[CC 1985 §6.5-61; Ord. No. 2651 §4.1, 8-13-1992]
In order to achieve utilization of access channels that is in
the best public interest, it is the intent of the grantor to ensure
that the access and community channels are governed by an appropriate
non-profit entity, such that these channels may be free of censorship,
open to all residents of the City and available for all forms of public
expression, community information and debate of public issues. The
appropriate entity shall be created, chosen or designated within eighteen
(18) months of the award of a franchise and shall have substantially
the form, functions, procedures and support outlined in this Article.
[CC 1985 §6.5-62; Ord. No. 2651 §4.2, 8-13-1992]
A.
The
access channel management entity shall have the following functions:
1.
Exclusive responsibility for program production for and management
of the community access channel and all other channels as may in the
franchise agreement be designated for community-based programming.
Community channels may include government and educational access channels
as designated in the franchise agreement.
2.
To ensure that the public access community channels are made available
to all residents of the City on a non-discriminatory basis.
3.
To ensure that no censorship or control over program content of the
public access and community channel(s) exist, except as necessary
to comply with the prohibition of material that is obscene or the
FCC prohibition of material that contains commercial advertising or
conducts a lottery.
4.
To devise, establish and administer all rules, regulations and procedures
pertaining to the use and scheduling of the public access and community
channels.
5.
To prepare, in conjunction with the grantee, such regular or special
reports as may be required or desirable.
6.
To hire and supervise staff.
7.
To make all purchases of materials and equipment that may be required.
8.
To develop additional sources of funding, such as foundation or Federal
or State grants, to further community programming.
9.
To perform such other functions relevant to the public and community
access channel(s) as may be appropriate.
[CC 1985 §6.5-63; Ord. No. 2651 §4.3, 8-13-1992]
A.
The
access channel management entity shall complete a set of rules for
the use of the access and community channels which shall be promptly
forwarded to the grantor. The rules shall be prepared in cooperation
with the grantee. The rules shall, at a minimum, provide for:
1.
Access on a non-discriminatory basis for all residents of the City.
2.
Prohibition of advertising for commercial or political purposes as
defined by the FCC.
3.
Prohibition of any presentation of lottery information or obscene
or indecent materials.
4.
Public inspection of the log of producers, which shall be retained
by the grantee for a period of two (2) years.
5.
Procedures by which individuals or groups who violate any rule may
be prevented from further access to the channel.
6.
Free use of such reasonable amounts of channel time, facilities and
technical support as are provided for in the rules established hereunder.
[CC 1985 §6.5-64; Ord. No. 2651 §4.4, 8-13-1992]
It is the intent of the grantor that the access channel management
entity obtain partial funding from the grantee to the extent defined
in the franchise agreement.
[CC 1985 §6.5-65; Ord. No. 2651 §4.5, 8-13-1992]
It is the intent of the grantor that the grantee shall provide
ongoing cooperation with and support to the access channel management
entity with the detailed requirements to be specified in the franchise
agreement.
[CC 1985 §6.5-66; Ord. No. 2651 §4.6, 8-13-1992]
The access channel management entity shall provide a report
to the grantor, at least annually or upon request, indicating achievements
in community-based programming and services. The access channel management
entity also shall provide a special report each time the grantee requests
a rate increase, indicating the level and quality of the grantee's
support, during the period elapsed since any previous rate increase
was implemented.
