ORDER NO. 12396 APPLICATION OF HILL COUNTRY CABLEVISION, INC. TO USE ROAD RIGHTS OF WAY STATE OF TEXAS X X COUNTY OF KERB X TO THE HONORABLE COUNTY COMMISSIONERS OF KERR COUNTY, TEXAS: I HILL COUNTRY CABLEVISION, INC. ("Applicant"), the owner and operator of a cable ("CATV") system for the distribution of television and other signals in Kerrville, Texas, being desirous of serving other areas of Kerr County, Texas, by the distribution to such areas of programs televised or broadcast by means of coaxial cable hereby files this Application to construct, erect, operate and maintain, in and upon., along, across, above, over and under the streets, alleys, public ways and public places now or hereafter laid out, or dedicated, and all extensions thereof and additions thereto in Kerr County, Texas, all poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation of a CATV system in Kerr County, Texas, for the inception, sale and distribution of television and radio signals. Applicant hereby submits that the location of poles, towers and conduits will be fixed in such a manner so as to not unreasonably interfere with use of such streets, alleys, public ways and public places and agrees that this Court may make and impose such requirements as are not unreasonably burdensome upon Applicant and which do not unreasonably interfere with the operation and maintenance of the of same and all such poles, wires, cables, guys, and other equip- ment which may be erected and/or installed by Applicant shall be placed at Applicant's sole risk and responsibility. III Applicant shall erect and/or install any wire or cable placed across any public way or place in such a manner, so that it complies with the requirements of the National Electrical Safety Code and any other local, state, or national regulations relating to same. IV Applicant further shall place and maintain in effect during the term hereof at its expense public liability and property damage insurance with endorsement in favor of Kerr County, Texas, in the minimum amounts of $100,000 for any single personal injury to any one person, $300,000 for personal injury in any one single accident, and $10,000 property for any one accident. V The permit here applied for shall extend for a period of fifteen (15) years from the date of approval by County Commissioners' Court. APPROVED this ~ --'day of KERB COUNTY COMMISSIONER5'~C~ n ~ - n '~- Respectfully submitted, ''THE STATE Or TEXA$ COUNTY OF K.r.RR I , 5;~,{J;IE M. MUENi~ER, Clea•k oP the County Court p.n~ Ex-cfficio Clerk of the Commis3ioners' Courfi, of Kerr County, Texas, d.*~ hereby certify th.s,t the above and foregoing is a ~rur: an:1 correct copy of Ol'Ii~ER IvC.12396 passed by t?~n Comr~issio:~~rs' Court cm fi,Y~e 25thday of April A. U, i~3 75 as the 38.t~? apT7Pars of reocsrdxia~cxyNC3~e~aacxxxxx~cxR~cac~ as man~~est, of the Minutes of the Comni;~sioners' Court of Kerr Ccu:-t.y, Texas. IN TECTIIIrCNY ~9-iFRFCF I ha.tTe hereunto<_~~t r~~r hand a.nd seal of office at Kerrville, Texas c~:z t:nis 25th day of AUri 1 A . D . 18 75 . ~~ ~ ~ \.J.CI Cler.~k Co~zr;;ti~ Court and Flx-officio Clerk of CoMmissioners' Court of Kerr County, Texas COMMISSIONERS' COURT AGENDA REQUEST • PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. / ~ ,, - MADE BY: ~~ (-~,~~~L . ,~ ~ _ ~"-t-- ~. /~ z MEETING DATE: ~< %~'~~ ~ ,` ~ ~~~ ~~ I~ ~ ~ ~ OFF ICE: -~!~ 1~• ~) ~~ `: /> . '.'~ ~r.~1= , TIME PREFERRED: ~~~ ~~~'% SUBJECT: (PLEASE BE SPECIFIC): `~~~~~= ~ ,,/- / , J`'-`~ ~frP - ~~ ~~ -t .7 r ~~ / l~.r ~ ~ ! yh<) ~ ~^~~~~r, ~P / ~ i~~ l /~ Ss'iYi7~~' ,~~~ffi P- / l/ r'//E~ `..^ ~.,r _`I /e/t°_ li,~ /'7e•.k, p~° Ci /~tl Q,r /l1 .=-~ / ~1. / ~~ (~?. ~_/1~. ~~ ~ ~ ~ ~ ~ ~ CY . ~ ~ tf~V / '~ ` [ `i Ct ' J `~' '(.