HomeMy WebLinkAboutOrdinance 0797
ORDINANCE NO. 797
AN ORDINANCE REGULATING THE CONDUCT OF THE BUSINESS OF CABLE
TELEVISION WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH
RICHLAND HILLS: ESTABLISHING FOR THE REGULATION OF RATES: PRESCRIBING
RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SUCH BUSINESS:
PROHIBITING THE OPERATION OF SUCH A BUSINESS WITHIN THE CORPORATE
LIMITS OF THE CITY WITHOUT A FRANCHISE FROM THE CITY: PROVIDING
FOR THE FORFEITURE OF FRANCHISES FOR VIOLATION OF THIS ORDINANCE:
PROHIBITING TAMPERING BY UNAUTHORIZED PERSONS: PROVIDING A PENALTY
AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY
CLAUSES HEREOF.
PASSED AND APPROVED ON FIRST READING THIS ,'j,(# DAY O~.1980.
APPROVED:
~~.
'ck aram
Mayor of the City of
North Richland Hills, Texas
ATTEST:
APPROVED AS TO FO~.~1~ LE~ALITY:, ~--
~b
Rex McEntire! City Attorney
WHEREAS, the City Council of the City of North Richland Hills is
considering granting a franchise for the operation of cable
television systems within the City; and,
WHEREAS, the City Council of the City of North Richland Hills deem it
necessary to establish rules and regulations within the police
power of the City and to provide for the regulation of rates
of cable television system within the City, and to prescribe
rules for the establishment and maintenance of such systems
within the public streets, highways, alleys, and other public
ways and places in the City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
Sec tion 1.
THAT the North Richland Hills Code of Ordinances be amended by adding
thereto a new Chapter which said Chapter shall read as follows:
"Chapter
" - Cable Television
Sec. -1. Use of Public Ways
No person, firm, or corporation shall, without prior permission from the
City Council in the form of a franchise, construct, reconstruct, maintain,
use or operate any television signal, receiving, amplifying, or distributing
system for service known as cable television system in, over, under, along,
or across present or future streets, highways, alleys, bridges, or public
ways within the City.
Sec. -2. Removal or Relocation of Facilities
The City shall have the power at any time to order and require any cable
television system operator to remove and abate any pole, tower, wire, cable,
electronic conductor, or any other structure or facility that is dangerous
to life or property and, in the event the operator after written notice failes
or refuses to act, the City shall have the power to remove or abate the same
at the expense of the operator, all without compensation or liability for
damages to the operator. When required by the City for reason of traffic
conditions, public safety, street vacation or widening or relocation, installation
of sewer mains, water pipes, power lines, signal lights, tracks and sanitation
equipment, or any other type of structures or improvement by public agencies
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any cable television operator within the City shall, at its own expense,
partake, support, temporarily disconnect, relocate or remove from the street
or other public place any property of the operator when ordered in wiring by v
the governing body of the City, and operator shall have no claim for
reimbursement of costs or damages against the City.
Sec. -3. Use
All transmission and distribution structures, lines, equipment, and facilities
erected or maintained by operator within the City shall be so located as to
cause minimum interference with the proper and intended use of streets,
highways, alleys, utility easements, bridges, and other public ways and
places, and to cause minimum interference with the rights of reasonable
convenience of property owners who adjoin any of said streets, highways, alleys,
utility easements, bridges, or other public ways or places.
Sec. -4. Underground Installation
In areas of the City having electric utility lines underground, whether required
by ordinance or not, all of operator's lines, cables, and wires shall be
underground. Except in areas of underground electric service, service from
a public way to individual homes shall be above ground unless the homeowner
agrees to pay the cost of underground installation as may be determined by
operator.
Sec. -5. Restoration
In the event of any disturbance of any pavement, sidewalk, driveway, or other
surfacing, including cultivated grass turf and any easement adjacent to
residential premises, the operator shall at its cost and expense and at the
time and in the manner prescribed by the governing body of the City or its
duly designated representatives, replace and restore all such pavement, sidewalks,
driveways, or other surface to as good a condition before the commencement
of the work or activity by operator disturbing same.
