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Home My WebLink About022217 ORD - 04/25/1995ORDINANCE AMENDING THE OPERATING RULES OF THE CABLE TELEVISION PUBLIC ACCESS CHANNEL TO DEFINE VIOLATIONS OF THE RULES; SPECIFYING CIVIL PENALTIES FOR SUCH VIOLATIONS; SPECIFYING COMPLAINT INVESTIGATION AND APPEAL PROCEDURES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION Section 2-182 of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") authorizes the Corpus Christi Cable Communications Commission (the "Commission") "[t]o establish rules and regulations for the use of public access channels until such time as a public access user council has been certified." The purpose of this resolution is to amend the rules governing the use of the public access channel (the present channel 10). The City Council finds that program time available on channel 10 is a limited resource. To ensure that this limited resource is of maximum use and benefit to the citizens of Corpus Christi, the City Council finds that it is necessary and proper to pass this ordinance. This ordinance is designed to ensure the efficient administration of the public access channel and to ensure uniform application of public access channel operating rules. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is hereby amended by adding a new Section 2-184 to hereafter read as follows: Sec. 2-184. Public access channel. (a) It shall be a violation of the public access channel operating rules: M55000 054 bak March IQ 1995 0:041'0 (1) for any program cablecast on the public access channel to contain any advertising material (_)22217 designed to promote the transfer of commercial products or services for consideration; (2) for any program cablecast on the public access channel to contain any advertising by or on behalf of candidates for public office; (3) for any program cablecast on the public access channel to contain any lottery information. A "lottery" shall be defined as any activity or enterprise offering prizes the award of which is dependent in whole or in part upon lot or chance; (4) for any program cablecast on the public access channel to contain obscene or indecent material. The term "obscene" shall have the meaning stated in Section 43.21(a) of the Texas Penal Code; and (5) for the user of the public access channel to fail to comply with TCI Cablevision of Texas, Inc.'s ("TCI") public access channel rules and procedures. Such rules govern topics including, but not limited to reservation of program time slots; program scheduling; reservation and use of TCI equipment and studio facilities; and program technical standards. For purposes of the public access channel operating rules, a "user" of the public access channel shall include an individual who submits programs for cablecast on the public access channel or who utilizes TCI equipment or facilities to produce programs for cablecast on the public access channel. "User" shall also include any group, organization or entity which an individual user represents. The Commission is authorized to promulgate rules and guidelines and render advisory opinions clarifying the above rules for users. M55000054.bek March 10, 1995 (2 03pm) 2 3 (b) For violations of the public access channel operating rules, each user of the public access channel shall be ineligible to use the public access channel for the following time periods, and otherwise subject to discipline, as follows: (1) for the first adjudicated violation of the operating rulesrs (i) TCI shall issue a warning lcttcr Notification Letter (hereafter defined) to each user involved. The letter shall identify any violations and shall dcfincd) impose a ten (10) -day suspension upon each user involved During this time period each user shall be ineligible to use the public access channel; and (ii)thc pr gram containing any violations shall be rcmovcd from thc public accccs channcl, and ach uscr a) cdits thc pr gram t mit any matcrial which violatco thc operating rulcs, b) hao an pp rtunity t btain rc training fr m TCI conccrning thc public acccso channcl operating rulcs, and c) obtains ccrtifi ation from TCI that such rc training has bccn c mplctcd, and (2) for the second adjudicated violation of the operating rules, each user shall be ineligible to use the public access channel. (c) Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of these rules. (d) TCI may receive complaints concerning violations of the public access channel operating rules from the City, the Commission, or current TCI subscribers who are residents of Corpus Christi. Additionally, TCI may initiate the complaint process itself. (e) TCI shall receive and investigate complaints concerning violations of the public access channel operating rules. If the operating rules have been violated, TCI will mail written notice (the "Notification Letter") of the results of the M55000054b,k March '0 1995 (2 :Own) investigation to the user. (The sent to both the individual user or entity which an individual certified mail, return receipt provided in the application.) 