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Code of Ordinances Amendment - Title 2 Cable TV Comission DutiesCopyrighted March 16, 2020 City of Dubuque Action Items # 3. ITEM TITLE: Code of Ordinances Amendment - Title 2 Cable TV Commission SUMMARY: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances Title 2 Boards and Commissions Chapter 11 to more accurately reflect the duties of the Cable TV Commission. SUGGESTED DISPOSITION: ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions Chapter 11 Cable Television Commission providing for the powers, operation, membership, and meetings of the Cable Television Commission Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Cable TV Commission Ordinance Amendment-MVM City Manager Memo Memo Staff Memo Staff Memo Ordinance Amendment Ordinance Suggested Motion Wording Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cable TV Commission Ordinance Amendment DATE: March 9, 2020 Dubuque All-A.aia City 111111 2007.2012.2013 2017*2019 Cable TV Coordinator Craig Nowack recommends City Council approval of an amendment to the City of Dubuque Code of Ordinances Title 2 Boards and Commissions Chapter 11 to more accurately reflect the duties of the Cable TV Commission. At their meeting on January 8, 2020, the Cable TV Commissioners discussed the Commission's future. Realizing that the City of Dubuque no longer has any regulatory authority over the local cable provider, and that their main function now is to make recommendations for funding from the Capital Grant for Access Equipment and facilities (the PEG Fund), the Commission is recommending reducing the size of the Commission from seven to five members, thus reducing the number of Commissioners required for a quorum from four to three, in order to make it easier to conduct a meeting. In addition, since the Commission's main purpose is to make recommendations on funding requests, eliminating the requirement to meet once per quarter of the calendar year would eliminate the need to meet when there are no funding requests to consider. The third and final change is to remove from the ordinance language that pertains to oversight of the cable company, since federal and state lawmakers, in conjunction with Federal Communications Commission (FCC) rules, have already done so. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Craig Nowack, Cable TV Coordinator 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Craig Nowack, Cable TV Coordinator DATE: March 6, 2020 RE: Cable TV Commission Ordinance Amendment Dubuque Ali -America City M1MIT)VaLGVX.. I,..M ^ 111111 2007.2012.2013 2017*2019 INTRODUCTION The purpose of this memorandum is to recommend amending the City of Dubuque Code of Ordinances to more accurately reflect the duties of the Cable TV Commission. BACKGROUND At their meeting on January 8, 2020, the Cable TV Commissioners discussed the Commission's future. Realizing that the City of Dubuque no longer has any regulatory authority over the local cable provider, and that their main function now is to make recommendations for funding from the Capital Grant for Access Equipment and Facilities (the PEG Fund), they wondered if some changes to the ordinance under which they operate might be beneficial. First among these changes is reducing the size of the Commission from seven to five members, and thus reducing the number of Commissioners required for a quorum from four to three, in order to make it easier to conduct a meeting. Second, because the Commission's main purpose is to make recommendations on funding requests, eliminating the requirement to meet once per quarter of the calendar year would eliminate the need to meet when there are no funding requests to consider. The third and final change is to remove from the ordinance language that pertains to oversight of the cable company, since federal and state lawmakers, in conjunction with Federal Communications Commission (FCC) rules, have already done so. RECOMMENDED ACTION Senior Counsel Barry Lindahl and I have drafted an amendment to City of Dubuque Code of Ordinances Title 2 Boards and Commissions Chapter 11 to reflect these changes. I respectfully request that you forward this proposed amendment to the City Council to receive, file, and approve. cc: Randy Gehl, Public Information Officer Barry Lindahl, Senior Counsel Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 ORDINANCE NO. 13-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS CHAPTER 11 CABLE TELEVISION COMMISSION PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS OF THE CABLE TELEVISION COMMISSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 11 Cable Television Commission is amended to read as follows: Chapter 11 CABLE TELEVISION COMMISSION 2-11-1: COMMISSION CREATED: There is hereby created the cable television commission. 