Policies and Procedures

XI. APPENDIX

C I T Y of A L B U Q U E R Q U E
ELEVENTH COUNCIL COUNCIL BILL NO. 0-56 ENACTMENT NO.
49-1994 SPONSORED BY: Michael Brasher

ORDINANCE AMENDING SECTION 13-5-2-2 ROA 1994, THE TV 14 BOARD OF DIRECTORS ORDINANCE,
CONCERNING TECHNICAL CORRECTIONS AS TO THE BOARD BE IT ORDAINED BY THE COUNCIL,
THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

Section 1. SECTION 13-5-2-2 ROA 1994 is amended to read:
SECTION 13-5-2-2 GOVERNMENT CABLE CHANNEL - BOARD OF DIRECTORS.

(A) SHORT TITLE.
Title ordinance shall be known as the TV 14 Board of Directors Ordinance.

(B) AUTHORITY.
The Cable Communications Policy Act of 1984 permits local governments to promulgate rules and procedures governing the use of TV 14.

(C) LEGISLATIVE PURPOSE.
The City and the County own and operate the TV 14 cable television station in order to provide local government access to its residents. The existing Cable Advisory Board (see Sec. 13-5-2-1) does not have the authority to effectuate policy, rules and/or procedures for operation of TV 14, and there is a need for a Board of Directors to establish policy for all programming of TV 14. The City and the County also wish to promote a well educated electorate with a programming schedule that is both newsworthy and educational.

(D) BOARD ESTABLISHED.
There is hereby established the TV 14 Board of Directors to consist of members appointed by the Mayor, the City Council and the Bernalillo County Commission.

(E) MEMBERSHIP AND ORGANIZATION.
The TV 14 Board of Directors shall consist of non-elected persons. Members should be experienced and knowledgeable in television broadcasting and/or cable operations. Except as provided in this section, the qualifications appointment and conduct of the member of the Board and the organizational structure of the Board shall be Governed by Sections 2-6-1-1 et seq. Staff support for the Board of Directors will be provided by the City and County in order to assist the Board with any technical advice, research and/or operational data.

(F) APPOINTMENT OF THE BOARD.
The Board of Directors shall be appointed as follows:

(1) One member appointed by the Mayor;
(2) One member appointed by the City Council;
(3) One member appointed by the Bernalillo County Commission; and
(4) The Chairman of the Cable Franchise and Hearing Board.

(G) TERMS. The term of each Board member shall be as follows:

(1) The Mayor's appointee will have a term expiring January 30, 1996;
(2) The Council's appointee will have a term expiring January 30, 1995; and
(3) The Commission's appointee will have a term expiring January 30, 1994.

(H) DUTIES OF THE BOARD.
The Board shall have and perform the following duties and functions:

(1) Establish policy on programming rules, grievance procedures and operational criteria;
(2) Vigorously pursue a diversified programming schedule that is of value and interest to the electorate of Albuquerque;
(3) Develop policy on the role of GOV TV in all politically oriented programming;
(4) Ensure that all policy and recommendations are consistent with the Federal Communications Commission (FCC) rules and requirements for regulating a cable broadcasting station; and
(5) Work closely with the GOV TV staff to develop annual policy recommendations to the Administration for approval of the Albuquerque City Council and the Bernalillo County Commission. The Board shall not be involved in the day-to-day management of the channel. Management and budget authority will remain with the Mayor and County Commission. The policy developed by the Board and approved by the Council and the Commission, however, will be carried out and adhered to by the management of GOV TV.

Section 3. SEVERABILITY CLAUSE.
If any section, paragraph, sentence, clause, word, or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance., The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.

Section 4. COMPILATION.
This ordinance shall be incorporated in and compiled as part of the Revised Ordinances of Albuquerque 1994.

Section 5. EFFECTIVE DATE.
This ordinance shall become effective five days after publication in full.

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