HomeMy WebLinkAboutOrdinance 5478 ORDINANCE NO. 5478
AN ORDINANCE AMENDING ARTICLE IX TELECOMMUNICATIONS
BOARD OF THE CODE OF FAYETTEVILLE, BY REDEFINING THE
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 redefine
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repealed and Exhibit"A" attached hereto and made a part hereof, is enacted in its stead.
PASSED and APPROVED this 17th day of January, 2012.
APPROVED: ATTEST:
By: By:
O EL O AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Fhb a & Y OF L
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FAYE1 EVILLEa
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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 Telecommunications Board to advise the City Council on
telecommunications issues, 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 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. 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 Fayetteville
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.
§33.206. Composition. The Fayetteville Telecommunications Board shall consist of seven
members appointed by the City Council. Members should have experience in one or more of the
following areas: telecommunications infrastructure management, public policy development
regarding communication and telecommunications issues, television, or other appropriate
expertise. All members shall serve staggered four-year terms.
§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 terns.
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 should 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 may 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.
(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 year.
§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 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) Performance of any cable operator, IP television provider or telecommunications
franchisee serving the City, with regard to customer service, technical standards,
programming, and requirements of the applicable franchise agreement; and
(7) Renewal of any franchise agreement by any such provider.
(b) The Telecommunications Board shall have the following duties and responsibilities:
(1) Regularly review the administration of the City's PEG facility;
(2) Regularly review 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
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compliance. Whether administered by the city or contracted, the Telecommunications
Board shall work with City staff to 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. A summary of all evaluations shall be forwarded to the City Council
quarterly for their review.
(3) Facilitate dispute resolution concerning PEG channels, including but not limited to
operations,program content, etc.; track the complaints filed by Fayetteville residents to
assure that telecommunications franchisees and access providers are responding to
complaints in an effective and timely manner.
(4)Promote public awareness, use and viewership of PEG channels;
(5) Promote public awareness of telecommunications policy issues; and,
(6) Forward a report to the City Council recommending either renewal or replacement of any
cable or telecommunications franchisee 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.
3
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
01/17/2012
City Council Meeting Date
Agenda items Only
Lindsley Smith Communication General Government
Submitted By Division Department
Action Required:
A Resolution Approving Telecommunications Board Revisions to Chapter 33: Department Boards, Commissions and
Authorities Ordinance Article IX: Telecommunications Board
N/A N/A N/A
Cost of this request Category/Project Budget Program Category/Project Name
N/A N/A N/A
Account Number Funds Used to Date Program!Project Category Name
N/A N/A N/A
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
O—
Previous Ordinance or Resolution#
4paDirector Date
Original Contract Date:
Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in Cityl 2-30—1 1 P03:47 R C V D
Clerk's Office
kw,
Chief of Staff Date
Received in '
Mayors Office � .
6,4ayoI4 Da
Comments:
Revised January 15,2009
THE CITY OF FAYETTEVILLE,ARKANSAS
a e evl le ADMINISTRATION
Y 113 West Mountain
Fayetteville,AR 72701
P(479)575-8330 F(479)575-8257
AFKAN5A5
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: Lindsley Smith, Communication Directors
Fayetteville Communication Department
Date: December 30, 2011
Subject: Revisions to Chapter 33: Department Boards, Commissions and Authorities Ordinance Article D{:
Telecommunications Board
PROPOSAL
In addressing complaints against the Telecommunications Board, the Board found merit in some complaints
filed by Mr. Jim Bemis,primarily the inability of Board members to perform certain duties required by the
existing ordinance. Also, over the past year and a half in the Board's goal of addressing the complaints, the
City Attorney and the Assistant City Attorney, upon request of the Telecommunications Board, were called
upon various times to attend Board meetings and assist the Board in understanding its role and duties as a
Board. An orientation for Board members was also instituted in 2010 to assist Board members in understanding
their roles and the scope of their duties. On September 15, 2011,the Telecommunications Board established an
Ordinance Review Committee to address these issues and determine what ordinance changes were needed to
improve the efficiency and effectiveness of the Telecommunications Board and clarity of the Board ordinance.
The Telecommunications Board's Ordinance Review Committee met twice and made amendments to the
Ordinance,which included incorporating several previous opinions of the City Attorney that clarified language
in the existing ordinance regarding the role of the Telecommunications Board.
The Telecommunications Board's Ordinance Review Committee presented its revised ordinance to the full
Telecommunications Board for review on October 20, 2011, and the Board voted to send the Board's revised
ordinance to the City Attorney for review and comments. The City Attorney made additional comments and
recommended changes on November 23 and December 1, 2011.
The following changes were made in the proposed ordinance:
Addition of words:
• "IP television provider"was added to the Telecommunications Board's purview in order to increase the
Board's review of agreements in light of recent technological advancements and to try to cover all
current providers and anticipate additional future technological changes and providers,
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 '.,
THE CITY OF FAYETTEVILLE,ARKANSAS
• added the word"year"to the Board's reporting duty to the City Council, as this word is missing from
the original ordinance and necessary for duty clarity and a complete sentence,
• added the words"work with City staff'as to the creation of city policies related to PEG channels, and
• the words "franchisees and access"were added to clarify the telecommunications providers in which the
Board would track to assure that they are responding to complaints effectively and timely.
