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HomeMy WebLinkAbout1994-2058 - Ordinance - 03/21/1994ORDINANCE NO 2058 A FRANCHISE ORDINANCE APPROVING THE RENEWAL AND AMENDMENT OF THE FRANCHISE AGREEMENT FOR COMMUNITY ANTENNA TELEVISION (CATV) SERVICES OF TELECABLE ASSOCIATES, INC, AND INCLUDING PROVISIONS FOR INSURANCE, REPORTS AND RECORDS, CONSUMER PRACTICES, CONSUMER PROTECTION MEASURES, CONSTRUCTION, AND CONSTRUCTION- RELATED PRACTICES, FRANCHISE FEES, AND OPERATION PROCEDURES, AND HEALTH, SAFETY, AND WELFARE MEASURES, PROVIDING AN EFFECTIVE DATE WHEREAS, Telecable Associates, Inc, the present holder of the Community Antenna Telewsion (hereinafter "CATV" or "Cable Television") franchise rights throughout the City of College Station has notified the City of ~ts desire to renew ~ts franchise; WHEREAS, Telecable Associates, Inc's (hereinafter "TCA") performance under its franchise has been sabsfactory, has substantially compl~ed w~th the material terms of the existing franchise and with applicable law, WHEREAS, the C~ty has determined that TCA's service has been reasonable in I~ght of community needs, WHEREAS, the City has determined that TCA has the ability to effectuate its franchise renewal proposal, WHEREAS, The C~ty has determined that TCA's Cable telews~on franchise renewal proposal meets the cable television related community needs and interests of the C~ty, WHEREAS, the public has had adequate notice and opportunity for comment, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL FOR THE CITY OF COLLEGE STATION, TEXAS. Section 1 Construction This ordinance shall be construed ~n light of appl~ceble Federal and State laws and regulations govermng cable telewsion Section 2 Scooe Th~s ordinance shall be effecbve within the geographical limits of the City, ~nclud~ng any areas subsequently annexed by the C~ty Ordinance No. 2058 Page 2 If any word phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining prows~ons of this ordinance, and all applications thereof, not hawng been declared void, unconstitutional, or invahd, shall remain ~n full force and effect. The Council declares that no ~nvalid or proscribed prowslon or application was an inducement to th~s ordinance, and that it would have enacted this ordinance regardless of the invalid or proscribed provision or application Section 4 Definitions (1) "Access channel" or "non-broadcast channel" means a government, education, or public channel which ~s carried on the cable system, but which is not part of any institutional network (2) "Annual gross revenues" means any and all revenues derived from the operation of the system and that are attributable to or occasioned by the grant of th~s franchise, except for revenue from the sale of Operator's equipment or revenue from advertising stuffers. However, "annual gross revenues" does not mean, any taxes imposed and/or assessed by law on subscribers (including State sales taxes, but excluding any state or local franchise fees) which a cable Operator ~s obligated to collect and pay in full to the apphceble authorities. (3) "Basic cable television service" means any service t~er which includes the retransmission of local television broadcast signals (4) "City" means the C~ty of College Station, Texas or its lawful successor (5) "FCC or "Federal Communications Commission" means the Federal administrative agency, or lawful successor, authorized to oversee cable telews~on and other multi-channel regulation on a national level (6) "Franchise fee" means a fee or charge that the City requ~ras as payment for the pr,vllege of using the streets, rights-of-way, public ways, and easements of the City in order to construct, maintain, and operate a cable television system (7) "Mult,-Channel Provider Ordinance" means ordinance number 1943 adopted February 13, 1992 (8) "Operator" means TCA, ~ts assignee or transferee Ordinance No 2058 Page 3 (9) (10) "Pay Per View Event" means the dehvery over the cable system of audio and video signals in an unintelligible form for a set fee or cover charge and above the charge for standard or basic service and ~n addition to any premium channel on a per event basis where sa~d unintelligible or unusable form ~s made intelligible for v~ewing only to subscribers paying a separate fee or charge for the viewing of the event or events. "Premium channel" means the dehvery over the cable system of audio and wdeo signals ~n an uninteihgible form to subscribers for a monthly fee or charge (over and above the charge for standard or bas,c service) on a per channel basis where said unintelligible or unusable form for viewing is made intelligible only to subscribers paying a separate fee or charge for the viewing or use of the signals. (11) "Educabonal or governmental access facilities" means (a) Channel capacity designated exclusively for governmental use; and pubhc, educational or (b) facilities and equipment for the use of such channel capacity (12) "Rate" means the monthly, bi-monthly, quarterly, semi-annual, annual, or other periodic price pa~d by a subscriber in order to receive cable service (13) "Service day'' means those days the United States Post Office delivers regular mail (typically, Monday through Saturday, excluding federal holidays) (14) "Service outage" means the loss of p~cture or sound on all basic subscriber channels, or one (1) or more auxiliary programming channels Onclud~ng tiers and pay programming), and which is not caused by the fa~lura or malfunction of a subscriber's television receiver or by the error of the subscriber Section 5 Failure of the Council to Enforce th~s Ord~nanca (1) Operator shall not be excused from complying w~th any of the requirements of this ordinance, or any subsequently adopted amendments to th~s ordmanca, by any failure of the Council on any one (1) or more occasions to seek, or insist upon, compliance w~th such requirements or provisions (2) Th~s Ordinance and the rights and respons~biht,es ~t imposes on Operator may not be un~laterally amended w~thout the prior written consent of Operator. Ordinance No 2058 Page 4 ~ Effect of Subsequent Inconsistent Resolutions and Ordinances Any Ordinance or resolution, including any amendments to the Multi-Channel Prowder Ordinance, adopted after February 13, 1992 shall not be applicable to the Operator until after the expiration of the currant franchise term. (1) Waiver of Multi-Channel Prowder Ordinance The Operator has requested, and Council has granted a total exemption or waiver from sections 15, 16, 28, 42, 43, 44, 81, 92, 94, 106, 116, 118, 119 of the Multi-Channel Provider Ordinance As such those secbons of the Multi-Channel Prowder Ordinance are ~napphceble ~n their enbraty to the Operator. (2) The Operator has requested partial relief and or clarification from sections 2, 5, 8, 10, 18, 26, 27, 29, 30, 31, 38, 39, 40, 41, 45, 47, 48, 49, 56, 57, 58, 59, 60, 61, 67, 68, 76, 77, 78, 79, 80, 82, 83, 90, 91, 93, 103, 104, 105, 107, 108, 109, 117 of the Multi-Channel Provider Ordinance. As such, to the extent that those sections of the Multi-Channel Provider Ordinance are ~n part or in whole, inconsistent w~th corresponding sections of this Ordinance then the inconsistent provisions of the Multi-Channel Provider Ordinance are deemed ,napphceble to th~s Ordinance (3) Those sections of the Multi-Channel Prowder Ordinance not granted rehef or exemption ara, subject to Secbon 6 of th~s franchise ordinance, deemed appilceble Section 8 Resolution of Inconsistencies with Federal or State Rules, Re ulations or Laws. In any case of an actual inconsistency between any provision or section of this ordinance, and any provision or section of a Federal or Texas rule, regulation, or law, then the Federal or Texas rule, ragulatlon, or law shall not only supersede the effect of the ordinance, but also control in any local application Section 9 Notices Both the Council and Operator shall provide the other party with the name and address of the contact person designated to raceive notices, filings, reports, racords, documents, and other correspondence. All notices shall be delivered to each party's contact person by certified mail, raturn raceipt raquestad, personal service w~th a signed race,pt of delivery, or overnight w~th race,pt veriflcetlon. All other filings, reports, records, documents, and other correspondence may be delivered by any permissible Ordinance No. 2058 Page 5 means including, but not limited to facsimile transmission ('~faxmg"), personal service, overnight mail or package delivery, or delivery via cable The delivery of all notices, reports, records, and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by