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Cable Commission ProposalMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cable Commission Proposal DATE: January 25, 2012 Dubuque bierd All-America City 1 2007 The Cable TV Coordinator, Craig Nowack and the Cable Commissions are recommending retiring the Cable Tele- Programming Commission and the Cable Regulatory Commission and combining their duties into a single new entity, the Cable TV Commission. The City of Dubuque's two cable television - related commissions were created to advise the City Council on important considerations of the community regarding cable television service. The primary duties of the Regulatory Commission pertain to matters related to the cable television franchise and the system by which cable signals are delivered to local residents. The Tele- Programming Commission was created to assure that resources reserved for community programming are best used to allow local individuals and organizations to express opinions and provide information to cable users. Since 1976 much has changed in cable television. Local regulatory authority has been virtually eliminated through federal and state legislation. A 2007 state law eliminates the need for cable and video providers to negotiate municipal franchises with local communities. Inexpensive video equipment and software makes it extremely easy to produce videos. Internet sites like YouTube allow video to be accessible to anyone in the world with an Internet connection. At separate meetings on January 11, 2012, each commission met and considered the new ordinance. Each commission approved the ordinance unanimously and recommended that the City Council proceed with the cable commission restructuring. I concur with the recommendation and respectfully request Mayor and City Council approval and that publication of the new ordinance be delayed until the Council has had time to review applications and appoint members to the new commission. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Randy Gehl, Public Information Officer Maureen Quann, Assistant City Attorney Kevin S. Firnstahl, City Clerk 2 Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Craig Nowack, Cable TV Coordinator DATE January 24, 2012 SUBJECT Cable Commission Proposal Dubuque had NI- America City 'I 1 1 I' 2007 INTRO D UCTION The purpose of this memorandum is to recommend retiring the Cable Tele- Programming Commission and the Cable Regulatory Commission and combining their duties in a single new entity, the Cable TV Commission BACKGROUND The City of Dubuque's two cable television- related commissions were created by at least 1976 to advise the City Council on important considerations of the community regarding cable television service The primary duties of the Regulatory Commission pertain to matters related to the cable television franchise and the system by which cable signals are delivered to local residents The Tele- Programming Commission was created to assure that resources reserved for community programming are best used to allow local individuals and organizations to express opinions and provide information to cable users Since 1976 much has changed in cable television Local regulatory authority has been virtually eliminated through federal and state legislation A2007 state law eliminates the need for cable and video providers to negotiate municipal franchises with local communities Inexpensive video equipment and software makes it extremely easy to produce videos Internet sites like YouTube allow one's video to be accessible to anyone in the world with an Internet connection The Cable Tele- Programming Commission consists of seven members, the Regulatory Commission consists of five In the past six years, it has been difficult to fill the commissions, and meetings have occasionally been canceled due to lack of a quorum DISCUSSION I propose retiring the existing two commissions and combining their duties into a single entity known as the Cable TV Commission I have worked with the City Attorney's Office to draft a new ordinance for such a commission At separate meetings on January 11,2012, each commission met and considered the new ordinance Each commission approved the ordinance and unanimously and recommended that the City Council proceed with the cable commission restructuring PROJECT COST - BUDGET IMPACT I respectfully request that the attached ordinance be forwarded to the City Council to receive, file, and approve Furthermore, I recommend that publication of the new ordinance be delayed until the Council has had time to review applications and appoint members to the new commission cc Randy Gehl, Public Information Officer Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney Kevin S Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 5 -12 REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS OF WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE B COMMUNITY TELE- PROGRAMMING COMMISSION AND ARTICLE C CABLE REGULATORY COMMISSION AND ADOPTING TITLE 2 BOARDS AND COMMISSIONS, ARTICLE 11 CABLE TELEVISION COMMISSION ESTABLISHING THE CABLE TELEVISION COMMISSION Whereas, City of Dubuque Code of Ordinances Title 11, Article 3B provides for the Community Tele- Programming Commission; and Whereas, Title 11, Article 3C provides for the Cable Regulatory Commission; and Whereas, the city council finds that it is in the best interest of the City of Dubuque to merge the two previously established commissions to form one commission to be known as 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 Articles 11 -3B and 11 -3C of are repealed. Section 2. The following new Title 2, Article 11 is hereby adopted: ARTICLE 11 CABLE TELEVISION COMMISSION 2 -11 -1. Commission Created. There is hereby created a Cable Television Commission. 