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repealed and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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
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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:
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( 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
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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.
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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
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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;
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(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
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