4 Notification Letter shall be and the group, organization purports to represent, via requested, to the address The Notification Letter shall specify the penalties imposed. Exccpt for a period of incligibility incidcnt to a warning lcttcr f r a first adjudi atcd vi lati n, which shall othcr pPeriods of ineligibility to use the public access channel shall commence fivc (5) daya, and removal of a program from the public access channel shall occur after the later of: a) the datc f tho last day on which a user may timely commence an aDAeal of a decision n ifi d in a Notification Letter; or b) the date f a dccisio �y t rc Coenntission c nccrning an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until edited to remove the viola ion (f) A user may appeal a decision specified in a Notification Letter by physically delivering to TCI a written notice of appeal on or before eight (8) calendar days after the Notification Letter is mailed. The notice of appeal ("Notice of Appeal") shall state the grounds for appeal. Failure to appeal timely constitutes an adjudication of violation. All Notification Letters shall state the date by which an appeal must be received. TCI shall immediately deliver the appeal to the Commission. (g) The Commission shall promptly set the appeal for hearing. The appellant shall have at least three (3) calendar days notice of the hearing. TCI, the City, and the appellant may present evidence. The Commission shall promptly render its decision. In deciding any appeal, the Commission may impose civil penalties in accordance with these rules. The Commission shall not have jurisdiction to vary civil penalty durations on a case-by-case basis. M55000.054 bak March 10, 1995 (2 03pm) 5 (h) Appeals of Commission decisions may be made to the City Council in accordance with the procedures specified in the City Charter and the Corpus Christi Code. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. It is the definite intent of the Corpus Christi Cable Communications Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. MLS/bak MS5000.054.bak March 10, 1995 (2:03pm) That the foregoing ordinance was read for the first time and passed to its second reading on this the 26 day of � k r'^�^ 19 45 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria That the foregoing ordinance passed finally on this the 19 , by the following ote: Edward A. Martin Dr. David McNichols David Noyola Clif Moss was read for the second time and day of Mary Rhodes Dr. Jack Best Melody Coope Edwa Cezar Ga ndo Sett Jean Longoria ASSED AND APPROVED, this the 19 ATTEST: City Secretary APPROVED: /C/ DAY OF /gait dile A. Martin r. David McNichols David Noyola Clif Moss / day of MAYOR THE CITY OF CORPUS CHRISTI , 19 5 : JAMES R. BRAY, JR., CITY ATTORNEY Assistant City Attorney \forms\044 That the foregoing ordinance was . d for the first time an day of , 19 , by e following vote: assed to its second rea.' g on this the Mary Rhodes Dr.Jack Best Betty Blac Melo. Cooper Betty Jean Longori John Longo Edw T y Heldenfels That the oregging ordinance was of , 19 A. Martin David McNichols ead for the second time and passed finally on this the 2 day 5 , by the following vote: Mary Rhodes ! Betty Jean Longoria 0001 M a � Dr.Jack Best John Longoria Betty Black , I Edward A. Martin Melody Cooper Dr. David McNichols Tony Heldenfels nn PASSED AND APPROVED, this the 25 day of V f" " C , 19 g 5. ATTEST: APPROVED: DAY OF , 19 JAMES R. BRAY, JR., CITY ATTORNEY By Assistant City Attorney \forms\044 U22 7 CITY OF CORPUS CHRISTI PUBLISHER'S Alit !DAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 66686 PO N Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022217 AMENDING THE CODE OF ORDINANCES. CITY OF CORPUS CHRISTI, BY AMENDING THE OPERATING RULES OF THE CABLE TELEVISION PUBLIC ACCESS CHANNEL TO DEFINE VIOLATION OF THE RULES• which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 1ST day(s) of MAY. 1995. ONE (11 Time(s) $ 37.40 ``�\\\I11111111�„ * 1 • '• 4' OF TCS.z. •• • `''''>PiRts • 1 /41in mvvvv. r Vice -President and Chief Financial Officer Subscribed and sworn to before me this 15TH day MAY, 1995. VN ja • RaAjrit -4 Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. C17/Manday, May 1. 1995 INOTICE OF PASSAGE Of ORDINANCE NO. 022217 AMENDING THE CODE Of ORDINANCES, CITY OF COR- PUS CHRISTI, BY AMENDING I THE OPERATING RULES OF I THE CABLE TELEVISION PUB- LIC ACCESS CHANNEL TO DEFINE VIOLATION OF THE RULES; SPECIFYING CIVIL PENALTIES FOR SUCH VIO- LATIONS; AND SPECIFYING COMPLAINT INVESTIGATION APC APPEAL PROCEDURES. TM ordinance was paaaad - and approved by the City t Council of the City of. Cap* Christi an, 45sh day at ANa1lal, City of Caps