Sec. -6. Temporary Removal of Wire for Building Moving
Operator upon the written request of any person holding a building moving
permit issued by the City shall remove, raise, or lower its wires temporarily
to permit the moving of houses, buildings, or other bulky structures. The
reasonable expense of such temporary removal, raising, or lowering shall
be paid by the person requesting the same and operator may require such payment
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in advance. Operator shall be given not less than forty-eight (48) hours
advance notice in writing to arrange for such temporary wire changes.
Sec. -7. Tree Trimming
Operator shall have the authority to the same extent that the City has such
authority, to trim trees upon or overhanging streets, highways, alleys,
bridges, or other public ways or places of the City in order to prevent
the branches of such trees from coming in contact with the wires, cables,
electronic conductors, or other facilities or equipment of the operator.
Sec. -8. Construction, Maintenance, and Installation
The construction, maintenance, and installation of equipment and facilities
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of any cable television operator, including connections to subscribers of
operator's service, shall be in accordance with all applicable ordinances
and regulations of the City, and in accordance with Subpart K of technical
standards established by the Federal Comm~nications Commission rules. The
cable television system shall be installed and maintained to conform with
the highest current state of the art in the field of closed circuit television
transmission to the effect that the subscribers shall receive the best
possible service. Any such operator shall maintain and staff an office
within 5 miles of the City to provide maintenance and repair service at all
times and a broadcast studio within the City limits of North Richland Hills.
Sec. -9. Placement of Fixtures
A cable television operator shall not place poles, towers, or similar
fixtures where the same will interfere with any gas, electric, or telephone
fixtures, water hydrant or main, drainage facility or sanitary séwer, and
all such poles, towers, or similar fixtures shall be placed as directed
by the City and in such manner as not to interfere with the usual travel
or use of streets, highways, alleys, or other public ways or places.
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Sec. -lO Insurance
Every cable television operator shall procure, furnish, and file with the
City Secretary a policy of insurance approved by the attorney for the City
covering liability and property damage with the minimum amounts of liability
thereunder as follows:
$100,000.00 for anyone single personal injury on anyone person;
$300,000.00 for a personal injury in anyone single accident;
$50,000.00 for property damage arising out of any single accident;
and shall contain a provision that a written notice of cancellation or reduction
in coverage of said policy shall be delivered to the City thirty (30) days in
advance of the effective date thereof. Any and all investigation of claims filed
by any person, firm, or corporation against the City arising out of any use
or misuse of privileges granted to any cable television operator shall be made
or at the expense of the cable television operator or its insurer.
Sec. -llo Operator's Rules
Every cable television operator's franchise within the City shall have the
authority to promulgate such rules, regulations, and conditions governing
the conduct of its business as shall be reasonably necessary to enable the
operator to exercise its rights and perform its obligations under this
ordinance and its franchise, and to assure uninterrupted service to each
and all of its subscribers to its service. Provided, however, that such
rules, regulations, terms, and conditions shall not be in conflict with
the provisions of any such franchise or of this ordinance, or with the laws
of the State of Texas. A current copy of such rules, regulations, terms,
and conditions adopted by operator shall be on file with the City Secretary,
as well as in the local office of operator.
Sec. -12. Records and Reports
City shall have access at all reasonable hours to all of the operator's
plans, contracts, engineering, accounting, financial, statistical, customer,
and service records relating to the property and operations of the operator
and to all other records required to be kept thereunder. The following
records and reports shall be filed with the City Secretary in the local
office of the operator:
(a) Company rules and regulations;
(b) Gross revenue-a quarterly statement report showing gross
revenues received by the operator during the preceding
quarter and such other information as the City shall request
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with respect to properties and expenses related to the
operator's service;
(c) Map of installations-operator shall provide the City with
a continuously current file and plan indicating the location
of all CATV installations.
Sec. -13. Rate Regulations
The operator may propose changes in the rates charges by filing notice of
the proposal with the City Secretary. The notice shall state the current
rates, the proposed rates, and, in summary, the reasons for the request.
