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An ordinance amending certain sections and subsections of Chapter 6.08 of the Metropolitan Code of Laws to allow the Nashville Public Library to assume operations of and responsibility for the Nashville Education, Community, and Arts Television Corporation.
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WHEREAS, Resolution RS2022-1364 approved an intergovernmental agreement that allowed Nashville Public Library (“NPL”) to assume the Nashville Education, Community and Arts Television Corporation’s (“NECAT”) responsibilities for operating and programming Metro-owned cable channels for art, education and public community access for a temporary assessment period to assess whether it was an efficient and creative way to enhance the programming content of these channels; and,
WHEREAS, NPL’s assumption of NECAT’s operations and responsibilities, including employment and supervision of NECAT personnel, has been successful for both parties, and both parties determined that NPL’s assumption of NECAT operations and responsibilities should be permanently transferred to NPL; and,
WHEREAS, it is in the best interest of the people of Nashville and Davidson County to permanently transfer NECAT’s operations and responsibilities to NPL.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 6.08.080 of the Metropolitan Code is hereby amended by deleting subsection F in its entirety and substituting in lieu thereof the following new subsection:
F. Nashville Education, Community, and Arts Television
1. It is the intent of the metropolitan government to ensure that the public and educational access channels are governed by public library board, such that these channels may be free of censorship, partisan politics, and available for all forms of public expression, community information, and educational programming for persons of all ages.
2. That the chief librarian shall maintain and advance public and educational access channels by performing functions including but not limited to the following:
i. Devise, establish and administer all rules, regulations and procedures pertaining to the use and schedule of the public and educational access channels;
ii. Accept additional funding from public and private sources, such as foundation or federal or state grants, to further public and educational programming;
iii. Develop and promote the use of such public and educational access channels by residents;
iv. and all schools, colleges, universities, and other organizations with educational missions within the franchise area;
v. Develop programming guidelines that are compliant with applicable law, including the FCC regulations; and,
vi. Perform such other functions relevant to the public and educational access channels as may be appropriate.
3. Public and educational access production facilities and equipment owned or leased by the metropolitan government shall be managed and operated by the Nashville Public Library. Nothing herein shall be construed to give the Metropolitan Department of Information Technology Services any control over the content of public or educational access programming.
4. The chief librarian shall submit channel and/or bandwidth allocation recommendations to the CATV special committee. The CATV special committee shall allocate and coordinate access to channel and/or bandwidth capacity provided pursuant to the requirements imposed by law or by agreement upon owners and operators of franchises for cable communications, provided such allocation and coordination of access shall not become effective unless and until ratified by the council by resolution.
5. In no event shall the public library board or the chief librarian have any authority or control of government access television, which is managed and operated by the Metropolitan Department of Information Technology Services.
Section 2. Section 6.08.080 of the Metropolitan Code is hereby amended by deleting subsection G in its entirety.
Section 3. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 6.08.080 of the Metropolitan Code of Laws to allow the Nashville Public Library (“NPL”) to assume operations of and responsibility for the Nashville Education Community, and Arts Television Corporation (“NECAT”).
NPL first assumed NECAT’s operations and responsibilities under an intergovernmental agreement, approved by Resolution No. RS2022-1364. NECAT operates and programs Metro-owned cable channels for art, education and public community access. Section 6.08.080(F) and (G) of the Metropolitan Code of Laws currently establishes NECAT and outlines its structure.
The proposed ordinance amends Section 6.08.080 to provide that public and educational access channels are governed by the NPL Board. The NPL director would maintain and advance public and educational access channels by performing the following: the establishment and administration of all rules, regulations, and procedures pertaining to the use and schedule of the public and educational access channels; acceptance of additional funding to further public and educational programming; development of and promotion of public and educational access channels; and performance of other functions relevant to the public and educational access channels as may be appropriate.
NPL will also manage and operate any public and educational access production facilities or equipment owned or leased by the Metropolitan Government. The NPL director must submit channel and/or bandwidth allocation recommendations to the CATV Special Committee, which will allocate and coordinate access to channel and/or bandwidth capacity provided by law or contract with cable communications owners or operators. Such allocation and coordination of access require approval by Metropolitan Council resolution.
This ordinance would not transfer any authority or control of government access television, which would be managed by the Metropolitan Department of Information Technology Services.