Deletion of words:
• "the current"in reference to the Telecommunications Board,
• "and to coordinate and oversee"when referencing the Board's role in regard to telecommunications
franchise systems and public rights of way,
• the definition of"Telecommunications Infrastructure",
• deleting the words"as it may be from time to time amended"in reference to the FOIA,
• deleted a role for the Board of advising the City Council about"Funding for the development and
maintenance of the City's telecommunications infrastructure",
• deleted a duty to "Identify telecommunications needs and solutions in the City and define innovative
approaches to the use of expanding digital capacity",
• the shortening of§33.206 to remove eligibility and attendance requirements that are now controlled by
§33.330-§33.332, and
• deletion of the wording"Perform periodic evaluations of contract compliance for all contracts relating to
telecommunications"since that was covered earlier in the ordinance for assuring contract compliance.
Word editing:
• changing two uses of"shall"to"should",
• one use of"shall" changed to "may",
• changing the word "local"to "Fayetteville",
• twice changed the word "oversee"to instead say"regularly review",
• in reference to the Board's review of franchise agreements the words "between a telecommunications
agent and the City"was changed to"by any such provider",
• "changed"citizens"to "Fayetteville residents" in reference to tracking complaints, and
• "telecommunications agent"was changed to "telecommunications franchisee".
On December 15, 2011, the ordinance as revised by the Telecommunications Board Committee and City
Attorney was then submitted back to the Telecommunications Board, which considered, discussed, and
approved the revised ordinance with a recommendation in a 5-1 vote that the revised ordinance be adopted by
the City Council.
RECOMMENDATION
Staff recommends approval of Chapter 33, Article IX revisions.
BUDGETIMPACT
This ordinance revision will have no impact on the City's budget.
ATTACHMENTS--Dec. 1 City Attorney Memo and Exhibit"A"revised ordinance; Exhibit`B"strike-
through version of revised ordinance; existing ordinance(Ordinance No. 4504)passed in 2003; City Attorney
Memos (11-23-2010, 8-19-2010, 6-3-2008,2-7-2006).
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
ae evl le Departmental Correspondence
y ARKANSAS
ww-accessfayetteville.org LEGAL
DEPARTMENT
Kit Williams
CityAttorney
TO: Telecommunications Board Jason B.Kelley
Assistant City Attorney
CC: Lindsley Smith, Communications & Marketing Director
Fritz Gisler, Government Channel Manager
FROM: Kit Williams, City Attorney"-
DATE:
ttorneyDATE: December 1, 2011
RE: Revision of Article IX Telecommunications Board of Fayetteville Code
I have reviewed the proposed revision of Article IX Telecommunications
Board of the Fayetteville Code which was submitted to me by the
Telecommunications Board. I believe that you have made several well-reasoned
and appropriate changes to the current ordinance.
I have made a few suggested changes myself for your consideration. Please
see the attached proposed amended copy. Some changes, like the title of the
ordinance are merely stylistic rather than substantive. Recently, the City Council
enacted uniform rules and procedures, eligibility and attendance requirements for
all citizen volunteers serving on City boards, committees and commissions.
Therefore, I have drastically shortened §33.206 which is now controlled by
§33.330-§33.332.
Under §33.210 Duties, I have suggested changes in (6) and (7) to add
Internet Protocol (IP) television provider (such as AT&T Arkansas) to the existing
cable operator and telecommunications franchisee to try to cover all current
providers. With further advances and changes in this exploding technological area,
we will probably learn of new forms of service and new names for future
providers. The City Council will appreciate your advice on the performance and
renewal of all such providers.
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE IX TELECOMMUNICATIONS
BOARD OF THE CODE OF FAYETTEVILLE, BY REDEFINING THE
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 redefine
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 enacted in its stead.
PASSED and APPROVED this 17`h day of January, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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 Telecommunications Board to advise the City Council on
telecommunications issues, 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 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. 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 Fayetteville
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.
§33.206. Composition. The Fayetteville Telecommunications Board shall consist of seven
members appointed by the City Council. Members should have experience in one or more of the
following areas: telecommunications infrastructure management, public policy development
regarding communication and telecommunications issues, television, or other appropriate
expertise. All members shall serve staggered four-year terms.
§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 should 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 may 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.
(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 year.
§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 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) Performance of any cable operator, IP television provider or
telecommunications franchisee serving the City, with regard to customer service, technical
standards,programming, and requirements of the applicable franchise agreement; and
(7) Renewal of any franchise agreement by any such provider.
(b) The Telecommunications Board shall have the following duties and responsibilities:
(1) Regularly review the administration of the City's PEG facility;
(2) Regularly review 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
2
channel, the Telecommunications Board shall ensure contract compliance. Whether administered
by the city or contracted, the Telecommunications Board shall work with City staff to 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. A summary of all evaluations shall be forwarded to
the City Council quarterly for their review.
(3)Facilitate dispute resolution concerning PEG channels, including but not
limited to operations, program content, etc.; track the complaints filed by Fayetteville residents to
assure that telecommunications franchisees and access providers are responding to complaints in
an effective and timely manner.
(4) Promote public awareness, use and viewership of PEG channels;
(5) Promote public awareness of telecommunications policy issues; and,
(6) Forward a report to the City Council recommending either renewal or
replacement of any cable or telecommunications franchisee 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.
3