2 -11 -2. Purpose. The purposes of the Commission are as follows: 1. To develop, in respect to community programming and cable regulation, policies that will govern: a. The use and protection of equipment and facilities; b. All training programs; c. The priorities and scheduling for use of channel time; d. The daily regulation and administration of the cable franchise; e. The resolution of subscriber complaints which could not be resolved satisfactorily by the cable manager; and, f. Other matters pertaining to community programming or cable services in Dubuque which may arise. 2. 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. 3. To encourage interest in and development of decidedly local community programming. 4. To encourage cooperation and cordial relations between community programmers, cable subscribers, and the local cable manager and the local cable manager's staff. 5. To identify and support organization of subcommunities to be responsible for the channels reserved for public, education, and government programming. 6. To advise the following: a. 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; b. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities; and, c. The city council on any matter relating to the cable franchise or system. 7. To promulgate and administer through the city manager all policies, rules, and procedures relating to community programming. 8. To keep abreast of developments in cable technologies, services, and programming and to become competent in cable regulation, finances, and standards of operation. 9. To act through the city manager as the local regulatory agent of the cable franchise and to monitor the operation of the cable system. 10. To consult with the local cable manager on the best updating of the cable system, services, and programming and to advise the city council on expending the updating funds. 11. To evaluate its own proceedings and actions and all community programming and cable related activities. 12. To provide any cable user in Dubuque the opportunity to voice a 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 city or state 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. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. The mayor must publish notice of the names of persons selected for appointment no less than thirty (30) days prior to a vote by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. a. In its appointments, the city council will endeavor to achieve a broad representation of the subcommunities and public interests which can take advantage of dedicated channels to benefit the residents 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 Dubuque and applicants who possess professional or experiential backgrounds in law, finances, administration, public relations, or telecommunication technologies. b. Members of the Commission who represent subcommunities utilizing dedicated channels are not be deemed to have a conflict of interest in the use of the equipment and facilities provided for that purpose solely because of their membership on the Commission. 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 or within ten (10) days following the first meeting of the Commission. 2 -11 -7. Term. The term of office for commissioners is three (3) years. 2 -11 -8. Vacancies. Vacancies caused by death, resignation, or otherwise must be promptly filled by the city council for the unexpired term of office. 2 -11 -9. Officers /Organization. The Commission must choose annually, at the first meeting of each calendar year, from its own members, a chairperson and vice chairperson, each to serve a term of one (1) year. The Commission must fill vacancies among its officers for the remainder of the unexpired term. 2- 11 -10. Meetings. 1. Regular Meetings. The Commission must meet not less than once each quarter. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. 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. b. Attendance must be entered in the meeting minutes. 5. 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 the next Commission meeting. 