The URL can be used to link to this page

Home My WebLink AboutOrdinance 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 That §33.205 through §33.211, Telecommunications Board, is hereby repealed and Exhibit "A," attached hereto and made a part hereof, is enacted in its place.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