[HISTORY: Adopted by the Common Council of the City of Buffalo 12-23-1997, effective 1-9-1998. Amendments
noted where applicable.]
A.
The Common Council of the City of Buffalo hereby finds and declares
that the citizens of the City of Buffalo are entitled to the best
possible service from telecommunications service providers. The City
wishes to treat all telecommunications service providers in a nondiscriminatory
and fair manner by creating to create an environment where telecommunications
service providers can efficiently and effectively serve the citizens
of the City of Buffalo. At the same time, the City must ensure that
telecommunications service providers are complying with all applicable
laws and regulations and any licensing or franchise agreements with
the City.
B.
It is, therefore, in the best interest of the City that an Office
of Telecommunications be established. That Office would be charged
with advising the City on franchise compliance, assisting various
City departments in franchise matters, monitoring access operations,
serving as a liaison between the public and the telecommunications
service providers, keeping the City apprised of national and local
developments in telecommunication issues and recommending policies
and procedures pertaining to telecommunications to the City.
There is hereby established the Office of Telecommunications,
to be administered by a Director, who shall be the head of the Office
and who shall be appointed conjointly by the President of the Council
and the Mayor and removable at the pleasure of the Common Council.
The office shall have such other employees as the Common Council may
provide.
The Director shall possess the ability to prepare clear, comprehensive,
technical and administrative reports.
The duties of the Director shall include:
A.
Submitting an annual report to the Common Council, Comptroller and
Mayor on or before the 31st day of March each year. Said report shall
include an analysis of the local cable company's compliance with
the requirements of the franchise agreement, an analysis of current
and prospective activities of telecommunications service providers
with the City, an explanation of any legislative or technical development
that may impact upon the field of telecommunications and any other
communications.
B.
Serving as a liaison for the City with the cable operator, state
and federal authorities concerned with cable communications, other
telecommunications service providers and with any organizations established
to administer access channels.
C.
Receiving, investigating and resolving complaints concerning the
operation of the system.
D.
Receiving and reviewing all data and reports and making such recommendations
to the Common Council and Mayor as warranted.
E.
Coordinating and overseeing development of the government access
channel and the implementation of a multimedia institutional network
for the City of Buffalo.
F.
Monitoring the operator's compliance with the franchise agreement
and assist all appropriate City departments responsible for some aspect
of the franchise agreement, including assessing fines against the
operator for nonmaterial breaches of the franchise agreement.
G.
Reporting to the Common Council on a regular basis and making policy
recommendations.
H.
Recommending studies, surveys or other actions ensuring the cable
company's compliance with the franchise agreement and fostering
the development of advanced cable technology in the City of Buffalo.
I.
Negotiating with current and prospective telecommunica-tions service
providers operating or seeking to operate within the City.
There is hereby established a Telecommunications Advisory Board
in the City of Buffalo.
The Board shall consist of seven members appointed by the Common
Council. The terms of the members shall be for three years, except
that of the members first appointed, two shall serve for a period
of one year and two shall serve for a period of two years. All members
shall serve without compensation.
The Board shall adopt its own bylaws and elect its own Chair.
The Board shall hold at least six meetings a year and keep an accurate
record of its meetings and activities.
The Telecommunications Advisory Board shall make
recommendations to the Common Council, Mayor and Comptroller as requested
or deemed appropriate regarding policies related to cable communications
in the City of Buffalo.
[Added 11-3-1999, effective 11-17-1999]
The Office of Telecommunications will operate and manage the City's videoconferencing facilities. The Director shall develop rules for the facilities' use by City and noncity personnel. Rates governing the use of the facilities shall be as set forth in Chapter 175, Fees, of the Code of the City of Buffalo.
