HomeMy WebLinkAboutOrdinance 14-1985 � . �� , . ' . .
ORDINANCE N0. 14-85
AN ORDINANCE ESTABLISHING A CABLE TV REVIEW BOARD AND
PROVIDING FOR DUTIES, POWERS AND RESPONSIBILITIES OF BOARD AND
RESPONSIBLITIES OF CABLE TV SYSTEMS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
BROOKINGS, SOUTH DAKOTA:
1 . There is hereby established in the City of
Brookings, South Dakota, a Cable TV Review
Board which shall consist of three (3) mem-
bers to be appointed by the City Commission
for the City of Brookings . Each member of
said Board shall be appointed for a staggered
three (3) year term, except the first board
which shall serve terms as follows :
a. One Member shall be appointed to
serve for one year;
b. One Member shall be appointed to
serve for two years ;
c. One Member shall be appointed to ser-
ve for three years;
All Members of the Board must be residents of
the City of Brookings, South Dakota, and be
impartial in attitude toward cable televi-
sion. Any vacancies in the Board shall be
filled by appointment of the City Commission
to fill the unexpired term. Any member may
be removed from the Board prior to the
expiration of his term by the Mayor, for
cause.
2 . Duties and Res onsibilities : The Cable TV
eview Boar s all e responsible for moni-
toring the performance of any cable TV
franchisee operating within the City of �
Brookings . The Board shall advise the City
Commission of any cable TV franchisees' per-
formance in the City of Brookings at least
annually. Such report shall be submitted to
the City Commission and shall contain recom-
mendations regarding the need for upgrading
the system to meet current standards. In
addition to the foregoing powers and respon-
sibilities , the Board shall be responsible
for receiving and investigating complaints
initiated by subscribers to cable television
services within the City of Brookings or by
the City Commission of the City of Brookings
and disposing of said Complaints in accor-
dance with the provisions hereof.
3 . All complaints by the City of Brookings and/or
cable TV subscribers regarding the quality of
service, equipment malfunctions, billing
disputes , and any other matters relative to the
cable TV System shall first be submitted to the
Cable Television System and shall be investi-
gated by them within seventy-two (72) hours of
notice, oral or written, given to said cable
television company. The cable television com-
pany 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 his
or her complaint with the cable TV Review
Board. The complainant shall thereafter be
entitled to meet jointly with the board and a
respresentative of the cable TV Company within
thirty (30) days after a complainant ' s request
for such a meeting to fully discuss and seek to
resolve such complaint . If either the
Complainant or the Cable TV Company is dissa-
tisfied with the recommendation of the Board,
the matter may be submitted to the City
Commission.
4. If either the Complainant or the Cable TV
Company is dissatisfied with the decision of the
Commission, the matter may be appealed to
arbitration by a panel of three arbitrators .
Each party shall appoint one such arbitrator who
shall not be within the employ or affiliated
with said party. The two arbitrators so
selected shall mutually select a third arbitra-
tor .
Each party shall pay the costs of the arbitra-
tor it selects . The costs of the third
arbitrator shall be shared equally by the par-
ties to the arbitration.
After hearing, the written decision of a
majority of the arbitrators shall be binding
upon the parties to the arbitration.
5 . Penalt Failure to Com 1 . Failure of the
a le TV Company to comply with a final decision
shall constitute a violation of this Ordinance
and shall subject the violator to a fine not
exceeding $100. 00. Each day in violation of
the ordinance shall constitute a separate
offense.
6 . Signal quality and technical standards shall
be evaluted pursuant to Federal
, , • ' , • � � , .
. t . 7 � •
Communications Commission standards . The Board
shall have the right , in the event of substan-
dard reception, to require the Cable TV Company
to undertake special testing of the system. If
such special testing reveals that the substan-
dard reception is the fault of the Cable TV
System, the cost of such special testing shall
be paid by said Cable TV System. If such spe-
cial testing fails to reveal the cause of the
substandard reception, or reveals that it was
not caused by the system, then the City of
Brookings shall pay the cost of such special
testing. As a condition of ordering special
testing, the Board may require the person or
persons requesting special 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 with the City to
guarantee such expense payment.
In the event of any conflict between local
and federal law, federal law shall prevail .
FIRST READING: .T�mP 1 �i _ 1 qf��,
SECOND READING: June 25, �,985
PASSED AND APPROVED: J'ul� 1,6a 1985
CITY OF BROOKINGS
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Mayor
ATTEST:
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Cit inan e 0 icer