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ORD 1982-05 - Telecable Rate IncreaseORDINANCE NO. 82 -5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING CABLE TELEVISION SERVICE, REQUIRING MINIMUM RADIO AND TELEVISION AND PROGRAMMING, ESTABLISHING TECHNICAL PERFORMANCE STANDARDS, PROVIDING SUBSCRIBER COMPLAINT PROCEDURES, REQUIRING CHANNEL PRODUCTION FACILITIES, BUDGET AND STAFF AVAILABLE TO PROVIDE LOCAL PROGRAMMING OR CHANNEL ACCESS BY GOVERNMENT, SCHOOLS AND THE PUBLIC, CONTAINING VARIOUS ENFORCEMENT PROVISIONS, ESTABLISHING SPECIFIC PENALTIES FOR VIOLATION OF SERVICE REQUIREMENTS, SETTING MAXIMUM RATES, MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, Telecable of Huntsville, Inc. ( "the company ") is operating a cable television system in the City under a franchise approved by Ordinance No. 76 -12; and WHEREAS, Telecable of Huntsville, Inc. proposes to change services rendered to citizens of Huntsville by constructing a new system of cable and by increasing programming; and WHEREAS, Telecable of Huntsville, Inc. has requested an increase in subscriber rates upon implementation of proposed technical and programming changes; and WHEREAS, Telecable of Huntsville, Inc. has requested not to amend or extend the existing franchise created by Ordinance No. 76 -12; and WHEREAS, the City Council is willing to approve a rate increase only upon completion of improvements that result in the good reception of promised programming; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: Section 1. The company shall construct a new cable system in the City of Huntsville: A. The company shall construct a 330 MHz 36 channel system. The system shall have 40 downstream channels and 4 upstream channels. The rebuild shall include 110 miles of trunk and distribution cable plant. All trunk equipment shall be modular construction. All amplifiers' shall be solid state integrated circuitry. All repairs and extensions of the system shall be made with latest state of the art equipment. B. The company shall construct and maintain a plant having technical capacity for upstream and downstream communications. The downstream system shall be capable of operating between 50 and 300 MHz. The upstream system shall be capable of operating between 5 and 30 MHz. C. The company shall construct and maintain equipment capable of providing standby power for headend transportation and trunk amplifiers for a minimum of two hours. Section 2. A. The company shall provide a minimum of twenty channels of non-pay television programming. Basic non-pay programming available on channels 2 - 13 shall include the three major networks (ABC, CBS, NBC), two major independent stations, one public broadcasting system. Cable channel 7 shall be made available to the City or its designee for local programming. Additional non-pay programming shall include inspirational programming (such as CBN or PTL), sports programming (such as ESPN), and news programming (such as CNN or Channel W). B. Pay programming shall include at least two services. The company shall offer a first run movie pay service (such as HBO) and a family oriented pay service (such as HTN or Cinemax). The company shall carry only one pay service on channels 2 - 13. C. The company shall provide all FM radio programming from the Houston area. D. The company shall file with the City Manager a copy of all programming. The company shall give the City Manager 14 days written notice of any proposed programming changes. Section 3. The company shall comply with all FCC requirements. At 300 MHz, Subscriber taps shall provide a tap output plus or minus .25dB as follows: Minimum high frequency tap level 10dB Minimum low frequency tap level 7dB Maximum low frequency tap level 15dB Section 4. The company shall provide a manned twenty-four hour answering service. The company shall keep a complaint log showing all complainants' names, time and nature of complaint, action taken to resolve complaint, and time complaint resolved. If a complaint is not resolved within twenty-four hours of notice to the company, it shall advise subscriber of the complaint procedure. Section 5. In addition to provisions contained with franchise, the company shall construct at least one mile of trunk cable every year until all persons within the City that request cable television service are provided service. The company shall not be required to extend any subscriber more than 150 feet except upon payment of costs as installation cost by person requesting such service. Extensions of service shall be subject to the complaints procedure; the company shall inform any person denied service of the complaint procedure. • Section 6: (A) A standing telecable committee shall be established consisting of a representative of the City, a representative of the company, and a third party selected by both the company representative and the City representative jointly. The third party shall serve a two -year term. This committee shall hear all complaints. (B) In the event that any subscriber service is interrupted or of inferior quality, except for acts of God or in circumstances for which prior approval of interruption is obtained from the City, the company may be required by the committee to rebate all or part of the applicable bill to the affected subscriber. (C) The telecable committee shall have authority to review and determine reasonableness of requests for extension of service and costs for extensions of service. Section 7. The company shall provide basic subscriber service to every public governmental building including City Hall, the Police Department, the City Library, Fire Stations, the Courthouse, and each public school plant at no cost to the City or the governmental unit involved. Section 8. The company shall construct a system that would allow live television programming at City Hall, Walker County Courthouse, City Library, Pritchett Field and the University Coliseum all as presently located and transmit it to a point designated by the City so that it can be fully integrated into the system. Section 9. The company shall pay the City 4 per cent of all gross revenues. The company shall provide the City a statement verified by a certified public accountant disclosing amount of franchise payment, detailing method of calculation, and stating that it represents 4% of all gross revenues from the Huntsville system. Section 10: (A) The company shall purchase and maintain $50,000 (cost) of studio and local origination equipment as approved by the City. The company shall, by contract, lease or by itself, make such equipment available to the City, its designee or other persons for use in local programming under conditions approved by the City. (B) The company agrees to reserve the City, in addition to cable channel 7 or any other local programming or public access channel, a channel for governmental use or local public programming. The Channel shall be made available to the City upon 180 days notice to the company by the City if channel 7 is being used an average 40 hours or more per week. Section 11. Upon construction and implementation of the services described in Sections 1 through 9 herein, the company shall give the City Manager a notice of intent to increase rates. When the Company complies with the construction and implementation of the services described in Section 1 through 9 herein as determined by City, Council shall approve an increase of the Company's rates not to exceed the following: Installation fee . . . . $19.95 (for new customers only) Basic subscriber service 8.25 per month All subscribers will receive 12 channels on conventional television set. Certain television sets do not, however, have capability of receiving additional channels without use of converter. The company shall offer such converters for sale for not more than its cost plus 5%. Converter rental fee $ 3.50 per month (See note above) Additional outlets $ 1.50 per month Section 12. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. .,U Section 13. The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least one time within twenty days. This ordinance shall take effect ten days after the date of such publication. PASSED UNANIMOUSLY FIRST READING THIS H.day of , 1982. April , 1982. APPROVED THIS 13th day of April , 1982. PASSED SECOND READING THIS 13th day of ATTEST: Ruth eShaw, City Secretary APPROVED AS TO FORM: ati Scott Bounds, City Attorney THE CITY OF HUNTSVILLE BY Mayor