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 a cable television system in, over, under, along, or across present or future streets, highways, alleys, bridges, or public ways within the city.
(1987 Code, ch. 4, sec. 10A; 2004 Code, sec. 4.1001)
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 fails 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, any cable television operator within the city shall, at its own expense, partake [protect], support, temporarily disconnect, relocate or remove from the street or other public place any property of the operator when ordered in writing by the governing body of the city, and operator shall have no claim for reimbursement of costs or damages against the city.
(1987 Code, ch. 4, sec. 10B; 2004 Code, sec. 4.1002)
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 or reasonable convenience of property owners who adjoin any of said streets, highways, alleys, utility easements, bridges, or other public ways or places.
(1987 Code, ch. 4, sec. 10C; 2004 Code, sec. 4.1003)
In areas of the city having electric utility lines underground, whether required by ordinance or not, all of the 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 the operator.
(1987 Code, ch. 4, sec. 10D; 2004 Code, sec. 4.1004)
In the event of any disturbance of any pavement, sidewalk, driveway, or other surfacing, including cultivated grass turf, [in] 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.
(1987 Code, ch. 4, sec. 10E; 2004 Code, sec. 4.1005)
An 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 the operator may require such payment in advance. The operator shall be given not less than forty-eight (48) hours’ advance notice in writing to arrange for such temporary wire changes.
(1987 Code, ch. 4, sec. 10F; 2004 Code, sec. 4.1006)
An 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.
(1987 Code, ch. 4, sec. 10G; 2004 Code, sec. 4.1007)
The construction, maintenance, and installation of equipment and facilities 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 the technical standards established by the Federal Communications 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 in or near the city to provide maintenance and repair service at all times.
(1987 Code, ch. 4, sec. 10H; 2004 Code, sec. 4.1008)
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 sewer, 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.
(1987 Code, ch. 4, sec. 10I; 2004 Code, sec. 4.1009)
(a) 
Every cable television operator shall procure, furnish, and file with the city manager or his/her designee 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:
(1) 
$100,000.00 for any one single personal injury on any one person;
(2) 
$300,000.00 for a personal injury in any one single accident;
(3) 
$50,000.00 for property damage arising out of any single accident.
(b) 
The policy shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the city attorney thirty (30) days in advance of the effective date thereof. Any and all investigations 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 [by] or at the expense of the cable television operator or its insurer.
(1987 Code, ch. 4, sec. 10J; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 4.1010)
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 article 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 article, or with the laws of the state. A current copy of such rules, regulations, terms, and conditions adopted by the operator shall be on file with the city manager or his/her designee, as well as in the local office of the operator.
(1987 Code, ch. 4, sec. 10K; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 4.1011)
The 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 manager or his/her designee in the local office of the operator:
(1) 
Company rules and regulations;
(2) 
Gross revenue. A quarterly statement report during the preceding quarter and such other information as the city shall request with respect to properties and expenses related to the operator’s service;
(3) 
Map of installations. The operator shall provide the city with a continuously current file and plan indicating the location of all CATV installations.
(1987 Code, ch. 4, sec. 10L; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 4.1012)
An operator shall, unless required to do otherwise by the Federal Communications Commission, charge at regular commercial rates for political advertising. The 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 based with the time of broadcast to be determined by the operator.
(1987 Code, ch. 4, sec. 10O; 2004 Code, sec. 4.1013)
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 transfer other programs or signals in the place of the signal or program interrupted. Every such operator shall provide at system activation a minimum of twenty-five (25) active channels, 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 (3) major television networks in the United States, and distribute weather information satisfactory to the city. Lock-out devices shall be provided upon request by the customer, without charge.
(1987 Code, ch. 4, sec. 10P; 2004 Code, sec. 4.1014)
Each cable television operator shall provide at least one educational access channel to Lake Worth Independent School District and one channel to the Northwest Campus of the Tarrant County Junior college. A governmental access channel shall be provided to the city 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. Should there be no need for any such service as determined by the operator and the city council, the operator may, with permission of the city council, use 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. X-rated movies, as defined by the motion picture producer association, shall not be permitted.
(1987 Code, ch. 4, sec. 10Q; 2004 Code, sec. 4.1015)
Any cable television operator may be required to interconnect its system with any other broadband communications facility operating in an adjacent territory. The 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 charges. Such interconnection shall be made within sixty (60) days of a request of the city. For good cause, the operator may request and the city may grant reasonable extension of time to comply with these requirements.
