[Adopted 9-15-1981 (Ch. 2, Art. VIII, of the 2010 Code)]
[Amended 11-13-1984]
Pursuant to the authority contained in MGL c. 166A and the rules and regulations issued pursuant thereto, there shall be a Cable Television Advisory Commission (hereinafter referred to as the "Commission") consisting of five members to be appointed by the Mayor. The Mayor shall initially appoint the five members for terms as follows: one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, respectively, from the first Monday in January next following such appointment and until their successors are qualified. Thereafter, as the term of office of any member expires, the Mayor shall annually, before the first Monday of January, appoint his/her successor for a term of five years. A vacancy in the Commission shall be filled in like manner for the remainder of the unexpired term. The term "issuing authority," as used in this article, shall be synonymous with the term "Mayor" as provided by MGL c. 166A.
A. 
The Commission shall have authority to create policy and/or regulate ongoing matters concerning administration of the cable television system as well as other matters related to the license, subject to the issuing authority's ultimate authority and approval, as set forth in MGL c. 166A and other applicable regulations.
B. 
Subject to appeal to and the authority of the issuing authority, the licensee shall recognize the Commission as vested with the powers and rights of the issuing authority. The Commission may adopt any rules and regulations necessary to carry out the provisions of the license, subject to the approval of the issuing authority, which rules shall be binding on the licensee and on the public. The licensee shall not be relieved of its obligations to comply promptly with any of the provisions of the license by any failure of the City or said Commission to enforce prompt compliance.
C. 
The Commission, in addition to any other functions assigned to it by the issuing authority or in the license, shall have the following functions:
(1) 
To advise the issuing authority on matters which might constitute grounds for revocation of the franchise in accordance with the license and any applicable law, ordinance or regulation.
(2) 
To establish procedures for the hearing and disposition of complaints from any person, firm, corporation or other entity relating to the operation of the system.
(3) 
To report annually to the issuing authority, in writing, on the regulation of rates and the addition or discontinuance of any services and the modification or other revision of any term or condition in the license. This report shall include an account of franchise fees received and distributed, the total number of hours of utilization of access channels, hourly subtotals for various programs and categories and a review of any plan submitted during the year by the licensee for development of new services.
(4) 
To work with the licensee's program director in order to help stimulate community programming of the access channels and in order to help coordinate the licensee's consultant services for the best use of facilities and access channels.
(5) 
To supervise cable operations to ensure fair and nondiscriminatory availability of public access channels.
(6) 
To appropriately designate its representatives to inspect all construction work performed subject to the provisions of the license and to make such inspections at any time it deems necessary to ensure compliance with the terms of the license and other pertinent provisions of law.
(7) 
To audit all license records required of the licensee by MGL c. 166A, by the CATV Commission, or by the Federal Communications Commission and at the Commission's discretion to require the preparation and filing of information additional to that required herein.
(8) 
To conduct evaluations of the system and the license annually with the licensee and, pursuant thereto, make recommendations to the issuing authority for amendments to this license.
(9) 
To maintain vigilance regarding possible abuses of privacy.
(10) 
To develop and publish, and amend as necessary, from time to time, the Commission's rules and procedures to define its functions and responsibilities. The Commission shall submit the same to the issuing authority for approval prior to publication.
(11) 
To be directly responsible, in the event a subscriber is aggrieved, for receiving and acting upon such subscriber complaints or inquiries.
(12) 
To review changes in service rates. Said changes must be submitted to the Cable Television Advisory Commission by the licensee at least 30 days prior to said changes, and the licensee shall provide necessary and proper justification for such service rate changes.
[Added 11-13-1984; amended 5-23-2000[1]]
The members of the Commission shall be paid such compensation as shall be determined from time to time by the Municipal Council. Compensation shall be paid in December of each year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).