This article shall be known and may be cited as the “City
of Gonzales Cable Television Regulations.”
(1995 Code of Ordinances, Title IX, Chapter 93, Section
93.01)
It is the intent of the city to:
(1)
Promote
the public health, safety, and general welfare by providing for the
grant of one or more franchises for the construction and operation
of a cable system;
(2)
Provide
for the regulation of each cable system by the city;
(3)
Provide
for the payment of fees and other valuable consideration by a franchisee
to the city for the privilege of using the public rights-of-way for
construction and operating a cable system;
(4)
Promote
the availability of cable service to city residents;
(5)
Encourage
the development of cable as a means of communication between and among
the members of the public and public institutions;
(6)
Encourage
the development of competitive cable services; and
(7)
Encourage
the provision of diverse information to the community over cable.
(1995 Code of Ordinances, Title IX, Chapter 93, Section
93.02)
For the purpose of this article, the following words and their
derivations have the meanings defined below. Words not defined are
given their meaning in Section 602 of the Cable Act, 47 USC §
522, and, if none, their common and ordinary meaning, when not inconsistent
with the context, words used in the present tense include the future,
words in the plural number include the singular number, and words
in the singular number include the plural number. The words “must”
or “shall” are mandatory, and the word “may”
is permissive.
Any channel set aside for public use, educational use, or
governmental use without a charge by the franchisee for channel usage.
A proposal to construct and operate a cable system within
the city, transfer a franchise, renew a franchise, or modify a franchise.
An application includes the initial proposal plus all subsequent amendments
or supplements to the proposal and relevant correspondence.
The cable communications policy act of 1934, 47 USC §§521
et seq.
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 the city. Such
term does not include a facility that serves only to retransmit the
television signals of one or more television broadcast stations; a
facility that serves only subscribers in one or more multiple unit
dwellings under common ownership, control, or management, unless such
facility uses any public right-of-way; a facility of a common carrier
that is subject, in whole or in part, to the provisions of Title II
of the Communications Act of 1984, 47 USC §201 et. seq., except
that such a facility will be considered a cable system to the extent
it 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.
The one-way transmission of video or other programming service
to subscribers together with any subscriber interaction provided in
connection with such service.
The legal or practical ability to direct the affairs of the
franchisee or applicant either directly or indirectly, whether by
contractual agreement or majority ownership of an economic interest.
The city in its present incorporated form or in any form
which may subsequently be adopted.
The Federal Communications Commission.
The right granted by the city to a franchisee to construct,
maintain and operate a cable system over, on, or under streets, roads
and all other public ways, easements and rights-of-way within all
or specified areas of the city. The term does not include any license
or permit that may be required by other laws, ordinances or regulations
of the city for the privilege of transacting and carrying on a business
within the city or for disturbing the surface of any street or public
thoroughfare.
A contract entered into in accordance with the provisions
of this article between the city and a franchisee that sets forth
the terms and conditions under which the franchise will be exercised.
Any person granted a franchise pursuant to this article.
All revenues derived by a franchisee from the operation of
its cable system within the city, including, but not limited to, revenues
derived from cable service, home shopping channels, institutional
services, rental or lease of equipment, installation fees or ancillary
services.
Any individual, corporation, partnership, association, joint
venture or organization of any kind and the lawful trustee, successor,
assignee, transferee or personal representative thereof.
Any person who legally receives any one or more of the services
provided by the cable system.
An equipment or facility failure that results in the loss
of satisfactory service on one or more channels. A malfunction is
major if it affects eleven (11) or more subscribers.
Any transaction in which an ownership of other interest in
a franchisee is transferred from one person or group of persons to
another person or group of persons so that control of the franchisee
is transferred, or the rights held by the franchisee under a franchise
agreement are transferred or assigned to another person or group of
persons.
(1995 Code of Ordinances, Title IX, Chapter 93, Section
93.03)
