Loading...
HomeMy WebLinkAbout204-91 RESOLUTION• RESOLUTION NO. 204-91 A RESOLUTION AUTHORIZING THE GOVERNING THE USE OF THE DORMANT "PEG" CHANNELS BY THE CABLE OPERATOR AS APPROVED BY THE CABLE BOARD SEPTEMBER 12, 1991. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby adopts, pursuant to Section 611(d) of the Cable Communications Policy Act of 1984, 47 U.S.C. §531(d), the following regulations concerning use of dormant public, governmental, and educational channnels by Warner Cable Communications, Inc., which serves the City under a franchise agreement approved in Ordinance No. 3413, adopted March 7, 1989. Section 2. Scope. These regulations apply to the three channels designated for public, educational, and governmental use (hereinafter "PEG channels") in Section XVII of the Franchise Agreement. Section 3. Use of PEG Channels. The three channels shall be used only for public access, educational, and governmental purposes. Provided, however, that Warner Cable Communications, Inc. (hereinafter "Warner") may use a PEG channel for delivery of other programming after December 31, 1992, if: (a) Warner has reached the limits of its channel capacity on the cable system installed pursuant to the franchise agreement and thus has no available channel on which to offer the desired programming; (b) Warner has complied with all requirements relating to access specified in the franchise agreement or imposed by law; and (c) a PEG channel is dormant. Section 4. Dormant Channel. A channel is dormant if it has not been used for PEG purposes for twelve consecutive months at any time after December 31, 1992. Furnishing alpha -numeric messages, by means of a character generator or otherwise, is sufficient to constitute use of a channel for purposes of these regulations. Section 5. Application and Approval. Warner shall not use a dormant PEG channel for its own programming without first making application to and receiving approval from the Fayetteville Cable • Television Board (hereinafter "the Cable Board"). Such application shall be made in the form prescribed by the Cable Board. Approval shall be granted if the requirements set forth in these regulations are met, and the Cable Board shall not take into account any other factors, including the nature and content of proposed Warner programming, in considering the application. Approval shall be granted for a period of one year. Prior to the end of this period, or any subsequent renewal period, Warner may make application to continue said use for additional one-year period. The Cable Board shall consider a renewal application in the same manner and under the same standards as an initial application; in evaluating a renewal application, however, the Cable Board shall also consider whether there is a reasonable expectation that the channel will be used for PEG purposes within six months. Section 5. Return of Channel to PEG Use. A dormant channel used by Warner under these regulations shall be returned to PEG use if: (a) the Cable Board, acting pursuant to Section 4, concludes that the requirements set forth in these regulations have not been met; (b) the Cable Board, acting pursuant to Section 4, concludes that there is a reasonable expectation that the channel will be used for PEG purposes within the next six months; or (c) Warner has discontinued its programming on the channel. PASSED AND APPROVED this 5th day of November , 1991. APPROVED �% By :�?Zrca/t Mayor ATTEST: By Use of Dormant PEG Channels by Cable Operates Pursuant to Section 811(d) of the Cable Communications Policy Act of 1984, 47 U.S.C. $ 531(d), the City of Fayetteville hereby adopts the following regulations concerning use of dormant public, governmental, and educational channels by Warner Cable Communications, Inc., which serves the City under a franchise agreement approved in Ordinance No. 3413, adopted March 7, 1989. Seaton 1: Scope. These regulations apply to the three channels designated for public, educational, and governmental use (hereinafter 'PEG channels') in Section XVII of the franchise agreement. Section 2: Use of PEO Channels. The three channels shall be used only for public access, educational, and governmental purposes. Provided, however, that Warner Cable Communications, Inc. (hereinafter 'Warner') may use a PEG channel for delivery of other programming after December 31, 1992, if: (a) Warner has reached the limits of its channel capacity on the cable system installed pursuant to the franchise agreement and thus has no available channel on which to offer the desired programming; (b) Warner has complied with all requirements relating to access specified in the franchise agreement or imposed by law; and (c) a PEG channel is dormant. Section 3: Dormant Channels. A channel is dormant if it has not been used for PEG purposes for twelve consecutive months at any time after December 31, 1992. Furnishing alpha-numeric messages, by means of a character generator or otherwise, is sufficient to constitute use of a channel for purposes of these regulations. Section 4: Application end Approval. Warner shall not use a dormant PEG channel for its own programming without first making application to and receiving approval from the Fayetteville Cable Television Board (hereinafter 'the Board'). Such application shall be mads in the form prescribed by the Board. Approval shall be granted if the requirements set forth in these regulations are met, and the Board shall not take into account any other factors, including the nature and content of proposed Warner programming, in considering the application. Approval shall be granted for a period of one year. Prior to the end of this period, or any subsequent renewal period, Warner may make application to continue said use for an additional one-year period. The Board shall consider a renewal application in the same manner and under the same standards as an initial application, in evaluating a renewal application, howeverthe Board shall also consider whether there is a reasonable expectation that the channel will be used for PEG purposes within six months. Seaton 5: Return of Channel to PEG Use. A dormant channel used by Warner under these regulations shall be returned to PEG use if: (a) the Board, acting pursuant to Section 4, concludes that the requirements set forth in these regulations have not been met; (b) the Board, acting pursuant to Section 4, concludes that there is a reasonable expectation that the channel will be used for PEG purposes within the next six months; or (c) Warner has discontinued its programming on the channel. • CABLE TELEVISION BOARD MEETING September 12, 1991 MEMBERS PRESENT: Sherwood (Woody) Charlton, James (Butch) Coger, Don Deweese, and Hoyt Purvis. OTHERS PRESENT: Shea Crain, Cable Administrator; Marion Orton, Fayetteville Open Channel; Connie Dutton, Center for Continuing Education; Woody Bell, Warner Cable; Katherine Shurlds, and members of the press. The meeting was called to order at 7:00 p.m. 1. Approval of minutes of the August 8, 1991 meeting. The minutes of the August 8, 1991 meeting of the Cable Television Board were approved with no changes. 2. Adoption of Agenda. The agenda for the meeting was accepted as presented. 3. Consideration of Administrative Rules of the Fayetteville Cable Board. The Administrative Rules of the Fayetteville Cable Board were unanimously adopted as written. 4. Consideration of regulations on the use of dormant PEG Channels by the Cable Operator. Shea Crain reviewed the regulations with the Board. The regulations state that if any one of the PEG channels is not used for access programming for twelve consecutive months after December 31, 1992, Warner may apply to the Cable Board for approval to use the channel for other programming. This application can be made only if Warner has reached the limits of its channel capacity on the system, has complied with all the requirements for access specified in the franchise agreement, and a PEG channel is dormant. A PEG channel is considered dormant if it has not been used for access purposes for twelve months after December 31, 1992. Crain stated that she felt the December 31, 1993 deadline for use of the PEG channels gave sufficient time to get the channels activated. Butch Coger pointed out the number of channels which are not presently being used leaves Warner plenty of room to expand before they would look to the PEG channels, if they remain dormant. Hoyt Purvis mentioned that this draft document was written and past on the Cable Board from the Ad Hoc Committee on Cable Television. Butch Coger made a motion to accept the draft resolution. Seconded by Woody Charlton. Passed unanimously. The regulations will be referred to the City Board for approval. 5. Consideration of the FCC regulations pertaining to "effective competition." Shea Crain reported that she had spoken by phone with the Mass Media Bureau, Policy and Rules Division of the FCC 1