2-11-2: PURPOSE: The purpose of the commission is: A. To develop, in respect to community programming, policies that will govern: 1. The use and protection of equipment and facilities; 2. The priorities and scheduling for use of channel time; and 3. Other matters pertaining to community programming or cable services in Dubuque which may arise. B. To develop policies and procedures regarding the public community programming channels that will promote its nondiscriminatory, first come, first served and equitable use in conformity with all applicable regulations and requirements and limit such use to residents of Dubuque and their own productions. C. To encourage interest in and development of decidedly local community programming. D. To encourage cooperation and cordial relations between community programmers, cable subscribers, and the local cable manager and the local cable manager's staff. E. To identify and support organizations interested in the channels reserved for public, education, and government programming. F. To advise the following: 1. The city manager or the city manager's designee (collectively "the city manager") on matters relating to community programming; and 2. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities. G. To promulgate and administer through the city manager all policies, rules, and procedures relating to community programming. H. To keep abreast of developments in cable technologies, services, and programming. To evaluate its own proceedings and actions and all community programming and cable related activities. 2-11-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. 2-11-4: PROCEDURES FOR OPERATION: Al! administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-11-5: MEMBERSHIP: A. The commission comprises five (5) residents of the city, appointed by the city council. B. Residents must be eighteen (18) years of age or older. C. Special Qualifications. In its appointments, the city council will endeavor to achieve a broad representation of the community and public interests which can take advantage of dedicated channels to benefit the residents of the city of Dubuque and to develop a commission versed and competent in telecommunication administration, finances, and regulation. The city council will attempt to give preference to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of the city of Dubuque and applicants who possess professional or experiential backgrounds in law, finances, administration, public relations, or telecommunication technologies. 2-11-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-11-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-11-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. 2-11-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-11-10: MEETINGS: A. Meetings. The commission shall meet as needed. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. B. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. C. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. D. Minutes. A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. E. Quorum. Three (3) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2-11-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. 2-11-12: REMOVAL: Except as provided in subsection 2-11-10(D)(1) of this chapter, the city council may remove any commissioner for good cause. 2-11-13: POWERS: The commission shall have the power, duty, and responsibility to assure that cable channels, equipment, and resources dedicated and reserved for community programming are used effectively, efficiently, and economically to afford the community and individuals of the city of Dubuque the opportunity to express opinions and provide information to cable users, and that such programming is characterized by appropriateness, quality, and continuity. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of March 2020. Roy D. Buol, Mayor Attest: Kevir S. Firnstahl, City Crerk EFFECT OF AMENDMENT Chapter 11 CABLE TELEVISION COMMISSION 2-11-1: COMMISSION CREATED: There is hereby created the cable television commission. 2-11-2: PURPOSE: The purpose of the commission is: A. To develop, in respect to community programming and cable regulation, policies that will govern: 1. The use and protection of equipment and facilities; 2. All training programs; 32. The priorities and scheduling for use of channel time; and /I. The daily regulation and administration of the cable franchise; 5. The resolution of subscriber complaints which could not be resolved satisfact ily by the ble manager• and vuira r�ctGt�y-vy-cr r�F.agcr-ar rcr, 63. Other matters pertaining to community programming or cable services in Dubuque which may arise. B. To develop policies and procedures regarding the public community programming channels that will promote its nondiscriminatory, first come, first served and equitable use in conformity with all applicable regulations and requirements and limit such use to residents of Dubuque and their own productions. C. To encourage interest in and development of decidedly local community programming. D. To encourage cooperation and cordial relations between community programmers, cable subscribers, and the local cable manager and the local cable manager's staff. E. To identify and support organizations interested in the channels reserved for public, education, and government programming. F To advise the following: 1 The city manager or the city manager's designee (collectively "the city manager") on matters relating to community programming and the regulation of the cable system; and 2. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities; and. 3. The city council on any matter relating to the cable franchise or system. G. To promulgate and administer through the city manager all policies, rules, and procedures relating to community programming. H. To keep abreast of developments in cable technologies, services, and programming and to become competent in cable regulation, finances, and standards of operation. I. and to monitor the operation of the cable system. J. To consult with the local cable manager -en -the best updating of the cable system, updating funds. 