State law) Section 10 Indemnity To the extent permitted by law, Operator shall at all times defend, indemnify, protect, save harmless, and exempt the C~ty, the Mayor, the C~ty Manager, the Council, their officers, and employees from any, and all, penalty, damage, or charges arising out of claims, su~ts, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, e~ther at law or in equity, which m~ght be claimed now or ~n the future, which may arise out of, or be caused by, the construction, erection, location, products performance, operation, maintenance, repair, installahon, replacement, removal or restorabon of the system w~th~n the City by a negligent act or omission of Operator, its agents or employees, contractors, subcontractors, ~ndependent contractors, or Implied or authorized representatives. With respect to the penalbes, damages or charges referenced here~n, attorneys' fees, consultants' fees, and expert witness fees are ~ncluded as those costs which may be recovered by the Council (2) The City, Mayor, and the Council specifically reserve the right to retain counsel of their own choice, at their own expense. (3) If Operator obtains counsel for the City, the Mayor, or the Council, then any one of them shall have the right to approve counsel, prowded however that, neither the City, the Mayor, nor the Council shall unreasonably withhold its approval of counsel (4) W~th respect to Operator's own defense of such actions, noted ~n this Section, ~t is understood, that such Operator reserves the nght to select and retain, w~thout the Council's approval, counsel of the Operator's choice, at Operator's own expense Section 11 Liab~htv Insurance (1) Operator shall secure and maintain, for as long as ~t provides service to subscribers, public liability, property damage insurance, and umbrella coverage in at least the following amounts (a) Public habihty $2,000,000 O0 per person/per occurrence; (b) Property damage' $2,000,000 O0 per any one (1) claim; and Ordinance No 2058 Page 6 (c) Umbrella liability' $4,000,000.00 with up to a $50,000 00 deductible and/or base insurance (2) (3) (4) Operator's pubhc and personal liability and property damage insurance policy shall specifically include the City, the Mayor, the Council as additional insured The public and personal hab~lity and property damage insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the State, and which has one (1) of the three h~ghest or best ratings from the Alfred M. Best Company The public hab~hty and property damage insurance pohcy shall contain an endorsement obligating the insurance company to furnish the Council with at least thirty (30) days wntten notice in advance of the cancellation of the insurance (5) If the State permits Operator to self-~nsure, then Operator may exercise ~ts right to self-insure, so long as the minimal amounts of insurance coverage outlined in this Section are met and maintained for the enbre penod that the Operator ~s self-insurad. Section 12 Fu~n,shin of Re orts. (1) Operator shall t~mely submit those reports, statements, and logs required by th~s franchise (2) Copies of renewal or replacement insurance pohcies or certificates shall be delivered to the franchising authority at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace ~ Books and R cords. (1) Operator shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with the system (2) The Council shall have the right to rav~ew at Operator's local office all records, pertaining to Council's regulation of Operator's cable operations in the City, on seven (7) days written notice. Such review, unless mutually agreed upon, or judicially ordered, should occur w~thin Operator's regular office hours (3) The Council shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of Operator If after a financial audit it ~s determined that Operator has underpaid amounts owed to the C~ty ~n excess of two percent (2%), Ordtnance No 2058 Page 7 (4) then the City may require Operator to reimburse the City for the actual cost of the audit Absent fraud, however, all audits shall be binding on the C~ty A falsification of an entry into the books and/or records of Operator, made by Operator, of a material and substantial fact shall constitute a material violahon of th~s ordmnance However, an erroneous entry, made In good faith, shall not constitute a violation of this ordinance. (5) Operator, at the local office shall keep complete and accurate books and records of the key aspects of the system's operation in the C~ty for at least the preceding three (3) years ~n such a manner that all matters pertaining to the City, can be easily produced and/or verified at the City's request Also, Operator shall make available, on 7 day advance written notice, those records that pertain to its operation of the system that may be required by any other Federal or State agency having jurisdiction over cable Operators Provided, however, that with respect to the obligation to maintain financial records, Operator shall only be required to maintain the financial records required by federal law. Section 14 Notification of Customers and Operators' Riohts and Responsibilities; General Policy (1) (2) In order to provide customers with the vanety of information needed to make an informed decision, and to ensure that customers are notified of their, and the Operator's rights and responsibilities w~th respect to the system, Operator shall provide customers with a written "Notice of a Customer's and Operator's R~ghts and Responslbil~bes" Unless expressly prohibited by the State, Operator may comply w~th the "Notice" requirements by providing said "Notice" through newspaper publication or over the cable system, on a channel clearly designated for the dissemination of such information -- (such a channel need not be solely designated for d~sseminahon of such information, and may, in fact, be used at other times for any lawful purpose) Section 15 Notice of Customer's and Operator's Rll:lhts and Res~3onsib~l~ties, Minimum Contents (1) At the time Operator is required to furnish a "Notice", such "Notice" should contain the following (a) (b) an up-to-date listing of services provided, notlflcetion of a subscriber's ability to purchase or lease, from the Operator, a lock box, parental control mechanism, or other device which will prohibit the viewing of a particular program service during a period selected by the subscriber; Ordinance No. 2058 Page 8 (c) (d) (f) (g) (h) a listing and explanation of rates and charges credit refund policy, connection and involuntary d~sconnection pohcies; the complaint resolution procedures (e)a hst~ng and explanation of billing options available (such as monthly, quarterly, or yearly, and/or discounts for pre-payments), the customer service office hours and telephone number(s); the method of securing a voluntary d,sconnection, and the equipment use and return policy together with any reequ~red security deposits (2) (3) The "Notice" shall be written in plain, simple understandable English The "Notice" may be dehvered to a subscriber via an insert in the subscriber's periodic invoice, through a special mailing, by newspaper or publication or over a channel clearly designated for the dissemination of such ,nformaben. Section 16 (1) (2) ~8ct~ces Whenever there ~s a change in Operator's b~lhng practices or payment requirements, Operator shall notify subscribers not less than thirty (30) days prior to the effective date of such bllhng practices or payment requirements. In any case where a subscriber requests a cancellation or reduction of service within thirty (30) days after the notiflcetmn of a scheduled rate or charge adjustment, then the subscriber's liabll,ty for the newly ~mplemented rate or charge shall cease from the moment that the rate or charge adjustment becomes effective B,Ihng Credit or Refunds for Service Outa;les, Interruobens. Substandard SiRnal or Picture Qual,ty or Unsolicited Service Operator shall, upon request by a subscriber, provide that subscriber with a pro- rata credit for a service outage or interruption exceeding one service day in duraben, provided that the outage is not caused or ~s not a result of matters beyond the ~mmediate control of Operator. Section 18 Customer Service Hours; C~_pehilities of Customer Serwce Office, and Telephones. (1) Operator shall maintain a customer service office which ~s easily accessible to customers. (2) The customer service office shall be open at least forty (40) hours per week (exclusive of holidays) Ordinance No 2058 Page 9 (3) (4) (5) The customer service office should have an adequate and knowledgeable staff in