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HomeMy WebLinkAboutOrdinance 4504 ORDINANCE NO, 4504 AN ORDINANCE AMENDING CHAPTER 33. DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES, OF THE CODE OF FAYETTEVILLE, BY REDEFINING TIIE COMPOSITION, OFFICERS, STAFFING, PROCEDURES, AND DUTIES OF THE TELECOMMUNICATIONS BOARD. WHEREAS, under the terms and conditions of the cable television franchise agreement the city is given, among other responsibilities, the duty to regulate cable television channels for public access, educational and governmental (PEG) programming; and, WHEREAS, the use of the public rights of way in the City of Fayetteville, Arkansas, includes other telecommunications services as well as cable television services; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas, desires to redeline the scope of the current Telecommunications Board to serve in an advisory capacity regarding telecommunications issues, to promote the use of public information media, and to serve as a coordinating body for 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 That §33 .205 through §33 .211 , "Telecommunications Board" is hereby repealed and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead. pY L T14 PASSED and APPROVED this 15°i day of July, 2003 . 0 i` ! u V � '.,. ;' n By: G� ' L L. 0 y < DAN CCOODY, May 4i ' ST: TH SONDRA SMICity Clerk Exhibit "A" §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 Telecommunications Board to advise the City Council on telecommunications issues and to coordinate and oversee telecommunications franchise systems and use of the public rights of way designated for public access, educational, and governmental (PFG) use in the City of Fayetteville as part of the city' s telecommunications infrastructure. (a) Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ( 1 ) Education Channels. Education channels shall provide programming that is educational and informational, with an emphasis on locally-produced programming. Programs may also be instructional, with learning potential for all audiences. (2) Government Channels. Govemment channels provide citizens with convenient access to the city government. The station shall be operated in an unbiased manner. The goal is to create an informed and involved citizenry. Content will generally be created or acquired by local government employees, elected officials, and volunteers, and will typically provide information about services provided by local, State, and regional governments, issues faced by local governments, and public meeting coverage. (3 ) Public Access Channels. Public access channels provide a forum for local residents to express themselves. Content may include video and other electronic inlirrmation produced, directed and engineered by community members. These productions focus on many aspects of' community life, ranging from the services and activities of community organizations to the opinions, beliefs and artistic expressions of individuals in the community, or outside productions requested and introduced by community members. (4) Telecommunications Infrasiructure. Telecommunications infrastructure means the shared portions of the telecommunications transmission facilities used by the city, including public rights of way, all transmission mechanisms, and associated equipment and software components necessary for the management and control of the city' s information network. Telecommunications facilities include, but are not necessarily limited to: terrestrial radio, optical fiber cables, satellite communications, radio and television stations (traditional broadcast as well as cable and satellite broadcast), and public switched telephone network. §33.206. Composition. The Fayetteville Telecommunications Board shall consist of seven members appointed by the City Council . Members shall have experience in any one of the following areas: telecommunications infrastructure management, public policy development regarding communication and telecommunications issues, television, or other appropriate expertise. Members shall be registered voters and residents of the City o1' Fayetteville, and shall have resided therein for at least six (6) months prior to their 0 0 appointment. Those members serving as of the effective date of this ordinance shall retain their scats until August 15 , 2003 , at which point all of the positions shall be open for appointment. At the first regular meeting after appointment, the members shall draw lots to determine the length of their initial term. One ( 1 ) member shall serve a term of one ( 1 ) year; two (2) members shall serve terms of two (2) years; two members shall serve terms of three (3) years; and two (2) members shall serve terms of four (4) years. Thereafter, members shall serve staggered four-year terms. 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 Telecommunications 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 Telecommunications 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 Telecommunications 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 city employees to assist the Telecommunications Board in performing its duties and carrying out its responsibilities under this ordinance. §33.209. Procedures. (a) the Telecommunications 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 Telecommunications Board shall establish rules and regulations governing its procedures. (c) the Telecommunications Board's meetings and records shall be subject to the provisions of the Arkansas Freedom of Information Act, A. C .A. §§25- 19- 101 el seq. , as it may be from time to time amended. (d) the Telecommunications Board shall provide the City Council an annual report briefly summarizing its previous year' s activities, and outlining its goals for the next. §33.210. Duties. (a) The Telecommunications Board shall advise the City Council and make recommendations on telecommunications infrastructure issues, including but not limited to the following: z 0 0 ( 1 ) Use and administration of cable TV channels designated for public access, educational, and governmental (PEG) use; (2) Use and administration of telecommunications facilities and use of public rights of way for telecommunications infrastructure; (3) Establishment and use of the City's PEG