein (4) their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and “including” and “include” are not limiting. The words “shall” and “will” are always mandatory, but the use of those terms grants no private rights to any person with respect to the County. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.

(1) “Facilities and appurtenances” means pipes, conduits, conductors, cables, wires, mains, services, vents, vaults, cabinets, manholes, appliances, attachments, appurtenances and, without limited to the foregoing, any property, located or to be located in, upon, along, across, under or over the public right-of-way, and used or useful in conveying and/or distributing the items covered by the franchise. (Ord. 2443, § 1, 1/25/2011)

(2) “Gross revenues” means all revenues actually received by the holder of a state franchise or its affiliates that are derived from the operation of the holder’s network to provide cable service or video service within the unincorporated areas of the County. (Ord. 2443, § 1, 1/25/2011)

(3) “PEG access,” or “PEG” means the availability of a cable or state franchise holder’s system for public, educational, or governmental use by various agencies, institutions, organizations, groups, and individuals, including organizations, groups, or individual members of the general public, educational institutions, and the County and its designated access providers, to acquire, create, and distribute programming not under a state franchise holder’s editorial control. (Ord. 2443, § 1, 1/25/2011)

(4) “State franchise holder” means a cable operator or video service provider that has been issued a franchise by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in California Public Utilities Code Section 5830, within any portion of the unincorporated limits of the County. (Ord. 2443, § 1, 1/25/2011)

(Ord. 2443, § 1, 1/25/2011)