[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]
The access channel management entity shall have the following functions:
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.
To ensure that the public access community channels are made available to all residents of the City on a non-discriminatory basis.
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.
To devise, establish and administer all rules, regulations and procedures pertaining to the use and scheduling of the public access and community channels.
To prepare, in conjunction with the grantee, such regular or special reports as may be required or desirable.
To hire and supervise staff.
To make all purchases of materials and equipment that may be required.
To develop additional sources of funding, such as foundation or Federal or State grants, to further community programming.
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]
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:
Access on a non-discriminatory basis for all residents of the City.
Prohibition of advertising for commercial or political purposes as defined by the FCC.
Prohibition of any presentation of lottery information or obscene or indecent materials.
Public inspection of the log of producers, which shall be retained by the grantee for a period of two (2) years.
Procedures by which individuals or groups who violate any rule may be prevented from further access to the channel.
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.