(1987 Code, ch. 4, sec. 10R; 2004 Code, sec. 4.1016)
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 rate [pro rata] extension area. In the case of new subdivisions, the developer may elect to bear the remaining costs, and service will be made available to residents at normal rates. Mileage will be measured from the end of the nearest cable trunk.
(1987 Code, ch. 4, sec. 10U; 2004 Code, sec. 4.1017)
(a) 
Cable television operators shall comply fully with the technical rules 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.
(b) 
The following distortion specifications apply over a temperature range of minus twenty (20) degrees Fahrenheit to plus one hundred twenty (120) degrees Fahrenheit:
(1) 
The carrier-to-noise ratio shall be no less than 45.5 dB.
(2) 
Second order distortion shall be at least 60 dB below visual carrier.
(3) 
Total harmonic distortion shall be at least 52 dB below visual carrier.
(4) 
Cross modulation shall be at least 52 dB below visual carrier with synchronous video modulation.
(5) 
Hum modulation factor shall not exceed plus or minus two percent (2%) (60 or 120 hz) tolerance.
(1987 Code, ch. 4, sec. 10V; 2004 Code, sec. 4.1018)
The 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 judgment 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, the operator may be required to reimburse the city for the costs of such testing.
(1987 Code, ch. 4, sec. 10W; 2004 Code, sec. 4.1019)
(a) 
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, the city service center, the public library, city auditoriums and all public schools. No monthly charges shall be made for service at these public buildings.
(b) 
Upon request of an authorized official, Tarrant County Junior College, Northwest 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.
(1987 Code, ch. 4, sec. 10X; 2004 Code, sec. 4.1020)
A cable television operator shall provide all services specifically set forth in its application to provide cable television service to the city. Failure to provide the services promised in any application shall be deemed a violation of this article.
(1987 Code, ch. 4, sec. 10Y; 2004 Code, sec. 4.1021)
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:
(1) 
Violates any material provision of its franchise or of this article;
(2) 
Attempts to evade any material provision of its franchise or practices any fraud or deceit upon the city;
(3) 
Fails to begin or complete construction as provided under its franchise;
(4) 
Fails to operate a first call system in accordance with the highest standards of the industry.
(1987 Code, ch. 4, sec. 10Z; 2004 Code, sec. 4.1022)
(a) 
The city manager or his/her designee may make a written demand that the operator do or comply with any provision of its franchise or of this article. 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 or his/her designee may place his request for termination of franchise upon the next regular city council meeting agenda. The city manager or his/her designee 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.
(b) 
The city council shall consider the request of the city manager or his/her designee 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.
(c) 
If such violation by the operator is found to have been with just cause, the city council shall direct the operator to comply therewith such time and upon such terms and conditions as are just and reasonable.
(d) 
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 with such period as the council may fix.
(e) 
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 costs, cash flow, and other facts, exclusive of good will, or any right or privilege granted by operator’s franchise. Should the 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 then restore said streets and ways to a condition reasonably satisfactory to the city within that period of time.
(1987 Code, ch. 4, sec. 10AA; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 4.1023)
The 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 percent (10%) of the operator’s stock shall likewise not engage in such business.
(1987 Code, ch. 4, sec. 10BB; 2004 Code, sec. 4.1024)
No person, whether or not a subscriber to the cable system, shall willfully, maliciously, or otherwise damage or cause to be damaged any wire, cable, conduit, apparatus, or equipment of any cable television operator, or commit any act with intent to cause such damage or to tap, tamper with, or otherwise connect any wire or device to a wire, cable, conduit, apparatus, appurtenance, or equipment of any cable television operator with the intent to obtain a signal or impulse from the cable system without authorization from or compensation to such operator, or to obtain cable television or other communications service with intent to cheat or defraud such operator of any lawful charge to which it is entitled.
(1987 Code, ch. 4, sec. 10CC; 2004 Code, sec. 4.1025)
The company will make available to all customers, upon request, a lockout device that will prevent the pay television channel from entering the TV set.
(1987 Code, ch. 4, sec. 10DD; 2004 Code, sec. 4.1026)
The city shall have the right to approve the change of stock of the company if fifty-one percent (51%) of the stock changes hands, or if other companies and/or people are in control of the company.
(1987 Code, ch. 4, sec. 10EE; 2004 Code, sec. 4.1027)
Whoever shall violate any provision of section 4.12.001 or 4.12.025 shall be guilty of a misdemeanor and shall be liable to a penalty in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense. The penalties provided in this article shall be enforced by appropriate proceedings instituted by the city or by a cable television operator.
(1987 Code, ch. 4, sec. 10FF; 2004 Code, sec. 4.1028)