HomeMy WebLinkAbout024930 ORD - 06/25/2002
ORDINANCE
AMENDING SECTION 6.2 OF THE CLEARSOURCE FRANCHISE
REGARDING PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS
CHANNELS
WHEREAS, ClearSource, Inc. ("ClearSource") is the duly authorized holder of a
franchise granted by the City in Ordinance No. 023835 and passed by the City Council on
November 9, 1999, (the "Franchise")
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI AS FOLLOWS:
SECTION 1.
That Section 6.2 of the Franchise is amended to read as follows:
6.2 Public, Educational and Governmental Access.
A. Access Channels. Grantee shall offer the following channels to each of it
Subscribers as part of the Basic Service.
(I) Public Access - Two (2) specifically designated Channels for non-
commercial public access use.
(2) Local Educational Access - One (I) specifically designated Channel
for non-commercial local educational access use by City-designated
users.
(3) Government Access - One (I) specifically designated Channel for
non-commercial use by the City.
B. Additional Access Channels. Upon demonstration that an Access Channel
is in use with locally produced audio-video programming (not Character
Generated programming) during the weekdays (Monday-Friday), for
seventy-five percent (75%) of the time, twenty-four (24) hours per day for
twelve (12) consecutive weeks, and there is a request or demand for use of
0249JO
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an additional Channel for the same purposes, Grantee shall, upon receipt
of written request from the City, have sill (s) mSHtas one (I) vear in which
to provide an additional Access Channel dedicated for the same purpose,
provided that the provision of such additional Channel(s) shall not require
the Grantee to install Converters. In calculating use of the Public,
Educational and Governmental programming:
(I) Character generated programming shall not be included.
(2) For Public and Educational Access programming purposes repeat
programming shall not be counted.
(3) For Government Access programmmg purposes, repeat
programming shall be counted only in the first week of the original
cablecast for weekly programming up to a maximum of three (3)
airings; and only in the first month of the original cablecast for
monthly programming up to a maximum offour (4) airings.
(4) For Educational and Government Access programming purposes,
only Locally Produced Programming shall be counted.
tJetwitastaBaiag ElRj,t);}iflg to the eeBtrary, B0\yeyer, He mere tRan 1\"0 (2)
ehaFlnels shall 8E! maee availal3le for Publie ~^~eeess aRE! He m.ere t:RaFl a
teta} ef sin (6) eHaflflels shall ee maee a./ailaele fElr PEG ~^~eI:H?SS
esmlliAea. . Under the above conditions, the number of channels available
for Public Access can be increased from two channels to three channels,
and UP to three channels can be made available for Educational and
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Government Access combined; provided that, in no event can more than a
total of six channels be made available for all PEG Access combined.
C. Unused Channels. If demand for use of the PEG Access Channels does
not warrant activation or continuation of all such Channels, Public and
Educational Access programming may, upon the written approval of the
City, be combined on one or more Channels.
D. Non-Commercial Programming. The Public Access channels provided
under this Section 6.2 shall be used exclusively for Locally Produced
Programming and no PEG Access Channel shall contain any Commercial
Programming. Grantee shall be allowed to utilize the access channels for
such other purposes as it mav deem appropriate whenever the users are not
utilizing the channels upon the written approval of the Citv.
E. Transition. For ninety (90) days following the Effective Date (the
'Transition Period) of this Amendment, Texas Cable Partners shall
continue to provide scheduling and playback for the Public and
Government Access Channels. In addition, during this Transition Period
Texas Cable Partners shall also provide a playback schedule and duplicate
of tapes for playback of Public and Government Access programming for
use by other franchised cable operators in the City. Grantee shall pay
Texas Cable Partners $1,000 per month for each for the services provided
to the Grantee during this Transition Period.
F. Playback. Notwithstanding anything to the contrary, Grantee shall begin
cablecasting all PEG access programming within thirty (30) days of the
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Effective Date of this Amendment, in accordance with the Rules and
Procedures for Public Access Cablecasting set forth in Exhibit "A" of the
Master Ordinance. Grantee will be responsible for obtaining and
maintaining the playback equipment to cablecast program tapes on the
two public access channels and the government access channel, and
employing staff to operate such equipment. None of Grantee's costs to
provide the playback services shall be passed onto to the City nor charged
against the franchise fees. The City or its designee shall be responsible for
developing the ~ playback schedule of the Public and Government
Access Channels and distributing a copy of the playback schedule to each
franchised cable operator, in accordance with the rules and procedures
developed by the City. The obligation of any franchised operator to
provide Public and Governmental Access playback is subject to any and
all franchised cable operators providing the same playback services.
