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: