HomeMy WebLinkAboutOrdinance 5774ORDINANCE NO. 5774
AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS
BOARD OF THE CODE OF FAYETTEVILLE TO CONFORM TO CHANGES
IN STATE LAW AND TO CLARIFY DEFINITIONS AND DUTIES OF THE
BOARD
WHEREAS, in 2013, the Arkansas General Assembly passed legislation which effectively ended
the use of franchise agreements between cities and communications providers; and
WHEREAS, the Telecommunications Board, in its role as an advisory board to the City Council,
has recommended amendments to the City Code to conform to the changes in state law as well as
clarify certain definitions and duties of the board.
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 That §33.205 through §33.211, Telecommunications Board, is hereby repealed and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 place.
PASSED and APPROVED this 19th day of May, 2015.
APPROVE ATTEST:
,By'`�-'-- By:
LIONE AN, Mayor SONDRA E. SMITH, City Clerk Treasurer
�i
e g
+�*�,,���• �; f TRS 4,
sG
rU; FAYETiEVILLI a,
'.9s'•"kA NS'� #
Exhibit "A"
ARTICLE IX
TELECOMMUNICATIONS BOARD
33.205 Purpose And intent
It is the purpose and intent of the City Council of the City
of Fayetteville to define the scope of the
Telecommunications Board to advise the City Council
on telecommunications issues and use of the public
rights of way designated for public access, educational,
and government (PEG) television use in the City of
Fayetteville.
(A) Definitions. For the purposes of the Article, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Education Channels. Education channels
telecast non-commercial 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
telecast non-commercial programming that is
information about the City and other
governmental entities, government services,
and community life. Government channels
support the City's communications initiatives
by providing television coverage of public
meetings, government programs, and
government activities.
(3) Public Access Channels. Public access
channels telecast non-commercial
programming that is provided by private
individuals. The channel operator exercises no
control over the content of the programming,
provided the programming is not in violation of
the law.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.205; Ord. 4504 07-15-03; Ord. 5478,1-17-12)
33.208 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.
(Ord. No. 3549, 5-21-91; Ord. No. 3966, §1, 7-16-96; Ord. No.
4219, 2-1-00; Code 1991, §33.206; Ord. 4504 07-15-03; Ord.
5478,1-17-12)
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.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.207; Ord 4504, 07-15-03; Ord. 5478,1-17-12)
33.208 Staff Support
The Mayor may designate city employees to assist the
Telecommunications Board in performing its duties and
carrying out its responsibilities under this ordinance.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.208; Ord. 4504, 07-15-03; Ord. 5478,1-17-12)
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.
(Ord. No. 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219,
2-1-00; Ord. 4504, 07-15-03; Ord. 5478,1-17-12)
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 tele-
communications facilities and use of public
rights of way for telecommunications
infrastructure;
(3) Use and administration of the City's television
production and telecasting facility, as it is used
for producing or telecasting public access,
educational, or government programming;
(4) Any reports submitted to the City by a PEG
channel operator, a telecommunications
agency, or other entities regarding
telecommunications matters;
(5) Funding for public access, educational, and
government television operations;
(B) The Telecommunications Board shall have the
following duties and responsibilities:
(1) Regularly review the administration of the
City's television production and telecasting
facility;
(2) Regularly review the administration of any
cable television channels or other facilities
designated for public access, educational, or
government television 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 work with City staff to facilitate the
creation of policies regarding programming
content selection, time guidelines for
programming, 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.
(4) Facilitate dispute resolution concerning PEG
channels, including but not limited to
operations or program content.
(5) Track the complaints filed by Fayetteville
residents to ensure that PEG channel
operators are responding to complaints in an
effective and timely manner.
