Whoever shall violate any provision of section 5.15.021 shall be guilty of a misdemeanor and shall be liable to a penalty of not more than $100.00 for a first offense and not more than $200.00 for a second and every subsequent offense. The penalties provided in this section shall be enforced by appropriate proceedings instituted by the city or by a franchised cable television operator. Each day any violation occurs or continues shall constitute a separate offense and shall be punishable hereunder.
(1976 Code, sec. 10-1/2-30; 1998 Code, sec. 38-28; 2013 Code, sec. 14-1)
The city shall have the power at any time to order and require any cable television 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, support, temporarily disconnect, relocate, or remove from the street or other public place any property of the operator when ordered in writing by the city council, and the operator shall have no claim for reimbursement of costs or damages against the city.
(1976 Code, sec. 10-1/2-2; 1998 Code, sec. 38-2; 2013 Code, sec. 14-2)
All transmission and distribution structures, lines, equipment, and facilities erected or maintained by the 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.
(1976 Code, sec. 10-1/2-3; 1998 Code, sec. 38-3; 2013 Code, sec. 14-3)
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.
(1976 Code, sec. 10-1/2-4; 1998 Code, sec. 38-4; 2013 Code, sec. 14-4)
In the event of any disturbance of any pavement, sidewalk, driveway or other surfacing, including cultivated grass turf and 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 city council or its duly designated representatives, replace and restore all such pavement, sidewalks, driveways or other surface to as good a condition as before the commencement of the work or activity by the operator disturbing same.
(1976 Code, sec. 10-1/2-5; 1998 Code, sec. 38-5; 2013 Code, sec. 14-5)
The 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 48 hours’ advance notice in writing to arrange for such temporary wire changes.
(1976 Code, sec. 10-1/2-6; 1998 Code, sec. 38-6; 2013 Code, sec. 14-6)
The 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.
(1976 Code, sec. 10-1/2-7; 1998 Code, sec. 38-7; 2013 Code, sec. 14-7)
The construction, maintenance, and installation of equipment and facilities of any cable television operator, including connections to subscribers of the operator’s service, shall be in accordance with all applicable ordinances and regulations of the city, and in accordance with subpart K of 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 the city to provide maintenance and repair service.
(1976 Code, sec. 10-1/2-8; 1998 Code, sec. 38-8; 2013 Code, sec. 14-8)
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.
(1976 Code, sec. 10-1/2-9; 1998 Code, sec. 38-9; 2013 Code, sec. 14-9)
Every cable television operator’s franchise within the city shall have the authority to promulgate such rules, regulations, terms, 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 ensure 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 secretary, as well as in the local office of the operator.
(1976 Code, sec. 10-1/2-11; 1998 Code, sec. 38-11; 2013 Code, sec. 14-10)
The 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 basis, with time of broadcast to be determined by the operator.
(1976 Code, sec. 10-1/2-15; 1998 Code, sec. 38-13; 2013 Code, sec. 14-11)
In order to provide adequate civil defense and disaster service information and to prevent the distribution of obscene or libelous programs, every operator of 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 transmit other programs or signals in the place of the signal or program interrupted. Every such operator shall provide at system activation a minimum of 35 active channels, and full bank FM radio service, and any such cable television operator shall distribute all UHF and VHF telecasts originating in Dallas or Tarrant Counties, and programming from the three major television networks in the United States, and distribute weather information service satisfactory to the city.
(1976 Code, sec. 10-1/2-16; 1998 Code, sec. 38-14; 2013 Code, sec. 14-12)
Each cable television operator shall provide at least one educational access channel to Fort Worth Independent School District. 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 the operator.
(1976 Code, sec. 10-1/2-17; 1998 Code, sec. 38-15; 2013 Code, sec. 14-13)
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 60 days of a request by the city. For good cause, the operator may request and the city may grant reasonable extension of time to comply with these requirements.
(1976 Code, sec. 10-1/2-18; 1998 Code, sec. 38-16; 2013 Code, sec. 14-14)
Once construction has been completed in the initial service area, the cable television operator shall extend service in overhead service areas within six months of a request to all areas where the average density is seven subscribers per quarter mile of aerial cable or greater. In an area where the average density is less than seven subscribers per quarter mile of cable, or which 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. The remaining construction costs will be borne on a pro rata basis by each actual cable television applicant committing to service within the pro rata extension area. In the case of new subdivisions, developers may elect to bear the remaining cost, and service will be made available to residents at normal rates. Mileage will be measured from the end of the nearest cable trunk.
(1976 Code, sec. 10-1/2-21; 1998 Code, sec. 38-19; 2013 Code, sec. 14-15)
(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 76, subpart K, as amended from time to time.
(b) 
The following distortion specifications apply over a temperature range of minus 20 degrees Fahrenheit to plus 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 (60 to 120 Hz) tolerance.
(1976 Code, sec. 10-1/2-22; 1998 Code, sec. 38-20; 2013 Code, sec. 14-16)
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 cost of such testing.
(1976 Code, sec. 10-1/2-23; 1998 Code, sec. 38-21; 2013 Code, sec. 14-17)
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.
(1976 Code, sec. 10-1/2-24; 1998 Code, sec. 38-22; 2013 Code, sec. 14-18)
The 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.
(1976 Code, sec. 10-1/2-25; 1998 Code, sec. 38-23; 2013 Code, sec. 14-19)
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 of the operator’s stock shall likewise not engage in such business.
(1976 Code, sec. 10-1/2-28; 1998 Code, sec. 38-26; 2013 Code, sec. 14-20)
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 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.
(1976 Code, sec. 10-1/2-29; 1998 Code, sec. 38-27; 2013 Code, sec. 14-21)