[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 5-5-1977 by L.L. No. 5-1977 (Ch. 58 of the 1964 Code). Amendments noted where applicable.]
The Board of Trustees of the Village of Westbury has determined that the advent of availability of cable television service to subscribers in the Village of Westbury pursuant to a franchise for such service that is about to be granted by the Board of Trustees to a commercial supplier of such service will, in the judgment of the Board of Trustees, necessitate ongoing regulatory action on the part of the Village of Westbury (hereinafter referred to as the "village"). Such regulation is required to ensure strict compliance with the terms and conditions of the franchise, coordination of cable construction, appropriate resolution of subscriber complaints, public service utilization of the cable television system, matters of rate regulation, inspection of the franchisee's records and other regulatory matters. Accordingly, it is deemed essential to establish a Village Cable Television Commission to regulate, to the extent permitted by law, the provision of cable television service to subscribers within the village for the benefit of the welfare and economic and recreational well-being of present and future inhabitants of the village and others.
Unless otherwise expressly provided, the following words, for the purpose of this chapter, shall have the meanings herein indicated:
- BOARD OR VILLAGE BOARD
- The Board of Trustees of the Village of Westbury.
- CABLE TELEVISION SERVICE
- The use of cables, wires, conductors and other apparatus located in, under or above the streets, highways, alleys, sidewalks or public lands and places of the village for the transmission, reception, amplification and distribution of television signals, frequency-modulated radio signals and closed-circuit television programs to the premises of subscribers within the village.
- The Incorporated Village of Westbury, Nassau County, New York.
The Board hereby creates a Commission which shall be known as the "Westbury Village Cable Television Commission."
The Board shall, by resolution, fix the number of members of the Commission at a number not less than three nor more than five. Members shall be appointed by the Mayor with the approval of the Board. The term of office shall be three official years or until the member's successor is appointed and qualifies, except that the members first appointed shall be appointed for the official years expiring not more than one, two and three years, respectively, subsequent to their appointments, and the term of one member shall expire annually thereafter.
Persons residing within the County of Nassau who are over 18 years of age and who are interested in the proper provision and regulation of cable television service shall be eligible for appointment as members of the Commission. At least one member of the Commission shall be an attorney at law.
Vacancies on the Commission shall be filed in the same manner as the original appointment, except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term.
The Mayor, the Chairman of the Planning Board and other officials of the village that may hereafter be designated by the Mayor shall be ex officio members of the Commission.
The Mayor, with the approval of the Village Board, shall appoint one member of the Commission as Chairman at the annual organizational meeting of the Board each year for the ensuing year. At the first meeting of the Commission following each official year of the village, the Chairman of the Commission shall appoint a Vice Chairman and a Recording Secretary. The Commission shall adopt rules and procedures for the conduct of its meetings and business. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 14-7 of this chapter. The Chairman of the Commission shall appoint committees thereof as deemed necessary.
The powers and duties of the Commission shall be:
To enforce, by appropriate orders and directions of the Commission, compliance by cable television service franchisees with the terms and conditions of their respective present and future franchise agreements with the village.
To investigate complaints made to the Commission by subscribers and others within the village with respect to the access to the facilities of franchisees, the charges made for installation, service and use of such facilities, equipment rental and other charges, the quality of service provided by franchisees, billing and other matters pertaining to such service and, where feasible, to assist in resolving such complaints by appropriate order or otherwise.
To advise the Board of Trustees on all matters affecting the provision of cable television service to present and future inhabitants of the village and to recommend appropriate changes in this chapter and regulations relating to cable television service.
To review, evaluate and make recommendations to the Board of Trustees of the village with respect to renewal of existing franchises and to proposals for award of future franchises for cable television service to inhabitants and others within the village.
To inspect the books, records and other information sources of any franchisee as permitted or required by the terms of any franchise agreement now or hereafter entered into by the village.
To meet periodically with franchisees as provided by franchise agreements to discuss the manner in which such agreements are being implemented and such other topics as are of interest to the village and franchisees. The Commission may delegate this duty by its rule or regulation to a committee or to one or more members of the Commission.
In cooperation with the Planning Board, to conduct studies, surveys and investigations as necessary with respect to present or future provision of cable television service within the village as may be necessary to carry out the general purposes of this chapter.
To maintain liaison and communication with franchisees, federal and state regulatory bodies and public and private agencies, institutions and individuals of local, state or national scope whose activities have an impact on the quality or availability of cable television service and who can be of assistance to the Commission.
To coordinate, assist and unify efforts of private groups, institutions and individuals within the village to assist the Commission in the exercise of its powers and the discharge of its duties under this chapter.
To plan, coordinate and make arrangements for cablecast by the village of local programming of a civic and informational nature and public emergency broadcasting and two-way voice and data transmission by the village as available, utilizing the facilities of present and future franchises in accordance with applicable state and federal regulations and the terms and conditions of the respective present and future franchise agreements.
To make recommendations with respect to the installation and use of service connections and radio-frequency distribution systems in village buildings for the provision of cable television service to such buildings.
To carry out such other duties as may be assigned from time to time by the Board of Trustees.
The Commission shall submit an annual report to the Board of Trustees, not later than the first day of April of each year, concerning the activities and work of the Commission and from time to time shall submit such other reports and recommendations as may be necessary to fulfill the purposes of this chapter.
The members of the Commission shall receive as compensation for their services as members the sum of $20 per meeting or such other compensation as the Board may from time to time establish by resolution adopted at a regularly scheduled public meeting.
The Commission shall submit annually to the Board a proposed budget for official approval and ratification, and all expenses of the Commission shall be paid from funds so appropriated.
This chapter shall be deemed an exercise of the powers of the village to regulate the use of public streets, highways, sidewalks, alleys and other public lands for the provision by franchisees of cable television service to present and future inhabitants and other persons within the village for their welfare and economic well-being. This chapter is not intended and shall not be deemed to impair the powers of any other public corporation or regulatory agency or authority having jurisdiction over cable television service.