141. To evaluate its own proceedings and actions and all community programming and cable related activities. complaint regarding the user's cable service. 2-11-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. 2-11-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-11-5: MEMBERSHIP: A. The commission comprises coven five (75) residents of the city, appointed by the city council. B. Residents must be eighteen (18) years of age or older. C. Special Qualifications. In its appointments, the city council will endeavor to achieve a broad representation of the community and public interests which can take advantage of dedicated channels to benefit the residents of the City of Dubuque and to develop a commission versed and competent in telecommunication administration, finances, and regulation. The city council will attempt to give preference to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of the City of Dubuque and applicants who possess professional or experiential backgrounds in law, finances, administration, public relations, or telecommunication technologies. 2-11-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-11-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-11-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. 2-11-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-11-10: MEETINGS: A. Regular Meetings. The commission must meet not less than once each quartershall meet as needed. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. GB. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. DC. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. ED. Minutes. A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. FE. Quorum. Feu-rThree (43) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2-11-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. 2-11-12: REMOVAL: Except as provided in subsection 2-11-10(D)(1) of this chapter, the city council may remove any commissioner for good cause. 2-11-13: POWERS: The commission has shall have the following powers, duticsduty, responsibilitic ;responsibility to and A. To assure that cable channels, equipment, and resources dedicated and reserved for community programming are used effectively, efficiently, and economically to afford the community and individuals of the City of Dubuque the opportunity to express opinions and provide information to cable users, and that such programming is characterized by appropriateness, quality, and continuity; and B. To a -pure full compliance with any franchises authorizing cable or video the benefit of the City and its rcsidcnts, that quality and updatcd ccrviccs be delivered throughout the City, and that the public interest be protected in all matters related to the cable services delivery systems. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Renee Pregler, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 20, 2020, and for which the charge is $82.25 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, -'^ this "5 day of Y r n 1,GL /k,, , 20.Q.Q Notary Public fiin and for Dubuque County, Iowa. JANET K. PAPE Commteslon Number 19'9859 Ii y Comm. Exp. DEC 11, 2022 OFFICIAL • PUBLICATION ORDIN/INCE NO 13-20 AMENDING CITY:OF DUBUQUE 'CODE:' OF ORDINANCES' TITLE 2 • BOARDS`--- AND;`coM MISSIONS CHAPTER 11 `CABLE TELEVISION COMMISSION. •PRO• VIDING'''' FOR THE POWERS,,' i 'OP.ERA TION; 'MEMBERSHIP, AND' MEETINGS`' OF THE'CABLE''TELEVI SION COMMISSION'A NOW,iTHEREFORE; BE IT;ORDAINED •BY THE CITY COUNCIL .OF THE CITY OF DUBUQUE IOWA Section i City of Dubuque•Code''of Ordi- nances iTitle>2- Boards and Commissions, Ch'a- pter 11 `,Cable Televi Sion )Commission is 'amended to read ;as follows: <: Chapterll CABLE TELEVISION COMMISSION COMMISSION • CREATED; There is'hereby creat- ed•the"cable iteleVision commission. 2-11=2I PURPOSE: The purpoge'ofLthe commission is: A. To develop,i iri •re- • spect to , community programming policies that will govern:' 1. The' use 'and pro- tection l`of equipment and facilities 2. The riorities and scheduling for Fuse ; of channel'time; and ' 3. 'Other+inatters-per- taining tOMornmun Ity programmii or c ble services fi 1113" (rb Which 'may arise. B. To "develop •poli- cies and proceduresir'e- garding • the r public . nmmllnlr'V nrnnram 'dents of the city, ap- pointed by the city council: B. Residents must . eighteen (18) years of age or older. C, Special "` Quahflca tide's., In its appoint- ments the city council .will endeavor' ,to achieve a broad repre- sentation of' -the com- munity 'and public interests which 'can take advantage of ded- lcated 0harjriels to bdh efit-the residents of the city of,Dubuque and to develop a commission versed and..competent in telecomr'numcatiori adMinistration fi- narlce s, and regulation: TFid city council will at- tempt 'to, give prefer• - ence to appliscants who are actively interested in prom.gting.communi ty;cable programming who possess,, or. , are' Ivi_Iling to -.