HomeMy WebLinkAboutOrdinance 4219 ORDINANCE NO. 4219
AN ORDINANCE AMENDING CHAPTER 33 ,
DEPARTMENTS , BOARDS , COMMISSIONS AND
AUTHORITIES, BY REPEALING §33.205 THROUGH §33 .212,
CABLE BOARD, OF THE CODE OF FAYETTEVILLE
REPLACING IT WITH AN ORDINANCE REFINING THE
SCOPE OF CABLE BOARD AND RENAMING IT AS THE
FAYETTEVILLE TELECOMMUNICATIONS BOARD;
ESTABLISHING THE COMPOSITION, OFFICERS, STAFFING,
PROCEDURES AND DUTIES OF THE BOARD; PROVIDING
FOR AN APPEAL OF CERTAIN DECISIONS TO THE CITY
COUNCIL; AND REQUIRING CONSIDERATION OF
FAYETTEVILLE SCHOOL SYSTEM NEEDS.
WHEREAS, Ordinance No. 3413 approved a franchise agreement with Warner Cable
Communications, Inc. to provide cable TV transmission for the citizens of Fayetteville, Arkansas;
and
WHEREAS, under the terms and conditions of the cable TV franchise agreement the city
is given, among other responsibilities, the duty to regulate cable TV channels for public,
educational and governmental access; and
WHEREAS, the use of public rights of way in the City of Fayetteville, Arkansas, includes
other telecommunications services as well as cable TV services; and
WHEREAS, telecommunications services are defined here as all transmission of voice,
data, video, and all other intelligence through permanent facilities in the City's rights of way; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas, desire to redefine the
scope of the current Cable Board to serve in an advisory capacity regarding telecommunications
issues, t,) promote the use of public access, and to serve as a coordinating body of issues relating
to the provision of different telecommunications services;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That §33.205 through §33 .212, "Cable Board" is hereby repealed and the
following placed in its stead:
§33.205 . Purpose and Intent. It is the purpose and intent of the City Council of the
City of Fayetteville to redefine the scope of the current Cable TV Board to advise
the Council on telecommunications issues and to coordinate and oversee
telecommunications franchise systems and use of the public rights of way
designated forpublic, educational, and governmental use in the City of Fayetteville.
Page 2
Ordinance No. 4219
§33.206. Creation and Composition. There is hereby created and established the
Fayetteville Telecommunications Board, formerly known as the Fayetteville Cable
Board (hereinafter "the Board"), which shall consist of seven members appointed
by the City Council. Members shall be residents of the City and shall have resided
therein for at least six months prior to their appointment. The term of office for
members shall be two years. Vacancies in an unexpired term shall be filled by the
City Council for the remainder of the term. Any person who serves two
consecutive terms on the Board shall not be eligible for reappointment until one
term of office has expired, unless there are an insufficient number of qualified
applicants to fill all vacancies.
§33 .207. Officers. The Board shall elect from its members a chairperson, who
shall serve a one-year term and shall be eligible for re-election to a subsequent term
or terms. Further, the Board may elect such additional officers and establish any
committees as it deems necessary for the proper performance of its duties.
§33 .208 . Staff Support. The Mayor shall designate a City employee to assist the
Board in performing its duties and carrying out its responsibilities under this
ordinance.
§33 .209. Procedures.
(a) the Board shall meet at least once each month and may meet more
frequently if necessary to carry out its duties. Four members shall constitute a
quorum.
(b) the Board shall establish rules and regulations governing its procedures.
(c) the Board's meetings and records shall be subject to the provisions of
the Arkansas Freedom of Information Act, Ark. Code Ann. §§25- 19- 101 et seq.
§33.210. Duties.