~,r- di ~ > A:1.7 t'~j't ~'/'~ j ~" /+ --, i ESTIMATED LENGTH OF PRESENTATION: ~~,%%~'- IF PERSONNEL MATTER -NAME OF EMPLOYEE: ~/~ j3 '. NAME OF PERSON ADDRESSING THE COURT: ~`° ~. ~~~ ~' ~~~ ~ ~<~ ~ ~' Time for submitting this request for Court to assure that the matter 1s posted In accordance with Article 6252- i 7 Is as follows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. If preferable, Agenda Requests may be made on off ice stationery with the above information attached. THIS REQUEST RECEIVED BY: ~~ THIS REQUEST RECE IVED ON: ~ - ~~ - ~~~ @ ~ ~ Ui~ All Agenda Requests will be screened by the County Judge's Office to determine If adequate information has been prepared for t:he Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. ,, ~ rT ~i1•_~ OCCUPATIONS AND BUSINESS - '~• Title 132 '~ in reiiarce on a false or fraudulent statement, representation, or material ~;;,,.,,,,,,.> >-.t n,;sne; a rebuttable presumption of injury. J j~ Enforcement; civil penalty; restraint of violations . : ~~ _ _ ;';r a;tor.:cr general s'rall enforce this het. The attorney general may r ,. ~ ..r .l ^enait,;,' not to exceed $°,000 for each violation of this Act and may seek ~; . ~: „~;;,C _,.~_ to :entrain a ~riolation of this act. Financial requirements - a~ F:cceot as provided by Subsec*ion (cl of :his section, each invention •tr - --~ - f ~ g t _ ___:rr -::~c2~n, cr of_A_,n o render invention development services in this state `= ~ , _.. ~ 'oond issued by a surety company authorized to do business in this state. .,~.,. ~ gum ~~f the bond must be at least five percent of the invention developer's ' 5 .e,rr~ 'rpm the invention development business in this state during the invention `' " ~ ,. t `;scat -:ear or 525,000, whichever is greater. The invention developer -., --, F~ a ~o., of the bond arith the secretary of state before the day on which the -e _~~ ~ e ;~, : ;c•; a.~~er begins business in this state. Before the 91st day after the last day __ `mss- ,~_ _.._ _nvontion developer's fiscal year, the invention developer shall change the amount ?: u ^a oond .i necessary to ^oniorm with the requirements of this section. ' _~ ~' fbi T:-e oond reouired by Subsection (a) of this section must be in favor of the State of :. _ ~ ~' 1 ~ . ~r t're benefit of any person who, after entering into a contract for invention = i~ve..~?r"~ent sendces with an invention developer, is damaged by fraud, dishonesty, or _ ~- ~~,._ ~= .a .are :a ?ro•nde the serdces of the invention developer in per'ormance of the contract. _ =in•'- ~ers~r. eiaimir,g against *.he bond may maintain an action at !aw against the invention - d~~re.'o: er ar.d t he surety-. The aggregate liability of the surety to all persons for all , ` ~`_ br~ac:^v; o conditions of the bond required by this subsection is limited to the amount of -~;, r,~=,: ,c; instesd of furnishing the bond required by Subsection (a) of this section, the _ invent:on aeveioper may deposit with the secretary of state a cash deposit equal to the e t :t :a; :.ne bond required by tilig section. ins case u~t,~„t Tay be satisfied by: `~ -' ;~ i ce^'f?cares of deposit payable to the secretary of state issued by banks doing _ _ „t„~..~~s :n ;hl; state and insured by the Federal Deposit Insurance Corporation; -~: ~' 2) .;.: est:nent certificates of share accounts assigned to the secretary of state and `= issued by a savings and loan association doing business in this state and insured by the "=~_'°~ Federal Savings and Loan Insurance Corporation: :~ {~) bearer bonds issued by the United States government or by this state; or (4) cash deposited with the secretary of state. . ~. - '_ ~ ' ~ Effect on other laws (' Sec. 12. This Act does not annul or limit any obligation, right, or remedy that is ~' ~~" !. ~ applicable or available under the law of this state. - -i Acts 1981, 67th Leg., p. 260, ch. 108, eff. May 7, 1981. + Historical Note ~ i. Title of Act: An Act relating to the regulation of invention - _ development services. Acts 1981, 67th Leg., p• ~i~- 260, ch. 108. Art 9021. Installation and maintenance of community antenna or cable television equipment Detlnitions Section 1. In this Act: (1) "Eauinment" means a line, wire, cable, pipe, conduit, conductor, pole, or other facility for transmission of community antenna or cable television service. (2) "Person" means an individual, firm, or corporation. 