HomeMy WebLinkAboutORDINANCE 6153113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6153
File Number: 2019-0070
AMEND ARTICLE IX TELECOMMUNICATIONS BOARD:
AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER 33
DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO
CHANGE THE NAME TO PEG ADVISORY BOARD, REDUCE THE NUMBER OF MEMBERS,
AND REFOCUS THE PURPOSE AND INTENT OF THE BOARD TO ADVISING THE CITY COUNCIL
ON ISSUES RELATED TO THE CITY'S PUBLIC ACCESS, EDUCATIONAL, AND GOVERNMENT
(PEG) CHANNELS
WHEREAS, because of the evolving law in the areas of telecommunication and digital access City staff
recommends refocusing and narrowing the Telecommunications Board's advisory role to the City's public
access, educational, and government (PEG) channels.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the title of Article IX
from "Telecommunications Board" to "PEG Advisory Board" and amends each instance of
"Telecommunications Board" that appears in Article IX to "PEG Advisory Board."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the first paragraph of
§33.205 Purpose and Intent and enacts a replacement paragraph as follows:
"It is the purpose and intent of the City Council of the City of Fayetteville to define the scope of the
PEG Advisory Board to advise the City Council on issues related to public access, educational, and
government (PEG) television use in the City of Fayetteville."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.206 Composition
and enacts a replacement § 33.206 as follows:
"The Fayetteville PEG Advisory Board shall consist of five members appointed by the City Council.
Members should have experience in one or more of the following areas: television; television content
development; television network infrastructure management and public policy development; or other
Ordinance Number: 6153
File Number: 2019-0070
appropriate expertise. All members shall serve staggered four-year terms. Members with terms expiring in
2019 shall continue to serve until the end of their terms but those positions shall not thereafter be filled."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence of
subsection (A) in §33.209 Procedures by reducing the quorum requirement from four to three so that it reads
as follows: "Three members shall constitute a quorum."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.210 Duties
and enacts a replacement § 33.210 as follows:
"(A) The PEG Advisory Board shall advise the City Council and City Administration on issues related
to the local access (PEG) channels, including but not limited to the following:
(1) Use of cable TV channels designated for public access, educational, and governmental (PEG)
use;
(2) Use of the City's television production and telecasting facility, as it is used for producing or
telecasting public access, educational, or government programming;
(3) Any reports submitted to the City by a PEG channel operator;
(4) Funding for public access, educational, and government television operations;
(B) The PEG Advisory Board shall have the following duties and responsibilities:
(1) Review the administration of the City's television production and telecasting facility;
(2) 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 PEG Advisory Board shall
ensure contract compliance. Whether administered by the City or contracted, the PEG Advisory
Board shall advise City staff on policies regarding programming content selection, viewer and
facility user complaint/feedback practices, and other such policies regarding the use of the
channels.
(3) Ensure that PEG channel operators are providing effective and timely customer service;
(4) Promote public awareness, use, and viewership of PEG channels;
(C) The PEG Advisory 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."
PASSED and APPROVED on 2/5/2019
Approved:
Attest:
UV—) _t111111111to,
Lisa Branson, Deputy City Cler.'�Gl.,. • •. T4f�
JY
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
f (479) 575-8323
Text File
;r.
File Number: 2019-0070
Agenda Date: 2/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 12
AMEND ARTICLE IX TELECOMMUNICATIONS BOARD:
AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER
33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO
CHANGE THE NAME TO PEG ADVISORY BOARD, REDUCE THE NUMBER OF MEMBERS, AND
REFOCUS THE PURPOSE AND INTENT OF THE BOARD TO ADVISING THE CITY COUNCIL
ON ISSUES RELATED TO THE CITY'S PUBLIC ACCESS, EDUCATIONAL, AND GOVERNMENT
(PEG) CHANNELS
WHEREAS, because of the evolving law in the areas of telecommunication and digital access City staff
recommends refocusing and narrowing the Telecommunications Board's advisory role to the City's public
access, educational, and government (PEG) channels.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the title of Article IX
from "Telecommunications Board" to "PEG Advisory Board" and amends each instance of
"Telecommunications Board" that appears in Article IX to "PEG Advisory Board."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the first paragraph of
§33.205 Purpose and Intent and enacts a replacement paragraph as follows:
"It is the purpose and intent of the City Council of the City of Fayetteville to define the scope of the PEG
Advisory Board to advise the City Council on issues related to public access, educational, and government
(PEG) television use in the City of Fayetteville."