(a) The Board shall advise the City Council and make recommendations on
telecommunications-related issues, including but not limited to the following:
(1 ) Use and administration of cable TV channels designated
for public, educational, and governmental access;
(2) Use and administration of telecommunications and use
of public rights of way for telecommunications;
(3) Establishment and use of the City's access facility;
(4) Any reports submitted to the City by a cable TV
operator, access channel user, telecommunications agency, or other
entities regarding telecommunications matters;
(5) Funding for public, education, and governmental access
operations;
(6) Performance of any telecommunications operator
Page 3
Ordinance No. 4219
serving the city, with regard to rates, customer service, technical
standards, programming, and requirements of the applicable
franchise agreement; and
(7) Renewal of any franchise agreement between a
telecommunications agent and the City.
(b) Further, the Board shall have the following duties and responsibilities:
( 1 ) Oversee the administration of the City's access facility;
(2) Oversee the administration of any cable TV channels
designated for public, education, or governmental access, unless the
City Council enters into a contract with another entity or institution
for such administration.
(3) Oversee operations of any access channel or
telecommunications service administered by another entity or
institution under contract with the City;
(4) To the extent permissible by law, resolve disputes
concerning program content on access channels;
(5) Promote public awareness, use and viewer ship of
access channel;
(6) Identify community needs and problems in the City and
define innovative programming approaches to those needs and
problems; and
(7) Promote public awareness of telecommunications policy
issues.
(c) The Board shall have authority to promulgate such guidelines and
regulations as are necessary to carry out the duties and responsibilities set forth in
this section.
§33 .211 . Appeal. Decisions of the Board made pursuant to §33.210(b) 1 -7 maybe
appealed to the City Council within ten days of such decision by any person
aggrieved thereby. All other decisions of the Board shall be final.
§33 . 212. School System Participation. Recognizing the desire of the Fayetteville
School System to participate in access programming despite a present inability to
manage an access channel, the Board shall take into consideration the needs of the
Fayetteville School System, if any, in any channel it may administer or any
contract it may negotiate for the administration of access channels.
Page 4
Ordinance No. 4219
Ep�AND APPROVED this 1" day of February , 2000.
R APPROVED
By:
:a
/ ! Fred Hanna, Mayor
Bi i
Bather Woodruff, City Cl i E
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
-00 �
33
-/ -Do
CABLE TELEVISION BOARD MEETING MINUTES
Wednesday, January 12, 2000
Power House Restaurant
112 North University Avenue, Fayetteville
1 . The meeting was called to order at 12:30 PM.
Cable Board members present were Chairwoman Barbara Stripling, Bruce Hawkins,
Jim Bemis, and Kevin McDonald. Also present was Cable Administrator Marvin Hilton and
Charlie Alison of the Morning News.
2. Jim Bemis moved that the Ordinance written by the Cable Board, to effectively change the
name of the "Cable Board" to "Telecommunications Board," be approved for placing on the City
Council agenda for passage.
The motion was seconded by Kevin McDonald.
The motion was discussed at length and passed by a vote of 4 to 0.
3 . Meeting was adjourned.
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER 33,
DEPARTMENTS, BOARDS, COMMISSIONS AND
AUTHORITIES, BY REPEALING §33 .205 THROUGH §33 .212,
CABLE BOARD, OF THE CODE OF FAYETTEVILLE
REPLACING IT WITH AN ORDINANCE REFINING THE
SCOPE OF CABLE BOARD AND RENAMING IT AS THE
FAYETTEVILLE TELECOMMUNICATIONS BOARD;
ESTABLISHING THE COMPOSITION, OFFICERS, STAFFING,
PROCEDURES AND DUTIES OF THE BOARD; PROVIDING
FOR AN APPEAL OF CERTAIN DECISIONS TO THE CITY
COUNCIL; AND REQUIRING CONSIDERATION OF
FAYETTEVILLE SCHOOL SYSTEM NEEDS.