384 OCCUPATIONS .1ND BUSINESS Art. 902? Title 132 Installation and maintenance Sec. 2. In any unincorporated area in the state, a person in the business of providing community antenna or cable television service to the public may install and maintain equipment through. under, along, across, and over a utility easement, a public road, an alley, or a body of public water in the state, in accordance with this act. Public convenience Sec. 3. The person shall install and maintain the equipment in a manner that does not unduly inconvenience members of the public using the affected property. Notice and location Sec. 4. (al Before a petson installs equipment within the right-0f-way of a state highway or county road in an unincorporated area, the person must notify the State Department of Highways and Public Transportation, if a state highway is involved, or the county commissioners court, if a county road is involved. (b) On notiiicar'on under Subsection (a) of this section, the department or commission- ers court may designate the place within the right-of-way where the equipment is to be installed, if it is not to be installed on an existing facility. (c) If necessar: to permit widening or changing of traffic lanes, the department or commissioners court may rewire a person to relocate its equipment installed within the right-0f-way of a state highway or county road. The department or commissioners court shall give the person written notice not later than 45 days before the relocation is to be made. The notice must spt~cify the equipment to be moved and the place within the right-of-way where the equipment may be reinstalled. The person shall bear the eepense of repairing a state highway or county road damaged by a relocation under this subsection. Acts 1983, 68th i.eg., ,n. 3234, ci 556, elf. June 19, 1983. Histo.^:cal Note Title of Act: An .lot relating ra the installation and mainte- nance of communi • antenna or cable television eaui_nment. acts :983, 68th Leg., p. 3234, ch. JJO. Cross References Department of Public Saiery, dishonored check fee, see 37 TAC ~ 1.211. United States Supreme Court Preemption, cable television, FCC regulations on cable signal quality, see City of ?few York v. F.C.C.. 1988, 108 S.Ct. 1637, 486 U.S. 5i, 100 L.Ed.2d 48. Art. 9022. Processing fee by holder of dishonored check (a) The holder of a check or its assignee, agent, representative, or any other person retained by the holder to seek collection of the face value of the dishonored check on return of the check to the holder following its dishonor by a payor may charge the drawer or endorser a reasonable processing fee, which shall not exceed $15. Notwithstanding any other provisions of law, a loan agreement made under Chapter 3 or 4, Title 79, Revised Statutes (Article 5069-1.01 et seq., Vernon's Texas Civil Statutes),t may provide that on return of a dishonored check given in payment under the agreement, the holder may charge the obligor under the agreement the processing fee authorized by this act, and the fee may be added to the unpaid balance owed under the agreement, except that interest may not be chazged on the fee during the term of the agreement. (b) Nothing herein shall be construed as affecting any right or remedy to which the holder of a check may be entitled under any rule, regulation, written contract, judicial decision, or other statute. Acts 1983, 68th Leg., p. 3873, ch. 617, $ 1, eff. Aug. ?9, 1983. Subsec. (a) amended by Acrs 19fi7, 70th Leg., ch. 687, 3 1. cif. June 18, 1987. 1 Atts. 5069--3.01 et seq. or 5069-1.01 et seq. - - " 385 ,yr. ~- ,~,.. f~ftOPERTIES, INC ~o... c. Fi~~9 Rat. S•c., Stoll Rttom•y August 8, 1978 Mr. William J. Tricarico Secretary Federal Communications Commission ~7ashington, D.C. 20554 Re: Application for a Certificate of Compliance Hill Country Cablevision, Inc. Dear Mr. Tricarico: Transmitted herewith on behalf of Hill Country Cable- vision, Inc., in triplicate, is an application for a Certificate of Compliance for filing with the Commission. This application seeks Federal Communications Commission authorit~~ to allow Hill Country Cablevision, Inc., to operate a cable television system in Kerr County, Texas. Should there be any questions with regard to this application, please communicate directly