[Adopted 3-7-2011 by Ord.
No. 5.21.11[1]]
[1]
Editor's Note: This ordinance also provided that it would
be effective upon passage and ratification of the franchise agreement
by the Common Council, Mayor, and approval of the Public Service Commission
(PSC).
A.
The City of Albany negotiated a certain franchise agreement with
Time Warner Cable (hereinafter "TWC"). Pursuant to Section 10 of said
franchise agreement, TWC shall 1) provide the City with access channel(s)
designated for noncommercial public, educational, and governmental
use (otherwise known as "PEG" access), as required by Part 895.4 of
the New York State Public Service Commission (PSC) rules on cable
television, and 2) provide to the City funding for equipment as described
in Appendix A of the franchise agreement. This equipment will be used
exclusively for the production of PEG access programming or in connection
with course work or other training intended to provide students with
editing, programming, multimedia or similar skills which may be used
in PEG programming production.
B.
The Mayor and the Common Council find and declare that it is in the
public interest of the citizens of the City of Albany to establish
a board to oversee implementation of PEG access, the cable television
public access facility/studio in the City of Albany and to promote
public awareness of public access in the City.
There is hereby created a City of Albany cable television Public,
Education and Government Access Oversight Board (hereinafter referred
to as the "PEGAOB") for the purpose of overseeing the cable television
public access facility/studio in the City of Albany and general implementation
of PEG access.
The purpose of this legislation is to create an oversight body
that shall:
A.
Assist in the development of public, education and government access
television in the City, including by promoting the use of the public
studio to citizens and groups throughout the City;
B.
Oversee
the cable television public access facility/studio and assist the
Public Access Coordinator, who shall be responsible for the day-to-day
operation of the public access facility/studio;
C.
Review
memorandums of understanding between the City and relevant entities
to assure implementation of PEG access;
D.
Make recommendations
on the success of the programs in Phase I of PEG funding and based
upon said findings make recommendations for expenditures of Phase
II funding.
A.
The PEGAOB shall be composed of 11 voting members, four of whom shall
be appointed by the Common Council and three of whom shall be appointed
by the Mayor; however, one such Mayoral appointee shall be subject
to the restrictions described below. The term of each member shall
be three years; provided, however, that of the initial members, two
appointed by the Common Council shall serve for a one-year term; one
appointed by the Common Council and one appointed by the Mayor shall
serve for a two-year term; and one appointed by the Common Council
and one appointed by the Mayor shall serve for a three-year term.
The remaining members of the Board shall be composed of the following:
one representative from the Albany City School District; one representative
from the College of St. Rose; one representative from the Albany Community
Development Agency; one representative from the Albany Public Library
District; and one current or former member of the local radio or television
broadcast community who shall be appointed by the Mayor upon consultation
with the PEGAOB Chairperson.
[Amended 12-2-2013 by Ord. No. 49.101.13; 8-1-2022 by Ord. No. 15.62.22]
B.
A minimum of four of the six members appointed by the Common Council
and the Mayor shall be residents of the City of Albany and possess
knowledge and interest in promoting public access cable television
in the City of Albany. One Council appointment and one Mayoral appointment
to the Board may reside outside of the City of Albany if said appointee
provides a unique and desired expertise and commitment to the cause
of public access television in Albany. In making such appointments,
the Common Council and Mayor shall endeavor to reflect the community
diversity of the City of Albany.
[Amended 12-2-2013 by Ord. No. 49.101.13]
C.
The Mayor shall have the authority to designate one of the voting
members as the initial Chairperson to serve for a term of one year;
thereafter, members of the PEGAOB shall annually elect a Chairperson
and such other officers as may be determined by the PEGAOB.
D.
Members of the PEGAOB shall serve without compensation. Vacancies
shall be filled in the same manner as the predecessor to fill the
unexpired term.
E.
Six members of the PEGAOB shall constitute a quorum. Action cannot
be taken without a minimum of six concurring votes of the membership.
The PEGAOB shall meet no less than quarterly for the purpose
of conducting any business necessary to the operation of the PEGAOB.
The PEGAOB may meet at such additional times and places as deemed
necessary by its members, or on the call of the Chairperson. All meetings
of the PEGAOB shall be held in accordance with Article 7 of the New
York State Public Officers Law (Open Meetings Law) and shall provide
a reasonable opportunity for public comment in accordance with rules
and guidelines adopted by the PEGAOB.
The PEGAOB shall prepare an informational pamphlet on, and regularly
publicize, the mission and purpose of the PEGAOB.
The PEGOAB shall report annually on or before February 1 to
the Common Council regarding its activities and performance, including
recommendations, if any, to the Mayor and the Common Council.
If any clause, sentence, paragraph, sections or part of this Part 38 be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