WHEREAS, Ordinance No. 3413 approved a franchise agreement with Warner Cable
Communications, Inc. to provide cable TV transmission for the citizens of Fayetteville, Arkansas;
and
WHEREAS, under the terms and conditions of the cable TV franchise agreement the city
is given, among other responsibilities, the duty to regulate cable TV channels for public,
educational and governmental access; and
WHEREAS, the use of public rights of way in the City of Fayetteville, Arkansas, includes
other telecommunications services as well as cable TV services; and
WHEREAS, telecommunications services are defined here as all transmission of voice,
data, vifto, and all other intelligence through permanent facilities in the City's rights of way; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas, desire to redefine the
scope of the current Cable Board to serve in an advisory capacity regarding telecommunications
issues, to promote the use of public access, and to serve as a coordinating body of issues relating
to the provision of different telecommunications services;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That §33 .205 through §33.212, "Cable Board" is hereby repealed and the
following placed in its stead:
§33.205. Purpose and intent. It is the purpose and intent of the City Council of the
City of Fayetteville to redefine the scope of the current Cable TV Board to advise
the Council on telecommunications issues and to coordinate and oversee
£elecommunications franchise systems and use of the public rights of way
designated for public, educational, and governmental use in the City of Fayetteville.
§33 .206. Creation and Composition. There is hereby created and established the
Fayetteville Telecommunications Board, formerly known as the Fayetteville Cable
Board (hereinafter "the Board"), which shall consist of seven members appointed
by the City Council. Members shall be residents of the City and shall have resided
therein for at least six months prior to their appointment. The term of office for
members shall be two years. Vacancies in an unexpired term shall be filled by the
City Council for the remainder of the term. Any person who serves two
consecutive terms on the Board shall not be eligible for reappointment until one
term of office has expired, unless there are an insufficient number of qualified
applicants to fill all vacancies.
§33 .207. Officers. The Board shall elect from its members a chairperson, who
shall serve a one-year term and shall be eligible for re-election to a subsequent term
or terms. Further, the Board may elect such additional officers and establish any
committees as it deems necessary for the proper performance of its duties.
§33 .208. StaffSupport. The Mayor shall designate a City employee to assist the
Board in performing its duties and carrying out its responsibilities under this
ordinance.
§33 .209. Procedures.
(a) the Board shall meet at least once each month and may meet more
frequently if necessary to carry out its duties. Four members shall constitute a
quorum.
(b) the Board shall establish rules and regulations governing its procedures.
(c) the Board's meetings and records shall be subject to the provisions of
the Arkansas Freedom of Information Act, Ark. Code Ann. §§25- 19- 101 et seq.
§33.210. Duties.
(a) The Board shall advise the City Council and make recommendations on
telecommunications-related issues, including but not limited to the following:
(1) Use and administration of cable TV channels designated
for public, educational, and governmental access;
(2) Use and administration of telecommunications and use
of public rights of way for telecommunications;
(3) Establishment and use of the City's access facility;
(4) Any reports submitted to the City by a cable TV
operator, access channel user, telecommunications agency, or other
entities regarding telecommunications matters;
(5) Funding for public, education, and governmental access
operations;
(6) Performance of any telecommunications operator
serving the city, with regard to rates, customer service, technical
standards, programming, and requirements of the applicable
franchise agreement; and
(7) Renewal of any franchise agreement between a
telecommunications agent and the City.
(b) Further, the Board shall have the following duties and responsibilities:
(1 ) Oversee the administration of the City's access facility;
(2) Oversee the administration of any cable TV channels
designated for public, education, or governmental access, unless the
City Council enters into a contract with another entity or institution
for such administration.
(3) Oversee operations of any access channel or
telecommunications service administered by another entity or
institution under contract with the City;
(4) To the extent permissible by law, resolve disputes
concerning program content on access channels;
(5) Promote public awareness, use and viewer ship of
access channel;
(6) Identify community needs and problems in the City and
define innovative programming approaches to those needs and
problems; and
(7) Promote public awareness of telecommunications policy
issues.
(c) The Board shall have authority to promulgate such guidelines and
regulations as are necessary to carry out the duties and responsibilities set forth in
this section.