The City Secretary shall thereupon fix the date for a hearing before the
City Council, which shall be no sooner than fifteen (15) days nor later than
forty-five (45) days from the date the proposal is filed. Notice of
hearing shall be published in a newspaper of general circulation published
in the City at least once within ten (lO) days of the date the notice is
filed. After such public hearing, the City shall have the right within
fifteen (15) days to request such additional documentation as it or its
attorneys, consultants, or staff may require, and the rates shall be
established by ordinance within ninety (90) days after the request,
operator may put in the rates proposed under bond which shall be effective
until City shall make its determination, and if such rates as finally
established by the City are lower than those put into effect by the
operator, credits or refunds shall be made to customers. Review of
rates established by the City Council shall be by the substantial evidence
rule.
Sec. -l4. Rates
Maximum rates for cable television service within the City shall be as
follows:
Basic Subscriber Rates
Installation
Monthly Charge
First outlet converter
$15.00
25.00
10.00
$6.50
6.50
1.50
If Underground
Additional Outlet with
Converter
FM Radio
lO.OO
l5.00
10.00
15.00
1.50
One Time Converter Charge
Relocation or Reconnect
Home Box Office/Showtime
7.50
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Mini Play 15.00 5.00
Hotels, Motels & Hospitals:
First outlet with converter Labor & Materials 6.50
Each additional outlet Labor & Materials 1.25
Commercial Rates:
First outlet with conver.ter Labor & Materials 6.50
Each additional outlet Labor & Materials 1.25
Multiple Units:
Up to 5 units 6.50 6.50
6 units or more 5.00 20% Discount
Such rates shall be effective until changed by the City Council as set
forth in this chapter.
Sec. -15. Political Advertising and Religious Programming
Operator shall, unless required to do otherwise by the Federal Communications
Commission, charge at regular commercial rates for political advertising.
Operator may charge for carrying religious programming at lower rates.
Churches and other religious program originators shall be entitled to
leased time on one dedicated channel on a first come-first served basis with
time to broadcast to be determined by operator.
Sec. -16. Equipment and Operation
In order to provide adequate civil defense and disaster service information
and to prevent the distribution of obscene or libelous programs, every
operator of a cable television servicing the City shall install a system
with the capability, equipment, facilities, and personnel necessary to
immediately interrupt signals being distributed on one channel or on all
channels at once, and to transmit other programs or signals in the place
of the signal or program interrupted. Every such operator shall provide,
at system activation or within 1 year of the date of the franchise, a
minimum of twenty-five (25) active channels, including full bank FM radio
service. Any such cable television operator shall distribute all UHF and
VHF telecasts originating in Dallas or Tarrant Counties, programming from
the three major television networks in the United States, and distribute
weather information service satisfactory to the City.
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Sec. -17. Access
In addition to Section 16 above, each cable television operator shall provide
at least one educational access channel to Birdville Independent School
District and one channel to the Northeast Campus of the Tarrant County
Junior College. A governmental access channel shall be provided to the
City of North Richland Hills upon request and a public access channel
together with cameras, studio, lights, and sound equipment shall be
provided on a first come-first served basis. One channel shall be provided
for installation of security alarm systems. Should there be no need for
any such service as determined by operator and the City Council, the City
Council, may approve the use of such channels for other functions. One
channel shall carry announcements of events and activities. There shall
be no charge for local civic events, senior citizen activities, local school
or college events, local athletic league events, and local club meetings
and events. Others may be charged as determined by operator.
All of the above facilities shall be available within six (6) months of
the date the cable system becomes operational.
Sec. -l7a. Rules of Access
The prospective franchised cable television operators shall include, as part
of their franchise request, a set of rules governing access to and use of
the educational and public service channels offered under Section 17 above.
Said rules shall include specific criteria for permitting individual and/or
group use of the broadcast facilities and cable system.
These rules shall be reviewed by the City Council and, if adopted, shall
become a part of the franchise ordinance, and shall be enforced by the
franchise holder on behalf of and in the name of the City of North Richland
Hills.
Sec. -lB. Interconnection
Any cable television operator may be required to interconnect its system
with any other broadband communications facility operating in an adjacent
territory. Operator may be required to interconnect its educational,
governmental, and/or local access system with such other cable system if
permitted by appropriate federal regulations and subject to payment of
reasonable chargeso Such interconnection shall be made within sixty (60)
days of a request by the City. For good cause, operator may request and
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City may grant reasonable extension of time to comply with these
requirements.
