1999-121 0RDINANCB N0 (~ ~--/~?
AN ORDINANCE AMENDING CHAPTER 8 "CABLE TELEVISION'' OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON BY PROVIDING THAT NO MULTICHANN~L
VIDEO SYSTEM MAY BE CONSTRUCTED WITHOUT FIRST OBTAINING A FRAN-
CHISE FROM THE CITY OF DENTON AND THAT MULTICHANNEL VIDEO SERVICE
CANNOT BE PROVIDED WITHOUT SUCH A FRANCHISE, PROVIDING A FINE NOT TO
EXCEED $500 00 FOR ANY VIOLATION, PROVIDING A SAVINGS CLAUSE, PROVID-
ING A SEVERABILITY CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, CoServ, winch currently has a telecommumcat~ons francinse w~th the C~ty
of Denton, as granted by Ordinance No 98-155, has made apphcat~on to the Federal Commum-
catmns Commmmon to obtmn open wdeo system ("OVS") cert, ficaUon, winch m~ght allow ~t to
clmm that ~t could construct an OVS system or cable televm~on system w~thout hamng to obtmn a
francfuse, and
WHEREAS, the C~ty Council deems ~t m the pubhc ~nterest to pass an ordinance winch
regulates OVS and other multmhannel wdeo systems and winch reqmres anyone providing such
service to obtmn a francinse from the C~ty before m~tmt~ng construction or prowd~ng such serv-
me, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Chapter 8 "Cable Televm~on" of the Code of Ordinances of the C~ty of
Denton ~s hereby amended by creating new Sections 8-164 through 8-167, winch shall hereafter
read as follows
Sec 8-164. Franchise reqmred for mulUchannel wdeo providers
All mulU-channel wdeo prowders shall obtmn a francinse from the C~ty prior to prowd-
mg servme to any remdent, business, or person w~th~n the C~ty, and shall have a franchme ~n full
force and effect at all t~mes winle such service ~s being prowded
Sec. 8-165. Multichannel wdeo provider defined
"Multmhannel wrico provider" means a person or entity who meets one or more of the
following tests
(a) The provtder ~s a cable operator, as such term ~s defined m the Federal Cable Act,
being T~tle VI of the Federal Commumcatmns Act of 1934, 47 U S C Sectmns 521 and
followmg, or ~s otherwise reqmred to obtmn a "francinse", as such term ~s defined m such
Act
(b) The prowder ~s an operator of an open wdeo system, as such term m defined ~n T~tle
VI of the Federal Commumcatmns Act of 1934 and tmplcmentmg regulattons
(c) Any person or entity who provides multlchannel video service to a resident, business,
or person within the City, where such service is transmitted in whole or an part via w~res
or lanes that are an or cross any public rights-of-way or other public property of the City
The preceding sentence shall apply whether the provider owns, leases, or otherwise ob-
tams the right to use such wares or lanes, including wires or lanes of a telecommumcatlons
provider used pursuant to tanff or otherwise for such purpose
(d) Any person or entity who provides multachannel video service who is otherwise re-
qmred to obtmn a franchise or similar agreement under the City Charter or applicable
state or federal law
Sec 8-166. Franchise reqmred for construction.
No person may construct a multachannel video system in the C~ty w~thout first obtmmng
from the City a franchise authorizing the construction of such a system
Sec. 8-167. Defimtions.
For the purpose of this ordinance
(a) "Multachannel video service" means multiple channels of video programming where
some or all of the wdeo programming is generally considered comparable to program-
ming prowded by a television broadcast station or by a direct to home satellite service
(b) "Multaehannel video system" includes
(1) A cable system, as such term as defined in Title VI of the Federal Communi-
cations Act of 1934,
(2) An open video system, as such term is defined an Title VI of the Federal
Communications Act of 1934 and implementing regulations, and
(3) Any other system which prowdes multlchannel video service to a resident,
business, or person within the City, where such service is transmitted an whole or
ur part via wares or lanes that are an or cross any public rights-of-way or other
public property of the City The preceding sentence shall apply whether the pro-
vader owns, leases, or otherwise obtains the right to use such wares or lanes, in-
cluding wires or hnes of a telecommunications provider used pursuant to tariff or
otherwise for such purpose
(c) "Construct" as used hereto includes
(1) The installation of lines, fibers, faclhties that are an or cross any of the streets,
highways, or public rights-of-way or other pubhc property within the City for use
as part of a multachannel video system, or
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(2) The connection of other faclhtles directly or indirectly to previously existing
lines, fibers, or facilities that are in or cross any of the streets, highways, public
nghts-of-way, or other public property of the City for use as part of a multlchan-
nel video system
SECTION II That any person violating any provision of this ordinance shall, upon con-
vlctlon, be fined a sum not exceeding $500 00 Each day that a provision of tins ordinance IS
violated shall constitute a separate and distinct offense
SECTION III That save and except as amended hereby, all the sections, sentences,
clauses, and phrases of Chapter 8 of the Code of Ordinances of the City of Denton shall remmn
in full force and effect
SECTION IV That If any section, subsection, paragraph, sentence, clause, phrase, or
word in tins ordinance, or application thereof to any person or circumstance is held Invalid by
any court of competent junsdmt~on, such holding shall not affect the validity of the remmnlng
portions of this ordinance, and the City Council of the C~ty of Denton, Texas hereby declares it
would have enacted such remmnIng portions despite any such vahdlty
SECTION V. That the City Council has found and determined that the meetang at winch
tins ordinance IS considered IS open to the public and that notice thereof was given In accordance
w~th provisions of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that
a quorum of the City Council was present
SECTION VI That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi-
nance to be published twice in the Denton Record-Chromcle, the official newspaper of the City
of Denton, Texas, within ten (10) days of the date of Its passage
PASSED AND APPROVED this the~'fl'' day of ~ , 1999 /
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
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