facility; (4) Any reports submitted to the City by a cable TV operator, PEG channel user, telecommunications agency, or other entities regarding telecommunications matters; (5) Funding for public access, educational, and governmental (PEG ) operations; (6) Funding for the development and maintenance of the city's telecommunications infrastructure; (7) Performance of any cable or telecommunications operator serving the city, with regard to rates, customer service, technical standards, programming, and requirements of the applicable franchise agreement; and (8) Renewal of any franchise agreement between a telecommunications agent and the City. (b) Further, the Telecommunications Board shall have the following duties and responsibilities: ( 1 ) Oversee the administration of the City's PEG facility; (2) Oversee the administration of any cable television channels or other telecommunications facilities designated for public access, educational, or governmental (PEG) use, unless the City Council enters into a contract with another entity or institution for such administration. If the city enters into a contract with another entity for administration of a PEG channel, the Telecommunications Board shall ensure contract compliance. Whether administered by the city or contracted, the Telecommunications Board shall facilitate the creation of policies regarding cablecast material selection, time guidelines for cablecast material, viewer and facility user complaint/feedback practices, and other such policies regarding the use and administration of the channels. (3) Perform periodic evaluations of contract compliance for all contracts relating to telecommunications. A summary of all evaluations shall be forwarded to the City Council quarterly for their review. (4) Facilitate dispute resolution concerning PEG channels, including but not limited to operations, program content, etc. ; track the complaints filed by citizens to 3 0 assure that telecommunications providers are responding to complaints in an effective and timely manner. (5 ) Promote public awareness, use and viewership of PGG channels; (6) Identify telecommunications needs and solutions in the City and define innovative approaches to the use of expanding digital capacity; (7) Promote public awareness of telecommunications policy issues; and, (8) Forward a report to the City Council recommending either renewal or replacement of any cable or telecommunications agent no less than 45 days before the contract's expiration. (c) The Telecommunications Board shall have authority to establish and disseminate such guidelines and regulations as are necessary to carry out the duties and responsibilities set forth in this section. 4 0 0 NAME OF FILE: Ordinance No. 4504 CROSS REFERENCE: Item # Date Document 1 06/16/03 Agenda Request Form w/ attachments draft ordinance 2 07/11/03 memo to Mayor/City Council 3 07/18/03 memo to Don Marr/Lioneld Jordan 4 07/19/03 Affidavit of Publication NOTES: b )efl ALDERMAN AGENDA REQUEST FIRM eISaZ/ 4mwy �Y' N3 ' %f �(CD�11/11aA1CQ ��onS FOR: COUNCIL MEETING OF July 15, 2003 FROM: ALDERMAN DON MARR ALDERMAN LIONELD JORDAN ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance Amending Chapter 33, Departments, Boards, Commissions And Authorities, Of The Code Of Fayetteville, By Redefining The Composition, Officers, Staffing, Procedures, and Duties Of the Telecommunications Board A ROVED FOR AGENDA: } ov 4AI rman ate Alder n i5ate CiA torncy (as to form) "date h' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 331 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES, OF THE CODE OF FAYETTEVILLE, BY REDEFINING THE COMPOSITION, OFFICERS, STAFFING, PROCEDURES, AND DUTIES OF THE TELECOMMUNICATIONS BOARD. WHEREAS, under the terms and conditions of the cable television franchise agreement the city is given, among other responsibilities, the duty to regulate cable television channels for public access, educational and governmental (PEG) programming; and, WHEREAS, the use of the public rights of way in the City of Fayetteville, Arkansas, includes other telecommunications services as well as Cable television services; and, WHEREAS, the City Council of the , City of Faye ville, Arkansapo desires to redefine the scope of the current Tel municati&s BBard to se6e in an advisory capacity regarding tele( *0 issu�sj to promote the use of public information media; ardd to serve ase a Id@prdinating body for issues relating to the provision of different telecommunications service, NOW, TVERE FORE, BE 1T O,RDAINED BY THE CITY COUNCIL OF THE CITY OF PAYETTEVILLE, ARKANSAS: Section 1. I$at §3120 through §33.211 , "Telecommunications 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 Telecommunications Board to advise the City Council on telecommunications issues and to coordinate and oversee telecommunications franchise systems and use of the public rights of wav designated for public access, educational, and governmental (PEG) use in the Citv of Favetteville as part of the city's telecommunications infrastructure. (a) Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1 ) Education Channels. Education channels shall provide programming that is educational and informational, with an emphasis on locally-produced 1 0 0 programming. Programs may also be instructional, with learning potential for Al audiences. (2) Government Channels. Government channels provide citizens with convenient access to the city government. The station shall be operated in an unbiased manner. The goal is to create an informed and involved citizenry. Content will generally be created or acquired by local government employees, elected officials, and volunteers, and will typically provide information about services provided by local, State, and regional governments, issues faced by local governments, and public meeting coverage. (3) Public Access Channels. Public access channels provide a forum for local residents to express themselves. Content may include video and other electronic information produced, directed and engineered by community members. These productions focus on many aspects of community life, ranging from the services and activities of community organizations to the opinions, beliefs and artistic expressions of individuals in the community, or outside productions requested and introduced by community members. i (4) Teleconmiunications Infrastructure. Telecomr}pnieatipns infrastructure means the shared portions of the telecorntnurucations tri nsmission facilities used by the city, including public rights of way, all transmission mechanisms, and associated equipment., and software components necessary for the management and control of the glty's information network. 