The following regulations are hereby adopted and shall be known
as the cable TV regulations for the city.
(2001 Code, sec. 4.501)
Unless otherwise apparent, the following definitions shall apply
in this article:
Affiliated programmer.
A programmer with an ownership interest of five percent (5%)
or more including general partnership interests, direct ownership
interests, and stock interests in a corporation where such stockholders
are officers or directors or who directly or indirectly own five percent
(5%) or more of the outstanding stock, whether voting or nonvoting.
Such interests include limited partnership interests of five percent
(5%) or greater.
Basic service tier.
The basic service tier shall, at a minimum, include all signals
of domestic television broadcast stations provided to any subscriber
(except a signal secondarily transmitted by satellite carrier beyond
the local service area of such station, regardless of how such signal
is ultimately received by the cable system), any public, educational,
and governmental programming required by the franchise to be carried
on the basic tier, and any additional video programming signals or
service added to the basic tier by the cable operator.
Cable operator.
Any person or group of persons:
(1)
Who provides cable service over a cable system within the city
under a franchise issued by the city, and who directly or through
one or more affiliates owns a significant interest in such cable system;
or
(2)
Who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a cable system.
Cable programming service.
Includes any video programming provided over a cable system,
regardless of service tier, including installation or rental of equipment
used for the receipt of such video programming, other than:
(1)
Video programming carried on the basic service tier as defined
in this article;
(2)
Video programming offered on a pay-per-channel or pay-per-program
basis; or
(3)
A combination of multiple channels of pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so
long as the combined service:
(A)
Consists of commonly identified video programming; and
(B)
Is not bundled with any regulated tier of service.
Small system.
A cable television system that serves fewer than one thousand
(1,000) subscribers. The service area of a small system is determined
by the number of subscribers that are served by a system’s principal
headend, including any other headends or microwave receive sites that
are technically integrated to the system’s principal headend.
(2001 Code, sec. 4.502)
A cable operator must provide the following information to subscribers
on monthly bills:
(1) A
statement substantially the same as the following: “The basic
service tier rates and related equipment and installation charges
are regulated by the city. If you have any questions or comments regarding
these rates, you may call or write the city at (address and telephone
number).”
(2) The
FCC community unit identifier for the cable system.
(2001 Code, sec. 4.503)
A cable operator shall not charge a subscriber for any service
or equipment that the subscriber has not affirmatively requested by
name. This provision, however, shall not preclude the addition or
deletion of a specific program from a service offering, the addition
or deletion of specific channels from an existing tier of service,
or the restructuring or division of existing tiers of service that
does not result in a fundamental change in the nature of an existing
service or tier of service, provided that such change is otherwise
consistent with applicable regulations. A subscriber’s failure
to refuse a cable operator’s proposal to provide such service
or equipment is not an affirmative request for service or equipment.
A subscriber’s affirmative request for service or equipment
may be made orally or in writing.
(2001 Code, sec. 4.504)
A cable operator shall file its schedule of rates for the basic
service tier and associated equipment with the city within thirty
(30) days of receiving written notification from the city that the
city has been certified by the commission to regulate rates for the
basic service tier, or by November 15, 1993, whichever is later.
(2001 Code, sec. 4.512)
This article shall be construed under and in accordance with
the laws of the state and city codes to the extent that such codes
are not in conflict with or in violation of the constitution and laws
of the United States or the state. All obligations of the parties
hereunder are performable in Fayette County, Texas. In the event that
any proceeding is brought to enforce the terms of this article, the
same shall be brought in Fayette County, Texas.
(2001 Code, sec. 4.520)
It is hereby officially found and determined that the meeting
at which this article is passed was open to the public as required
by law and that public notice of the time, place, and purpose of said
meeting was given as required in accordance with chapter 551, Texas
Government Code.
(2001 Code, sec. 4.521)