(4) Promote public awareness, use, and
viewership of PEG channels; and,
(5) Promote public awareness of
telecommunications policy issues;
(C) The Telecommunications Board shall have
authority to establish and disseminate such
guidelines and regulations for itself as are
necessary to carry out the duties and
responsibilities set forth in this section.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.210: Ord. 4504, 7-15-03; Ord. 5478,1-17-12)
33.211-33.225 Reserved
(Ord. No. 3549, 5-21-91; Code 1991, §33.212; Ord. No. 4219,
2-1-00)
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0235
Agenda Date: 5/19/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 8
AMEND ARTICLE IX TELECOMMUNICATIONS BOARD
AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD OF THE CODE
OF FAYETTEVILLE TO CONFORM TO CHANGES IN STATE LAW AND TO CLARIFY
DEFINITIONS AND DUTIES OF THE BOARD
WHEREAS, in 2013, the Arkansas General Assembly passed legislation which effectively ended the
use of franchise agreements between cities and communications providers; and
WHEREAS, the Telecommunications Board, in its role as an advisory board to the City Council, has
recommended amendments to the City Code to conform to the changes in state law as well as clarify
certain definitions and duties of the board.
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 place.
City of Fayetteville, Arkansas Page 1 Printed on 511412015
City of Fayetteville Staff Review Form
2015-0235
Legistar File ID
5/19/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Lindsley Smith 4/30/2015 Communications & Marketing /
Communications & Marketing Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Adoption of Telecommunications Board proposed technical revisions to Article IX, Telecommunications Board
Account Number
Project Number
Budgeted Item?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
l$ I
Does item have a cost? No Item Cost
Budget Adjustment Attached? Budget Adjustment
Remaining Budget $ —
V20140710
Previous Ordinance or Resolution # Ord. No. 4219
Original Contract Number:
Comments:
Approval Date: �_ 111iLij
CITY OF
T '*1
11q
ay
ARKANSA
MEETING OF MAY 19, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
TNRU: Don Marr, Chief of Staff
FROM: Lindsley Smith, Directornications, Marketing, and Volunteer Services
DATE: April 30, 2015
SUBJECT: Revision of Article IX, Telecommunications Board
RECOMMENDATION:
Adoption of Telecommunications Board proposed technical revisions to Article IX,
Telecommunications Board
BACKGROUND:
In 2013, the Arkansas General Assembly passed legislation affecting municipal franchising
agreements. The Telecommunications Board worked to propose changes to the existing
Telecommunications Board Article to conform to the change in law and also recommends
wording changes that both update and clarify three sections of this Article. The Board
recommended that staff present it to the City Attorney for his insight as to their
recommendations. City Attorney Kit Williams provided helpful information for the Board for its
April meeting with a recommended change. The Telecommunications Board voted unanimously
in its April meeting to accept the change and approve sending the revised Article to the City
Council for its approval.
DISCUSSION:
The City of Fayetteville Telecommunications Board and staff approve the recommended
changes now before the City Council and ask for the approval of the City Council.
BUDGET/STAFF IMPACT:
None.
Attachments:
- Letter to the City Council dated April 21, 2015, outlining the Board's advice
- Memo from City Attorney Kit Williams dated April 16, 2015
- Mark-up copy of Article IX with proposed changes
- Clean copy of Article IX with proposed changes accepted
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
�ttM1e
ARKANSAS
April 21, 2015
City Council,
The City Council's Telecommunications Board unanimously approved an advisory item for
submission by staff to the Fayetteville City Council for its consideration —proposed revisions to
the Telecommunications Board Article IX. _
In the 2013 Arkansas General Assembly Session, the State Legislature passed a bill that
became law that permits the ending of franchise contracts between cities and communications
providers. In the Board's February meeting, it worked on recommended changes to the City's
Telecommunications Board Article and drafted changes to correspond with the legislation
passed by the Arkansas General Assembly and updated wording for accuracy as required and
asked staff to have the draft reviewed by the City Attorney before its final vote to advance this
recommended wording change to the City Council.
The City Attorney reviewed the work of the Telecommunications Board and provided a memo
and edit recommendation, which was presented to the Telecommunications Board in its April
meeting (held the evening of April 16, 2015). At that meeting, the Board voted to accept the
recommendation of the City Attorney, and the Board unanimously voted to move this item to the
City Council for its consideration of a change to Article IX.