Section 3.: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.206 Composition
and enacts a replacement § 33.206 as follows:
"The Fayetteville PEG Advisory Board shall consist of five members appointed by the City Council. Members
should have experience in one or more of the following areas: television; television content development;
television network infrastructure management and public policy development; or other appropriate expertise.
All members shall serve staggered four-year terms. Members with terms expiring in 2019 shall continue to
City of Fayetteville, Arkansas Page 1 Printed on 2/7/2019
File Number: 2019-0070
serve until the end of their terms but those positions shall not thereafter be filled."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence of
subsection (A) in §33.209 Procedures by reducing the quorum requirement from four to three so that it reads
as follows: "Three members shall constitute a quorum."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.210 Duties and
enacts a replacement § 33.210 as follows:
"(A) The PEG Advisory Board shall advise the City Council and City Administration on issues related to the
local access (PEG) channels, including but not limited to the following:
(1) Use of cable TV channels designated for public access, educational, and governmental (PEG)
use;
(2) Use of the City's television production and telecasting facility, as it is used for producing or
telecasting public access, educational, or government programming;
(3) Any reports submitted to the City by a PEG channel operator;
(4) Funding for public access, educational, and government television operations;
(B) The PEG Advisory Board shall have the following duties and responsibilities:
(1) Review the administration of the City's television production and telecasting facility;
(2) 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 PEG Advisory Board shall ensure contract compliance.
Whether administered by the City or contracted, the PEG Advisory Board shall advise City staff on
policies regarding programming content selection, viewer and facility user complaint/feedback practices,
and other such policies regarding the use of the channels.
(3) Ensure that PEG channel operators are providing effective and timely customer service;
(4) Promote public awareness, use, and viewership of PEG channels;
(C) The PEG Advisory 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."
City of Fayetteville, Arkansas Page 2 Printed on 2/7/2019
City of Fayetteville Staff Review Form
2019-0070
Legistar File ID
2/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Doug Bankston 1/18/2019 MEDIA SERVICES (060)
Submitted By Submitted Date Division,/ Department
Action Recommendation:
To Amend Article IX Telecommunications Board in Chapter 33 Departments, Boards, Commissions, And Authorities
of the City Code to Change the Name to PEG Advisory Board, Reduce the Number of Members, and Refocus the
Purpose and Intent of the Board to Advising the City Council on Issues Related to the City's Public Access,
Educational, and Government Channels
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 5, 2019
TO: Mayor and City Council
THRU: Susan Norton, Communications Director
Don Marr, Chief of Staff
FROM: Doug Bankston, Media Services Director
DATE: January 17, 2019
CITY COUNCIL MEMO
SUBJECT: To Amend Article IX Telecommunications Board in Chapter 33 Departments,
Boards, Commissions, And Authorities of the City Code to Change the Name to PEG Advisory
Board, Reduce the Number of Members, and Refocus the Purpose and Intent of the Board to
Advising the City Council on Issues Related to the City's Public Access, Educational, and
Government Channels
RECOMMENDATION:
Because the State of Arkansas has oversight of cable franchising, staff recommends changing
the purpose and intent and the name of the Telecommunications Board to the PEG Advisory
Board to better serve its purpose of advising City Council on issues related to local access
channels usage for the City.
BACKGROUND:
Though the City had voiced its opposition, in 2013, the State of Arkansas passed state oversight
of cable franchising, which when placed into effect in June 2015, removed that oversight from
the hands of local municipalities. As a result, this act removed some of the primary duties of the
Telecommunications Board.
