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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 That §33 .205 through §33 .211 , "Telecommunications Board" is hereby repealed and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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 FAYETTEVI tLE THE CITY OF FPYFTTFVIIIE. ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council FROM: Kit Williams, City A DATE: July 11, 2003 RE: New Telecom Ordinance As promised, we have put the Telecom Ordinance in the form where it can be adopted as an Exhibit so I do not have to read aloud four pages of an ordinance. This should be exactly the same language as presented to you in the other form during the Agenda session. However, I have attached it to this memo for your review prior to the meeting. ORDINANCE NO. 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. 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 Arkansas, includes other telecommunications services as we services; and, WHEREAS, the City Council of the ity of to redefine the scope of the current Telarlmui advisory capacity regardin ."_telecommu' 'ons public information me.o serve; ardi to the provision of ent t' omm cati " se ER BE IT DAIN body for CITY COUNCIL OF action 33.2 ugh §33.211, "Telecommunications Board" is •epeal an' 'bit "A" attached hereto and made a part hereof, is in it teac,r ATTEST: By: SED and APPROVED this 15th day of July, 2003. SONDRA SMITH, City Clerk APPROVED: By:' DAN COODY, Mayor V 1 • 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 (PEG) use in the City of Fayetteville as part of the city's telecommunications infrastructure. (a) Definitions. For the purposes of this ordinance, the definitions shall apply unless the context clearly indicates or require meaning. (1) Education Channels. Education channels rovMeprottmi rg that is educational and informational, with an emp isglocallyd programming. Programs may also be i ctional, ng por all audiences. • t w .� r u: k • �,�F t 7 • • • • • •I • • UjzF�a •I X11 Y...t6_[n' �•� • �•• • • . l�-0yry-. _ _ i.�'' • • �1 •ln • • �Vly i • • . • " (3) fie Access Channels. Public access channels provide a forum for local rSPati'on express themselves. Content may include video and other electronic 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 Infrastructure. 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 P. • EXHIBIT "A" 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, thfbe 11 draw lots to determine the length of their initial term. One (1) membS14je a term of one (1) year; two (2) members shall serve terms oftwo members shall serve terms of three (3) years; and two erve terms of four (4) years. Thereafter, members sh e s ear terms. Vacancies in an unexpired term shall be filled - the 'tthe remainder of the term. Any person wh - erves tw tithe Telecommunications Board shall not be -: le for re erm Inmuni ns B ect from its members a a one - to all be eligible for re-election Y'� Fur the Telecommunications Board may elect sta any committees as it deems necessary for its Surrt. The Mayor shall designate city employees to assist the Ltions Board in performing its duties and carrying out its 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 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 S EXHIBIT "A" • 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: (1) Use and administration of cable TV channels public access, educational, and governmental (PEG) use; (2) Use and administration of telecC use of public rights of way for telecommunications in (3) Establishment and use c to City's (4) Any channel user, tell r. City b}�cable TV or f • er entiti and public Less, e1WMntal, and governmental (PEG) development and maintenance of the city's '.•1. F' (7) Performance of any cable or telecommunications operator s • 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 S • EXHIBIT "A" 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 s e forwarded to the City Council quarterly for their review. (4) Facilitate dispute resolution conG - annels, including but not limited to operations, progr nten , etc.; ck the complaints filed by citizens to assure that teleco I ca ' ns pro ers are responding to complaints in an effective atimely m er channels; nm atio a solutions in the City to Jffje use cj nding digital capacity; of telecommunications policy issues; 8) onward a report to the City Council recommending either 'eplacement of any cable or telecommunications agent no less than 45 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. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Alderman Don Marr Alderman Lioneld Jordan From: Clarice Buffalohead-Pearman City Clerk Division Date: July 18, 2003 Re: OM. 4504 Attached please find an executed copy of the above referenced ordinance passed by City Council, July 15, 2003 approving an amendment to Chapter 33, of the Fayetteville Code of Ordinances regarding the Telecommunications Board. The original ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know. /cbp cc: Nancy Smith, Internal Auditor XS) td I . ^ 1S I (Sj AFFIDAVIT OF PUBLICATION nr I, c UJ do solemnly swear that I am Legal lerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: �.c YICc-O D, X15044 was inserted in the regular editions on n1n Po# I3 ** Publication Charge: $"J12/. /4 Subscribed and sworn to before me this day of , 2003. Notary Public pine Sall My Commission Ex„ Notary r ,._, �VashingtonCounry^ X710- ..