Loading...
84-039 ORD ARTICLE IV CATV (MCCAW MIDWEST COMMUNICATIONS INC) ARTICLE IV. CATV (riCCAW NiIDWEST COP*it]NICATIOTIS, INC. ) ORDINAPYCE NQ. 84-039 AN ORDT_NAPvGE GRANTING TO MCCAFI MIDWEST COMMUNICATI01`IS, INC. A FRANCNISF TO USF THE FUBLIG STREETS AND ALLEYS OF THE CITY OF PARI~, TEXAS, FOR THE FURPOSE CF' kECEiVING, AMPLIFY- ING AND DISTRIBU'i'IPJG TEI,EVISION SIGNALS, AND PROVIDING FOP. THE REGtTLATION OF THE BUSINESS AD?D FROVIDING FOR PAYMF,l`1T FCR THE USE OF ThE STRFETS, ESTASLISHING AN EFFFCTIVE DATE ANL CONTAINING GTHER NIATFRIAI: PROVISIGNS AS SET FORTH BFLOW, BE IT GRDAINED BY THE CITY COUNCIL nF THE CITY OF PARIS: Section l. Title. This ordinance shalJ. be known and may be cited as Cable Z`elevision Ordinarce. Section Prear_mhle. This ord.inance was passed after a full, oper., and public hearing upon prior notice and epportunity of all inte.resteu persons to be hearci and upon caref.ul consi_d- eration of grantee's qualifications, including its legal, character°, financial and tecbni_cal qualifications. Section 3. Definitions. Far the purpose of this or_dirance, and when not inror- sistent with the context, terms, phrases, words ancl their derivatior.s used herein in r_he present tense include the future; wor.ds in plural include the singular, and vice versa. The word "shall" is always mandatory. The captions suppli_ed herein for each section ar_e for convenience only. Said captions have no force of law, are n.ot part of the section, and are rLct ta be used in construing the language of t,re section. The followi.r_g terms and phrases, as u.sed herein, shaJ_J_ be given the meaning set forth below: (a) "city" is the City of Paris, a munici_pal corpo- ration under the laws of the State of Texas. (b) "grantee" is rtcCaw Midwest Communications, Inc., a carporatian organized and existirg under the laws of the State of Washington any wholly owned subsidiary cr joint venture approved by city. (c) "Ci_ty Council" is the City Council of the City of Paris. (d) "person" is any individual, firr.i, partnership, association, corparation, company or organization of any kind. (e) "gross revenues" shall 4-riclude all compensa.ticn, in whatever fcrm, exchange or otherwise, derived from the provisi.on of all cable services ir. the city. (f) "subscriber" described a recipient of cable televi.si_or_ services. (g) "cable television system" shail r:.ean a system including but not limited to antennas, cables, wires, 1_ines, towers, waveguides, satellite receivers, er other corduc- tors, converters, equipment or facilities, designed and constructed for rhe purpose of producing, receiving, trans- mitting, amplifying, and distributing audio, video and other Page Na. 2 forms of electronic or electrical signals, Iocated ir. the City. Said definition shall not include ar.y such facility that serves or will serve only subscribers in orte or more riultiple unit dwel]_ir_gs under common owner_ship, control, or management, arLd does not use City right-of-way. Secti_or 4. Grant of Non Exclusive Authority. There is hereby granted by the city to grantee the ri_ght privilege and franchise to operate a cable te_levision system and to construct, erect, operate and maintain in, upon, along, across, a.bove, over or under the present and future streets, alleys, public utili.ty easements, public ways ancl public places rzow laid out or dedicated and all extensi.ons thereof and additions thereto in the city, al_1_ pol'es, wires, cables, underground conduits, manholes and other canductors and fixtures necessary for the maintenance and operatior> >_n the city of a cable television system for the trar.srlission of television signals and all other sign.a.ls permittec3 by the FCC, either separately or upon or in coniunction with any public utility m_aintaining the same in the city with alI af the necessar_y and desirable appliances and appurtenances pertainir_g therefio. Without limiting the generality of the fcregoing, this francYtise and grant shall and does hereby include the right in, over, and upon the streets, si.dewalks, alleys, public utili_ty easements and public grounds and places in the ci_ty to install, erect, operate or in any way acquire the use ef, as by lea_sing or licensing, QII 1.4-nPS and equipment recessary to a cable televisi_or~ system and. the rigYlt to make connections to subscribers and the right to repair, replace, enlarge and extend said 1ines, equipr.zent and connections. The rights herein granted for the purpcses 11Prein set forth shall not be exclusive, a_rd the city reserves the ri.ght to grant a similar use of s4ici streets, alleys, puhli.c utility Page No. 3 easements, public ways ard pZaces tc an.y pPr.son at any time during tlle period of the franchise. Section 5. Franchise of Territory. This fr.anchise is for the present territorial limits of the City of Faris