The purpose of this division is to:
(1) 
Adopt and comply with chapter 66 of the Texas Utilities Code (the code) as it relates to any entity or person (company) that provides cable service or video service in the city and has a current state-issued franchise for such purpose (SCF); and
(2) 
Exercise city’s nondiscriminatory police power to adopt municipal regulations applicable to a company subject to the code and the Cable Act (47 USC 521, et seq.).
The adoption of this division shall not be interpreted to waive any rights of the city as a home rule city, including any rights or responsibilities established by a local franchise agreement, unless specifically superceded and made invalid by state or federal law or regulation.
(Ordinance 2006-51 adopted 9/12/06)
The company shall register with the city attorney and maintain a point of contact. Such registration shall include the name, title, address and telephone number of the point of contact and any other information requested by the city attorney that is reasonably related to such registration and not in violation of the code.
(Ordinance 2006-51 adopted 9/12/06)
(a) 
Prior to the effective date of the code, September 1, 2005, by means of a local franchise agreement, Cable One, Inc., the incumbent cable service provider, defined in the code as the cable service provider with the largest number of subscribers in the city on September 1, 2005, had the following activated public, educational and governmental access channels (collectively termed the “PEG channels”) provided on its cable system in the city; one educational access channel (currently designated as channel (10), and currently programmed by ECISD), one governmental access channel (currently designated as channel (12) and currently programmed by the city), and one public access channel (currently designated as channel (6), which the city provides or selects programming when needed). Such PEG channels are grandfathered under the code and any new company, not later than 120 days after request by the city, shall provide capacity in its communications network to allow for such PEG channels for noncommercial programming.
(b) 
A company and the incumbent cable service provider, where technically feasible, shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG channels. The interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable methods of connection. A company and any incumbent cable service providers shall negotiate in good faith and incumbent cable service provider is prohibited from withholding interconnection of PEG channels as provided by the code.
(c) 
Pursuant to the code, a court of competent jurisdiction has exclusive jurisdiction to enforce any requirement under this section and not the PUC.
(Ordinance 2006-51 adopted 9/12/06)
Grande Communications, Inc., previously ClearSource, Inc., has operated under a franchise agreement that would have expired on March 9, 2015. Pursuant to such franchise agreement, Grande Communications, Inc., provided institutional network capacity to the city and cable drops to public buildings without charge; and pursuant to the code, such services shall continue until March 9, 2015. Subsequent to March 9, 2015, the same institutional network capacity and the same number of cable drops to public buildings shall continue in accordance with the franchise agreement as required by the code, if the city, provides written notice to Grande (or any successor) to continue to provide such services, with a charge or credit to the city franchise fee, of the actual incremental cost, as that term is defined in the code.
(Ordinance 2006-51 adopted 9/12/06)
(a) 
A company shall pay the city a franchise fee of five percent based upon the definition of gross revenues as set forth in the code. The 5% franchise fee shall also apply to any unincorporated areas that are subsequently annexed by the city after the effective date of the state-issued franchise.
(b) 
The franchise fee is payable quarterly, within 45 days after the end of the quarter for the preceding calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the fee. City may review the business records of the company to the extent necessary to ensure compensation in accordance with subsection (a), and in the event of a dispute concerning compensation, bring an action in a court of competent jurisdiction.
(c) 
Consistent with federal law, the company may recover from its customers any fee imposed by this section.
(d) 
Company shall also pay any other applicable contribution and fees authorized by the code.
(Ordinance 2006-51 adopted 9/12/06)
A company shall comply with the same right-of-way requirements and is subject to the same provisions as adopted for certificated telecommunications providers, as set forth in chapter 3, article 3-15, division 5, “telecommunications facilities in right-of-way, ”except where in conflict with the code.
(Ordinance 2006-51 adopted 9/12/06)