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specifically superceded and made invalid by state or federal law or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.
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(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)