and for any areu henceiarth added thereta during the term of this fran.chise. Cable service sha.ll be made available to the entire iranchise area in accorda.nce with the line exter?tion policy atta.ched hereto as Exhibit Section 6. Procurement of Licenses. The grantee, promptly following the effective date hereof, chall make any necessary application to the FPderal Communications Commi.ssion for authority with respect to the distribution system, incliiding authority with respect to the operation of any necessary FCC licensed services and shall proceed with all due di.li_gence to acquire all ot:her neces- sary governmerit 7_icenses and authorizations for the maintair_ing and rebuilding of t:he present system a.nd far the construction necessar_y to serve the area within the City not naw serveci in accordance with the schedule required in hereof ar_d to serve new area upon ftiture annexation. AZ1 rules and regtilations of the Federal_ Comrr~unications Commis- sion pertaining to cable television ser.vice and the cable indu_stry star_dards are hereby incorpcrated into and made a part of thi_s ardinance as though included herein word far word as performance standards for the continuance of this franchi.se. The grantee shall al.so make prompt application to the city, the telephone company, and the power company for gel,e attachment agreement:s an.d facility sharing agree- ments for the erec=tion, maintenance, extersion, operation, and removal of the distribution system. Page PJo. 4 Section 7. Police Power. Grantee shall at all times during the term of this franchise be subject to all lawful exerci_se of the police power of the city. 'I'he right is hereby reserved to the city to adopt, in addition to the provisions herein containecl and any other existing applicable ordinarnces, such additional applicable orciinances as it shall firid necessary in the exercise of i.ts police power; providecl, hcwever, that such additional ordinarces shall be reasonable, shall not conflict with or a'_ter ir~ any manner the rigt-its granted herein, and shall not corflict with the laws of the State of Texas, the laws of thP Unir..ed -States of America or the rules and regul2tions of the FCC. Section 8. Indemnification. Grantee shall indemnify, save and hold harmless the city from all loss sustained by the city on account of any suit, judgm.e.nt, execution, claim or demand whatsoever against the city resultang from accasioned by, or arising eut of grantee or its agents construction, operation or mainter..ar.ce ot its cable television system ir. the city; and ior this purpose procure ar_d keep in full force ar.d effect policy or policies of public liability i.nsurance with a responsible insurance company or companies qualified tc do business in the State of Texas and approved by the City Attorney nar.iing the city as additional insured, covering public liabi.li_ty and property ciamage in. the minimum amounts of Five Mi.1.Ii.or, L'ollars ($5,000,000.00), for personal injury, and Qn.e Million Dollars ($1,000,000.00), for pro- perty darnage; and said grantee shall at ar_y and all times Curi.ng the effective terr_! of this franchise and during any cperations under the same furnish and provide to the city cler_k of the City of Paris satisfactory evidence that such Fage No. 5 policy or policies c£ public liability insuranee are i_n. full force and effect, insuring said grantee against any and all clains for damages in the nature of public li.ability, personal, or property dar.lage arising from its constructian, maintenance ar.ci c>pera.tion of its cable tel_evision system under this franchise. Section 9. Construction and Maintenance. (a.) All structures, lines and equipment er.ected bv gra.ntee within the city shall be so located as to cause minimum interf.erence with the proper_ use of street, alleys, public utilaty easements and other public ways and places to cause minimur.-i interference with the rights and reasonat;le corvenience ot property owners, and grantee shall comply with all rea,sonable requests of property owners, and grantee shall comply with alI reasonable, prcper and lawful ordi- nar.ces of the city now or hereaiter in force. Existing poles, pests, conduits, and other such structures of any electric power system, telephone company, or ather public utility located in the city shall be made available to grantee for leasir.g ar l icensir.g upon reasonable terms and rates and shall be used t:o the extent practicable in order ta minimize interference with travel ar.ci to avoid unneces- sar.y duplication of facil.iti_es. To the extent that poies, posts, conduits, and other such structures are not avail- able, or sse not available under reasonable l.imitatior, upon the use of grantee's cable television syster,l, grantee shall have the right to purchase, J_ease or in any other manner acquire