order to handle the vast majority of customer service ~nqulries, specifically including, but not limited to billing inquiries, refunds, service outages, equipment service and repair, payment of b~lls and other charges. Operator shall maintain at least one (1) toll-free or local telephone number to accommodate normal bus~ness inquiries and Operator shall maintain a (24) hour toll-free or local telephone number to receive cells concerning repair of equipment and extended interruption of service Dunng any hours that the customer service office is open, Operator will make available in-house personnel to address a customer's ~nqulries During other hours, a telephone may be manned by an automatic answering dewce Operator shall not be required to make in-person telephone contacts to subscribers at a rate which exceeds s~xty (60) calls per hour, and shall not be required to make such cells between the hours of 10'00 p m and 9:00 a m. Operator shall have adequate staff and/or extension lines (except during special marketing promotion periods, peak bllhng cycles, and service outages) ~n order to handle cells to the general information number to the following specifications (a) (b) Section 19 (1) (2) Eighty-five percent (85%) of all customer calls received in a year shall be answered within three (3) minutes by a representative of Operator, or by a device that is capable of complaint resolution; and The rate of abandoned calls shall be less than five (5%) percent over a year's period of time "Abandoned calls" shall in no event be deemed to include calls in which the caller hangs up within forty-five (45) seconds of making the call Preferential or Discriminatory Practices Prohibited. Operator shall not, as to rules, regulations, rates, charges, provision of service, or use of facilities and equipment, make, allow, or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage on the basis of age, race, creed, color, sex, national origmn, handicap, religious affiliation or location of residence Operators shall not deny cable service, or the extension of cable service, to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides (3) This Section, however, does not prohibit Operator from offering a promotional or incentive discount rate or charge. Ordinance No 2050 Page 10 (4) This Section does not prohibtt Operator from denying service based on location of residence, if that residence is outside the parameters for line extension as detailed herein (5) This Section, does not prohibit Operator from denying service to a subscriber who is more than thirty (30) days delinquent in the payment of any service bill (6) This Section does not prohibit Operator from implementing a no-frills service tier for "lower income", and/or fixed income individuals. (7) This Section does not prohibit Operator from making agreements or entering into service agreements with multiple dwelhng unit owners or commercial establishments (including hotel, motel, apartments, fraternities, sororities, and mobile park owners) to prowde service under a bulk b~lling or other type of arrangement (8) City acknowledges that Operator's current practices, as of the date of this renewal, under its existing franchise are in compliance with this Section and with Section 621 of the Cable Act Section 20 Use of Equipment, Return of Equipment, Security Deposits, (1) Operator may charge an appropriate secunty deposit provided that it shall comply with any, and all, applicable State rules concerning the imposition, retenbon, and return of security deposits and does not exceed the cost of replacement plus recovery. (2) Operator may charge an appropriate security deposit, which does not exceed twice the monthly fee, in those instances where a customer is re-connected after an involuntary disconnection for non-payment or prior history of unsabsfactory payment (3) Operator shall return a secunty deposit after the equipment is satisfactorily returned, or the subscriber maintains a satisfactory payment h~story (which is determined as no payment dehnquencles within the preceding twelve (12) month period) (4) A customer shell totally and fully reimburse Operator for any damage or loss to any of Operator's equipment that is due to the customer's failure to properly maintain and operate such equipment (5) A customer shall be relieved from any responsibility for reimbursing Operator for the repair of equipment which malfunctions or does not operate due to a hidden or latent defect in the equipment, or for equipment which fails to operate, or Ordinance No. 2058 Page 11 improperly operates due to natural occurrences conditioned by the normal wear and tear of such equipment, however, customer shall still be obligated to return said equipment to Operator otherwise undamaged Section 21 Service Loas (1) Operator shall be required to keep and maintain service logs, subject to any limitations imposed by State or Federal law, including any subscriber privacy limitations. (2) The purpose of the service logs is to assist the City in assessing (in the aggregate) the type, degree, and resolution of customer service requests, inquiries, and complaints (3) In addition to any other right of inspection that the Council may possess, it shall have the right to rewaw and inspect a compilation of such logs Provided that Operator shall have no obligation to retain any log for more than three (3) years However, the Council shall not have the right of access, rewew, or inspection for any service logs or any information contained within service logs that are otherwise protected from access, rev~aw, or inspection by State or Federal law (4) This Section does not require Operators to maintain service logs on scheduled installations upgrades and changes of service Section 22 Restoration of a Subscnber's Property (1) At any time Operator disturbs the yard, residence, or other real or personal property of a subscriber, Operator shall ensure that the subscriber's yard, residence, or other personal property ~s returned, replaced, and/or restored to a condition that is sufficiently comparable to the condihon that existed prior to the disturbance. (2) The costs associated with both the disturbance and the return, replacement, and/or restoration shall be borne by Operator (3) The requirements imposed upon Operator shall extend to any subcontractor or independent contractor that Operator might employ to perform the tasks outlined in this Section. (4) Provided, however, Operator has the authority and responsiblhty to diligently trim trees of a private property owner (including a subscriber) which overhang or intrude into rights-of-way or easements, but only to the extent necessary to prevent the branches of the trees from coming in contact with Operator's cable television facilities or otherwise protect said faclhhes Ordinance No 2058 Page 12 Section 23. Service Requests, Complaints, and Response T~mes (1) Except in times of a natural or man-made emergency, or an appointment scheduled with the mutual consent of a subscriber, Operator shall respond to the service requests, and complaints of subscribers, within Operator's normal business or service hours, and within the time schedules detailed in this Section Provided, however, this requirement shall not apply to requests for installation of service. Moreover, except in emergency sltuabons, Operator shall inform the customer whether the service cell is scheduled for the morning, afternoon, or evening hours. If the service call has to be canceled or rearranged, unless the subscriber decides otherwise, Operator shall make every effort to notify the customer as soon as possible, and to re-schedule the service call (2) In the case of a signal or service interruption, Operator shall respond to, and make repairs as are necessary and are capable of being made, to resume the signal or service to the subscriber within twenty four (24) hours from the time Operator first receives notlficabon of the signal or service interruption (3) In the case of a "blank" or "no-picture" situation of any given level of billing or service (except for pay-per-view events), Operator shall respond to, and make repairs as are necessary and are capable of being made, to return the service w~thin twenty four (24) hours from the time Operator first receives notification of the "blank" or "no-picture" situation (4) In the case of a defective, improperly operating, or non-operating piece of equipment, Operator shall respond to, and make repairs as are necessary and are capable of being made,to correct the problem within forty-eight (48) hours from the time Operator first receives notification of the