This article shall be known and may be cited as the “Sherman
Cable Television Regulatory Ordinance.”
(1991 Code, sec. 7-1)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Channels dedicated for public, educational and governmental
use.
Programming or services for which an additional charge is
made beyond the charge for basic subscriber services, including, but
not limited to, movies, concerts, variety acts, sporting events, pay-per-view
programs, interactive services, and any other service utilizing any
facility or equipment of a cable television system operating pursuant
to a franchise granted under this article.
Such audio services as the retransmission of broadcast FM
radio signals, shortwave, weather, news, time and other similar audio
services and the transmission of cablecast (nonbroadcast) radio signals
as permitted by the FCC.
(Definition to be taken from FCC report and order from the
effective competition rulemaking, plus) as may be changed by the commission,
Congress or other body having jurisdiction, provided that if the commission
definition is repealed and not replaced by any such body, “basic
subscriber television service” shall mean any service tier which
includes the retransmission of local television broadcast signals.
The Cable Communications Policy Act of 1984, P.L. 98-549,
as may be amended.
A nonbroadcast signal that originates within the facilities
of the cable television system.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
and such upstream channels, and services as may be required by the
ordinance or the franchise agreement, but such term does not include:
A master antenna television system;
A facility that serves only subscribers in one or more multiple-dwelling
units under one (1) common ownership, control or management unless
such facility or facilities uses any public right-of-way;
A facility of a common carrier except that such facility shall
be considered a cable system to the extent such facility is used in
the transmission of video programming directly to subscribers; or
Any facilities of any electric utility used solely for operating
its electric utility systems.
A six-megahertz (MHz) frequency band, which is capable of
carrying either one (1) standard video signal, a number of audio,
digital or other nonvideo signals or some combination of such signals.
Video, audio, data and other services provided to government,
educational and nonprofit and other not-for-profit community groups
and organizations. These may include, but are not limited to, one-way
video, audio or digital services among institutions or to residential
subscribers to the extent such service does not violate any law or
regulation governing the provision of such services.
A subscriber who receives a service in a place of business
where the service may be utilized in connection with a business, trade
or profession.
An electronic device, which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, any channel selector which permits a subscriber to view
all signals delivered at designated converter dial locations at the
set or by remote control.
The value as shown on the grantee’s books and records
of all the cable system’s assets after depreciation, which shall
be calculated to the end of the grantee’s last fiscal year,
with no value for goodwill, value of the city’s franchise, or
value of going concern.
Broadband communications channels dedicated to serving city,
county, state or federal governmental agencies and educational institutions
which can only be received by the institutions intended to receive
signals on such channel.
A coaxial connection from feeder cable to the subscriber’s
television set, radio or other terminal.
The price that a willing buyer would pay to a willing seller
for a going concern based on the system valuation method prevailing
in the industry at the time.
The Federal Communications Commission and any legally appointed
or elected successor.
The nonexclusive rights granted pursuant to this article
to construct, operate and maintain a cable television system along
the public ways within all or a specified area in the city. Any such
authorization, in whatever form granted, shall not mean or include
any license or permit required for the privilege of transacting and
carrying on a business within the city as required by other ordinances
and laws of the city.
A franchise contract entered into voluntarily by the grantee,
containing the specific provisions of the franchise granted.
That portion of the city for which a franchise is granted
under the authority of this article. If not otherwise stated in the
franchise agreement, the franchise area shall be the corporate limits
of the city including all territory thereafter annexed to the city.
The percentage, as specified by the city, of the franchisee’s
gross annual revenues in exchange for the rights granted pursuant
to this article and the franchise agreement.
The natural person, partnership, domestic and foreign corporation,
association, joint venture, or organization of any kind which has
been legally granted a franchise by the city, and its lawful successor,
transferee or assignee.
The city as represented by the council acting within the
scope of its jurisdiction.
All revenues derived directly or indirectly by the grantee,
its affiliates or subsidiaries from the operation of a cable television
system in the city.
The portions of the city which the grantee agrees to build
in the franchise agreement.
The connection of the system from a feeder cable to subscribers’
terminals.
Broadband communications channels used to provide public,
educational, and governmental services to qualified institutions.
That set of facts and circumstances which, in an individual
case, a reasonable man would adjudge to be beyond the grantee’s
reasonable control and which would, therefore, represent a justifiable
basis for nonperformance, depending on the facts and circumstances
arising from necessary utility delays or changes, rearrangements,
power outages, the fulfillment of governmental or regulatory restrictions
or requirements, national emergencies, uncontrollable material shortages,
inability to obtain necessary easements, earthquakes, work stoppages
and unauthorized strikes, or the elements and acts of God.
Observing a communications signal, or the absence of a signal,
where the observer is not a party to the communication, whether the
signal is observed by visual or electronic means, for any purpose
whatsoever.
A linear mile of strand bearing cable as measured on the
street or easement from pole to pole or pedestal to pedestal.
Any real property owned by the city other than a highway,
sidewalk, easement or dedication.
The surface, the airspace above the surface, and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, waterways, utility easements
or other public right-of-way now or hereafter held by the city which
shall entitle the city and the grantee to the use thereof for the
purpose of installing, operating and maintaining the cable television
system. Public way shall also include parks and parkways except to
the extent limited by the dedication of the park to the city.