land, right-of-way, or public utzlity easer:ients upon which to erect and r.maintain its own poles, conduits, and other such structures as may bE: necessary for the con- struction and niaintenance of its cable television. system. Fage Na. 6 (b) In case of any di_sturbance by grantee of_ pavement, sidewalk, driveway or ether surfacing, grantee sha.l_1, at its ewn cost and expense and ir, a manner, approved bv the city, replace and restore all paving, sidewalk, driveway or surface so disturbed to a as good condition as befor.e werk was comr.menced. (c) Tr_ the event that at any tiLne during the period of this franchise the city shall lawfully elect to alter or change any street, alley, public util_i_ty easement, or other public wa5• requiring the relocation of grantee's facilitie_s, then in such event grantee, upon reasonable notice by the city, shal.l remove, relay and relocate the same at its own expen.se. (d) Grartee shall, on the request of any person holciing a buil.ding movirLg permit issued by the city tempo- rarily raise or lower its lines to permit the r.ioving of the building. The experse of_ such temporary removal shall be paid by the person requesting the saMe, and grantee shall have the author3_ty to require such payment in advance. (e) Grantee shall have the authority to trim trees upcn and over-hanging all stret-ts, alleys, public utility easemer_ts, sidewa.lks and public place of the city so as to Frevent the branches of such trees from coming inta contact with grantee's facilities. (f) Al1 poles, lir_es, structures and at:her facilities of grantee in, on, over, and under the streets, sidewalks, alleys, public utility easements, and public grounds or places of the city shall be kept by grantee at all times i_n a safe and substantial conc,ition. Page No. 7 (g) Grantee will, upon request, fuz-nish connections t-o the nearest property line of all publ a_c schools within the limits af the city, to the city libr2ry, and to the city lYall, anci within. ninety (90) days of receipt of such requPSt shall provide one, basic community antenna television ser.vice without any monthly service charge; pr.ovided, howEVer, that all wiri_ng within any building contemplated within this secti.on shall be done (or ccnt-ra.cted for to grantee's specifications in accordance with FCC regulations) b_y the municipali_ty or school district crhich owns the building a.nd subject to the lire extention policy herei_r_ adopted. (h) All consfiruction shall be in strict compliance with the City of Faris building 2nd electrical codes. City shall have the use of pales and line on a non interferi.rz_g bases without charge. Section 10. Applicable Rules and Laws. Thi_s fr.anchise is governed by and subject to all applicable rules, regulations and policies of the Federal Gommunication Comriission, specifically including Fart 76 of the FCC Cable Rules and by laws of the State of Texas. Should there be any modifications of the previsi.on of Part 76 of the rules and regulatior.s of the Federal Corimunica- tion.s Commission, specifically including Secti.on 76.31, that axe inconsistent with this franchise, the city ar_d grantee agree that this frur_chisP will be appropriately amended within one (1) yea.r aftPx- tlte effective date of the FGC's adoption of the modifications. Page No. 8 Secti.on 11. Franchise Terri. This frarchise sha1]_ take effect and be in full force and effect frcm t.he da.te calculatea ir. a_ccordance with Section 22 Yiereof, and the saMe sha11 continue in fu11 force and eftect for a term of Twenty-five (25) years from that date. Sectaor. 12. Local Office aY7c1 Complairit Procedure. The grantee shall maintair_ a]_ocal business office or agent within the cit;V limits, unless otherwise approved by the City Council, for receiving non-toll telephcr_e calls, inquiries or complai_r.ts regarding quality of service, equipment, malfuncti.ons, billing disputes anci sirn.ilar matters. Inquires of complaints shall be received during normal business hours (8:00 A.M. to 5:00 P.M.), Monday through Friday and excepting holidays proclaimed by naticnal, state and local governnental authority. Com- plaints for otller than regular working hours may be made to a separate telephone maintair.eci for that purpose which shall be listed in tYte telephone directory, or the same telephone number may be used, at the aption of the grantee. All complaints and inquires will be investigated ar_d responded to or acted upon as promptly as practical, and unless preventeci by circumstances beyand grantee's contr.ol, within one (1) business day after receipt oz the same. Should service be discontinued far_ sever. (7) consecutive ca]_endar days during any bi_lling period then billi_ng f.or such period shall be prorated to reflect the period without servi.ce. Fage No. 9 Section 13. Review Frocedure. (a) Signal Quality