defective, improperly operating, or non-operating piece of equipment (5) In no case shall a subscriber's service request or inquiry go un-responded or unattended to for more than one service day from the time Operator first receives notification of the service inquiry or request Moreover, except in emergency situations, Operator shall handle or correct all requests within forty- eight (48) hours from the time Operator first receives notification If a cancellation of a service call occurs, then Operator shall use ~ts best efforts to re-schedule the cell in a manner consistent with the guidelines expressed in this Section. (6) In case of a dispute concerning the precise time that Operator received notlflceflon, or the precise circumstances surrounding the Operator receiving the not~cebon, or whether notification was received at all, the Council shall reserve the right and authority to settle such a dispute, provided, however, that Operator's regular business records shall be deemed clear evidence Ordinance No 2058 Page 13 (7) In the case of repair to a piece of equipment in a subscriber's residence, or repair to the cable (coaxial, fiber or function equivalent), the repair should be completed, and the situation resolved, at the conclusion of the first sen/ica wslt If the repair is not completed and resolved within three (3) visits, and if as a result of the insufficient repair, a situabon remains wherein there is a visually or audibly detected degradation of a multi-channel signal, then the Operator must immediately, and completely either replace all drop cable (coaxial, fiber or its functional equivalent), or isolate and correct the source of signal degradation in order to rectify the situation. (8) Provided, however, Operator may rank order service calls in order of severity Total outages will take precedence over area outages, area outages take precedence over a single home, and a multlchannel problem takes precedence over a single channel problem Section 24 Operator Required to Maintain Sufficient Reoair Parts and Sufficient Reoair Personnel (1) Except in t~mes of a natural or man-made emergency, Operator shall at all times, have access to, and be able to secure, sufficient maintenance and repair parts and equipment for the system, so that Operator can respond to, and correct, all subscriber service interruptions within the time periods specified in th~s ordinance (2) Except in times of natural or man-made emergency, including severe weather conditions, or strike, Operator shall have sufficient maintenance and repair personnel, so that Operator can respond to, and correct, subscriber service interruptions within the time periods specified in this ordinance. (3) Notwithstanding the other requirements and provisions contained in this Section, Operator shall maintain at least one (1) service technician on call twenty-four (24) hours per day. (4) Operator will keep copies of ~ts training records at ~ts office and shall make them available to the City upon request ~ectlon 25 New Installations. Connectlons-Re.qular, Promotional, Seasonal, Short-Term, and Pay-Per-View, Re-C(,~nnections During non-rush periods new installations, promotional, short-term, or seasonal connections, re-connections, and upgrades of serwce by Operator shall be performed and completed within seven (7) days of a customer requesting such, if Ordinance No 205B Page 14 cable is built to the home During rush periods new installations, promotional, short-term, or seasonal connections, re-connections, and upgrades of service by Operator shall be performed and completed w~thln fourteen (14) days of a customer requesting such, ~f cable is built to the home (2) Wh~le Operator may charge a customer for ~nstalling, connecting, or re- connecting service, such charge must be explained to customers (3) In the case of a promotional, or seasonal connection, any limitations, or restrictions should be explained prior to the promotional, or seasonal connection. (4) Operator may charge an appropriate re-connection charge or require a security deposit, in those instances where a customer is re-connected after an involuntary disconnection for non-payment or a prior history of unsatisfactory payment (5) For purposes of this section "rush period'" shall be defined as the period of time commencing 15 days prior to the start of undergraduate classes (for each semester, trimester or quarter as the case may be) at Texas A&M University and extending to 15 days after the start of undergraduate classes (for each semester, trimester or quarter as the case may be) at Texas A&M Umvers~ty Section 26 Disconnection for Non-Payment. A subscriber shall be considered delinquent in payment if payment is not made within ten (10) days after receipt of the bill Operator shall not disconnect service prior to 30 days after a subscriber's receipt of the unpaid bill, however, Operator may charge a late fee for any payment which has not been made after the 30th day from receipt. (2) Before disconnection of a subscriber's service (either physically or electronically) takes place, the following must occur' (a) the subscriber must in fact be delinquent in payment of service; and (b) at least five (5) days have elapsed after a separate written notice of impending disconnection has been personally served upon the subscriber; or (c) at least eight (8) days have elapsed after mailing a separate written notice of impending disconnection to the subscriber; or (d) at least five (5) days have elapsed after the subscnber has e~ther signed for or, refused to accept, a separate written notice of impending disconnection Ordinance No 2058 Page 15 (3) The wr,tten notice of d~sconnection must expressly and clearly state the amount that is owed by the subscriber to Operator, the minimum amount required to be paid to avoid disconnection, and the date and place where such payment must be made (4) Receipt of a dishonored check from a subscriber, in response to a written notice of disconnection, does not constitute payment, and the Operator need not give the subscriber further notice prior to disconnecting service. (5) Operator may add a reasonable collection charge, subject to apphcable state regulations, to the subscriber's bill (6) Any refund due a subscriber after such a disconnection shall be made within sixty (60) days of the d~sconnection for non-payment Section 27 Voluntary Disconnections and Downorades At any time, a subscriber, who does not have a separate contract with the Operator, may request that a particular service tier, pay channel, premium channel, informational service, or the entire service be disconnected. (2) A subscriber may request a downgrade from a particular level of service to a less comprehensive level of service, or a less expensive level of service (3) From the date that such a subscriber makes such a request for e~ther a disconnection or downgrade, the Operator shall have seventy-two (72) hours or three (3) serwce days, whichever is longer, to disconnect or downgrade the servIce tier, pay channel, premium channel, informational service, or entire service. In the event that Operator does not disconnect or downgrade service w~thln this period, a subscriber's obligation to pay for such service shall cease, or in the case of a downgrade, a subscriber's obhgation to pay for the more comprehensive and/or higher priced service shall cease seventy-two (72) hours or three (3) service days, whichever is longer, from the date of the customer request (4) For a service tier, premium channel or informational service which is voluntarily d~sconnected, a subscriber shall pay a pro rata share of the monthly rate for such serwce tier, premium channel or informational service. (5) Once a valid connection to a pay-per-view event occurs, then the Operator may collect the full advertised or quoted rate, should the customer then attempt to disconnect the pay-per-view event. (6) Prowded that, Operator does not have to make a tnp or add additional equipment to the subscribers location to perform a change in service, no Ordinance No 2058 Page 16 separate disconnect or downgrade charge may be passed onto a subscriber if it chooses to take advantage of a lower-priced or less comprehensive sen/ice tier However, to prevent subscriber abuse of this voluntary disconnection, or downgrade policy, a subscriber shall be charged a minimum one (1) months full rate for any one service tier which is disconnected and/or downgraded at least three (3) times within a span of one hundred eighty (180) days (7) If Operator's equipment Is, or has been damaged by a subscriber, prior to disconnection, then Operator may