§ 6.08.080. Regulatory structure.

A.

CATV Special Committee.

1.

There is established by this chapter a CATV special committee consisting of seven members, who shall be appointed by the metropolitan mayor. The appointments shall be subject to confirmation by the council. The members of the CATV special committee shall serve a term of three years, the first such terms to commence on March 1, 1982.

2.

No member of the CATV special committee shall have an interest in any company or affiliate engaged in cable television or in application for a franchise.

3.

The CATV special committee shall have the right to call upon, with expectation of reasonable cooperation, any agency of the metropolitan government to assist it in its findings of fact and recommendations to council as required by this chapter.

4.

Except to the extent otherwise specifically provided in this chapter, the CATV special committee shall have the power and authority to review and evaluate any matter relating to the operation of any franchise, and the performance of any franchisee, that may be granted to Metropolitan Nashville under provisions of this chapter as it deems proper within its power under the Charter of The Metropolitan Government of Nashville and Davidson County and the general laws of Tennessee; provided, however, that the council shall have exclusive and final authority to grant and revoke franchises.

5.

In addition to its other duties, the CATV special committee shall also be responsible for reviewing and regulating subscriber rates for basic service, in accordance with Section 6.08.100 of this chapter, and any rate regulations adopted by the committee or Metropolitan Nashville.

B.

Hearings.

1.

The hearing panel for any hearing required or permitted under the provisions of this chapter shall be the CATV special committee. The CATV special committee shall first promulgate its organizational structure and the rules applicable to the conduct of such hearing, and they shall be filed with the metropolitan clerk. When a determination is made respecting any matter which may be the subject of a hearing, such determination shall be communicated by the CATV special committee in writing in detail to the council at the earliest possible time; copies thereof shall be furnished to the franchisee. At such hearings, the franchisee shall be given full opportunity to make a presentation and to be heard through witnesses and counsel and any other person representing the public shall also be heard. Metropolitan Nashville, through its staff (as defined in Section 6.08.040(C)(2)(a) hereof), shall also be permitted to make a presentation. The recommendations, transcripts and presentation materials shall be transmitted to the council as soon as possible but within any specific time limitations established herein.

2.

A determination for a hearing may be made and hearing or hearings undertaken on any matter concerning this chapter or franchise grants made under the chapter by the chairman of the CATV special committee, by any three members of said CATV special committee, by a resolution of the council, or by franchisee.

3.

Any such call for hearings must be properly made to the chairman of the CATV special committee and a copy sent to the metropolitan clerk. Both these request documents must be made with registered letter by registry receipt and the hearing must convene within ten days after receipt of the request by the metropolitan clerk unless the time is modified by the chairman of the special committee or otherwise specified in this chapter.

C.

Department of Information Systems.

1.

Intent. It is the intent of Metropolitan Nashville to provide for the day-to-day administration and enforcement of the provisions of this franchise by delegating this responsibility to the department of information systems and its division, the office of telecommunications, as provided in Article 2 of the Metro Code.

2.

Appeals. Should the franchisee become dissatisfied with any material decision or ruling of the department of information services pertaining to cable communication matters, the franchisee may bring the matter to CATV special committee. The special committee may accept, reject, or modify the decision of the department of information services. If the franchisee is dissatisfied with the decision of the special committee relating to any matter other than the grant or denial of a franchise, franchise renewal application or franchise transfer application, the special committee's decision shall be final, and the franchisee may pursue such other remedies as are available, including the bringing of action in any court of competent jurisdiction. If the franchisee is dissatisfied with the decision of the special committee relating to the grant or denial of a franchise, franchise renewal or franchise transfer application, the franchisee may appeal the matter to the council, which may accept, reject or modify the decision of the special committee. If the franchisee is dissatisfied with the results of such appeal, the franchisee may pursue such other remedies as are available, including the bringing of action in any court of competent jurisdiction.

D.

Auditing—Finance Director Duties. The director of finance or his duly authorized agent shall be responsible for auditing of the books, records and accounts of the franchisee for the purpose of determining gross revenues and also for the purpose of ascertaining franchisee's compliance with this chapter or its franchise agreement, and for ascertaining franchisee's financial operations relating to fees charged for subscriber's service whenever such matters are presented to the special committee or the council for consideration or review.

E.

Reserved.

F.

Educational Access Corporation.

1.

It is the intent of metropolitan government to ensure that the educational access channel(s) are governed by an independent, nonprofit corporation, termed the "Metropolitan Educational Access Corporation" (MEAC), such that these channels may be free of censorship, partisan politics and available for all forms of public educational programming for persons of all ages including instructional programming.