Requirements and Review. The grantee shall: (1) Pr.oduce a picture, whether in black and white or in calor, that is undistorted, free from ghost images, substantiall.y noise free and accoMpar.ied with proper sound on typical standard production TV sets in goad repair, a.nd as good as the sta.te of the art allows; (2) Transmit sign,-,ils of adequate strength t:o produce gaod pictures with good sound at all outlets without causing crossmodulatiori in the cables or interiering with other electrical or electronic systeras; (3) Limit failureC tc a minimum by locating and correcting malfunctions promptly, but in nc ever_t longer than 24 hours after notice; (4) Demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quali.ty is being delivered. Evaluation sessions may be held at ary ti.me during the terr.,~ of this Frarl.chise at the request of the City or the Gran.tee. All evaluation session.s shall be open to the public and announced in a newspaper of general circuia.tion in accor- da.nce with legal r.otice. Grantee shall notify its subscribers of all evaluation sessions by announcemer.t on. its system bet.ween the hours of 7:00 p.m, and 9:00 p.m. for five (5) consecutive aays preceding each sessi.on. Page No. 10 Topics which may Ue discussed at ar_; scheduled or special eval.uation session amy include, but not be limited to, service rate structures, franchi_se fee, penalties, free or discounted services, applicaticr of new technologies, system perforniar_ces, service provided, pragramming offered, customer complaints, privacy, amendments to this ordinance, judicial and FCC rulings, line extensior_ policies, and grantee or Gity rules. Members ef the general pub]_ic may adci topics either by working ttiroiigh the negotiating paxties or by presenting a. petition. If such a petition bears the valid signatures of fifty (50) or_ riore residents of the City, the proposed tcpic or topics sha]_1 be added to the list af i:oFics to be dis- cussed at the evaluatior sPSSion. (b) Operation and Maintenance of System and Review. (1) The grantee shall render efficient service, make r.epairs promptly, and interrupt service only for good caiise and for the sYiortest time possible. Such interruptions insofar possible shall be precedeci by rotice and shall occiir during the periads of minimum use of the system. Repeated outages will nat tie tolerated. System outages in excess of four per nonth sha.ll be deemed in.consistent with efficient service. Similarly, repeated systert failures at the same location(s) would indicate inadequate equipment mainter_ance and/or need 'Lcr equipment replacement. (2) 'V?rten there has been a pattern. of similar com- plaints made ox when tYiere exists other evidence, which, in the judgment of the City Council casts doubt en the re- liability or quality of cable service, the Ci.ty Council shall have the right and authority to compel the grantee to test, ar.alyze, and report on the performar.ce of the system. Page No. 11 Such regcrt shall be deli_verecl tc the City Council no ]_at:er than Sixty (60) days after the City Council formally notified the graiLtee and shall include the followirLg infor- mation: the na.ture of the complaivts which precipitated the special tests, what system componer'it was tested, the equip- ment used, and pracedures emplayed i.n said testings; the results of such tests, and the methou in which said com- plaints were resolved. The City may require that said tests and analyses shall be supervisecl at grantee's expense by a professional engi- neer nat on the permanent staff of tYie grantee. The afore- said er.gineer should sign a11 recar.ds of the special tests and forward to i.he City Council such records with a report int-.erpreting the results af t:he tests and recomnending actions ta be taken by the City. Section 14. Forfeiture. In addition to ull other rights and powers pertaining to the city by virtue of this authority or otherwise, the city reserves the right to terminate and cancel this author- ity and all rights, and privileges of the grantee hereunder in the ever.t that the grantee violates any riaterial pro- vision cf ttlis authority or any rule, order, er determinatior_ of the City Council riade pursuant to this a.uthority, except where such violation, other than of provisions concerni.ng transfer of authorifiy vaithout prior city approval, is without faul.t or through excusable neglect and after grantee r,as received notice af such violation for 30 days and f_ailed to have irsi-:ituted appropriate action to cure such violatior_ and diligently pr_osecuted such cure. Page No. 12 Secticr 15. Surrender Right. Grantee may surrender this fr_anchise at any time upon filing with the City Clerk of the City a written. rlatice of its intention to do so at least six (6) months before the surrender date. On the surrender ciute specified