A. Regulatory authority. The grantor shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law.
B. Regulatory responsibility. The grantor may exercise or delegate the following regulatory responsibility:
(1) Administering and enforcing the provisions of the cable communications system franchise.
(2) Coordination of the operation of facilities and community access channels provided for in any franchise agreements.
(3) Providing for technical, programming and operational support to public agency users, such as City departments, school and health care institutions.
(4) Establishing procedures and standards for public and government institutional operations and services, use of community access channels, and sharing of public facilities.
(5) Planning expansion and growth of public and government cable services.
(6) Analyzing the possibility of integrating public and government cable communications with other City, state, or regional telecommunications networks.
C. Public usage of the system. As specified in § 166-111 of this chapter, the grantor may utilize the community access channel capacity and the institutional network to develop and provide cable services that will be in the public interest. In furtherance of this purpose, the grantor may designate a nonprofit corporation, to receive and allocate facilities, support funds and other considerations provided by the grantee, and/or others. Such a corporation, if designated, may be delegated the following responsibilities:
(1) To set out rules and regulations under which grantee is allowed to use community access channel capacity if such channel capacity is not being used for its designated purpose; and for recapture of such capacity for public use.
(2) Receive, and utilize or reallocate for utilization, channel capacity, facilities, funding and other support provided specifically for public usage of the cable system.
(3) Review the status and progress of each community access channel developed for public benefit.
(4) Reallocate resources on a periodic basis to conform with changing priorities and public needs.
(5) Report to the grantor annually on the utilization of resources, the new public services developed and the benefits achieved for the City and its residents.
D. Reservation by grantor. The grantor reserves the right, at its discretion, from time to time, to determine if the corporation described in Subsection C above is performing its purposes in a manner satisfactory to the grantor, and if it is not, the grantor may receive and reallocate all or a portion of the channel capacity, operating appropriation, and capital appropriation, including any facilities and equipment purchased previously with such appropriations, to another entity. A new entity shall be required to comply in all respects with the legal responsibilities which the corporation has assumed under Subsection C.
E. Rate regulation. Grantor may regulate cable system rates and charges in accordance with this chapter and applicable law, but only to the extent permitted by § 623 of the Act and regulations of the Federal Communications Commission which are lawfully promulgated thereunder or as otherwise permitted by law.
F. Initial rates. The grantee shall establish initial monthly rates and nonrecurring installation connection charges that shall be applied fairly and uniformly to all subscribers for its services. This provision shall not be deemed to prohibit promotional campaigns or other legitimate activities; nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled.
G. Schedule of rates. Grantee shall maintain and file with the grantor, a complete schedule of then-current subscriber rates and nonrecurring charges and deposits.
H. Access channel management.
(1) Intent. It is the intent of the grantor to ensure that access and community channels provided for in any franchise agreement shall be managed in the best public interest, so that programming on such channels 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 access channel management to a nonprofit entity, termed the "Access Channel Manager," which may include, but shall not be limited to, any of the following:
(a) An established nonprofit entity with special cablecasting capability.
(b) A nonprofit corporation.
(c) An access management commission or committee, appointed by the grantor, and representing a broad spectrum of the community.
(2) Functions. The Access Channel Manager shall have the following functions:
(a) Responsibility for program production for and management of the community access channel.
(b) Establishment of budgets on an annual basis, and utilization of available funds and resources for the purpose of access programming.
(c) To assure that no censorship or control over program content of the community access channels exists, except as provided by the Act with regard to programming that is obscene or otherwise unprotected by the constitution of the United States, and to assure that the community access channels are made available to all residents of the City.
(d) To devise, establish, and administer all rules, regulations, and procedures pertaining to the use and scheduling of the community access channels.
(e) To prepare, in conjunction with the grantee, such regular or special reports as may be required or desirable.
(f) To hire and supervise staff.
(g) To make all purchases of materials and equipment that may be required.
(h) To develop additional sources of funding, such as foundation or federal or state grants, to further community programming.
(i) To perform such other functions relevant to the community access channel(s) as may be appropriate.
(3) Access Channel Manager reports to grantor. The Access Channel Manager shall provide a report to the grantor, at least annually, indicating achievements in community-based programming and services.