(A) Intent. In order to achieve utilization of access channels which are in the best public interest, it is the intent of the grantor to ensure that the access and community channels are governed by an independent, nonprofit entity, termed the Access Channel Manager, so that such channels may be free of censorship, open to all residents of the franchise area, and available for all forms of public expression, community information, and the debate of public issues.
(B) Functions. The Access Channel Manager shall have the following functions:
(1) The responsibility for program production for, and the management of, the public access channel and all other channels as may in the franchise agreement be designated for community-based programming. Community channels may include government and educational access channels, as designated in the franchise agreement;
(2) To assure that the public access and community channels are made available to all residents of the franchise area on a nondiscriminatory, first-come, first-served basis;
(3) To assure that no censorship or control over the program content of the public access and community channels exists, except as necessary to comply with FCC prohibition of material which 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 access and community channels;
(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 which may be required;
(8) To develop additional sources of funding, such as foundation or federal or state grants, to further community programming; and
(9) To perform such other functions relevant to the public and community channels as may be appropriate.
(C) Access rules. The Access Channel Manager shall complete a set of rules for the use of the access and community channels which rules shall be promptly forwarded to the grantor. The rules shall be prepared in cooperation with the grantee and confirmed by a contractual agreement between the Access Channel Manager and the grantee. The rules, at a minimum, shall provide for:
(1) Access on a first-come, first-served, nondiscriminatory basis for all residents of the franchise area;
(2) The prohibition of advertising for commercial or political purposes, as defined by the FCC;
(3) The prohibition of any presentation of lottery information or obscene or indecent material;
(4) Public inspections of the logs of producers, which shall be retained by the grantee for a period of two years;
(5) Procedures by which individuals or groups who violate any rule may be prevented from further access to the channel; and
(6) The free use of such reasonable amounts of channel time, cablecasting facilities, and technical support as are provided for in the agreement between the Access Channel Manager and the grantee.
(D) Funding for the Access Channel Manager. It is the intent of the grantor that the Access Channel Manager obtain partial funding from the grantee to the extent defined in the franchise agreement.
(E) Grantee support for the Access Channel Manager. It is the intent of the grantor that the grantee shall provide ongoing cooperation for the support of the Access Channel Manager, with the detailed requirements to be specified in the franchise agreement. As a minimum, the following shall be provided:
(1) The grantee shall provide a high-quality cablecasting studio facility. Such studio shall be separate from the facilities used by the grantee for local origination, although it may be housed in the same building. Equipment in such studio shall be comparable to that used by the grantee for local origination.
(2) The grantee shall provide operational and technical personnel to support the Access Channel Manager in cablecasting activities, with the minimum level of support as specified in the franchise agreement.
(F) Access Channel Manager reports to the grantor. The Access Channel Manager shall provide a report to the grantor, at least annually, indicating achievements in community-based programming and services. The Access Channel Manager also shall provide a special report each time the grantee requests an increase in rates, indicating the level and quality of the grantee's support, during the period elapsed since any previous rate increase was implemented.
('65 Code, § 7-8.508) (Ord. 244-C.S., passed - - )