with me. Sincerely, L/ ~~ /~~ ;.tames C. Fling Staff Attorney JCF:bb Enclosures 910 CITY NATIONAL BANK BUILDING • AUSTIN, TEXAS 78701 • (512 476-7381 Before The FEDERAL CO°1MUNICATIONS COMMISSION Washington, I).C. 20554 In Re: Section 76.11(b) Application of: X Hill Country Cablevision, Inc. X X To Obtain Certification of the Cable X Television System in Kerr County, X Texas X X CAC - APPLICATION FOR CERTIFICATE OF COMPLIANCE IN ACCORDANCE WITH SECTION 76.11(b) Comes now, Hill Country Cablevision, Inc., ("Applicant"), and respectfully submits its application for a Certificate of, Compliance for a cable television system in accordance with Section 76.11 (b) of the Commission's Rules and Regulations. The following information is submitted pursuant to Section 76.13: 1. Name, Address and Telephone Number of Applicant: Hill Country Cablevision, Inc. 900 Sidney Baker P. 0. Box 230 Kerrville, Texas 78028 (512)257-4700 2. Cable Television Communities Served: Kerrville, Texas (1) 3. Cable Television Community to be Added: Kerr County, Texas (1) Location of headend. ~. Television Stations Presently Carried: Station Channel Affiliation KWEX-TV 41 Spanish Language KPZOL-TV 4 NBC KENS-TV 5 CBS KSAT-TV 12 ABC KTBC-TV 7 CBS ~~-~ 9 ETV KTVT-TV 11 Ind. KVUE-TV 24 ABC City San Antonio, TX San Antonio, TX San Antonio, TX San Antonio, TX Austin, TX Austin, TX Ft. 6lorth-Dallas, TX Austin, TX 5. FCC Form 325. A copy of FCC Form 325, "Annual Report of Cable Television Systems," :has previously been filed by Applicant as part of a consolidated filing by Communications Properties, Inc. 6. Franchise. A copy of the renewal franchise(s) under which Applicant operates in the community(ies) listed herein is(are) attached hereto. Following is information on the duration and expiration dates of the franchise(s): Term 15 _years, expiring on April 25, 1990. -2- 7. Carriage Consistency. All of the above television signals proposed for carriage herein are consistent with the Commission's carriage rules. 8. Number of Usable Channels. Applicant currently has twenty-four (24) usable channels of which one (1) channels are available for the presentation of access programming. 9. Certificate of Service.. Attached hereto. 10. Statement of Service an Franchising Authority. A complete copy of this application will be mailed to the fran- chising authority, the city council of the community(ies), on the date it is mailed to the Federal Communications Commission. If said franchising authority fails to make such application available for public inspection, the Applicant will provide for public inspection of the application at an accessible location in the community(ies) during regular business hours. 11 Equal Employment Opportunity Program. See attached statement. 12. Correspondence. All correspondence from the Commission -3- or any interested parties regarding this application should be sent to the following: James C. Flinn, Esquire 910 City National Bank Building Austin, Texas 78701 WHEREFORE, the Commission is respectfully requested to grant this application for a Certificate of Compliance filed on behalf of Hill Country Cablevision, Inc. , for the commencement of operations of its CATV systems in the community(ies) of Kerr County, Texas Respectfully submitted, HILL COUNTRY CABLEVISION, INC. (System) _ By ~ ~ n o Ii~s President DATE: August 8, 1978 -4- CERTIFICATE OF SERVICE I, James C. Fling, counsel for Hill Country Cablevision, Inc., do hereby certify that I have caused to be mailed, postage prepaid, this 8th day of August 1978, copies of the attached letter of notification. In compliance with Section 76.13(c)(4) of the Federal Communications Commission's Rules and Regulations, said letter was mailed to each of the parties named in the list of addressees attached to the letter. ~ ~ ~ ~_ f; ,James C. Fling ~ ~~. NOTICE Pursuant to the terms of Section 76.13 of the Rules and Regulations of the Federal Corrununications Commission, the following information is supplied: system: 1. The name and mailing address of the operator of the 2. 