2.

The incorporators of the MEAC shall consist of seven people, each of whom shall be appointed by the metropolitan county mayor and confirmed by the metropolitan county council. No agent, employee or representative of a franchisee, nor any officer or employee of the metropolitan government shall be qualified to serve as an incorporator of the MEAC. In no event shall membership of the MEAC be limited to subscribers of cable television.

3.

Within sixty days after appointment and confirmation, the incorporators of the MEAC shall prepare and submit to the metropolitan county council for approval by resolution on the advice of the CATV special committee a proposed charter for the MEAC as a not-for-profit corporation under the general corporation laws of the State of Tennessee. The charter for the MEAC shall be structured so that it will meet the appropriate criteria for a nonprofit organization under the federal Internal Revenue Code and rules and shall include, but not be limited to, the following:

a.

That the incorporators of the MEAC shall serve as the first board of directors of the MEAC from and after the date of incorporation of the MEAC and for a period of one year thereafter or until their successors have been duly appointed and confirmed;

b.

That no later than six months after the date of incorporation of the MEAC, the board of directors of the MEAC shall be composed of seven qualified persons, each of whom shall serve for a term of three years or until their successors have been duly appointed and confirmed. The members of the board of directors of the MEAC shall be appointed by the metropolitan county mayor and confirmed by the council. Not more than two of the members shall be residents of the same metropolitan councilmanic district. No agent, employee or representative of a franchisee, nor any officer or employee of the metropolitan government shall be qualified to serve as a member of the board of directors of the MEAC. The terms of the initial members of the board of directors shall be staggered, with three members being initially appointed for a one year term, two members being initially appointed for a two year term and two members being initially appointed for a three year term. Vacancies occurring during the term of any member shall be filled by the same method as the appointment of the member in whose position the vacancy occurs;

c.

That the functions of the MEAC shall include, but not be limited to, the following:

i.

Responsibility for program production for and management of the educational access channel(s) on all cable systems and the day-to-day operation of the educational access channel(s);

ii.

To devise, establish and administer all rules, regulations and procedures pertaining to the use and schedule of the educational access channel(s);

iii.

To hire and supervise staff of the MEAC;

iv.

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

v.

To develop additional sources of funding, such as foundation or federal or state grants, to further educational programming.

vi.

To develop and promote the use of such educational access channel(s) by all schools, colleges, universities and other organization with educational missions within the franchise area; and

vii.

To perform such other functions relevant to the educational access channel(s) as may be appropriate.

4.

After the metropolitan county council approves the proposed charter of the MEAC, the proposed charter shall be filed with the Secretary of State of the State of Tennessee. After same has been issued by the Secretary of State, it shall be recorded in the office of the registrar of Davidson County. The director of the department of metropolitan finance shall advance the necessary filing and recording fees.

5.

The MEAC shall allow the director of finance or his duly authorized agent full and complete access to any of its books, records, accounts, financial statements and other like material for the purpose of auditing in such manner as he may deem appropriate. The MEAC shall annually obtain an audit of its financial statements by a qualified and independent accounting firm approved by the director of finance.

G.

Nashville Education, Community, and Arts Television Corporation.

1.

The name of the Metropolitan Educational Access Corporation addressed in Section 6.08.080(F) shall be changed to Nashville Education, Community, and Arts Television Corporation.

2.

The Metropolitan Educational Access Corporation is directed to amend and restate its charter to reflect the change of its name to Nashville Education, Community, and Arts Television Corporation and incorporate the provisions of this section, on or before April 6, 2010.

3.

It is the intent of the metropolitan government to ensure that the public and educational access channels are governed by an independent, nonprofit corporation, termed the "Nashville Education, Community, and Arts Television Corporation" ("NECAT"), such that these channels may be free of censorship, partisan politics, and available for all forms of public expression, community information, and educational programming for persons of all ages.

4.

Within one hundred and twenty days of the effective date of this section, NECAT shall prepare and submit to the metropolitan county council for approval by resolution on the advice of the CATV special committee, a proposed amended and restated charter for the NECAT as a not-for-profit corporation under the general corporation laws of the State of Tennessee. The amended and restated charter for the NECAT shall be structured so that it will meet the appropriate criteria for a nonprofit organization under the federal Internal Revenue Code and rules and shall include, but not be limited to, the following:

a.

