§ 114.19  REGULATORY ENTITY.
   (A)   Regulation. The Board of Commissioners reserves the option to designate a regulatory commission to promote and develop access to the CATV system. Membership, term and functions of that commission shall be established by resolution when the Board of Commissioners chooses to exercise the option. In the absence of a regulatory commission, the Board of Commissioners requires the Mayor’s performance of the following functions:
      (1)   Advise the Board of Commissioners on application for franchises, unless the Board of Commissioners shall otherwise provide for the handling of this function;
      (2)   Advise the Board of Commissioners on matters which might constitute grounds for revocation of the franchise in accordance with this chapter;
      (3)   Resolve disagreements among the franchisees, subscribers and public and private users of the system; such decisions of the Mayor shall be appealable to the Board of Commissioners;
      (4)   Advise the Board of Commissioners on the regulation of rates in accordance with this chapter. The advisory function shall be in the form of a written report to the Board of Commissioners, which shall include recommendations to the Board of Commissioners and the facts upon which the recommendations are based;
      (5)   Coordinate the franchisee and town activities for the best use of public facilities and channels of the system;
      (6)   Advise the Board of Commissioners regarding general policy relating to the services provided to subscribers and the operation and use of public channels, with a view to maximizing the diversity of programs and services to subscribers. The use of public channels shall be allocated on a first come, first served basis, subject to limitations on monopolization of system time or prime time;
      (7)   Require an audit of all franchisee records required by this chapter and, in his or her discretion, require the preparation and filing of information additional to that required herein;
      (8)   Make an annual report to the Board of Commissioners, including:  an account of franchise fees received and distributed, the total number of hours of utilization of public channels, and hourly subtotals for various programming categories, and a review of any plans submitted during the year by franchisee(s) for development of new services;
      (9)   Conduct evaluations of the system at least every five years with the franchisee, and pursuant thereto, make recommendations to the Board of Commissioners for amendments to this chapter of the franchise agreement; and
      (10)   The town reserves the right to amend this chapter from time to time as it shall deem to be in the public interest.
   (B)   Miscellaneous; Town Manager. In the event, the Town Board shall employ a Town Manager, the Town Manager shall, unless otherwise provided by Board resolution, assume and discharge the duties of the Mayor as provided in this chapter and to that end upon the employment of a Town Manager by the Board of Commissioners, the word “Mayor” herein shall be construed to mean the “Town Manager” as the chief administrative officer of the town, as defined in § 114.03(F) of this chapter.
(Prior Code, § 114.19)  (Ord. passed 11-12-1981)