3. be carried: Hill Country Cablevision, Inc. 900 Sidney Baker P. O. Box 230 Kerrville, Texas 78028 Community(ies) served: Kerrville, Texas Television broadcast signals presently authorized to Station Channel Affiliation City KS~1EX-TV 41 Spanish Language San Antonio, TX KMOL-TV 4 NBC San Antonio, TX KENS-TV 5 CBS San Antonio, TX KSAT-TV 12 ABC San Antonio, TX KTBC-TV 7 CBS Austin, TX KLRN-TV 9 ETV Austin, TX KTVT-TV 11 Ind. Ft. ~Jorth-Dallas, TX KVUE-TV 24 ABC Austin, TX 4• Community to be added: Kerr County, Texas 5. Microwave facilities may be utilized to relay the foregoing television broadcast signals}, HILL COUNTRY CABLEVISION, INC. System By : ?t Ben amin Conro J . T.i e : President Date: August 8, 1978 The foregoing ?notification was mailed to the following on August 8, 1978 Southwest Texas Public Superintendent Broadcasting Council Kerrville Independent School P. O. Box 7158 District Austin, TX 78712 704 Jefferson St. Kerrville, TX 78028 KEV~IS-TV c/o Harte-Hanks Television, Inc. P. 0. Box TV-5 San Antonio, TX 78299 KSAT-TV c/o The Outlet Company P. 0. Box 2478 San Antonio, TX 78298 KMOL-TV c/o AVCO Broadcasting Corp. 1031 Navarro St. San Antonio, TX 78205 KWEX-TV c/o Spanish International Communications Corp. P. O. Box 9225 San Antonio, TX 78204 KTBC-TV c/o Times Mirror Company P. O. Box 2223 Austin, TX 78767 Copyright Office Library of Congress ~•Iashington, D.C. 20559 Tiled #-- ~'~i ~M~ ]y:LgENI ~ 1"~ ' /-X~G~ E ~,{' pr unty ourt c . ~~ ~~~~~Z~ EQUAL OPPORTUNITY EAIPLO~fi1ENT STATEI/iENT - HILL COUNTRY CABLEVISION, INC. ("the Company") is an Equal Opportunity Finployer and will comply with all City, State, Federal, and Territorial regulations in this respect. i~'Ie company will afford equal opportunity in employment to all qualified persons and no one will be discriminated against because of race, color, religion, national origin, or sex. `i'he Company will carry out a positive continuing program of specif- ic.practices designed to assure equal employment opportunity. Specifically, responsibility wi:11 be assigned at each level of management to insure application and vigorous enforcement of the com- pany's equal opportunity policy. We will establish a procedure to re- view and control managerial and supervisory performance. We will inform our employees and responsible employee organizations of our policy and program, and enlist their cooperation. We will communicate our policy and program, as well as employment needs, to qualified applicants with- out regard for race, color, religion, national origin, or sex, and will seek recruitment assistance from employees. We will conduct a con- tinuing program to exclude any such discrimination from our personnel practices and working conditions. We will continually review job struc- ture and employment practices, and adopt positive recruitment, training, job design, and other measures to assure genuine equality of opportunity at all levels and in all parts of our operation. To assure nondiscrimination, the Company is committed to the fol- lowing specific procedures. We will post a notice in our offices inform- ing applicants of their equal employment rights and their right to notify the Equal Employment Opportunities Commission, the FCC, or other appropriate agencies. We will place a similar notice in bold type on all employment application forms. We will advertise for employment in media which have significant circulation among minority groups. We will recruit through schools and colleges which have significant minority.. group enrollments. We will keep systematic contact with minority and human relations organizations for e~r.ployment referral. We will encour- age employees to refer minority and female applicants, and will make known to recruitment services in the: area our wish to hire qualified minority members. To insure nondiscrimination in hiring, the Company will instruct personally all appropriate staff that all applicants are to be considered without discrimination. We will work with any appropriate unions Lo develop programs assuring minority persons and females of equal oppor- tunity. Tae will avoid selection techniques or tests which discriminate against minority groups or females.