Written notice addressed to the grantee at its principal
office within the city or such other office as the grantee has designated
to the city as the address to which notice shall be transmitted to
it, which notice shall be certified and postmarked not less than ten
(10) days prior to that day in which the party giving such notice
shall commence any action which requires the giving of notice. In
computing such ten (10) days, Saturdays, Sundays and holidays recognized
by the city shall be excluded.
Any person residing in the city as otherwise defined by applicable
law.
A subscriber who receives a service in an individual dwelling
unit where the service is not to be utilized in connection with a
business, trade or profession.
Any sale, exchange or barter.
Any public or nonprofit educational institution including
primary and secondary schools, colleges, and universities, both public
and private.
The entire geographic area within the franchise territory.
Any authorized person who elects to subscribe to, for any
purpose, a service provided by the grantee by means of or in connection
with the cable television system.
The cable system constructed for use within the city, without
limitation, the headend, antenna, cables, wires, lines, towers, amplifiers,
converters, health and property security systems, equipment or facilities
located within the corporate limits of the city, designed, constructed
or wired for the purpose of producing, receiving, amplifying and distributing
by coaxial cable, fiber optics, microwave or other means, audio and
visual radio, television and electronic signals to and from subscribers
in the city and any other equipment or facilities located within the
city intended for the use of the system; provided, however, such system
facility excludes buildings, contracts, facilities and other equipment
where primary use is for providing service to other system facilities
located outside the city.
The disposal by the grantee, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation or otherwise, of
ten (10) percent or more at one (1) time of the ownership or controlling
interest in the system to a person or group of persons acting in concert,
none of whom already own a percentage of the system.
A signal originating from a terminal to another point in
the cable television system including video, audio or digital signals
for either programs or other uses.
A person or organization utilizing a channel or equipment
and facilities for purpose of production and/or transmission of material,
as contrasted with receipt thereof in a subscriber capacity.
The remaining portion of the year in which the franchise
is granted. Thereafter, “year” means a full calendar year.
(1991 Code, sec. 7-2)
Except as otherwise provided, violations of this article are punishable as provided in section 1.01.009.
(1991 Code, sec. 7-3)
(a)
The
city finds that the development of cable television systems has the
potential of having great benefit and impact upon the people of the
city. Because of the complex and rapidly changing technology associated
with cable television, the city further finds that the public convenience,
safety and general welfare can best be served by establishing regulatory
power which should be vested in the city or such persons as the city
shall designate. It is the intent of this article and subsequent amendments
to provide for and serve the public interest and public purposes in
these matters, and any franchise issued pursuant to this article shall
be deemed to include this finding as an integral part thereof.
(b)
It
is recognized that cable television systems have the capacity to provide
not only entertainment and information services to the city’s
residents, but also to provide a variety of broadband, interactive
communications services to institutions and individuals. Many of these
services involve city agencies and other public institutions by providing
governmental, educational or healthcare communications.
(c)
For
these purposes, the following goals underlie the regulations contained
herein and as may be authorized by the state and federal laws:
(1)
Cable services should be provided to the maximum number of city residents.
(2)
The initially constructed system should be capable of accommodating
both the present and reasonably foreseeable future needs of the city.
(3)
The system should be improved and upgraded during the franchise term
so that new facilities necessary for the operation of this system
shall be integrated to the maximum extent financially feasible with
existing facilities.
(d)
Notwithstanding
any other provisions of this article to the contrary, the grantee
shall at all times comply with all laws and regulations of the local,
state and federal government or any such local, state and federal
law or regulation that shall require the grantee to perform any service,
or shall permit the grantee to perform any service or shall prohibit
the grantee from performing any service. If, in compliance with any
state or federal law, the grantee finds conflict with the terms of
this or any law or regulation of the city, then as soon as possible
following knowledge thereof, the grantee shall notify the city of
the point of conflict believed to exist between such regulation or
law and the laws or regulations of the city or this article.
(e)
In
any controversy or dispute under this article or the franchise agreement,
the law of the state shall apply.
(1991 Code, sec. 7-4)
No person, whether or not a subscriber of the cable television
system, may intentionally or knowingly cause to be damaged any wire,
cable, conduit, equipment or apparatus of grantee, or commit any act
with intent to cause such damage, or to tap, remove or tamper with
or otherwise connect or maintain any wire or device to a wire, cable
conduit, equipment and apparatus or appurtenances of grantee with
the intent to obtain and maintain a signal or impulse from the cable
television system without authorization from or compensation to the
grantee, or to obtain and maintain cable television or other communications
service with intent to cheat or defraud grantee of any lawful charge
to which it is entitled.
(1991 Code, sec. 7-5)
Equal opportunity employment shall be afforded by all operators
of cable television systems to all qualified persons and no person
shall be discriminated against in employment because of race, religion,
age, national origin, sex or physical handicap.
(1991 Code, sec. 7-116)
Whenever reasonably possible, all services, personnel, hardware
and supplies for the construction, maintenance and operation of the
system shall be procured locally.
(1991 Code, sec. 7-118)
