§ 1060-330. COMMUNITY TELEVISION AUTHORITY

(a)

Intent. At Grantor's sole option, Grantor may provide that the public television and other community channels will be governed by Joint Powers Authority together with other governmental agencies, termed the Community Television Authority, such that these channels may be free of unlawful censorship, open to all residents and available for all lawful forms of public expression, community information, and debate on public issues.

(b)

Functions of the Community Television Authority. If formed, the Community Television Authority shall have the following functions:

(1)

Responsibility for program production, for management of public access channels, the community channels, and all other channels as may in the future be designated for community based programming;

(2)

To assure that the public access and community channels are made available to all residents of the Grantor on a non-discriminatory basis;

(3)

To assure that no unlawful censorship or control over program content exists, except as necessary to comply with FCC regulations or to prohibit material that is obscene, or constitutes a lottery;

(4)

To devise, establish, and administer all rules, regulations, and procedures pertaining to the use and scheduling of the public television and community channels;

(5)

To prepare, in conjunction with the Grantee, such regular or special reports as may be required or desirable by Grantor;

(6)

To hire and supervise staff;

(7)

To make all purchase of materials and equipment that may be required;

(8)

To develop additional sources of funding to further community programming, and receive, administer, and expend such funds; and

(9)

To perform such other functions relevant to the public and community channel(s) as may be appropriate.

(c)

Establishment of the CTA. The initial Board of Directors of a CTA shall be determined by parties to the JPA.

(d)

Funding for the CTA. It is the intent of the Grantor that the CTA obtain funding from the franchise fee, imposed pursuant to Section 1060-130 of this chapter.

(e)

Grantee support for the CTA. The Grantee shall provide ongoing cooperation with and support to the CTA, with the detailed requirements to be specified in the franchise. As a minimum, the following shall be provided:

(1)

The Grantee shall provide a high quality studio facility for the use of the CTA as specified in this chapter and the franchise agreement.

(2)

The Grantee shall provide operational and technical personnel to support the CTA in its cable casting activities, with the minimum level of support as specified in this chapter and in the franchise.

(3)

If the CTA is formed, the Grantor, together with the other members of the CTA, shall determine the level of monetary support that shall be provided to fund the CTA and its operations.

(f)

CTA reports. The CTA shall provide a report to the Grantor at least annually, indicating CTA achievements in community-based programming and services in the form and detail specified by the Grantor. The CTA also shall provide a special report to the Grantor each time the Grantee increases its rates indicating the level and quality of Grantee's support to the CTA since any previous rate increase was implemented.

(g)

Public access rules. Within 120 days after the creation of a CTA, the Board of Directors shall complete a set of rules for the use of the public television and community channels which 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 CTA and the Grantee. The rules shall, at a minimum, provide for:

(1)

Access on a non-discriminatory basis for all residents of the franchise area;

(2)

Prohibition of any presentation of lottery information, or obscene or indecent material;

(3)

Public inspection of a log of producers, which shall be retained by the Grantee for a period of two years;

(4)

Procedures by which individuals or groups who violate any rule may be prevented from further access to the channel; and

(5)

Free use of such reasonable amounts of channel time, cable casting facilities, and technical support as are provided in the agreement between CTA and the Grantee.