HomeMy WebLinkAboutOrdinance 8305
ORDINANCE NO
AN ORDINANCE PROVIDING FOR THE UTILIZATION
OF THE CHANNELS OF CABLE COMMUNICATIONS
SYSTEMS OPERATING IN FORT WORTH PtJRSUANT TO
CABLE COMMUNICATIONS SYSTEM FRANCHISE
ORDINANCE NO 8291 APPROVED BY THE CITY
COUNCIL OF FORT WORTH ON MARCH 17 1981
PROVIDING FOR PROHIBITION OF TRANSMISSION OF
CERTAIN X RATED MATERIALS PROVIDING FOR
PROHIBITION OF TRANSMISSION OF CERTAIN R
RATED MATERIALS UNLESS SUCH PROGRAMMING IS
OFFERED TO CUSTOMERS ON AN OPTIONAL BASIS
PROVIDING FOR COMPLIANCE WITH ALL FEDERAL
STATE AND LOCAL LAWS REGARDING OBSCENITY
PROVIDING FOR PUBLICATION AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS after due deliberation and in consideration of
community standards expressed by the citizens of the City of
Fort Worth in the public hearings held by the City Council it
has been determined that in consideration far the franchise or
right to use the public property of the City and for the
protection of minors and for the general welfare of the City of
Fort Worth no 'X rated movies shall be shown by a holder of a
cable communication franchise and
WHEREAS after due deliberation and in consideration of
community standards expressed by the citizens of the City of
Fort Worth at the public hearings held by the City Council and
because of the special nature of the community access channels
provided by a holder of a cable communication franchise it has
been determined to be necessary and appropriate to prevent
f~ abuses of the channels
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH TEXAS
SECTION 1
(a) That in consideration of the franchise or right to use
the public property of the City na holder of a cable
communication franchise shall transmit movie programming on
non-broadcast channels which has been rated 'X by the Motion
Picture Association of America
(b) That in consideration of the franchise or right to use
the public property of the City no holder of a cable
communication franchise shall transmit movie programming on
non-broadcast channels which has been rated R by the Motion
Picture Association of America unless the programming is
offered to subscribers at their option
(c) That the holder of a cable communication franchise
shall comply with all federal state and local laws regarding
obscenity and shall not communicate air or broadcast or
knowingly permit the communication airing or broadcasting of
any material that is in violation of 18 United States Code
Section 1464 or any Federal Communication Commission rules or
regulations
SECTION 2
Violation of any of the provisions of this ordinance by the
cable communication franchisee shall be deemed a material breach
of the franchise and. shall subject th.e franchisee to all
penalties and remedies provided. therein as well as all other
remedies, both legal and equitable available to the City
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SECTION 3
All of the declarations and findings contained in the
preambles of this Ordinance are made a part hereof and shall be
fully effective as a part of the ordained subject matter of this
Ordinance
SECTION 4
That this Ordinance shall be in full force and effect from
and after the date of passage and publication in accordance with
the provisions of the Charter of_ the City of Fort Worth
APPROVED AS TO FORM AND LEGALITY
~~
City Attorney
ADOPTED ~j~~~
EFFECTIVE
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DATE REFERENCE
NUMBER SUBJECT Cable Communicati®ns Ordinances PAGE
x/31/81 G-4931
1 of ~'
background
On July 8, 1980 (M&C G-x+612) the City Council approved a cable communication
system request for proposals and four draft ordinances
By its action the Coune.il declared its intent to adopt upon award of
a franchise, ordinances which would contain provisions substantially
similar to those included in the attached general franchise ordinance
ordinance relating to content ordinance establishing rates ordinance
defining tenant and landlord rights and responsibilities with regard to
~
cable service
'~~
The general franchise ordinance was approved by the Council on March 17
1981 (CP-81) and adoption of the remaining three ordinances which have
been finalized by the Department .of Law is proposed at this time
Recommendation ~~"''
It is recommended that the City Council adopt the following cable communication
system ordinances
1) Program Content Ordinance ADOPT LD C~~~t~~A~~~` ~ ~ ~~ a
2) Rate Ordinance ADOPTED OI~D~~Ag~~E ~~O ~~o~
3) Landlord/Tenant Ordinance ADOPTED ORD~I~I'~~ ~~ ~~® ~'3b7
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Attachments
APPROVED BY
CITY COUNCIL
MAR ~~t 1
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SUBMITTED FOR THE ~
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING Pahl ISham ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: CITY SECRETARY
FOR ADDITIONAL INFORM~TI~M Isham Est X623
3 1
CONTACT DATE