Sec. -19. Service
Operator shall maintain an office in or near the City, which shall be
open during all usual business hours, have a listed telephone, and be
so operated that complaints and requests for repairs or adjustments
may be received during usual business hours and until 9:00 P.M.
Service calls shall be made promptly.
Sec. -20. Installation
The cable television hook-up to individual homeowner TV sets shall be a
75 ohm co-axial or 300 ohm ribbon connector of a type compatible with
and similar to the antenna hook-up connectors considered standard in the
television manufacturing industry. No such hook-up shall preclude or
inhibit the set owner from using either his own television antenna or
his privately owned video tape recorder in conjunction with or in place
of the cable system. There shall be no charge for the installation or
additional hardware required to accomplish the above, beyond that normally
charged for an additional converter.
Sec. -21. Extension Policy
Once construction has been completed in the initial service area, the
cable television operator shall extend service in overhead service areas
within six (6) months of a request to all areas where the average density
is seven (7) subscribers per quarter mile of aerial cable or greater. In
an area where the average density is less than seven (7) subscribers per
quarter mile of cable, or is served by underground utilities, the system
shall bear its pro rata share of the current aerial construction costs
based on the actual number of potential subscribers per quarter mile
divided by seven (7). The remaining construction costs will be borne on
a pro rata basis by each actual cable television applicant committing to
service within the pro rata extension area. In the case of new subdivisions,
developers may elect to bear the remaining cost, and service will be made
available to residents at normal rates. Mileage will be measured from
the end of the nearest cable trunk.
Sec. -22. Technical Performance Standards
Cable television operators shall comply fully with the technical rules
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and standards for cable television operation as adopted by the Federal
Communications Commission, 47 CFR Part 76, Subpart K, as amended from
time to time.
The following distortion specifications apply over a temperature range of
minus twenty (20) degrees Fahrenheit to plus one hundred twenty (l20)
degrees Fahrenheit:
(a) The carrier to noise ratio shall be no less than 45.5 dB.
(b) Second order distortion shall be at least 60 dB below
visual carrier.
(c) Total harmonic distortion shall be at least 52 dB below
visual carrier.
(d) Cross modulation shall be at least 52 dB below visual
carrier with synchronous video modulation.
(e) Hum modulation factor shall not exceed plus or minus
2 per cent (60 or 120 hz.) tolerance.
Sec. -23. Testing
Operator shall maintain test equipment capable of demonstrating that
the standards established herein are being met. Upon customer complaint,
or where there exists other evidence, which, in the judgement of the City,
casts doubt on the reliability of the quality of any cable television
service, the City shall have the right and authority to test, analyze,
and report on the performance of the system. Such test or tests shall
be made consistent with the provisions of 47 CFR 76.609 et seq. as amended.
The cost of such testing shall be borne by the City; but if such testing
determines that standards are not being met, operator may be required to
reimburse the City for the cost of such testing.
Sec. -24. Service to Public Buildings
Public buildings shall be connected to the cable system at no charge.
Such requests for service are to be initiated by authorized local government
officials. One service drop per facility shall be made at City Hall, the
Police Station, the County Subcourthouse, City Service Center, the Public
Library, City auditoriums, and all public schools. No monthly charges shall
be made for service at these public buildings.
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Upon request of an authorized official, Tarrant County Junior College,
Northeast Campus, shall be connected to the cable system at no charge.
If more than one service drop is required, the charge shall be based on the
operator's cost of time and materials. No monthly charges shall be made
for providing basic service at the junior college.
Sec. -25. Compliance with Application
Cable television operator shall provide all services specifically set forth
in its application to provide cable television service to the City of
North Richland Hills. Failure to provide the services promised in any
application shall be deemed a violation of this ordinance.
Sec. -26. Cause for Termination
In addition to all other rights and powers pertaining to the City by
virtue of any franchise or otherwise, the City shall have the power and
right to terminate and cancel all rights and privileges of any cable
television operator to operate within the City in the event that the
operator:
(a) violates any material provision of its franchise or
of this ordinance;
(b) attempts to evade any material provision of its franchise
or practices any fraud or deceit upon the City;
(c) fails to begin or complete construction as provided under
its franchise;
(d) fails to operate a first class system in accordance with
the highest standards of the industry.