DISCUSSION:
Nearly all responsibility laid out in the current Telecommunications Board Article IX relates to
matters concerning PEG—the access channels of public access, education and government—
issues and operation. Since local cable franchising and associated rights-of-way oversight was
removed by the State, the Telecommunications Board in its current form has had little to do
concerning actual telecommunications and associated rights-of-way issues. The only recent
telecommunications rights-of-way issue that has been contemplated was the City
Council passage of the Ordinance for Siting Small Cell Facilities. Siting small cells is
purely an administrative function and any oversight by a third -party board would prevent
the purpose of the ordinance, which is for streamlining the process. Without a role to
play in the realm of telecommunications rights-of-way, and with the new emphasis for
PEG access channel growth, especially in the use of the new Education Channel, the
Telecommunications Board will become known as the PEG Advisory Board. Board membership
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
will be reduced from seven to five members. Article IX will be restructured for the PEG Advisory
Board to serve the needs of the PEG local access operation in an advisory capacity on a
quarterly basis.
BUDGET/STAFF IMPACT:
No budget or staff impact.
Attachments:
SRF, PEG Advisory Board Article IX
ARTICLE IX
PEG ADVISORY BOARD
33.205 Purpose And Intent
jt is the purpose and intent of the City
Council of the City of Fayetteville to define
the scope of the PEG Advisory Board to
advise the City Council on issues related to
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) Public Access Channels. Public access
channels telecast non-commercial
programming that is provided by private
individuals or nonprofit organizations. The
channel operator exercises no control over
the content of the programming, provided
the programming is not in violation of the
law.
(2) 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.
(3) 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.
(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 PEG Advisory Board shall
consist of five members appointed by the
City Council. Members should have
experience in one or more of the following
areas: television; television content
development; television network
infrastructure management and public
policy development; or other appropriate
expertise. All members shall serve
staggered four-year terms.
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(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 PEG Advisory 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 PEG Advisory Board may elect
such additional officers and establish any
committees as It deems necessary for the
proper performance of its duties.
i Formatted: Highlight
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Formatted: Highlight
Formatted: Highlight
(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 . PEG Advisory 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 PEG Advisory Board shall meet
at least once every quarter and may meet
more frequently if necessary to carry out its
duties. Three members shall constitute a
quorum.
(B) The PEG Advisory Board may
establish rules and regulations governing its
procedures.
(C) The PEG Advisory Board's meetings
and records shall be subject to the
provisions of the Arkansas Freedom of
Information Act, A.C.A. § 25-19-101 etseq.
(D) The PEG Advisory 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 PEG Advisory Board shall advise the
City Council and City Administration on
issues related to the local access (PEG)
channels, including but not limited to the
following:
(1) Use of cable TV channels designated
for public access, educational, and
governmental (PEG) use;
(2) Use of the City's television
production and telecasting facility, as itis
used for producing or telecasting public
access, educational, or government
programming;
(4) Any reports submitted to the City by
a PEG channel operator;
(5) Funding for public access,
educational, and government television
operations;
(B) The PEG Advisory Board shall have the
following duties and responsibilities:
(1) Review the administration of the
City's television production and
telecasting facility;
(2) 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 PEG Advisory Board shall ensure
contract compliance. Whether
administered by the City or
contracted, the PEG Advisory Board
shall advise City staff on policies
regarding programming content
selection, viewer and facility user
complaint/feedback practices; and
other such policies regarding the use
of the channels.
Formatted: Highlight
L Formatted: Highlight_
Formatted: Highlight
? Formatted: Highlight E
Formatted: Highlight
Formatted: Highlight _ I
Formatted: Highlight
(3) Ensure that PEG channel operators
are providing effective and timely
customer service;
(4) Promote public awareness, use, and
viewership of PEG channels;
(C) The PEG Advisory 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
NORTHWEST ARKANSAS MAR 0 4 2019
Democrat ' F_ One& CITY
CI YO FAY S TEVIIL E
AFFIDAVIT OF PUBLICATION
Cathy Staggs, do solemnly swear that I am the Accounting Manager 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
Ord. 6153
Was inserted in the Regular Edition on:
February 21, 2019
Publication Charges $ 262.60
Cathy St*S--
t
Subscribed and sworn to before me
This -2-? day of Aa/ , 2019.
Notary Public
My Commission Expires:�j{y,
5�l1i0G (.0'11l(jr
iuia,,v Public - C0I-il 1^397 i 18
;.iy Gomrnssion Expi es Fab 20, 202,!
**NOTE** Please do not pay from Affidavit Invoice
will be sent.