'Ile] k0mmunica tions facilities include, but are not necessarily limited to: terrestrial radio, optical fiber cables, satellite comm{uucati�ms, radio and television stations (traditional broadcast as well as cable and satellite broadcast), and public switched telephone network. §33.206. Compositio}t: The Fayetteville Telecommunications Board shall consist of seven members appointed by the City Council. Members shall have experience in any one of the following areas: telecommunications infrastructure management, public policy development regarding communication and telecommunications issues, television, or other appropriate expertise. Members shall be registered voters and residents of the City of Fayetteville, and shall have resided therein for at least six (6) months prior to their appointment. Those members serving as of the effective date of this ordinance shall retain their seats until _ 2003, at which point all of the positions shall be open for appointment. At the first regular meeting after appointment, the members shall draw lots to determine the length of their initial term. One (1) member shall serve a term of one (1 ) year; two (2) members shall serve terms of two (2) years; two members shall serve terms of three (3) years; and two (2) members shall serve terms of four (4) years. Thereafter, members shall serve staggered four-year terns. Vacancies in an unexpired term shall be filled by the City Council for the 2 0 0 remainder of the term . Any person who serves two consecutive terms on the Telecommunications 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 Telecommunications 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 Telecommunications 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 city employees to assist the Telecommunications Board in performing its duties and carrying out its responsibilities under this ordinance. §33.209. Procedures. (a) the Telecommunications Board shall meet at least once each month and may meet more frequently if necessary to carry out its duties. Pour members shall constitute a quorum . 6d d r" (b) the Telecommunications Boafd 'shall establish rules and regulations governing its procedures. (c) the Telecommunications Board's meetings and records shall be subject to the provisions of the Arkansas Freedom of Information Act, A. C. A . §§25-19- 101 et seq., as it may be-from time to time amended . (d) the Telecommunications Board shall provide the City Council an annual report briefly summarizing its previous year's activities, and outlining its goals for the next. §33.210. Duties. (a) The Telecommunications Board shall advise the City Council and mike recommendations on telecommunications infrastructure issues, including but not limited to the following: (1 ) Use and administration of cable TV channels designated for public access, educational, and governmental (PEG) use, (2) Use and administration of telecommunications facilities and use of public rights of way for telecommunications infrastructure; 3 0 0 (3) Establishment and use of the City 's PEG facility; (4) Any reports submitted to the City by a cable TV operator, PEG channel user, telecommunications agency, or other entities regarding telecommunications matters; (5) Funding for public access, educational , and governmental (PEG) operations; (6) Funding for the development and maintenance of the city's telecommunications infrastructure; (7) Performance of any cable or telecommunications operator serving the city, with regard to rates, customer service, technical standards, programming, and requirements of the applicable franchise agreement; and (8) Renewal of any franchise agreement between a telecommunications agent and the City. (b) Further, the Telecommunications Board shall have the following duties and responsibilities: (1) OVOXSee the�tministyition t' the Citjt's PEG facility; d (2) Oversee .the admini$iration d$`any table television channels or other telecommunications facilities designated' for public access, educational, or governmental (PEG) use, unless the City Council enters into a contract with another entity or institution for such administration. If the city enters into a contract with • another entity for administration of a PEG channel, the 66 :6Telecommunications Board shall ensure contract compliance. Whether administered by the city or contracted, the Telecommunications Board shall facabitate the creation of policies regarding cablecast material selection, time guidelines for cablecast material, viewer and facility user complaint/ feedback practices, and other such policies regarding the use and administration of the channels. (3) Perform periodic evaluations of contract compliance for all contracts relating to telecommunications. A summary of all evaluations shall be forwarded to the City Council quarterly for their review. (4) Facilitate dispute resolution concerning PEG channels, including but not limited to operations, program content, etc .; track the complaints filed by citizens to assure that telecommunications providers are 4 0 0 responding to complaints in an effective and timely manner. (5) Promote public awareness, use and viewership of PEG channels; (6) Identify telecommunications needs and solutions in the City and define innovative approaches to the use of expanding digital capacity; (7) Promote public awareness of telecommunications policy issues; and, (8) Forward a report to the City Council recommending either renewal or replacement of any cable or telecommunications agent no less than 45 days before the contract's expiration. (c) The Telecommunications Board shall have authority to establish and disseminate such guidelines and regulations as are necessary to carry out the duties and responsibilities set forth in this section. PASSED and APPROVED this 151hof July, 2003. It APPROVED: rdI,.DAN GOODY, Mayor ATTEST: Bv: SONDRA SMI'T'H, City Clerk 5