charge the subscnber with the entire cost for such damage, provided that Operator notify the subscriber within thirty (30) days of the disconnection. A subscriber shall not be required to pay for equipment failure, if the circumstances fall within the normal wear and tear guidelines established in this ordinance. (8) Any refund due a subscriber after disconnection (both for non-payment and voluntary) shall be made within sixty (60) days after such disconnection. Section 28 Resolution of Complaints In the event of a subscriber complaint, the complaint will be handled as follows (a) Operator shall have the initial response to a complaint occur no later than one service day after receipt of the complaint, (bi every attempt will be made to resolve the complaint within seventy-two (72) hours or three service days, which ever is longer, after receipt of the complaint, and (c) complaints that fall into the category of service inquiries shall abide by the procedure set forth in this ordinance; Section 29 Continued Use of Individual Antennas Protected No person shall be required to receive cable service, or to physically connect to the cable system Section 30 Construction of Good (;:luality During any phase of construction, installation, maintenance, and repair of the system, Operator shall use materials of good and durable quality and all such work shall be performed in a safe, thorough, and reliable manner Ordinance No. 2058 Page 17 Section 31 Continuity of Multi-$hannel Service In any situation which threatens the City and subscnbers with the loss of interruption in the continuity of multi-channel service, then the Operator shall provide the C~ty with at least forty-five (45) days notice (except in extreme circumstances) prior to the effective date of any action which would cause a loss or interruption in the continuity of multi-channel service The purpose of the notice is to apprise the City of the possibility of such loss or interruption in the continuity of multi-channel service, so that it might explore its options and take appropriate measures (2) Whenever any s,tuat~on occurs which threatens the City and subscribers w~th the loss or interruption in the continuity of mulb-channel service, then the City may direct the Operator for a per~od of up to (12) twelve months to do everything reasonably within its power to ensure that all subscribers receive continuous, uninterrupted multi-channel service of the same quality, mix, and level(s) regardless of the circumstances (3) During the interim period, the City shall work with the Operator in order to secure a new multi-channel system owner, or rectify the problem, so that the threat of loss of continuity is removed at the earliest possible instance. (4) During any interim period in which the Operator continues to provide multi-channel service to subscribers, the Operator is entitled to all revenues collected, except any sums owed (including franchise fees, alternative user charges, and taxes) to the City or to other persons (5) Nothing in this Section should be construed as requiring an Operator to operate a multi-channel system with negabve cash flow, or while the system is in bankruptcy or insolvent. Section 32 Conditions on Use of Streets and Pubhc Ways (1) All wires, conduits, cable (coaxial, fiber, or functional equivalent), and other property and facihtles of Operator shall be so located, constructed installed, and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the streets, rights-of-way, easements, and public ways of the City (2) In the event Operator's system creates a hazardous or unsafe condition or an unreasonable interference with property, then at its own expense Operator shall voluntarily, or upon the request of the Council, remove that part of the system that creates the hazardous condition from the subject property Ordinance No. 2058 Page 18 (3) Operator, at either its own expense or that of a private contractor, shall protect rights-of-way, easements, and support or temporarily disconnect or relocate in the same street or other public way, any property of Operator when necessitated by reason of (a) traffic conditions; (b) public safety; (c) a street closing; (d) street construction or re-surfacing; (e) change or establishment of street grade,or (f),nstallat~on of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines; (4) It shall be the responsibility of Operator, upon request, (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the Iocet~on of its underground cable (coaxial, fiber or functional equivalent) before employees, agents, or independent contractors of any entity with a vahd permit installs cable in the marked-off area. (5) Operator shall, on the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it, and Operator may require payment in advance Operator shall be given not less than twenty-one (21) days nobce of a contemplated move to arrange for temporary wire changes. (6) For any new installations occurring after the effective date of th~s ordinance, and at the time that Operator rebuilds or upgrades the system, all trunk or feeder cable (coaxial, fiber or functional equivalent) shall be placed underground if all electric and telephone are also placed underground at the time of the new installation Section 33 Construction Standards (1) Methods of construction, installation, maintenance repair of the system shall comply with the most current editions of the National Electrical Safety Code, and the National Electric Code, as affects the construction, installation, and maintenance of electrical supply and communication hnes and attachments and supports. To the extent that these are inconsistent with other provisions of a franchise, or State, or local law, then the state or local law shall govern Provided however, that changes and updates to the National Electrical Safety Code and the National Electric Code shall be incorporated into existing cable facilities, at the same time the City also revises ex~shng electrical plant to comply with the revised standards Ordinance No 2058 Page 19 (2) For ex~sting cable facilities, the provisions for underground construction shall apply only at the time a scheduled upgrade or rebuild of the system is actually commenced. For newly served areas, then the provisions of the underground provisions shall apply at the time of imtial construction and/or installabon (3) The aesthetics of the property will be deemed to be a high priority in all installation, maintenance and repairs. Operator agrees that in some instances, a property owner's consent may be advisable pnor to commencement of work (4) When a residence or other structure is within one hundred fifty (150) feet of the cable system and is served by a drop (from the pole span to the residence or other structure), then the length of the pole span accommodating such a drop shall be no greater than one hundred fifty (150) feet without the owner's permission ~ectlon 34 Line Extension Policy. (1) Operator shall extend service to any area within the C~ty that has a density of twenty (20) home passing per aerial mile of cable, or thirty (30) home passing per underground mile of cable, or frecbonal equivalent thereof, as measured from the extremity of the trunk cable nearest the unserved area Also, in such a case, a newly installed subscriber shall not be assessed or apportioned the cost for installabon, except for the usual and normal connection fees paid by subscribers, so long as the system expansion ~s technically feasible (2) In areas below twenty passing per aerial or thirty passing per underground mile, homes may receive residential service if arrangements are made for cost- sharing of construction costs for service to that area. Operator shall use the following cost-sharing formula. Operator shall bear ~ts pro-rata share of the then current cost per mile of plant construction based on a multiple of the actual number of potential residential subscribers per mile, divided by thirty dwellings per mile for underground areas or twenty dwellings per mile for aerial areas If, at the end of a twenty four (24) month period following completion of construction, the number of dwelling units completed within the hne extension area is equal to or greater than the prescribed denstty, Operator will rebate fifty percent (50%) of the construction costs to the developer, if any The remaining construction cost will be borne equally by each applicant comm~tbng to at least one year's serwce w~thm the extension area. Operator will reform each household of the computed pro rata share per household before any agreements are signed or construction begun The Operator