in the notice, a11 of the rights and pri.viIeges and all of the obligatiens, duties and liabilities af grantee in connectian with this frar_chise shal7_ ter.minate. Section 16. Transactions Aff.ecting Owr.ership of Grantee. (a) This Franchise shall not be assigned, transferred, either in whole or in part, leased, or sublet, ir. any r.:anner, nor shall titl e thereto, either legal or equitable or• any right, interest oz propertv therein, puss to or vest in any persor_ not controlled by grantee without the prior written consent: of the City Council which shall not be unreasoriably withheld. Notwi_thstanding the aforPMentioned, grantee is expressly given the right to assign or mortgage its i_r_terest hereunder for security purposes only to obtain itinds necessary for tYie purchase, inprovement or operation of its cable television system herein authorized. (b) The grantee shall promptlg n.otify that City of ariy actual or proposed change in, or transfer ef, or acquisition by any other party of, car.trol of the grantee. The ward "control" as used Yierein is not limited to major stock- holders but includes ar_tual working control in whatever t^anner exercised. Every change, transfer, or acqui.sition of control of the Grar.tee shall make the Franchise subject to cancellation unless and unt:il the Gity shall have consented thereto, which cor.sent will n.ot be unreasor.able withheld. For the purpose of determir_ing whether it shal] consent to Page No. 13 such change, transfer, ar_ acaluisition of control, the City may inquire into the qualifications ci the prospective cortrolling party, and the grantee shall assist the City in any such inquiry. (c) The consent or approval o£ the City Council ta ar_y transfer of the Fr_anchise shall not constitute awaiver or release of the rights of the Ci_ty in and to the streets, and transfer shall by its terms be expressly suborciinate to the terms and conditions of this Franchise. (d) The City Council reserves the right to review the purchase pr_ice of any proposed transfer cr assignment of the cable system. Any assignee to this Franchise express7_y agrees that any negotiated sale value i_f ur_reasonable will not be considered in the rate base for any subsen,uent r.equest for rate increases. (e) In na event shal.l a transfer of ownership or control be appreveci without successor in interest becoming a si_gnatory to this Franchise agreement. Section 17. Fe.e. Grantee shall pay tc) thE City of Faris a sum equal to three pE,rcent of the gross receipts, exclusive of installati.or charges, collected by it as and for its monthly ser.vice charges for the transmissicn and distribution of the signals of television and radio brcadcast szgnals and the provision oi nonbroadcast services it is required to provide by the FCC from its central recei.ving and distributior_ statian to be locatea ir or near the Cztv of Paris to residential and comriercial users of saic3 gra.ntee located in said city for the proceding calendar year, such annual frar:chise payments being C'ue and payable on or before Page No. 14 March l, 1985, and annually thereafter, in full payment for the privilege of using and occupying the streets, highways, easements, alleys, ga.rks and othEr public pIaCPS in the City of Paris for such respective calendar year.s, whether as rental, supervision ard inspecti,or charges or otherwise; arrd this paymerit sha11 be in lieu of any other tax or increaseci rate of- tax or other assessments or criarges, except ad valorem tnx_es. Section 18. Rates. The r.maximum rat es which may be chargecl by the grantee to subscribers shall be as set out in Exhibit "B" of this ordiv.ance, which is hP_X'P_hy ir_corporated by refer_ence and niade a part of this ordinance for all purgoses. The channels or services offered by grantee shall include, but are r.ot I.irlited to, those found in Exhibit "C", which is attached hereto and ir.corporated by referer_ce and made a part of this ordinance for all purposes. Rates shall at a7 7 t:inies be fair, just a.nd equitable. Rate increases icr regular subscriber serva_ce shall be maintained consistent with additional services provided (including, without Iini.tation, additional broadGast signal carriage) and increases in capital and operating costs (including, witrout ]_imitation, increased costs due to inflation). The City expressly reserves unto itself the authority to r.egulate rate increaseG f:ollowing a public hearing when and if the rates established by grantee are riat in compli- ance hereunder. The Ci_t:y shall give Grantee thi.rty (30) da;rs written netice of any public hearing held pursuant to Page no. 15 this paragraph and shall be governed by the criteria set forth abave in. establishing permitted increases. Section 19. Charter Provisions Controllir.g. This crdinance is in all things subject to and con- trolled by