(A) Intent. It is the intent of the grantor to ensure that, wherever possible, access and community services required within a franchise agreement shall be managed in the best public interest so that such services will be free of censorship, 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 public benefit capability management to a nonprofit entity, which may include, but not be limited to, any of the following: a nonprofit corporation; a management commission or committee, appointed by the grantor, and representing a broad spectrum of the community; and/or an established nonprofit entity with special capability, such as a local or regional school system or community college.
(B) Functions. The entity designated to manage public benefit capability shall have the following functions:
(1) Responsibility for public benefit usage and management as may be required within a franchise;
(2) To assure that the public benefit access is made available to all residents of a franchise area on a nondiscriminatory, first-come, first-served basis;
(3) To assure that no censorship or control over public benefit system use is imposed, except as such control may relate to compliance with existing FCC rules as may regard the prohibition of material that is obscene, or contains commercial advertising, or conducts a lottery;
(4) To devise, establish, and administer all rules, regulations, and procedures pertaining to the use and scheduling of the public benefit use system;
(5) To prepare, in conjunction with a 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 that may be required;
(8) To develop additional sources of funding, such as foundation or federal or state grants;
(9) To perform such other functions relevant to the public benefit use of the system as may be appropriate; and
(10) Establishment of budgets on an annual basis, and utilization of funds and resources received from the grantor or the public benefit usage entity designated in § 114.087.
(C) Public benefit usage rules. The management entity, in cooperation with a grantee, shall develop a set of rules for the use of the public benefit use of the system which shall be promptly forwarded to the grantor. The rules shall be prepared in cooperation with a grantee and confirmed by a contractual agreement between the access management entity and a grantee. The rules shall, at a minimum, provide for:
(1) Access on a first-come, first-served, nondiscriminatory basis for all residents of a franchise area;
(2) Prohibition of advertising for commercial or political purposes, as defined by the FCC;
(3) Prohibition of any presentation of lottery information or obscene or indecent material;
(4) Public inspection of the log of public benefit users, which shall be retained by a grantee for a period of two years;
(5) Procedures by which individual or groups who violate any rule may be prevented from further access to public benefit use of the system; and
(6) Free public benefit use of the system, facilities, and technical support as are provided for in the public benefit user rules for a franchise.
(D) Public benefit use reports. The management entity shall provide a report to the grantor, at least annually, indicating the type of public benefit services accomplished, the number of individuals or community groups that have utilized such system services, and the community benefit of such utilization.
(2011 Code, § 14.12.090)