will also contact all residents in the area under construction to involve as many homes as possible thereby reducing the costs to each Mileage will be measured from the nearest point on the nearest trunk line, if applicable, or to the nearest feeder line if only feeder is required. Ordinance No. 2058 Page 2O (3) Once the aforementioned density requirements are satisfied, the Operator shall be obligated to provide residential service to qualified areas within ninety (90) service days of a request. If construction is not completed vathin said ninety (90) day period, due to circumstances not under the control of Operator, Operator will not be in violation of this ordinance. Section 35 Permits and Licenses Operator shall obtain, at its own expense, all permits and licenses required by law, rule, regulation, or ordinance, and maintain the same, in full force and effect, for as long as required. Section 36 Stand-By power Within three years of the effective date of this Ordinance, Operator shall install automatic, activated stand-by power on its trunk-cable and at its headends, hubs fiber nodes, all power supplies, and receive-sites associated with the distribution of cable service to, and throughout the City Section 37 Emerl:lency Alert/Emergency Override Within one year after the effective date of th~s Ordinance, Operator shall install an emergency alert system on its system which will alert subscribers in the event of an emergency. Such systems shall provide audio and/or textual alert to all subscribers across all channels. The audio or textual alert may direct subscribers to turn to a specified channel for full ~nformation on the emergency The emergency alert system shall have the capability to allow designated officials from the City to insert information on a designated emergency alert channel to all subscribers from any touch-tone phone. Provided, however, Operator shall only be required to provide access to the officials that the City has designated in writing as the responsible officials Section 38 Capacity for Si!:lnal Alert Technoloov. Within three years after the effective date of this Ordinance, Operator shall make available to the C~ty or to its designated agent, the necessary bandwidth, but not to exceed 100 KHz, on the cable system for the transmission of a technology or service that provides instantaneous access into homes, does not require that the television be turned on or the volume turned up to receive the message, does not require the resident to be at home at the time of transmission to receive the message, stores the message in case no one is home at the time that the message is delivered; has an emergency audio alert intended to awaken the sleeping ind~vidual, can notify anyone or a combinabon of discrete segments of the City, provides d~fferent alert notification for emergency and non-emergency situations; and ~s tied directly into the local office, the Ordinance No. 2058 Page 21 National Weather Servlce's site selection weather warning service. Such bandwidth will be provided without charge to the City or its designated agent, however, the City or its designated agent shall be responsible for the purchase installation and maintenance of all necessary add,tlonal electronics, amplification, and m-home subscriber equipment Section 39, Preventive Maintenance Program (1) The following shall be included as part of Operator's prevent,ve ma,ntenance program. (a) (b) (c) (d) (e) (f) (g) (h) (,) Period~c ~nspection, and repair if needed, of the headend, Periodic inspection, and repair if needed, of the antenna tower, Periodic weather-proof, rig and protection of the antenna lead connectors, and on any other exposed fittings if needed, Periodic conducting of signal leakage tests that are in accord with FCC requirements, Periodic servicing, tasting, and cslibrabon of equipment including service vehicles, and field test equipment, Periodic testing of the Operator's emergency alert system if any, and Periodic testing and recording of said test data for all signals (audio and video at the headend and system extremity points, Periodic testing as required by Federal law and or regulations, and Compliance with all operating parameters required by FCC rules and regulations, as such may be changed or amended from time to time (2) The City shall have the right to review and approve the Operators preventative maintenance program, bu~ no more frequently than annually. Such approval shall not be unreasonably withheld Section 40 Extent of Grant of Franchise. (1) Operator may construct, erect, install, maintain, operate, repair, replace, remove, or restore its facilities within the geographical limits of the City, which facilities may be used to provide video, voice or data services (2) The system may be located ~n, upon, along, across, over, and under the streets, rights-of-way, easements, and public ways of the C~ty (3) Operator, through a separate pole or utlhty easement agreement with an affected utihty, may locate the system on, or within, the property of such utility company Ordinance No. 2058 Page 22 Section 41 Rate Reaulation (1) If City is permitted to regulate rates, then the City shall hold a public hearing not less than ninety (90) days prior to any request for rate certification (2) The City reserves the right not to regulate rates should the City be permitted to do so Section 42 Term of Franchise The term of this renewal franchise shall be 10 years from the effective date of this Ordinance The rights and pnwleges granted by this Ordinance to Operator are not exclusive and nothing herein is intended to or shall be construed so as to prevent the City from granting other and similar nghts, privileges and franchises to any other person, firm, association or corporation, provided, however, that such rights, privileges and franchises shall contain substantially similar minimum terms and conditions as those granted to Operator herein. Operator shall have the right, consistent with state law and the City charter, to renew this franchise for a like term of 10 years, upon giving 90 days notice to the City, provided Operator is then in substantial compliance pursuant to the terms of this Ordinance In the event Operator is not then in substantial compliance with the terms of th~s Ordinance, the City shall have the right to reasonably condition renewal on the Operator taking steps to cure existing defaults and providing necessary assurances of future compliance by the Operator Section 43 Franchise Fees. (1) Operator shall pay to the City for the privilege and use of the streets, rights-of- way, easements, and public ways, and other facilities of the City in the operation of the system, and for the City's supervision thereof dunng the term of the franchise, a sum equal to four percent (4%) of the annual gross revenues as such term is defined in this Ordinance (2) Operator shall file with the Council, within ninety (90) days after the expiration of each calendar quarter, a detailed financial and revenue statement clearly showing the gross revenues received by Operator during the preceding quarter and certified by a certified pubhc accountant or officer of Operator attesting to the accuracy, completeness, and veracity of the revenue figures Such statement shall be in the form and format determined by the Council Such statement shall include all revenues subject to the franchise fee from whatever source Revenue will be reported by service category, type, and level showing computations and using incremental billing rates for all sources, levels, tiers, and types of service and other revenue sources of all k~nds and types (3) Payment of the quarterly portion of the franchise fee shall be rendered to the City at the time the financial and revenue statement is filed OrdlnanceNo 2058 Page 23 (4) In the event that payment is not made within one hundred eighty (180) days after the date specified in this Section, then Operator may be declared in default of the franchise, and the franchise may be revoked, terminated, or canceled in the manner prescribed by this ordinance (5) The Council reserves the right to audit Operator's books, if the Council deems it necessary It is spemflcally understood, that the right of audit and re-computation of any, and all, amounts paid under a franchise fee, shall always be accorded to the Council Provided, however, that the City shall be bound by the results of any audit ~t performs or causes to be performed, except for instances involving fraud (6) If an audit, or other research discovers that franchise fees have been either underpaid or not paid for a period excaed~ng six (6) months