G. PEG Feeds- Grantor agrees to provide Grantee with one (I) single mode
fiber connection and no equipment from each DMARC to connect to the
Government Channel and Education Channel at City Hall. DEMARC for
Del Mar College is; 101 Baldwin Blvd., Buddy Venters Bldg., Room 185
wiring closet one SMF to City Hall DEMARC: DEMARC for Nueces
County is; 901 Leopard, New Jail Mechanical Room, one SMF to City
Hall DEMARC: City Hall is; 1201 Leopard, City Hall Basement conduit
closet, one SMF to Ayers/Civatan DEMARC: twenty Five foot (25')
pigtail connection to Grantee's fiber at; Ayers/Civatan intersection. In
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exchange, Grantee will upgrade Grantor's Internet capacity to full duplex
5 Mbps (equivalent of3 Tllines) over the current fiber connection to City
Hall during Monday through Friday, 7:00 AM to 6:00 P.M. CST
immediately. The Internet capacity may be reduced to I Tl Line after said
hours. Grantee agrees to make arrangements to receive these feeds to
begin cable casting of Educational channel within thirty (30) days from the
Effective Date of this Amendment, and begin cablecasting the
Governmental access channel within forty-five days from date this
Amendment passes on second reading, or forty-five days after close of
merger transaction between ClearSource and Grande Communications,
whichever is later. None of Grantee's costs to connect to the Educational
or Governmental channels shall be passed on to the City, nor charged
against the franchise fee.
H. Capital Support for Government Access. The parties acknowledge that
Grantee has made a one-time grant in the amount of two hundred thousand
dollars ($200,000) for government access equipment and facilities (and
not for operating expenses or support). OR Sf esf8re tae SSyeRtR
anniversary Elate Elf tHe Franehise ~A..greement, tHe Grantee shall esntris1:lte
aH aaditiGFlal fifty ta0Hsana aellal's ($59,990) for suell fH1IfJ0ses.
I. Grantee will provide an additional fiftv-two thousand five hundred dollars
($52,500) for public access equipment and facilities, due as follows:
1. Grantee will make II annual pavments of three thousand five hundred
dollars ($3,500), the first of which is due and pavable Januarv 3 L 2003,
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and a like pavment due and pavable bv each consecutive January 31.
Grantee will make a final pavment of $14,000 bv Januarv 31. 2014.
K. Access Channel Designations. Grantee acknowledges and agrees that
unless otherwise agreed in writing, the Access Channels activated and
used by the City will have the same Channel number designations as those
that are utilized by the Incumbent Provider as of the Effective Date of this
Franchise Agreement.
L. Ad A vail Grants. In order to promote Access Programming, Grantee will
provide the City ad avails each year at Grantee's lowest unit cost. The ad
avails will be on a "run of schedule" basis and shall appear on Channels
used by Grantee for local advertising.
M. Assistance with Soliciting Contributions. Once per year, if requested by
the City, the Grantee shall provide its Subscribers an Access promotion.
L. Technical Oualitv. Grantee shall maintain all Access channels meet the
technical standards of the FCC; provided, however, the Grantee shall not
be responsible for defects, flaws or other impairments in the programming
delivered to the Grantee.
M. Interconnection. Instead of providing playback equipment for the public
access channels and government channel and connecting to the
demarcation points for the educational and governmental access channels,
Grantee may negotiate with incumbent Cable Operator for feed to
cablecast these channels to Grantee's subscribers, subject to City approval
of the final negotiation, such approval shall not be unreasonably withheld.