In accordance with the vote and direction of the City Council's advisory Board, I, as staff of the
Telecommunications Board, submit the attached documents, which include the City Attorney
memo, the ordinance with mark-up designation of the changes voted upon by the Board, and a
"clean copy" of the Article as passed by the Board without the mark-ups for your review.
Respectfully Submitted,
ind ley Smit Staff
Telecommu cations Board
Mailing Address: COMMUNICATIONS
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
City ATTORNEY
Kit Williams
City Attorney
Blake Pennington
TO: Lindsley Smith, Communications & Marketing Director Assistant City Attorney
Patti Mulford
Paralegal
CC: Mayor Lioneld Jordan
Chief of Staff Don Marr
Telecommunications Board
FROM: Kit Williams, City AttorneyL 4w _.
DATE: April 16, 2015
RE: Revision of Article IX, Telecommunications Board
Thank you for providing me a copy of the proposed revisions of the
Telecommunication Board ordinance which was created by a large
committee with then Aldermen Jordan and Marr serving as co-chairs.
Creating that original ordinance was very time consuming and difficult so I
wanted to ensure that that effort would be- honored by any new revisions.
The revisions now proposed appear to be a good update of the
current Article's provisions. We no longer need to reference and should
delete current references to franchise agreements and regulations as the
State Legislature removed the franchise power from the City. I think the
other proposed revisions also improve Article IX, Telecommunications
Board.
I do suggest making one stylistic change. Now that the
Telecommunications Board ordinance has been codified, the Definitions
subsection should read: "for purposes of the Article" (rather than
"ordinance").
ARTICLE IX
TELECOMMUNICATIONS BOARD
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,,;-teleeomrlunioations
fraanchise..systems-and use of the public rights of way
designated for public access, educational, and
governmental (PEG) television use in the City of
Fayetteville -as- part--of-•the-the- city's -telecommunications
infrastructure.
(A) Definitions. For the purposes of this-erdiaaasethe
Article, the following definitions shall apply unless
the context clearly indicates or requires a different
meaning.
(1) Education Channels. Education channels
shaft - •-providelelec ast 0C .cornrraerciat
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- elecatt non cgrpn a gistprp_gr4mm rig
they, ts nfm'mpinlnn yiyp.g( the +x+iy and other
governmental entities,.'., governmp ll. services
and communty lire. Government cnannels
pupr Jt thy, Ci[yy rppmnlucat¢Qns Its(ai£yes
tty prov_ia(mg tO;M0cn c4Ytrsge of public
meetings, guv rn€Vent l,rog ams, arC
cyernme'1E ac#is #ies trzea5 witn convenient
atleee>t; to the city governre :v.- The stale€on
matt be cperatev an an unbiased manner. ...T;;e
goo.: rs to create- art -informed -end-atwolve0
citizenry; Content witlgenemE€yht crested or
acquired by - ioan6 government -.e?tick yetis,
elected otfirials; - and -volunteers; and will
typically provide information abo,r. services
prevlsied - by-lge-ii, —Slate,---sad—regional
governme;its, ....issues ....-faced - -by . 'ccal
government6, and :mliblio meeting coverage
(3) Public Access Channels. Public access
channels provide telecast non-comme_rry
prugmnmming (hut Is provided h} grie to
e wItu)19>, The r,ttennef opentgrg,g r'tees no
Cc rc,l over he content 0 Ii'@progerni rgg,
L v cod it g progrrrierrauag ]5 rgp(an vrgf;st pnuf
inc law_ _a forurrr ;or Fcye':tcvlile- residents de
express themes€ve :.......Content may._in..i,ide
video and other v ec#ronic information
rrrlduceddirected end engneared by
corri:'rvmity .. rne'E ere-. -. he"--nrcduc,iO'i
focus on many aspects cf community tile,
.
angra-,g 1(00.t#�;
-re-rrcx=s..a. ....acf.w:+es._c,
community -organizations --to. tt>e.. ..0,4*:Non",
beliefs and artistic expressions of Individuals hr
the community, or outside productions
requested and introduced by community
members.
(Ord, No. 3549. 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33,205;. Ord. 4504 07-15-03; Ord: 5478, 1.17-12)
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.