from the original due date, then the City may seek full recovery of the underpaid, or non-paid fees plus interest not to exceed ten percent (10%) or the maximum allowable under State law (whichever is lesser) The payment of such underpaid amount plus such interest by Operator shall be deemed satisfactory and timely payment by Operator and shall not be deemed a default. (7) All annual reports due and pertaining to the payment of franchise fees, will be certified by an officer of the Operator, and Operator shall maintain records used in the preparation of said report, to be produced in their originality and totality upon request or demand by the Council Section 44 Relief from this Ordinance Operator may file a written pet{tlon, at any time, with the Council seeking relief from one (1) or more provisions of this ordinance. The relief requested may specifically include the delay in implementation of one {1) or more provisions of this ordinance Section 45 Assll;inment or Transfer of Franchise. (1) Operator's franchise may not be assigned or transferred in whole, or in part, without the prior express written approval by the Council (2) Any attempted assignment or transfer without such prior written consent shall constitute a default of such franchise (3) In the event of such a default, the Council shall proceed according to the procedure set forth in this ordinance, and any applicable State law (4) Operator shall petition in writing for the Council's written consent for a proposed assignment or transfer. Ordinance No 2058 Page 24 (5) The Council will not unreasonably withhold its consent to such an assignment or transfer. However, in making such a determination, the Council may consider the following (a) experience of proposed assignee or transferee (including conducting an investigation of proposed assignee or transferee's service record in other communities), (b) quahficat~ons of proposed assignee or transferee, (c) financial ability and stability of the proposed assignee or transferee with regard to the ab~hty of the transferee or assignee to operate under the terms and conditions of the franchise, (d) the character of proposed assignee or transferee, and (e) the corporate connection, if any, between the Operator, and proposed assignee or transferee. As a conditfon of an assignment or transfer the proposed assignee or transferee shall execute an affidavit, acknowledging that it has read, understood, and intends to abide by this franchise ordinance, and that the assignee or transferee assumes all obligations and liabilities imposed by the franchise on the former franchisee (7) Notwithstanding the foregoing, no consent shall be required for the Operator to hypothecate or mortgage Operator's assets Section46 Default of Franchise; Revocation, Termination or Cancellation of Franchise (1) When any event, act or omlsston (on the part of the Operator) occurs which represents a substantial violation of an mtegrel provision of this ordinance, or materially compromtses the corporate character, or legal, financial or technical integrity and/or stability of the system or the Operator to such a degree that the interests of the subscribers are negatively affected, then such event, act or omission may be considered a major breach of this ordinance Under such circumstances, the Council shall notify the Operator in writing, of the specific breach, and direct Operator to cure such breach and to comply with all such provisions of this ordinance. (2) Provided, however, where Operator satisfactorily corrects any of the enumerated conditions, within sixty (60) days, then in no event shall the enumerated condition be weighted against Operator in any subsequent review of franchise performance so long as such enumerated condition(s) does not evidence a continuing course of conduct (3) (4) (5) (8) (7) (8) (9) (10) Ordinance No 2058 Page 25 Provided, however, that ~f the enumerated condJbens can not be corrected w,thm sixty (60) days because of c~rcumstances beyond Operator's control, then Operator shell not be deemed in wolation of the franchise for the period of time attributable to such circumstances. Within seventy-five (75) days, after such written notice is mailed to Operator, the Council shall conduct a public hearing on the matter The Council shall provide written not,ca to an Operator, and any surety, of the time and place of said public hearing At the bme of the hearing, the Operator may present ~nformation on the current status of the alleged breach of the franchise agreement If the s~tuation has been resolved, or steps are being taken to resolve the s~tuatlon, then the Operator may present the information at the hearing. If the affected Operator fails to attend the hearing, and has not requested a continuance of the hearing, then Operator shall be deemed to have waived its right to a further continuation of the matter, and may be declared in default of the franchise agreement After the public hearing, the Council may determine the Operator to be in compliance and dismiss the matter, or may determine that Operator has cured any non-comphance and thereby dismiss the matter However, the Council may determine that an ordinance violation exists and remains uncured Consequently, upon a finding that Operator substantially violated an integral ordinance provision, or failed to cure a material outstanding ordinance violation, the Council shall direct the Operator to take corrective action within a specified period of time, and thereafter, if Operator has not taken such corrective action, may revoke, terminate, or cancel the franchise, unless the Operator presents sufficient m~tigating circumstances or the corrective action cannot be reasonably taken in the time allotted When the Council directs corrective action to take place w~thm a specified t&me or declares Operator in default of the franchise agreement, that declaration shall be reduced to writing, and the notice of corrective action or default shall be mailed to such franchised Operator, and any surety, within fifteen (15) days of the Council's action. If within forty-five (45) days after the specified time for corrective acbon has expired, the Operator, or surety does not take s~gn~flcant action to rectify the breach, or submit a plan detailing how the Operator or surety will eliminate the breach, then the Council may revoke Operator's franchise, and shall nohfy the affected Operator, and surety forthwith, unless there are m~t~gatlng circumstances Ordinance No 2058 Page 26 (11) Notwithstanding the above, should City notify Operator of its retention to revoke, Operator shall have the right to sell its assets to an independent third party The Council will not unreasonably w~thhold ~ts consent to such assignment and shall grant its consent pursuant to the "Assignment or Transfer" section of this franchise ordinance Upon assignment of th~s franchise, pursuant to this revocation section, assignee shall receive a franchise m full force and effect, free of default, for the term remaining on assignors franchise Provided, however, that such sale shall not relieve Operator of any hablhty for its default (12) The council reserves the right to assess any charges incurred (including costs for consultants, witnesses, and hearing preparabon) in a default and/or revocation proceeding to the Operator (13) Notwithstanding any other provision of this franchise or the Multi-Channel Prowder ordinance, it is the intent of the City not to subject the Operator to penalties, fines, forfeitures, or revocebon of the franchise in any of the following instances (a) In instances or for matters where a violation of the Multi-Channel Provider Ordinance or the franchise by the Operator was unintentional and of d..