__..,;ccionGxpi:csOJ cc ** Please do not An invoice will be sent. RECEIVED JUL24 4 2003 CITYoFFgy jET�EVILLE Cm CLERKOS OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 AN 0PLNUM;E HM DHMIEP I Oo;f a BiO OWKQ ThMLE.-MISSIONS E DANINO;NE5 OFTHE OE OF FAYEITEVIl1F.' 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PED lady Teiw w ul.bmna hr_iwn.an mv'i_1 mwt:Yommwayta wnx. p'a.d bpfc role.;e ,a S.agvVMsit PEOIiaa: urvme w Orr farrl ants', ha 0-- S ORDINANCE NO, 4506 AN ORDINANCE AMENDING CHAP IER 33, DEPARTMENTS, BOARDS, COMMISSIONS AND AUIHORmES, OF THE CODE OF FAYETTEVILLE, BY REDEFINING THE COMPOSITION, NIATO PROCEDURES, ES. AND DUTIES OF THE �•7 OFFICERS, C S GP BOARD. ofFayetteville WHEREAS, under the terns end conditions of the cable television frandase agreement the dry Is given, among other respansbililie9, the duty to regulate cable television channels for public access, educatb i l end governmental (PEG) programming; and. WHEREAS, the use of the pbtc rights of way h the City of FayatteMe, Ahatsas, includes other Ideoohmatatbrs services as well as cable television sery ices: end, WHEREAS, the City Council of the Cry of Fayetteville, Arkansas, desires to redefine the scope of the current TelecCOmLIQ attire Board to serve In an advisory Capacity regard'rg tebcmnnfcatlau Lssuas, to promote the LO of pubic Infamatbn media, arc to ¢acre as a coordlnattg body for issues relating to the prmNsion of dllaer of telemrrmuocatiam services. NOW, THEREFORE. BE R ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYETTEVILIF, ARKANSAS: Section 1. That §33.205 tfagh §33.211, Telecarn itcations Board' is hereby repealed and Exhi tt Aattached hereto and made a part haeol, Is Inserted in its Weed. PASSED and APPROVED tMs 15th day of Jury, 2003. APPROVED: DAN COODY, Mayor ATTEST. By SONDRA SMITH, City Clark EMiblt'A' §33.205. P rpose and Invent. It Is the purpose and htent of the City CO ncil of Ue City of Fayetteville to redefine that axpe of the oront Tdealvnhrtatds Board to advise the City Cantl on telecarn s catlaa Issues and to coordinate and oversee [decorrrnurhicatiors frenchse systems and use of the public rights of way deslgretod for pubic access, educational, and govenmental (PEG) use In the City of Fayettevvile as on of the citys tSecommunicatlone Infrastructure. (a) Dethars. For the p+posas of this eminence, the folowi g deMitbrs shaft app, uness the context dearly Indicates or regales a different mean g. (1) Education Charnels. Education charnels than provide programming that is educational and Informational, with an emphasis on bcaly-produced programming. Programs may also be Instructional, With l err ing Potential for at audences. (2) Government Charnels. Goverwnant chamois provide dazes with ccmenient ao ass to the thy gOv0hmW. The station shay be operated In an unbiased manner. The goal Is to create an Informed and Involved citizenry. Content will generally be created a acquired by local government employees. elected officials, and volunteers, and wit typically Provide Information eboi services provided by focal, State, and regional governments, issues faced by local governments, and pubic meeting coverage. (3) Public Access Chanes. Pubic access channels provide a /aunt for local madarils to ax4ness Unennmekvas. Content may include video and other dectmdc hfortmtion Produced, directed and erhBInnaered by cainxnty members. These productions focus on many aspects of mnnxrrry the. ranging from the services and activities of community organizations to the opinions, ballets and artistic apressias of indhiduss in the commudy, or outside productions requested and introduced by carvnosyy members. (4) TSecarvrn-katbrs infrastructure. Telemrtunaticatias hhastrucNe mears the shared persons of the tdOcurmU IOMIO s- Ur Sssbn facilities used by to dry. Inc40rg pubic rights of way. e1 transmission medsnsns. and associated equpment and software components necessary for the management and control of the city§ Information network. Teleconvnu,tatiae fedtiUm include. but am not necessarily limited to: terrestrial radio, optical fiber cables, satellite commuhcations, radio and television stations (traditional broadcast as well as cable and satellite bcoadcasQ, and ptbtc awltdned telephone reMM. §33.206. Carpodlbn. The Fayetteville TSecrnvnutarcns Board shat consist of seven members appointed by the City Cord. Members shall have experience in any one of the folowig areas: telecommunications infrastructure management, public policy development regarding communication and tSecaanrtcatio s issues, television, or Other appropriate etpertise. Members shall be registered votes and residents of the City of FayettevW e, and shat have