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That JPe Jj)regoin ordinance was read for the first time and passed to its second reading on this
the l~JIfay of ,2002, by the following vote:
~ j"" Noyol, ~
Henry Garrett ~ Mark Scott
Bill Kelly ~
That the f~Oing ordinance was read for the second time and passed finally on this the ~ fh
Dayof ~,~, 2002, by ~(OI~OWing vote: ~ II /J
Samuel L. Neal, Jr. Rex A. Kinnison ~
Brent Chesney ~. John Longoria ~
Samuel L. Neal, Jr.
Rex A. Kinnison
Brent Chesney
John Longoria
Javier D. Colmenero
Javier D. Colmenero
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly ~
PASSED AND APPROVED this th: ~y of ~ 2002.
ATTEST:
,~
Armando Chapa, City Secretary
~'~441: ?!:42-
Samuel L. Neal, Jr., May r
City of Corpus Christi
LEGAL FORM APPROVED .~ ;;2 I
JAMES R. BRAY, JR.
CITY ATTORNEY
By: X~Yl. ~
Lisa Aguilar ~
Assistant City Attorney
,2002
024930
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PUBLISHER'S AFFIDAVIT
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State ot\.Te'Xas
County of Nueces
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CI1Y OF CORPUS CHRISTI
ss: Ad # 4204547
PO #
Before me, the undersigned, a Notary Public. this day personally came Diana
Hinojosa, who being first duly swom, according to law, says that she is Credit
Supervisor of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks. Duval. Jim Hogg. Jim Wells. Kames, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 26TH day(s) of MAY, 2002.
OJ493()
GIrt. No.
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$125.97
Credit Supervisor
lWO (2 ) Time(s)
Subscribed and swom to me on the date of
MAY 27. 2002.
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Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
COlp\lS Christi Caller- Times Su~v, May 26. 2OO2/F,7
NOTICE OF PASSAGE
OF ORDINANCE ON
FIRST READING On
~ May 21, 2002., the City
r Council of the CIty of
I Co rpu s Christi. T exes,
. approved the . first
reading of, an
ordinance to amend
lilefra_O_
in Ordinance No.
023835 to
ClOiiiSOu.... Inc. The
ordinance amends
section 6.2' of the
flllOChise regarding the
riquirements,for
publlc,..wcaaonel tind
gd~t,,""eftt" aeons
channels. 'All other
franChise requirements
(such as payments for
the use of public
streets and ways equal
to 5% of the gross I
revenues,.. customer
service standards,
i ndemn Ificat/on,
Insurance, .ecurlty l
fund, system
ca,pabJi_ities,
t~~,,_.J1.-:~f~,!
. use of;
1.,1I"',s lor City i
~S"t grant forI
er::~\~, ar:::'
"'-> . o><prOSSed in
Ordinance No. 023835
remain the sanuw:: A
Copy of the ordJhaneEl
is available for
inspection in the office
of the Cily Socrotary.
'" A_ Chope
Cilyof~~
F!HM1CE Oi::PARH\Eh 1
PUBLISHER'S AFFIDAVIT
02 .AlL -5 PH 12: , 1+
State of Texas
County of Nueces
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ss:
CITY OF CORPUS CHRISTI
Ad # 4238873
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 30TH day(s) of JUNE, 2002.
OV'Ct, No, o;z<<q:30
$133.03
bL'O:/LO.- ?tj Uu~.s~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
JULY 01,2002.
(l~~ ~_~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
.',
.
Sunday,June 30, 2002
NOTICE OF P"'SSAGE
OF ORDINANCE ON
SECOND READING
On June 25, 2002, the
City Council qf the City
of Corpus Christi,
Texas. approved the
second reading of, an
ordinance to amend
the franchise granted
in Ordinance No.
023835 to
ClearSource, ,Inc. The
ordinance amends
Section 6.2 oftha
franchise regarding the
requirements for
public. educational and
government access
channels. equipment
and facilities. All other
franchise requirements
(such as 15-year term,
payments for the use
of public streets and
ways equal to 5% of
the gross revenues,
customer service
standards,
lnd em n ification,
insurance, security
f: fund. system
capabilities,
performance review,
broad ,programming
categories, use of
facilities for City
purposes. 'grant for
government access
facilities, and related
matters) expressed in
Ordinance No. 023835
remain the same. A
copy of the ordinance
Ie available for
inspection in the office
of the City Secretary.
IsI Armando Chapa
City Secreta'Y.
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