Ordinance 1993-52
ORDINANCE NO. t(~ -ad.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE
NO. 91-4 THE CABLE TELEVISION FRANCHISE AGREEMENT WITH
COMMUNICATIONS SERVICES, INC. d/b/a/ TCI CABLEVISION OF TEXAS, INC.
TO PROVIDE FOR LOCAL REGULATION OF CABLE SERVICES AND RATES;
REPEALING ALL CONFLICTING ORDINANCES OR PORTIONS THEREOF;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, The City entered into a cable franchise agreement (Agreement) with
Communications Services, Inc. d/b/a TCI Cablevision of Texas, Inc. (TCI) on the 12th day of
February, 1993, by virtue of Ordinance 91-4 (Ordinance) which was duly adopted and passed
on said date, which said ordinance and franchise agreement remain in full force and effect; and,
WHEREAS, the City has not heretofore had authority under the agreement nor Federal
Communications Commission regulations, to regulate the rates and service of TCI; and,
WHEREAS, recent Federal legislation entitled The 1992 Cable Act (Act) contains provisions
whereby Cities may gain regulatory authority over the rates for basic service and equipment
charged by cable companies in their jurisdiction; and,
WHEREAS, the City Council has determined, in its legislative capacity, that it would be in
the best interests of the citizens of Wylie for the City have and undertake such regulatory
authority and has made application for certification with the FCC, which said application has
been approved as of the 5th day of November, 1993; and,
WHEREAS, the Council desires to adopt rules and regulations to enable the City to
undertake such regulatory authority in compliance with applicable portions of the Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Ordinance 91-4, containing and being the Cable Television Franchise Agreement
between the City and TCI be, and it hereby is, amended as follows:
I. That Section 1.1 Terms is amended by addition of the following term and meaning:
"1992 Act" means the 1992 Cable Television Act as amended."
2. That Section 4.2 Rates and Charges is deleted in its entirety and the following
substituted therefore:
"4.2 Rates and Charges.
A. The City may adopt rules consistent with the 1992 Act.
B. Basic Cable Rate Review Rules and Regulations
1) Initial Basic Rate Review
a) City will review rate documentation submitted by Grantee within 30
days of the date of submission.
b) Rate regulation and orders in connection therewith will be in accordance
with FCC's Rules and Regulations.
2) Basic Rate Increase Requests
a) Cable customers and City must be notified in writing at least 30 days
before any change in the Basic Rate or equipment charges for servicing
Basic Rate customers.
b) The City's notification shall include documentation consistent with FCC
rules and regulations.
c) Rate review procedures and analysis will follow the review procedure
of Article III, Section 5a(l) and (2) of the 1992 Act.
3) Public Notice
a) Public notice regarding rate change public hearings and orders will be
consistent with Article I, Section 18 of the 1992 Act.
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b) Within 30 days of the filing of a rate change notification, the City shall
hold a public hearing to consider the proposed rate change, at which
hearing all persons desiring to be heard, including the Grantee, shall be
heard on any matter, including but not limited to, the performance of this
franchise, the Grantee's services, and the proposed new rates.
c) City will also accept written and verbal comments from the public and
interested parties regarding the Grantee's proposed new rates during the
City's rate review process. These comments will be compiled and
submitted to the City Council prior to adoption of rate orders.
4) Confidentiality of Information
Any documentation submitted by the Company is subject to the Freedom of
Information Act. Prior to the City releasing any documentation submitted by the
Grantee, the Grantee has 5 days to appeal release of the information to the FCC.
SECTION II
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance
be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION III
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION IV
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION V
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall
not be construed as abandoning any action now pending under or by virtue of such ordinance;
nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing
or to accrue, nor as effecting any rights of the municipality under any section or provisions of
any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
9th day of November, 1993.
ATTEST: (!1~ 1~uJ
Mary Nicho
City Secre