resided therein for at land six (6) months prior to thSr appdnunent Those mambas serving as of the effective date of this On i a ce stall midn their seats We August 15, 2003, at wtich point at of the posUlocs Wet be opal for appointment. At the Post regular meeting after appdnment, the members shall draw lots to determine"the length of their inbal temp. One (1) member shall serve a tern of one (1) year: two (2) members shall serve terns of two (2) years; two members that serve terms of three (3) years: and two (2) members shot save terms of bur (4) years. Thereafter, members dal serve staggered tar -yea terms. Vacancies N an unexpired term shal be Ned by the City Cancer for the remainder of the tent Any person who saves two ooseanHe tare on the Telemnmcntatios Board shell not be Sag tie (or roappohbent in1W one term of office has spired, chess there are an Insulficsnt nunbor of qualified applicants to fo at vacancies. §33.207. Ofers. The TelecommxNcatons Board than elect from its members a chairperson, who dell serve a one-year term and Wall be eligible for nadeclbn to a subsequent term or team. FuWor. tie TdecanmNratbrs Board may Sect such additional officers and establish any cenmitbes as It deems necessary for the proper performance of its dries. §33.208. Staff Support. The Mayor shall designate city employees to assist the Telecommunications Board In performing Its duties and carrying out its respon blities under this ordinance. §33.209. Pnoceores. (a) the TSecamxNcatims Board dal meet at least once each month and may meet more freque'W 0 necessary to carry out Ms duties. Four members shall caedNe a grprurn. (b) the Teeconmurtatlas Board shall establish rubs and regulations goveming its procedures. (c) the Tdecomrnunicatiae Boards meetings and records shall be sbled to the provisions of the Arkansas Freedom of Information Act, A.C.A. §§25-19-101 W seq... as it may be from time to time amended. (d) the Teecco nNretas Board that Provide the City Carrot an annual report briefly sanmWbkng its previous year eclMtia, and outlini g its goals for the next. §33.210. Duties. (a) The Tolecommunicatias Board that advise the City Cone end make necarnneMatkna on t"COMmrrtatos hhussau0lae Issues, inclu1Ig but not lmMed tote folowi g: (1) Use and ed lydsttation of cable TV deands designated for pubic agrees, educational, end govrrments! (PEG) use: (2) Use and adminsmtion of telecommuncatlons facilities and use of publIc rights of way for telecommunications Infrastructure; (3) Establishment and use of the awe PEG tadfty; (4) Any reports subrhttetl to the City by a cabe TV operator, PEG darnel user. teemrvnuhcatbn agacY. or other entities regarding tdenmrxrtatbrs mattes: (5) Fud'ug for public access. educational, and governmental (PEG) operations: (6) Funding for the development and maintenance of the cNys telecommunications infrastncture; (7) Performance of any cable or tolewmmunlcatbrs operator serving the city with regard to rates, omtaher service, tedncal standards, prgrarnming. and readremnelts of the applicable ffacCNae agreement; and (8) Renewal of any fray to ageement between a tdecorrcnutcatbrss agent and the City. (b) Further, the Telecommunicatios Board slat have the following dudes and raspon&blNes: (1) Oversee the administration of the Ciy's PEG facility; (2) Oversee the administration of airy cable te4Nsioh channels or other telecommunications facilities designated for public access. edhxatiornaL or gcvermeiia (PEG) use. uniess to City Coffer entae into a conduct with another entity or NsWubn for such a t, nlsfratbn. If the city enters Into a contract with another entity for eorlihstmtion 01 a PEG channel, the TdecortvaNraeorrs Board shall ensue contract conWlsnco. Whether administered by the city or contracted. the Telecommunications Board dub facilitate the creation of policies regarding cablecast material selection, time guidelines for cadecast mstenlaL viewer and facility user compsinUfeedback practices, and other such policies regarding the use and administration of the dharnels. (3) Perform periodic evakralio s of contract compliance for at contracts resting to [SaArtvrxrtaticns. A s rnrnay of aft eatvetionn that be forvrmded to the City Guns garibty for that mAew. (4) Facatate dispute reenution cacernhg PEG c annes, hcodirg but not 4mtted to operations, program content, etc.: track the compaints filed by citizens to assure that telecommunications providers am responding to complaints In an effective and toemanner. (5) Promote puck awara,ess, use and viewership of PEG charnels: (0)) Identify tSecnrturrhrhkatiore reeds and sailors h the City and dofine Innovative approaches to the use of epandi g dgta capacity: (7) Promote pubic ewaraoss of tSemnmuncattors Policy lapse; arid. (8) Forward a report to the City Council rocommendkg Sther renew al or replacement of any cable or telecan'nurdCetiohs agent no des than 45 days bSae the cony a erpira0On. (c) The v scommunbaliass Board that have auMhp=My to disseminate such gudn#w"and egSa�i9 as are necessary to cay out the duties and sat forth In this secvcn.