6. Quorum. Four (4) members of the Commission 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. The city council may remove any commissioner as provided in the Iowa Code. 2- 11 -13. Powers. The Commission has the following powers, duties, and responsibilities: 1. To assure that cable channels, equipment, and resources dedicated and reserved for community programming are used effectively, efficiently, and economically to afford subcommunities and individuals 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, 2. To assure full compliance with any franchises authorizing cable or video service in the City, that the franchises be interpreted and applied to the benefit of the City and its residents, that quality and updated services be delivered throughout the City, and that the public interest be protected in all matters related to the cable services delivery systems. Section 3. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of February 2012. Attest: Roy D. uol, Mayor OFFICIAL PUBLICATION • ORDINANCE NO.542 'REPEALING .CLEY..OF DUBUQUE CODE '0 ORDINANCES ..' 11 RIGHTS 'OF• CHAPTER 3,. TELEVISION, AWIECLE B COMMUNITY TELE PROGRAMMINGCOM- MISSION AND ' ARTICLE C CABLE REGULATORY MISSION ANDADOP- ING TITLE 2 BOARDS, AND COMMISSIONS, ARTICLE 11 .CABLE TELEVISION M' • MISSION ESTABLtSI'i:- ING THE CABLE TELE- VISION COMMISSION Whereas, City of Dubuque Code of Ordinances Title 11, Article 3B provides for the Community Tele- Programming Commis- sion; and Whereas, Title 11, Article 3C provides for the Cable Regulatory Commission; and . Whereas, the city council finds that it is in the best interest of. the City of Dubuque to merge the two previously established commissions to form one commission to be known as 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 Articles 11- 3B and 11 -3C of are repealed. ' Section 2. The following new Title 2, Article 11 is hereby adopted: ARTICLE 11 CABLE TELEVISION COMMISSION 2 -11 -1. Commission Created. There is hereby created a Cable Television Commission. 2 -11 -2. Purpose. The purposes of the Commission are - as follows: 1. To develop, in respect to- community programming and cable regulation, poli- cies that will govern: a.. The use and protection of equip- ment and facilities; b. • All training programs; c.' The priorities and scheduling for use of channel time;. - d.The iai y regufon city or state code. 1. Regular Meetings. and- administration of 2 -11-4. Procedures for The Commission must the cable franchise; Operation. All ;admin. meet , not less than e. The resolution of istrative, personnel, go - ch uarte , ,, subscriber complaints accounting budgetary, -. 1.7 ''7yle i which co ., pot be `• and procurement - trri ,i etlflg th resolved s ctorily ,policies- of th; f4'city be 'called:, by by the cable manager, govern the C risis r j dba egsoR^ or at';t e and, sion . in al its .*f f "requeet of ''`L° f. Other matters 'operations. -majority of „the pertaining to , corn, ' 2 -11 -5. Membership. �,.ceirrmissioners. - - munity programming 1. The Commission ++P:Open Meetings 4li or cable services in consists. of seven (7) , yieetings - must ^'be Dubuque which may residents of the city, called and held in arise. appointed. -. y the city conformance with the 2. To develop policies council. The mayor ioi is Open Meetings and pJroeedures ", mutt .publish notice of taw.: regarding the ;pub "c ?fie names, of persons ':4: Attendance. community progra 'selected,. ,appoint- a n tt-ie ,event ,a rrtl g chamois that uvf 'tnent ny 'foss "+_`.than comr er ' ", has promote its 'nondi's- 'thirty •(30fi_aays,pr`rorto been absent for three, crim;inatory,, first come,, a votee�, :by the 6 city (3,) oar morel_ con- „ first, sekvred ant council, secutiare r eeti gs off equitable use i•n 2. Residents must be theCommission, with - conformity With all eighteen (18) years of out being excused by applicable regulations ageorolder the chairperson, such and require nts agld� u3. Special Qku ft • e will be lim t suck:, ¢Boris iN for, residents al i .t e. In its;,, aApointm- ssios to rac m and ' their a �n the city councir MI men "to the city productions. endeavor to achieve a council that the 3. To encourage•inter- broad representation position be declared est in and development -of the su gor mn.. nifies • . ,n+ and a re- of decidedly locai'cbre- and ' Public .4' ii ter pl cerpe appoiintt��e��d; . munity:prog which can ' ., ed', • b. ";'ion hirust 4. To encourage' p- ' advantage of sdedi • be .' ;entg[ed - in ; the eration • and cordial„ ;,sated channels to meeting" "minutes. relations betvfeerrwcom- benefit the residents of. :; Minutes: A copy of munnity prog fg'' Dubuque ar,>d,• to minutes , of all cable subscrib and .develop a Cornrnission re lar and special the local cable versed. and competent Meetings of the manager and the local in telecommunication Commission must be cable manager's staff. administration, finan- filed with - the city 5. To identify • and ces, . and regulation. council within, ten (10) support ' rgaiiit tion,of, ' The city council- Wilk'''uoer1Gng,,days, after the subco "puuiiiiitiass to be, attempt • to 'g'i' e . next = - Comifissioni >= fok. , tl1,e• ,preference 40 - appli- meeting. - annels reseired for' -cants who are actisely 6. Quorum. Four (4) public, :education, and "interested in . pro- members of the igpf�errnment ion-, meting community, Commission constitute r'ainm ng. cable programming a ' quorum for the '6: 7,b advise the who possess, or are r transa on - of busi- following: •, • willing to ; acquire, • ness.