That the voting members of the board of directors of the NECAT shall be increased from seven to eleven qualified persons, each of whom shall serve for a term of three years or until their successors have been duly appointed and confirmed.

i.

The four current directors of the Metropolitan Educational Access Corporation whose terms do not expire on February 5, 2010, shall continue to serve as directors of NECAT, which they shall continue to do until the expiration of their terms, after which their successors shall be appointed for terms of three years. The three members of the Metropolitan Educational Access Corporation (MEAC) Board whose terms expire on February 5, 2010, shall not continue to serve as board members of NECAT, although prior to the effective date of the herein-referenced Charter Amendment they may continue to hold over as MEAC Board members past the expiration of their terms on February 5, 2010, to the extent otherwise permitted by the Charter of the Metropolitan Government.

ii.

The initial terms of two of the seven newly appointed additional voting members of the board of directors authorized by this section shall expire on February 5, 2011, after which their successors shall be appointed for terms of three years.

iii.

The initial terms of two of the seven newly appointed additional voting members shall expire on February 5, 2012, after which their successors shall be appointed for terms of three years.

iv.

The initial terms of the remaining three of the seven newly appointed additional voting members shall expire on February 5, 2013, after which their successors shall be appointed for terms of three years.

v.

The voting members of the board of directors of NECAT shall be appointed by the metropolitan county mayor and confirmed by the council. Two voting members of the board shall be community members who have production experience involving use of the studio used by NECAT.

vi.

No agent, employee or representative of a franchisee, nor any officer or employee of the metropolitan government shall be qualified to serve as a voting member of the board of directors of NECAT. In addition to the eleven voting members, the mayor shall designate one employee of the metropolitan government to serve as a nonvoting ex officio member of the board of directors of NECAT.

vii.

Any vacancy occurring during the term of a member shall be filled for the unexpired term in the same manner as the original appointment.

b.

That the functions of NECAT shall include, but not be limited to, the following:

i.

To devise, establish and administer all rules, regulations and procedures pertaining to the use and schedule of the public and educational access channels;

ii.

To hire and supervise staff of NECAT;

iii.

To develop additional sources of funding from public and private sources, such as foundation or federal or state grants, to further public and educational programming.

iv.

To develop and promote the use of such public and educational access channels by citizens and all schools, colleges, universities and other organizations with educational missions within the franchise area;

v.

The board for NECAT has the responsibility for defining the mission respectively for education, community and arts television channels. The board will be committed to developing programming guidelines that are compliant with applicable law, including the FCC regulations. The board shall establish separate committees of the board for each of the channels (education, community access, and arts). Committee membership may include interested and qualified volunteers in addition to board members to screen and schedule programming content; and

vi.

To perform such other functions relevant to the public and educational access channels as may be appropriate.

c.

That the members of NECAT board shall be required to comply with the ethics provisions of Chapter 2.222 of the Metropolitan Code of Laws and Mayor Karl F. Dean Executive Orders Nos. 006 and 007, and any subsequent executive orders of the mayor of the metropolitan government on ethics.

5.

After the metropolitan county council approves the proposed amended and restated charter of NECAT, the amended and restated charter shall be filed with the Secretary of State, State of Tennessee. After same has been issued by the Secretary of State, it shall be recorded in the office of the registrar of Davidson County. The director of the department of metropolitan finance shall advance the necessary filing and recording fees.

6.

NECAT shall allow the director of the department of metropolitan finance or his duly authorized agent full and complete access to any of its books, records, accounts, financial statements, and other like material for the purpose of auditing in such manner as he may deem appropriate. NECAT shall annually obtain an audit of its financial statements by a qualified and independent accounting firm approved by the director of finance.

7.

In no event shall NECAT have any authority or control of government access television, which is managed and operated by the metropolitan department of information services.

8.

Public and educational access production facilities and equipment owned or leased by the metropolitan government shall be managed and operated by the metropolitan department of information technology services. Nothing herein shall be construed to give the department of information technology services any control over the content of public or educational access programming.

9.

NECAT shall submit channel and/or bandwidth allocation recommendations to the CATV special committee. The CATV special committee shall allocate and coordinate access to channel and/or bandwidth capacity provided pursuant to the requirements imposed by law or by agreement upon owners and operators of franchises for cable communications, provided such allocation and coordination of access shall not become effective unless and until ratified by the council by resolution.

(Ord. BL2010-614 §§ 2, 3, 2010; Ord. 2001-840 § 1, 2001; Ord. 95-1368 § 2 (part), 1995)