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For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. "Cable service" shall have the meaning given that term by the California Public Utilities Code Section 5830(c).

B. "City" shall mean the city of Petaluma.

C. "City council" shall mean the city council of the city.

D. "Encroachment" includes going upon, over or under a public right-of-way or easement or an area adjacent to a public right-of-way or easement, or using a public right-of-way or easement or an area adjacent to a public right-of-way or easement in such a manner as to prevent, obstruct or interfere with the intended use or modified use of the public right-of-way or easement and shall include excavation and disturbance, installation, construction, placement, erection and maintenance of any physical improvement (permanent or temporary) within, upon, over or under the public right-of-way or easement.

E. "Encroachment permit" shall have the meaning given that term by the California Public Utilities Code Section 5885(c)(1), which shall include any permit issued by the city pursuant to Chapter 13.04, Chapter 13.12, and Chapter 13.14.

F. "Franchise" shall have the meaning given that term by the California Public Utilities Code Section 5830(f).

G. "Franchise fee" shall have the meaning given that term by the California Public Utilities Code Section 5830(g).

H. "Gross revenues" shall have the meaning given that term by the California Public Utilities Code Section 5860.

I. "Holder" shall have the meaning given that term by the California Public Utilities Code Section 5830(i).

J. "Incumbent cable operator" shall have the meaning given that term by the California Public Utilities Code Section 5830(j).

K. "Lead agency" shall have the meaning given that term by the California Public Resources Code Section 21067.

L. "Local franchise" shall mean a cable television franchise, permitting the incumbent cable operator to own, operate, and maintain a cable system and provide cable services within the city, issued by the city prior to December 31, 2006.

M. "Material breach" shall have the meaning given that term by the California Public Utilities Code Section 5900(j).

N. "Network" shall have the meaning given that term by the California Public Utilities Code Section 5830(l), which shall include any component of a facility used to provide video service, cable service, voice, or data services that is wholly or partly physically located within, upon, over or under a public right-of-way.

O. "Public right-of-way" shall have the meaning given that term by the California Public Utilities Code Section 5830(o) and include public rights-of-way which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the serviced area such as streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property.

P. "State franchise" shall have the meaning given that term by the California Public Utilities Code Section 5830(p).

Q. "Video service" shall have the meaning given that term by the California Public Utilities Code Section 5830(s).

(Ord. 2311 NCS §2 (part), 2008.)