(Ord. No; 3549,5.21-91; Ord. No. 3986, V. 7-16-96; Ord. No.
4219, 2-1-00; Code 1991,§33.206; Ord, 4504 07-15-03; Ord,
5478, 1.17.12)
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 Formatted: Font (Default) Anal 9 pt
committees as It deems necessary for the proper l -�,.•
performance of Its duties. Formatted; Font(Default) Anal, 9 pt
(Ord. No, 3549.5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.207; Ord 4504, 07-15-03; Ord. 5478, 1-17-12) ..... —'"
Formatted: Font (Default) Arial, 9 pt
33.208 Staff Support
The Mayor should may designate city employees to
assist the Telecommunications Board in performing its
duties and carrying out its responsibilities under this
ordinance.
(Ord. No. 3549,5.21-91: Ord. No. 4219, 2-1-O0; Code 1991,
§33,208; Ord, 4504, 07-15-03; Ord. 5478, 1-17-12)
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. GA.
§§25-19-101 et seq.
(D) The Telecommunications Board shall provide the
City Council an annual report briefly summarizing
its previous years activities and outlining its goals
for the next year,
(Ord. No. 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219,
2-1-00; Ord. 4504, 07-15-03; Ord. 5478, 1-17-12)
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 tele-
communications facilities and use of public
rights of way for telecommunications
infrastructure;
(3) Establishment and-uUse and administration of
the City's P€G._._television ..prod idron and
(etegasi nLt facility. asItin used for prodn' rq
or telecasir rg p hlrcacres,Qucppp af or
government progremming.
(4) Any reports submitted to the City by a- cable
TV operatap-PEG channel operator user, a
telecommunications agency, or other entities
regarding telecommunications matters;
telecommunications facilities designated for
public access, educational, or government
television al (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 work with City staff to facilitate the
creation of policies regarding cablecast
programming_Contenrnaterial selection, time
guidelines for cablecast materialprogremming,
viewer and facility user complaint/feedback
practices, and oother 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.
(4) j3) Facilitate dispute resolution,,
concerning PEG channels, including but not -
limited to operations or; program content,..__.
(5) etc ; tTjsck the complaints filed by
Fayetteville residents to gfsure that `•,
telecornrnunications -franchisees and-.
accesePEG channel operators providers are
responding to complaints in an effective and',,
timely manner.
(4) Promote public awareness, use, and
viewership of PEG channels; and
(5) Funding for public access, educational, and (5) Promote public awareness of
govemmenl.t y(sjgnal(PEG) operations; telecommunications policy issues; and,
(S) Perfoaaanse--of—aey--sable—operator aP
television provider or --telecommunications
€ranchisee. serving- -the-- City,....wdth...regard to
customer........service: ---technical----standards
programming,......-and.......requirements .... of the
applicable franchise agreement and
(7-} - Renewal -el -any -fr-anshiso-agreemoaf by any
such -provider:
(B) The Telecommunications Board shall have the
following duties and responsibilities:
(1) Regularly review the administration of the
City's P€--tolfry ion,._._proriucion and
te,lecastng facility;
(2) Regularly review the administration of any
cable television channels or other
(6) Forward a report -to the City -Council
recommending either renewal -or replacement
of -any cableor telecwnmunicationshanchisee
no less -than 45 days -before the contracts
expiration
(C) The Telecommunications Board shall have
authority to establish and disseminate such -
guidelines and regulations (or.. itself as are
necessary to carry out the duties and
responsibilities set forth in this section.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.210; Ord. 4504, 7-15-03; Ord. 5478,1-17-12)
33.211-33.225 Reserved
(Ord. No. 3549, 5-21-91; Code 1991, §33.212: Ord. No.4219,
2-1-00)
. _ ..........
