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RESOLUTION
NO. 6077
RESOLUTION CREATING CITIZENS CABLE COMPLIANCE COMMITTEE TO MONITOR FRANCHISE
CONTRACT COMPLIANCE
BY CABLE TELEVISION PROVIDERS ON AN ANNUAL BASIS
WHEREAS, on September
12, 1988, the City Council approved a 15 year franchise agreement with
TCI of Reno, Inc.; and,
WHEREAS, on October 11, 1994, the City Council approved a 10 year franchise
agreement with Continental Cablevision; and,
WHEREAS, on June 26, 2001, the City Council approved the transfer of
the TCI and Continental franchise agreements to a subsidiary of Charter
Communications; and,
WHEREAS, the City's cable franchise agreements with Charter Communications
will expire on October 11, 2003 (TCI of Reno, Inc. franchise) and October
21, 2004 (Continental Cablevision franchise); and,
WHEREAS, the Cable Communications Policy Act ("Cable Act")
establishes procedural and substantive rules for franchise renewal;
and,
WHEREAS, under the Cable Act, a franchising authority may only deny
a franchise renewal on the following four grounds:
Compliance
test: the operator has not "substantially" complied
with the "material terms" of the franchise or with"
applicable" law. Cable Act section 626(c)(1)(A), 47 U.S.C.
section 546(c)(1)(A); or,
Past performance test: the "quality of the operator's
service" has not been "reasonable in light of community
needs." Cable Act section 626(c)(1)(B), 47 U.S.C. section 546(c)(1)(B);
Abilities test: the operator lacks the "financial, legal
and technical ability" to provide the proposed services, facilities
and equipment. Cable Act section 626(c)(1)(C), 47 U.S.C. section
546(c)(1)(C); or,
Future needs and interests test: the operator's proposal
does not meet the communities "future cable-related community
needs and interests, taking into account the cost of meeting [those]
needs and interests." Cable Act section 626(c)(1)(D), 47 U.S.C.
section 546(c)(1)(D); and, |
WHEREAS, on September
10, 2002, the City Council directed staff to take the necessary steps
to form a citizens committee to act in an advisory capacity to the City
Council and assist the City in monitoring and evaluating Charter Communication's
performance under the franchise agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. The words and phrases used in this Resolution have
the meanings ascribed to them in NRS 711.030 to 711.074, inclusive,
unless a different meaning clearly appears in the context.
2. The City of Reno Citizens Cable Compliance Committee
(the "Committee") is hereby established.
3. The Committee shall have the
following purposes and duties:
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(a)
To monitor franchise contract compliance by each community antenna
television ("CAT") company and to report to the City
Council on the status of compliance at least once per year;
(b) To review reports filed by each CAT company;
(c) To assist in performing rate regulation
as provided under Federal and State laws;
(d) To receive and mediate unresolved customer
service complaints;
(UPDATE — Section 3d was deleted by the Reno City Council
on April 23, 2003. In favor: Mayor
Cashell and councilmembers Aiazzi,
Dortch and Zadra.
Councilwoman Sferrazza
opposed. Councilmembers Harsh
and Hascheff were
absent.)
(e)
To make recommendations to the City Council about the performance
of each CAT provider so that the best information is available
to the City in case of a minor or major default, and when preparing
for a renewal of franchise, permit, license, contract, certificate,
or agreement;
(f) To encourage the widest and most innovative
development of CAT service to the public working with CAT providers,
any public or private group, organization, or person; and,
(g) To perform such other tasks as the City
Council might direct regarding CAT.
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4.
The Committee shall consist of seven (7) voting members.
5. The City Council shall first appoint five (5) members
to serve a two-year term. The City Council shall also first appoint
two members to serve a three-year term. Thereafter, all terms shall
be for two (2) years. Members may serve no more than three (3) two-year
terms.
6. Members of the Committee shall serve without compensation.
7. Any vacancy on the Committee shall be filled
by appointment of the City Council. Appointments for vacancies for other
than expiration of term shall be for the remainder of the term and shall
be filled within 30 days of the vacancy.
8. The Committee will elect one member as chairperson,
one person as co-chairperson, and one recording secretary. Each of these
offices will be for one year. The Committee shall hold a minimum of
one (1) regular meeting each year. Special meetings may be called by
the chairperson and any two committee members at any time.
9. All meetings of the Committee, whether regular
or special, shall be open to the public and the Committee shall comply
with applicable provisions of the Open Meeting Law. A quorum shall be
four (4) members on the Committee at the time of the meeting. Whenever
a quorum shall attend any meeting of the Committee, the concurrence
of a majority of the committee present at such meeting shall be necessary
to constitute an act of the Committee.
10. The Committee shall be supplied such support services
by the City as may be deemed necessary by the City Manager. The City
Manager or his designee shall be available for meetings as requested
by the chairpersons. The request for support services must reasonably
be related in need and necessity to a matter or matters formally scheduled
for agenda consideration.
11. The Committee shall establish bylaws for its proceedings
and may adopt such rules and regulations as may be necessary for the
exercise of the powers conferred and the performance of the duties hereby
imposed upon it, subject to the approval of the City Council.
12. Any member of the Committee may be removed from
office by a majority vote of the Committee or the City Council for inefficiency,
neglect of duty, or malfeasance of office or as provided by resolution
concerning operation guidelines for use by all boards and commissions
on file with the City Clerk.
Upon motion by Council member Rigdon, seconded by Council member Hascheff,
the foregoing Resolution was passed and adopted this 22nd day of October,
2002, by the following vote:
AYES: Rigdon, Hascheff, Harsh, Doyle, Aiazzi, Griffin
NAYS: None
ABSENT: Sferrazza ABSTAIN: None
Approved this 22nd day of October, 2002.
/s/ ROBERT A. CASHELL, Mayor
ATTEST: Robert A. Cashell
/s/ Lynette R. Jones
City Clerk
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