the terms and provisions of tYie Charter of the City of Paris, anc shal.l in no wise be constr.ued as a violatian of said article, ar arLy provision thereof. Secticr_ 20. Cost of Franchising All cost cannected with franchising will be borne by the £xanchisee. Upon the expiration or termination of this franchise the successful applicant for the new franchise shall bare the cost of th.at franchise pracedure. Section 21. Severability. It is hereby cieclared to be the intention of the City Council of the City of Paris that the sections, paragr«phs, sentences, clauses and phrases of thi.s ordinance are severable, and if any phrase, cla.use, sentence, paragraph or sectian of this ordir.ance shall_ be declazee unconstitutional or ir_v,).I.id by the valid juagmE.nt or decree of any court of competent jurisdiction, such unconstitutionality or invalid- ity shall r_ot affect any of the remaining phra.ses, clauses, sentPnces, paragraphs and sections of this ordinance, since the same wculd havP been enacted by the City Council without the incorporation in this ordinance of any unconstitutior_ul or invalid phrases, clauses, sentences, paragraphs or sections. Page No. 16 Section 22. Effective Date. This ordirance and franchise shall take effect sixty (60) days after the adoption hereof by the city council on its third and final reading. INTRODUCED AND READ on first reading on April 18, 1984, at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on Nay 10, 1984; and final reading at a regular meeting of the City Council on June 11, 1984, the same being three (3) separate regular mee.tings of the City Council of the City of Paris, the last being not less than thirty (30) days from the first. Passed on third and final reading this llth day of June, 1984. 04p,-AaLZ2 Joe Graham, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: \ T. K. Haynes, City Attorney Page No. 17 EXHIBIT A LINE EXTENSION POLICY The company will provide residential services at standard installation charges only if housing density reaches a minimum of 35 homes per aerial mile or 50 homes per underground mile. In areas below that minimum density, homes may receive residential services if arrangements are made for cost- sharing of construction costs for service to that area. The company would use the following cost-sharing formula: In those areas where the number of dwelling units per strand or trench mile is less than 50 per mile for underqround cable or 35 per mile for aerial cable, the company will provide residential cable service on a pro rata sharing of the installation costs with the potential subscriber(s). The company will bear its pro rata share of the then current cost per mile of plant construction based on a multiple of the actual number of potential subscribers per mile, divided by 50 dwellings per mile for underground areas or 35 dwell- ings per mile for aerial areas. The remaining construction cost will be borne on a pro rata basis by each applicant committing to at least one year's service within the extension area. The company will inform each home of the computed pro rata share per household before any agreements are signed, or construction begun. The company will also contact all residents in the area under construction to involve as many homes as possible thereby reducing the cost to each. Mileage will be measured from the nearest point on the nearest trunk line. If, within one year of completion of construction, other homes choose to receive cable service, those homes would be assessed their pro rata share of construction costs based on the new number of homes. EXHIBIT B Pursuant to Section 18 of Ordinance number 84-039# initial maximum rates are. WITH WITHOUT Pre-Existing Pre-Existing ~e~idential Co tract C,Qntract Monthly Maintance Fee with 1 outlet $5•00 $6~25 For each additional $1•50 $1•50 TV outlet C ommerg ia,l Monthly Maintenance Fee with 1 outlet $8.00 For each additiona.l $2•50 $2•50 TV outlet These initial Maximum rates may be increased or decr.*ased at any time pursuant to the proceduree established in Section 18. , ~ , , r a° J . . . J U EXHIBIT C Grantee shall maintain a minimum of twenty-two (22) channels, including a channel available for programming from the local community subject to the control of Grantee. The channel paekage shall comply with FCC rules and regulations at all times. iNITIAL CHANNEL PACKAGE KDFW (CBS) Christian Broadcast Network KXAS (NBC) WTBS WFAA (ABC) ESPN KXII (NBC/CBS) Cable News Network KTVI (Independent) The Nashville Network KERA (PBS) The Weather Channel Local Weather MTV Community Access U.S.A. Network Life Time People That Love Black Entertainment Network HBO Cinemax The Disney Channel The channel package offered to subscribers is subject to modification at any time by Grantee as necessitated by technological, econ.omic or market circumstances.