The text
Footnotes:
--- (1) --- Cross reference— Amusements and entertainments, ch. 10; businesses, ch. 26; streets, sidewalks and other public places, ch. 94; utilities, ch. 110; zoning, ch. 118.
State Law reference— "Cable television service" defined, V.T.C.A., Tax Code § 151.0033.
ARTICLE I. - IN GENERAL#
Secs. 30-1—30-25. - Reserved.#
ARTICLE II. - CABLE TELEVISION#
Sec. 30-26. - Findings of council.#
The city council makes the following findings: (1)
On October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition Act (the 1992 Act), empowering local franchising authorities to regulate rates in accordance with rules to be promulgated by the Federal Communications Commission (FCC).
(2)
On May 5, 1993, the FCC promulgated rules granting the city, in its capacity as franchising authority, power to regulate rates for cable television basic service and related equipment, in the absence of effective competition.
(3)
Effective competition, as defined by Congress, is not present in the city.
(4)
On October 11, 1993, the city filed with the FCC a petition for certification to regulate basic service rates and related equipment charges. Unless notified to the contrary, the city shall be deemed certified to regulate these rates and charges on or about November 15, 1993, which is 30 days after the date stamped on the postal return receipt sent to the FCC.
(Ord. No. 93-18, pt. 1, 11-23-93)
Sec. 30-27. - Adoption of FCC rules.#
The rules promulgated by the FCC pursuant to the 1992 Act, published at 47 CFR 76.900 et seq., as may be amended from time to time, are hereby adopted and incorporated by reference in their entirety. The provisions set forth in section 30-28 are intended to be consistent with these rules and shall be interpreted to that effect. A copy of the FCC rules shall be retained at the office of city secretary.
(Ord. No. 93-18, pt. 2, 11-23-93)
Sec. 30-28. - Provision by cable service providers of required information.#
A provider of cable television service shall provide, without cost to the city, all information requested by the city in the exercise of its regulatory authority to set just and reasonable rates pursuant to this article within ten calendar days of the receipt of the request for information by the provider. The city shall treat such information in accordance with the federal Freedom of Information Act (FOIA), 5 USC § 552, et seq. and/or the Texas Open Records Act, V.T.C.A., Government Code ch. 552, as amended from time to time, as appropriate.
(Ord. No. 93-18, pt. 3, 11-23-93)
Sec. 30-29. - Regulation of rates, charges and fares.#
The council shall have full power, after notice and hearing, in accordance with the council's usual procedures to regulate by ordinance the rates, charges, and fares of every provider of cable television service operating in the city, provided that no such ordinance shall be passed as an emergency measure. Any cable service provider requesting an increase in its rates, charges, or fares shall have, at the hearing on such request, the burden of establishing by clear and convincing evidence the value of its investments and the amount and character of its expenses and revenues. No cable service provider shall institute any legal action to contest any rate, charge, or fare fixed by the council until such cable service provider has filed a motion for rehearing with the council, specifically setting out each ground of its complaint against the rate, charge, or fare fixed by the council, and until the council shall have acted upon such motion.
(Ord. No. 93-18, pt. 4, 11-23-93)