A. Intent. It is the intent of the Grantor to insure PEG Access Facilities provided for in any Franchise Agreement shall be managed in the best public interest so such facilities will be open to all residents, and available for all forms of public expression, community information and debate of public issues. Pursuant to these objectives, the Grantor may delegate the responsibility for PEG Access Facility management to a nonprofit entity which may include, but not be limited to, any of the following:
1. A nonprofit public corporation.
2. A PEG Access Facility management commission or committee, appointed by Grantor, and representing a broad spectrum of the community.
3. An established nonprofit entity with special cablecasting capability, such as a local or regional community college.
B. Functions. The entity designated to manage the PEG Access Facilities shall have the following functions:
1. Responsibility for program production for and management of the Public Access Facilities as may in the Franchise Agreement be designated for community-based programming. Community channels may include Public, Educational and Government Access channels, as designated in the Franchise Agreement.
2. To assure the PEG Access Facilities are made available to all residents of the franchise area on a nondiscriminatory, first-come, first-served basis.
3. To assure no censorship or control over program content of the PEG Access Facilities exists except as necessary to comply with all applicable laws and regulations.
4. To devise, establish, and administer all rules, regulations, and procedures pertaining to the use and scheduling of the PEG Access Facilities.
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 required.
8. To develop sources of funding, such as foundation or Federal or State grants, to further community programming.
9. To perform such other functions relevant to the PEG Access Facilities as may be appropriate.
10. Establishment of budgets on an annual basis, and utilization of funds and resources received from the Grantor or the public usage entity designated in § 11.30.310 for the purpose of PEG Access programming.
C. Access rules. The PEG Access Facility management entity shall complete a set of rules for the use of the PEG Access facilities which shall be promptly forwarded to the Grantor. The rules shall be prepared in cooperation with the Grantee, and confirmed by agreement between the PEG Access Facility Management entity and the Grantee. The rules shall, at a minimum, provide for:
1. Access on a first-come, first-served, nondiscriminatory basis for all residents of the franchise area.
2. Prohibition of commercial use by public access programming producers.
3. Prohibition of any presentation of obscene material.
4. Public inspection of the log of producers, which shall be retained by the PEG Access Facility management entity for a period of four (4) years.
5. Procedures by which individuals or groups who violate any rule may be prevented from further access to the facilities.
6. Free use of such reasonable amounts of channel time, cablecasting facilities, and technical support as are provided for in the agreement between the PEG Access Facility management entity and the Grantee.
D. PEG Access Facility Management entity reports to Grantor. The PEG Access Facility Management entity shall provide a report to the Grantor and the Grantee, at least annually, indicating achievements in community-based programming and services.
('65 Code, § 35B-4(d)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)