Ordinance: 6153
File Number: 2019-0070
AMEND ARTICLE IX
TELECOMMUNICATIONS
BOARD:
AN ORDINANCE TO AMEND
ARTICLE IX
TELECOMMUNICATIONS
BOARD IN CHAPTER 33
DEPARTMENTS, BOARDS,
COMMISSIONS, AND
AUTHORITIES OF THE CITY
CODE TO CHANGE THE
NAME TO PEG ADVISORY
BOARD, REDUCE THE
NUMBER OF MEMBERS,
AND REFOCUS ]'HE
PURPOSE AND INTENT OF
THE BOARD TO ADVISING
THE CITY COUNCIL ON
ISSUES RELATED TO THE
CITY's PUBLIC ACCESS,
EDUCATIONAL, AND
GOVERNMENT (PEG)
CHANNELS
WHEREAS, because of the
evolving law in the areas of
telecommunication and digital
access City staffrecommends
refocusing and narrowing the
Telecommunications Board's
advisory role to the City's public
access, educational, and
government (PEG) channels
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council
of the City of Fayetteville,
Arkansas hereby amends the title
of Article IX From
"Telecommunications Board" to
"PEG Advisory Board" and
amends each instance of
"Telecommunications Board"
that appears in Arlicle IX to
"PEG Advisory Board."
Section 2: That the City Council
of the City of Fayclleville,
Arkansas hereby repeals the first
paragraph of§33.205 Purpose
and Intent and enacts a
replacement paragraph as
follows:
"It is the propose and intent of
the City Council of' [lie Cily of
Fayetteville to define the scope
of the PEG Advisory Board to
advise the City Council on
issues related to public access,
educational, and government
(PEG) Iclevision use in the City
of Fayetteville "
Section 3: Thal the City Council
of the City of Fayetteville,
Arkansas hereby repeals §
33,206 Composition and enacts a
replacement § 33.206 as follows:
"The Fayetteville PEG Advisory
Board shall consist of five
members appointed by the City
Council. Members should have
experience in one or more of the
following areas: television;
television content development;
television network infrastructure
management and public policy
development; or other
appropriate expertise. All members
shall serve staggered four-year
leans. Members with teens
expiring in 2019 shall continue to
serve until the end of Ihcir teens
but those positions shall not
thereafter be filled."
Section 4: That the City Council of
file City of Fayetteville, Arkansas
hereby amends the last sentence of
subsection (A) in §33,209
Procedures by reducing the quorum
requirement from four to three so
that it reads as follows: "Three
members shall constitute a
quorum."
Section 5: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals § 33.210 Duties and
enacts a replacement § 33.210 as
follows:
"(A) The PEG Advisory Board
shall advise the City Council and
City Administration on issues
related to the local access (PEG)
channels, including but not limited
to the following:
(1) Use ofcableTV
channels designated for public
access, educational, and
governmental (PEG) use;
(2) Use of the City's
television production and
telecasting facility, as it is used f'or
producing or telecasting public
access, educational, or government
programming;
(3) Any reports submitted
to the City by a PEG channel
operator;
(4) Funding for public
access, educational, and
government television operations;
(B) The PEG Advisory Board shall
have the following dutics and
responsibilities:
(1) Review the
adminislralion of the City's
Iclevision production and
telecasting Iacilily;
(2) Review the
adminislralion of any cable
television channels or other
facilities designated ]or public
access, educational, or government
television use, unless the Cily
Council enters into a contract with
another entity or inslilution for such
adminislralion. If the City enters into
a contract with anolher entity for
administralion ofa PEG channel, the
PEG Advisory Board shall ensure
contract compliance. Whether
administered by the City or
contracted, the PEG Advisory Board
shall advise City staffon policies
regarding programming content
selection, viewer and facility user
complaint/feedback practices, and
other such policies regarding the use
of the channels.
(3) Ensure that PEG
channel operators are providing
effective and timely customer
service;
(4) Promote public
awareness, use, and viewership of
PEG channels;
(C) The PEG Advisory Board shall
have authority to establish and
disseminate such guidelines and
regulations for itself as are necessary
to cant' out the dutics and
responsibilities set forth in this
section."
PASSED and APPROVED on
2/5/2019
Approved:
Lioneld B. Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
74844927 Feb. 21, 2019