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09/24/2012 Sec. 11.73 Definitions. For purposes of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. Unless otherwise expressly stated, words not defined in this Article, including but not limited to "gross revenue", "cable service", "video service provider" and "video service" shall be given the meaning as set forth in Article 1, Chapter 1 of this Code Chapter 1 or in the Digital Infrastructure and Video Competition Act of 2006, California Public Utilities Code, section 5800 and following, as amended from time to time. "Applicant" means any person submitting any application required under the California Public Utilities Code, section 5800, and following. "Applicable law" means all lawfully enacted and applicable Federal, State and City laws, ordinances, codes, rules, regulations and orders as the same may be amended or adopted from time to time. "City Engineer" means the City Engineer or his or her designee. "City Manager" means the City Manager of the City or his or her duly authorized designee. "Construction," and similar formulations of that term mean the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and tree trimming. "DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, California Public Utilities Code, section 5800, and following, as may be amended from time to time. "PEG" means public, educational, or governmental access. "State franchise" means a franchise issued by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in DIVCA, within any portion of the City. "State franchise holder" means a person who holds a state franchise. "Subscriber" means the City or any person who legally receives any cable service or video service from a state franchise holder delivered over that state franchise holder's network. Sec. 11.74 State franchise fees. A. Any state franchise holder operating within the City shall pay to the City a state franchise fee equal to five percent (5%) of the gross revenues of it, or any affiliate, that is subject to a franchise fee under California Public Utilities Code Section 5860. B. The City Manager shall promptly send any state franchise holder that notifies the City that it intends to provide video service in the City a copy of this Ordinance and a notice designating the person to whom the state franchise fee payments should be made. ATTY/ORD.360/DIVCA(CH 11 ART III) ORD.2387 REV:07-16-12 PT Page 3 of 7 FOMERLY MUFF#305