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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 That §33.205 through §33 .212, "Cable Board" is hereby repealed and the following placed in its stead: §33.205 .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