~e minimls effect on subscribers, the public or the C~ty, or (b) Where there existed c~rcumstances reasonably beyond the control of the Operator that precipitated a violation of the Multi-Channel Provider Ordinance or the franchise, or were deemed to have prevented the Operator from complying with any term or condition of the Ordinance or franchise, or (c) Where there is no pattern v~olatlon or occurrence of repeated violations of the same matter over time after notification by the City Section 47 Capacity of System, (1) The system shall within 24 months from the date of final passage of this ordinance by the C~ty, have sufficient capacity to provide (a) A one channel video return path from the City office designated by the City to Operator's headend or the system's access studio, and (b) A one channel video return path from the school system facility designated by the school system to Operator's headend or the system's access studio, OrdmanceNo 2058 Page 27 (2) The system shall within 36 months from the date of final passage of this ordinance by the City, have sufficient capacity to provide. (a) (b) (c) (d) (e) Three (3) MHz of two-way channel capacity to permit data interconnectlon of City office buildings, One MHz two-way channel capacity to permit data interconnect of the school system facilities, One MHz two-way channel capacity to permit remote meter reading and facility switching for the municipal electric facility, The number of access channels required by this Ordinance, Fifty (50) full channels of video programming which may ~nclude from time to time, retransmltted broadcast channels, satellite delivered programming and locally produced programs; and One six (6) MHz video channel for the exclusive use of the Cities of College Station and Bryan, to be shared by the Cities (3) Provided, however that cost to the Operator shall be taken into account should circumstances at that time cause Operator to not be able to justify expanding its system or programming services levels to the levels herein. (4) Thereafter, Operator shall expand the channel capacity of the system, within a reasonable period of time, so that it can meet all future cable related needs of the community for which the cable subscribers are willing to pay The desirability of additional channels shall be determined by a joint survey conducted by the Operator and the City of a representative sample of the then ex~stmg cable subscribers. However, in no event shall Operator be required to expand the channel capacity of the system in an amount greater than the number of channels for which ~t can reasonably recover the cost of adding the channel capacity, plus a reasonable profit, over the remaining life of the franchise Section 48 Educational, and Governmental Access (1) W~thln 36 months after the effective date of this franchise, Operator shall make available sufficient channel capacity and the necessary electronics to provide (a) One (1) twelve (12) hour educational channel for the City public school system, and one (1) twenty-four (24) hour channel for Texas A&M; and (b) One (1) twelve (12) hour governmental channel that is available for providing coverage of Council meetings, and other related programming offered or designed by the City Manager, or designated official, including department heads Ordinance No 2058 Page 28 The above requirements do not require separate channels or a specIfic channel for the City-rather only, sufficient channel capacity to accommodate the minimal hourly requirements for access (2) If, after any six (6) month period, the percentage of use for any required access channel drops below twenty-five percent (25%) of the total time allocated, then the required number of hours shall be reduced to a number that most closely approximate the average hours of use per day If the average hours of use per day for any required access channel is less than four (4) hours, then the requirement for that channel's availablhty shall cease, and Operator may use such channel for any lawful purpose (3) If, at any time, ninety percent (90%) of the total time allocated for any required access channel is consistently used five (5) days a week for a period of six (6) months, then Operator shall make available an additional access channel The time period from midnight until 6 a.m shall not be used in the calculations under this subsection or subsection 2 above (4) Provided, however, that the total number of channels reserved for access by the Operator shall not exceed two (2) channels on the effective date of the Ordinance and shall be equal to at least three (3) but no more than five (5) channels thirty-six (36) months after the effective date of this Ordinance (5) Only the first showing of any program and only wdeo programming should be counted for the purpose of determining the hours of channel usage Section 49 Service to Public Facilities Operator shall provide, at no cost or charge basic and cable programming service to one outlet each at the following facihties' (1) All City offices passed by the system; and (2) All public school buildings passed by the system, (3) Subsectmns (1) and (2) are subject to the previously enumerated hne extension policy Section 50 Seamless or"See-throuc3h" Technolopv Operator agrees to abide by and comply with any subsequently adopted rules and regulations of the FCC as regards seamless or "see-through technology Ordinance No 2058 Page 29 ,~ection 51 Miscellaneous Provislons--Tampenng and Unauthorized Reception of Certain Services (1) No person shall intercept or receive, or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by Operator, or as may othewvlse be specifically authorized by law (2) For the purpose of this Section, the term "assist in intercepting or receiving" shall include the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for the unauthorized reception of service as noted in subsection (A) of this Section (3) Without securing permission from Operator, or making payment to Operator, then no person shall be authorized to make any connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of the cable system for the purpose of receiving or intercepting, or assisting others to receive or intercept any cable service provided lawfully by Operator (4) No person shall be authorized to willfully tamper with, remove, or damage any cable, wires, equipment, or facilities used for the distribution of cable services Section 52 Duty to Remove Franchised Properties from the Public Streets (1) Whenever the following occurs (a) (b) Operator ceases to operate all, or part, of the system for a continuous period of six (6) months, The Counml/franchlstng authority elects not to renew the franchise pursuant to the provisions set forth, in this ordinance; or (c) The Operator's franchise is revoked pursuant to the provisions set forth in this ordinance; (2) Then--Unless the City or another Multi-Channel provider uses such mulb- channel system, under the continuity provisions outlmed tn the franchise, Operator shall promptly remove JtS system property from the streets, public ways, and private property located within the City (3) If not removed voluntarily by Operator, then the Council may notify Operator that if removal of the property is not accommodated within two hundred seventy (270) days, or substantial progress towards removal is not made within two hundred ten (210) days, then the Council may direct officials or representatives of the City to remove Operator's system property at Operator's expense. Ordinance No 2058 Page 30 (4) If officials or representatives of the City remove Operator's system property, and such Operator does not claim the property within ninety (90) days of its removal, then the Council may take whatever steps are available under State law to declare the property surplus, and sell it, with the proceeds of such sale (if permitted by State law) going to the C~ty (5) When such Operator removes its system property from the streets, public ways, and private property located within the City, the Operator shall, at its own expense, and in a manner approved by the Council, replace and restore such public or private property in as good a condition as before the work causing the disturbance was done Section 53 Nature of Ordinance This "Ordinance" is a franchise to TCA and may not be unilaterally amended. Section 54 Effective Date Th~s ordinance shall take effect and be in full force from and after sixty (60) days from the date of final adoption Cohnl"e hooks, City ~ec'reta~ First Consideration & Approval: Second Conszderat~on & Approval: Third Consideration & Approval: February 24, 1994 March 10, 1994 March 24, 1994 LETTER OF ACCEPTANCE OF FRANCHISE This letter will serve as our formal acceptance of the terms and conditions of the franchise agreement granted to Telecable Associates, Inc, d/b/a TCA Cable TV, on 1~.~_,;~ ~b~_~. by the City of College Station by enactment of Ordinance No. ~0~ for the privilege and use of the streets, rights-of-way, easements, and public ways within the corporate limits of the City of College Station for the purpose of engaging in the business of multi-channel service provider. This ordinance takes effect on its passage and acceptance by this letter and has a term for ten (10) years, subject to renewal I acknowledge that failure to file this written acceptance w~th the C~ty Secretary within the number of days provided for acceptance in the franchise will result m expiration of the franchise. Telecable Associates, Inc d/b/a TCA Cable TV Title: