HomeMy WebLinkAboutOrdinance 24-1994 � " ,
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ORDIHAHCE HO. 24-94
AH ORDINAHCE REVISING ARTICLE II OF CHAPTER 10. 5 AND PERTAINING
TO THE CABLE TELEVISION REVIEW BOARD.
BE IT ORDAINED BY THE GOVERNIHG BODY OF THE CITY OF BROOKIHGS,
SOUTH DAKOTA, AS FOLLOWS:
I.
ARTICLE II. CABLE TELEVISIOH REVIEM HOARD
Sec. 10. 5-21. Established, cou�position; appointw�ent, ter�a
qualifications, re�oval of �se�bers; filling of vacancies.
There is hereby established in the City of Brookings, South
Dakota, a cable television revieN board which shall consist of five
(5) members to be appointed by the city commission. Each member of
said board shall be appointed for a staggered three-year term.
All members of the cable television reviep board shall be
appointed for three-year terms at the first regular meeting of
January. In the event a vacancy occurs on a date prior to the first
regular meeting of January, then the vacancy may be filled by
appointment for a term not exceeding three (3) years, which term shall
expire prior to the first meeting of January.
Al1 members of the board ahall reside either in the City of
Brookings or rithin its joint jurisdictional area. At least four (4)
of the five t5) members shall be with the service area of the cable
television franchisee serving the greatest number of subscribers in
the City of Brookings. Any vacancies in the board shall be filled by
appointment of the city commission to fill the unexpired term. Any
member may be removed by the city commission from the board prior to
the expiration of their term.
Sec. 10. 5-22. Duties and responsibilities generally.
The cable television revier► board shall be responsible for
monitoring the performance of any cable television franchisee
operating within the City of Brookings and regulating rates of the
franchisee in accordance with cable television regulations of the
Federal Communications Commission, and shall have such other poMers as
suthorized by the Federal Communications Commission.
At least annually, the cable television review board ehall advise
the city commission of any cable television franchisee's performance
in the City of Brookinga. Such report shall be submitted to the city
commission and shall contain recommendations regarding the need for
upgrading the system to meet current standards. In addition to the
foregoing powers and responaibilities, the board shall be responsible
for receiving and investigating complaints initiated by subscribers of
— cable television services within the City of Brookings or by the city
commission of the City of Brookings and the cable television board may
resolve complaints in accordance with the provisions hereof.
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Sec. 10. 5-23. Resolution of cosplaints--Generally.
Al1 complaints by the City of Brookings or cable television
subscribers regarding the quality of service, equipment malfunctions,
billing disputes, and any other matters relative to the cable
television eystem shall first be submitted to the cable television
system franchisee and shall be investigated by the franchisee Mithin
seventy-two (72) hours of notice to said cable television franchisee.
The cable television franchisee to whom a complaint has been submitted
shall be required to rectify malfunctions and use all reasonable
efforts to satisfy the complaint. Should any of said complaints not
be resolved to the satisfaction of the complainant, the complainant
may also file their complaint Mith the cable television revier board.
The complainant shall thereafter be entitled to meet jointly vith the
board and a representative of the cable television franchisee aithin
thirty (30) days after a complainant's request for such a meeting to
fully discuss and attempt to resolve such complaint. If either the
complainant or the cable television franchisee is dissatisfied rith
the recommendation of the board, the matter may be submitted to the
city commission for resolution.
Sec.� 10. 5-24. Sawe--Arbitration.
If either the complainant or the cable television franchisee is
dissatisfied with the decision of the city commission on the
complaint, the matter may be submitted for arbitration by a panel of
' three t3) arbitrators. Each party ahall appoint one such arbitrator
who shall not be within the employ or affiliated with said garty. The
two (2) arbitrators ao selected shall mutually select a third
arbitrator.
Each party shall pay the costs of the arbitrator it selects. The
costs of the third arbitrator shall be shared equally by the parties
to the arbitration.
After hearing, the written decision of a majority of the
arbitrators shall be binding upon the parties to the arbitration.
Sec. 10.5-25. Penalty; failure to �cow�ply.
Failure of the cahle television franchisee to comply with a final
decision shall constitute a violation of this chapter and shall
subject the cable television franchisee to a fine not exceeding tro
hundred dollars (5200. 00) . Each day in violation of this chapter
shall constitute a separate offense.
Sec. 10. 5-26. Evaluation of signal quality and technical standards.
Signal quality and technical standards shall be evaluated
pursuant to Federal Communications Commiasion standards. The board
shall have the right, in the event of substandard reception, to
� require the cable television franchisee to undertake special testing
of the system. If such special testing reveals that the substandard
reception is the fault of the cable television franchisee, the cost of
such special testing shall be paid by said cable television
franchisee. If such special testing fails to reveal the cause of the
substandard reception, or reveals that it was not cauaed by the
system, then the City of Brookings shall pay the cost of such special
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testing. As a condition of ordering special testing, the board may
require the person or persons requesting epecial testing to agree to
pay the expense thereof in the event it becomes the city's obligation
to pay such expense and to make a reasonable deposit Mith the city to
guarantee such expense payment.
In the event of eny conflict betreen local and federal ler,
federal laM ehall prevail.
II.
All sectione and ordinancee in conflict hererith are hereby
repealed.
FIRST READIHG: Auguat 16, 1994
SECOND READING: Auguet 23, 1994
PUBLISHED: Auguet 31, 1994
CITY OF BROOKINGS
liayor
ATTESTs
Finance Officer