Sec. -27. Forfeiture
(1) The City Manager may make a written demand that the operator do or
comply with any provision of its franchise or of this chapter. If the
violation by the operator continues for a period of thirty (30) days
following such written demand without written proof that the corrective
action has been taken or is being actively and expeditiously pursued, the
City Manager may place his request for termination of franchise upon the
next regular City Council meeting agenda. The City Manager shall cause
to be served upon the operator, at least ten (10) days prior to the date
of such meeting, a written notice of intent to request such termination
and the time and place of the meeting, notice of which shall be published
at least ten (10) days before such meeting in the official newspaper of
the City.
II
(2) The City Council shall consider the request of the City Manager
and shall hear any person interested therein and shall determine in its
discretion whether or not any violation by the operator was with just cause.
(3) If such violation by the operator is found to have been with just
cause, the City Council shall direct the operator to comply therewith
within such time and upon such terms and conditions as are just and
reasonable.
(4) If the City Council shall determine such violation by the operator
was without just cause, then the City Council may, by ordinance, declare
that the franchise of the operator shall be terminated and forfeited
unless there is compliance by the operator within such period as the
Council may fix.
(5) In the event of such revocation, the City shall have the right to
purchase the cable system at a price not to exceed its then fair market
value, considering the original cost of all tangible and intangible
property, as well as the salvage value, the book value, the replacement
cost, cash flow, and other facts, exclusive of good will, or any right
or privilege granted by operator's franchise. Should City decline to
purchase the system, the operator shall have two (2) years from the date
on which it ceases operation to remove, at its own expense, all portions
of its cable television system from all streets within the City, and
restore said streets and ways to a condition reasonably satisfactory to
the City within that period of time.
Sec. -28. Other Business Activities
Operator shall not engage in the business of selling, repairing, or
installing television receivers or radio receivers within the City during
the term of the franchise. Local shareholders of operators owning more
than ten per cent (10%) of the operator's stock shall likewise not
engage in such business.
Sec. -29. Community Cable TV Advisory Panel
There is hereby established a 7 place community advisory panel whose function
it shall be to monitor the operation of the cable television system to
insure compliance with the provisions of this ordinance. The panel
shall handle citizen complaints and be empowered to hold hearings to
12
verify allegations and arbitrate citizen/company differences. In addition,
the panel shall aid the cable company in screening applicants for time
on the public access. The panel shall report to the City Council on
a quarterly basis.
Appeals from the panels' findings shall be handled by the City Council.
The Committee members shall be appointed by the City Council for a term
of two (2) years and shall include at least one member from each of the
following vocations, local clergy, Birdville Independent School District,
Tarrant County Junior College, City Staff, Council and two (2) citizens.
Places I, 3, 5 and 7 shall be appointed in June of each odd numbered year,
and places 2, 4 and .6 shall be appoint~d i:n June of each even numbered year.
The panel shall elect its own chairman and secretary from among its
membership and shall schedule at least one meeting per month.
Sec. -30. Lock-out Devices
Each premium or box office subscriber hook-up shall include a key
operated lock-out device to permit the subscriber to interrupt such
hook-up and prevent its use at their discretion.
Sec. -31.
City shall have the right to approve the change of stock of company if
fifty-one per cent (51%) of the stock changes hands, or if other companies
and/or people are in control of the company.
Sec. -32.
If any section, subsection, sentence, clause, or phrase of this ordinance
is held unconstitutional, or otherwise invalid, such infirmity shall not
affect the validity of the ordinance, and any portions in conflict are
hereby repealed.
Sec. -33.
The City Secretary is hereby authorized to cause publication of the
descriptive caption and penalty clauses hereof as an alternative method
of publication provided by law. Violation of this ordinance shall result
in a fine up to $200. Each day shall constitute a separate violation.
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PASSED AND APPROVED ON FIRST READING THIS
28th
DAY OF January ,1980.
APPROVED:
{Jt~
Di Faram, Mayor
ATTEST:
~
City Secretary
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