Formatted: Font: (Default) Anal 9 pt
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: (Default) Arial, 9 Pt�
Formatted: Font: (Default) Arial, 9 pt
Formatted: Font: (Default) Aral, 9 Pt����
Formatted: Font. (Default) Anal 9 pt
Formatted: Right: -0.05"
Formatted: Right: 005
Formatted: Tab stops: Not at 0.5" + 1" + 6.44"
ARTICLE IX
TELECOMMUNICATIONS BOARD
33.205 Purpose And Intent
It is the purpose and intent of the City Council of the City
of Fayetteville to define the scope of the
Telecommunications Board to advise the City Council
on telecommunications issues and use of the public
rights of way designated for public access, educational,
and government (PEG) television use in the City of
Fayetteville.
(A) Definitions. For the purposes of the Article, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Education Channels. Education channels
telecast non-commercial 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
telecast non-commercial programming that is
information about the City and other
governmental entities, government services,
and community life. Government channels
support the City's communications initiatives
by providing television coverage of public
meetings, government programs, and
government activities.
(3) Public Access Channels. Public access
channels telecast non-commercial
programming that is provided by private
individuals. The channel operator exercises no
control over the content of the programming,
provided the programming is not in violation of
the law.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.205; Ord. 4504 07-15-03; Ord. 5478, 1-17-12)
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.
(Ord. No. 3549, 5-21-91; Ord. No.3986, §1,7-16-96; Ord. No.
4219, 2-1-00; Code 1991, §33.206; Ord. 4504 07-15-03; Ord.
5478, 1-17-12)
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.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.207; Ord 4504, 07-15-03; Ord. 5478, 1-17-12)
33.208 Staff Support
The Mayor may designate city employees to assist the
Telecommunications Board in performing its duties and
carrying out its responsibilities under this ordinance.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.208; Ord. 4504, 07-15-03; Ord. 5478, 1-17-12)
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.
(Ord. No. 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219,
2-1-00; Ord. 4504, 07-15-03; Ord. 5478, 1-17-12)
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 tele-
communications facilities and use of public
rights of way for telecommunications
infrastructure;
(3) Use and administration of the City's television
production and telecasting facility, as it is used
for producing or telecasting public access,
educational, or government programming;
(4) Any reports submitted to the City by a PEG
channel operator, a telecommunications
agency, or other entities regarding
telecommunications matters;
(5) Funding for public access, educational, and
government television operations;
(B) The Telecommunications Board shall have the
following duties and responsibilities:
(1) Regularly review the administration of the
City's television production and telecasting
facility;
(2) Regularly review the administration of any
cable television channels or other facilities
designated for public access, educational, or
government television 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 work with City staff to facilitate the
creation of policies regarding programming
content selection, time guidelines for
programming, 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.
(4) Facilitate dispute resolution concerning PEG
channels, including but not limited to
operations or program content.
(5) Track the complaints filed by Fayetteville
residents to ensure that PEG channel
operators are responding to complaints in an
effective and timely manner.
(4) Promote public awareness, use, and
viewership of PEG channels; and,
(5) Promote public awareness of
telecommunications policy issues;
(C) The Telecommunications Board shall have
authority to establish and disseminate such
guidelines and regulations for itself as are
necessary to carry out the duties and
responsibilities set forth in this section.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.210; Ord. 4504, 7-15-03; Ord. 5478, 1-17-12)
33.211-33.225 Reserved
(Ord. No. 3549, 5-21-91; Code 1991, §33.212; Ord. No. 4219,
2-1-00)
RECEIVED
JUN 03 2015
NORTHWEST ARKANSAS CLERK
CITY OF FAYETTEVILLE
CITY 'S OFFICE
Democrat (zdk
P.O. BOX 1607, FAYETTEVILLE, AR, 72702 0 479-442-1700 FAX: 479-695-1118 4 WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance 5774
Was inserted in the Northwest Arkansas Democrat
Gazette on:
May 28, 2015
Publication Charges: 77.82
Cathy Wiles
Subscribed and sworn to before me
This S day oty , 2015.
Notary Public aaa°°�J�ANf��rr'
My Commission Expires: t�� l � ?.. ® •••.,..���;�
• T
pU$CCY
**NOTE** N ; x2401379
Please do not pay from Affidavit. Invoice willbh a 10124 2� ?�`