„'.acquire, video production pack - ground and who Will., relate to tlie,'spectrum . of : informational ,rand culti4ral needs of cable • viev3ers of the city of. ! Dubuque and appli- cants who possess pro- `- fessionai or exper J iential backgrounds, tip, law finances; atlmlrjis--;I tration piitihc rgia tions or: , tnologielecoes.r- rnunicabontech 2'11 6 OATH Earh"personi upon) ap; poihtment or reap ; • ointment `' to' ' the commission,must exe'� cute an oath of office at'the first meetingowof the;oommission foll- �iig the appointment or r`eappomtment or, at the city clerks office , arty timeprior to the first meeting 'et;:the. commiss on 2'11 7 TERMS The term of office' fo"r comrrilssidners is three co(3); years oruntil such mmissioners sijc ce'ssor is ;appointed' and ggahfied.. 2:1118 VACANCIES ; Vacancies` must. be filled in the sarhe man; ner as original appoint- ments.. '' ' 2-11 9 OFFICERS/ OR- GANIZATION: 'The commissioners must chopSe annually a,e.hairpersbi and Vice' irpersoji; each to.. serve a term jot one.;' yearchaThe chairperso7 • must appoint a sec'te tart' who needriotpe a' member of .the ,coin- mission. The commis- sioneis must • fill •a vacancy among its offi= cers'for'm the.realnder of; tile' officers urihx pined term. 241 10 MEETINGS , .; A. Meetings . The commission: shall meet'. as. needed.. Special meetings•``may be , Called': by the Chairper- son or at the written 'requestpf a'rrlatority of the'cdmmI sii r dr . Q. Open.�leetiflbs; AII;,i meeting mt•q be called rleidl itl con-; • formance . ,with '•: the owa IOpen`; Meetings Law ' C. Attendance . a . ateness, quality, and continuity.' ' Section 2. Nothing herein effects'the term',' of any person serving as a commissioner as of the "effective 'date of this Ordinance.`: Section 3, This Ordi- nance ' takes ''effect upon publication. Passed, approved, and adopted the 1 th day of March•,2020. /s/Roy D. Buol, Mayor ,Attest:/s/Kevin S. Firnstahl, City Clerk, Published officially in the Telegraph: Herald newspaper on the 20th day Of March:?020 /s%Kevin S: Firnstahl, City Clerk" 1t 3/2`O —rtuny unanneis rna<<wm 'comnlfSSlofer has beep promote' its• nondis- absent for three,(3) or cnminatory, first come, more consecutive:, first served and equi meetings of; the cbm- table use:in conformity mission without being with all applicable reg excused by'the chair-;_ ulatlons`=and require- person such± absence_ ments and limit such will_ be grounds for the use to 'residents`-'- 01 coin miss ion to recom -� Dubuque and their own riiend to the ,city courrt:i productions cil'that the position..e_t. 0.r To' encourage'. in declared vacant and ,a terest inand develop- replacement;' appoint:; ment of decidedly local ed:' community program 2.` Attendance rnust` mmg. J. entered..upon' the D. iTo, encourage) co minutes of ali meet- operation and cordial ings relations between'oom- D:'Minutes. A copy of, munity >programmers, the minutesof all regu- .cablesubscribers; and 'at and'.special' meet-. the locakkcable manag- ings of the ,commission err and .the local cable mutt be 'filed with, the manageris staff.",city' council Within ten E. To identify- .and (10) workipg,.days after support- .organizations each meeting , or by interested 'in the chap `the rVext' ' regularly nelsr reserved for 'pilb- scheduled city council education, . `and rileeting,`whichever"'is government, program- later mmg E,. Qyorum. Three (3) • F To advise:the fol- con`imissib`ners .con°sti- lowing: tute a quorum for the 1 The''city manager transaction)' 'Or the'scity managers tress. The 'affirmative designee': (collectively vote of • a majority` "Of , the city manager?). on the' i cohlmissioners matters relating to present,'andvoting is community program- necessary for .'the Ming; and adoption retarfy, motion 2. The`city 'council on or resolution: eXpendlture of i'any 2-11-13 QOMPENSA-', funds designated' by a TION: -franchise" for ` '•PEG Commissioners serve equipment and rfediII- without compensation;. ties -" provided that they may; G To promulgate receive reimbursement. >and administerthrough for necessary travel, the city ',Manager all and other 'te>Zjienses"' policies, rules; andpro- :while on official tom- .cedures relating to mission business-with- communityprogramming in'`the 'limits estab N. To keep.abreast:of lished in the city ad- developments ,in .cable mnistrative policies technologies, services, and budget:!'•' and programming • 2-11 12 REMOVAL' I. To evaluate =its Except'as'provrded in .own" proceedingsand subsection `'2-11=10(D) actions+and all comma- '(1) of this chapter,'the nity programming and city' cotincir may .re- cable related activitis, move any commission 2-11-3i.INTERNAL•,OR erforgoodcause GANIZATION . AND 2-1'1 13 POWERS RULE commission may .Ttiisslon shall adopt rulesandreguia- have. tthehe power duty, .and responsibdity fo .tions to. govern its.".or- ,assure that cable chap gan¢ational proc ns, guirrfn; an edures as may 'be'nec- • 'reselourcesep'?deedticatedd` essary "and which -!are and reserved for coni not in conflict with:,this rnunity programming code or the Iowa Code. are used effectively, of 2-11-4:: PROCEDURES ficiently, `and;economi-' FOR OPERATION.., ,!cally* to afford the All administrative comunity "and mdi- personnel, accounting, viduals of tlje city bf l budgetary; and :'pro Dubuque''the''opportu- curement policies of Mt(' express opin-; the city. -govern the ions and "provide—'.. commission in "all its information'` operations users and thtoat cable such 2 11-5:-MEMBERSHIP: programms h A The commission 'acterized by ing' approcprari-.I comprises five: (5) resi-