§33.211 . Appeal. Decisions of the Board made pursuant to §33.210(b) 1 -7 may be
appealed to the City Council within ten days of such decision by any person
aggrieved thereby. All other decisions of the Board shall be final.
§33 . 212. School System Participation. Recognizing the desire of the Fayetteville
School System to participate in access programming despite a present inability to
manage an access channel, the Board shall take into consideration the needs of the
Fayetteville School System, if any, in any channel it may administer or any
contract it may negotiate for the administration of access channels.
PASSED AND APPROVED this day of 2000.
APPROVED:
By:
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
Richardson, TX
San Francisco, CA
Columbus, MD
Austin, TX
Columbus, IN
Newton, MA
The present Cable Board has decided this name change will help create better awareness of the
important issues in both cable and telecommunications that are affecting Fayetteville. It will also
better reflect the issues they have actually been discussing during the past few years. The present
membership feels that the expanded scope of a "Telecommunications Advisory Board" will be
able to better assist Fayetteville to take advantage of the many technological and policy changes
and help create the best communication and information infrastructure possible for the City of
Fayietteville.
See the attached ordinance and Cable Television Board Meeting Minutes of January 12, 2000.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF February 1 . 2000
FROM:
Marvin Hilton Cable Administration Administration
Name Division Department
Si
ACTION REQUESTED: iQ�o
Passage of an Ordinance effectively changing the name of the Fayetteville Cable Board to "Telecommunications
Board."
COST TO THE CITY:
$ 0 $ 0
Cost of this request Category/Project Budget Category/Project Name
0
Account Number Funds used to date Program Name
0
Project Number Remaining Balance Fund
BUDGET REVIEW:
Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: INr# C :
A.a -.2/-00 -
A counting M nr Date Internal Auditor Date
4 l - zv -oo
Tt4 Ago ey Date ADA Coordinator Date
1 - 1'1 -oto
Purchasing Officer Date
STAFF RECOMMENDATION:
- 2,900
Division Head Date
rtIn i ector ate
L op
m' traa Oices Directore
Mayor /D' ate
ETTEVItLE r
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: MAYOR HANNA
FROM: MARVIN HILTON, CABLE ADMINISTRATOR 7 — ' Z 00 O
SUBJECT: CHANGING THE NAME OF THE CABLE BOARD TO
"TELECOMMUNICATIONS BOARD"
DATE: JANUARY 14, 2000
The Cable Board has decided to change their name to "Telecommunications Board" in order to
more accurately reflect the reality of today's rapidly changing cable and communications climate.
Many of the changes taking place are due to digital technology being used to converge television,
video, computer and telephone communications systems.
During the last three or four years, the Cable Board has discussed issues such as the
"Telecommunications Act of 1996," internet access, high speed modem access on the cable
system, telecommunications ordinances, public-rights-of-way management, institutional networks,
wireless systems, and the possibility of other cable and telecommunications providers coming to
Fayetteville.
Cox Communications, our present cable operator, has plans for "one stop service" which will
provide cable television, high speed cable modem internet access and telephone all on the cable
line. At present Cox Communications is offering dial up internet access on phone lines. Cox is
also supplying free of charge internet service for our PEG television Center's internet Access
Station. Many PEG Center's across the country are beginning to, or planning to, do video
streaming to the internet and this would be a logical step for our PEG center too.
Our present Cable Franchise renewal proposal to Cox Communications includes provisions for an
institutional network and open access to Cox's planned high speed internet access system. Two
other Telecommunications providers, Alltel Communications and Caprock Telecommunications,
have recently applied for franchises to operate in Fayetteville's public-rights-of-way.
By changing to a "Telecommunications Board," "Fayetteville will be joining a trend of changing
to "Telecommunications" boards by other progressive cities around the country. Some examples
are:
Burnsville, MN
Van Wert, OH
St. Paul Park, MN