• The affirmative a. The.city manager or video production back- vote of a majority of the city manager's ground, and who will the commissioners designee (collectjvely, "relate to the spectrum present and voting is "tlte city manager on '' of informational and necessary for the matters relating, to cultural needs of cable adoption of any motion 'cprnarriui ty program- viewers o • Dubuque or resolution. ming and the regu- and applicants who 2- 11 -11. Compensa- latio:n of the cable possess,professional or tion. Commissioners system' experiential - back - ` serve without compen- I 'Th�.city council on grounds in lava;,' ' sation, provided that expenditure of any finances, administra- they may receive funds designated by a 'tion, public relations, reimpursement for franchise for PEG' or telecommunication necessary travel and equipment and facil- technologies.. other expenses while ities; and, b. Members of the on official Commission c The city council on Commission who repre- business within the any matter relating to sent subcoMmunities limits established - in the cable franchise or utilizing dedicated the -city administrative system. channels are not be policies and budget. 7. To promulgate and deemed to havv,e a 2- 11 -12. RemoVal. The administer through the conflict of. interest„ in city council may oity manager all the use of the remove any commis - policies, rules, and equipment and facili- sioner as provided in procedures relating to ties provided for. that the Iowa Code. community program- purpose solely because 2- 11 -13. Powers. The ming. of their membership. on Commission has the 8. To keep abreast of the Commission. following powers, developments in cable 2 -11 -6. Oath. Each duties, and respon- technologies, services, person, upon appoint- sibilities: and programming' and ment or reappointment 1. To assure that to become competent to the Commission, cable channels, equip - in cable regulation, must execute an oath ment, and resources finances, and stand- of office at the first dedicated and re- ards of operation. meeting of the served for community 9. To act through the Commission following programming are used city manager as the the appointment or effectively, efficiently, . local regulatory agent reappointment or at and economically to of the cable franchise the city clerk's office afford subcommunities and to monitor -the any time prior to or and individuals of operation of the cable within ten (10) days Dubuque the oppor- system. following the first tunity to express 10. To consult with meeting of the opinions affd provide the local cable Commission. information to cable manager on the best 2 -11 -7. Term. The users, and that such updating of the cable term of office for programming is char - system, services, and commissioners is three acterized by ,appro- programming and - to (3) years. priateness, quality, and advise the city council 2 -11 -8. Vacancies. continuity; and, on expending the Vacancies caused by 2. To assure full updating funds. death, resignation, or compliance with any 11. To evaluate its otherwise must be franchises authorizing own proceedings and promptly filled by the cable or video service actions- and all com- city council for the in the City, that the munity programming unexpired term of franchises be inter - and cable related office. preted and applied to activities. 2-11-9. Officers/Organ the benefit of the City 12. To provide any ization. The Commis- and its residents, that cable user in Dubuque sion must choose - quality and ' updated the opportunity to annually, at the first services be delivered voice a complaint meeting of each throughout the City, regarding the user's calendar year, from its and that the public cable service. own members, - a interest be protected in 2 -11 -3. Internal chairperson and vice all matters related to Organization and chairperson, each to the cable services Rules. The Commission serve a term of one (1) delivery systems. may adopt rules and year. The Commission Section 3. This Ordi- regulations to govern must fill vacancies nance shall take effect its _ organizational among its officers for upon publication. procedures as may be the remainder of the Passed, approved, necessary and which unexpired term. and adopted this 6th are not in conflict with 2- 11 -10. Meetings. day of February 2012. /s /Roy D. Buol, Mayor Attest /.s /Kevin S. Firnstahl, City Clerk Pubshg .pt icially in t e ,'[tL'aie , Herald. wspap "e . e 9th day of Ma'Ych 2012. is/Kevin5. Firnstahl, . City Clerk Xt.3/9 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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 02 & 09, 2012, and for which the charge is $95.84. 'Are- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this d97 day of 20/2. . Notary Public in and for Dubuque County, Iowa. MARY K. WEST tR,' P- F, ..