815 R.I. Code R. 815-RICR-10-05-1.15

Current through December 3, 2024

Section 815-RICR-10-05-1.15 - Advisory Bodies

1.15.1Service Area Citizens' Advisory Committees

A. The Administrator shall appoint Service Area Citizens' Advisory Committees in accordance with this chapter.

B. Effective January 15, 2010, any active Service Area Citizens' Advisory Committees, which are duly constituted in accordance with § 1.15 of this Part may elect to remain in existence at their option. Provided however, any Service Area Citizens' Advisory Committees, which are deemed inactive by the Administrator may be disbanded at the discretion of the Administrator. All appointments to Service Area Citizens' Advisory Committees after the effective date set-forth in this subsection shall be made at the discretion of the Administrator. A municipality may request the Administrator review the need for additional Service Area Citizens' Advisory Committees on an ad hoc basis provided such request is supported by a city or town council resolution setting-forth the reasons for such request.

C. Service Area Citizens' Advisory Committees shall consist of the following:

1. from each municipal government in the service area, one (1) representative. Municipal representatives shall be nominated by the highest elected municipal official in each Municipality, with the advice and consent of the municipal council. If no nomination is received within forty-five (45) days of notification, the chairman of the advisory committee shall make the nomination. If a nomination is not received from the chairman of the advisory committee within another forty-five (45) days, the Administrator may move forward with appointments as he deems appropriate;

2. at least one (1) representative of municipal school systems in the Service Area, after consultation with the Superintendents of the school systems in the Service Area;

3. one (1) representative of post-secondary higher education, if interested;

4. not less than three (3) and not more than five (5) representatives of the general public; and

5. the managers of each CATV Certificate holder for that Service Area (or his/her designee), and one (1) representative from RIPTA, as non-voting members.

6. Membership of such committee (and of any such sub-committees as they may appoint) shall be as broadly representative of the interests of the community as possible. Except for the CATV Certificate holders' representatives and that of RIPTA, appointees shall be residents of that Service Area, and shall not be commercially involved in the CATV industry.

D. Members of Service Area Citizens' Advisory Committees shall serve without remuneration for a period of three (3) years. Original appointments shall be for terms of one, two or three (1, 2, or 3) years with subsequent appointments for a term of three (3) years, so that the terms of one-third of the committee's member expire in any year. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments; however, vacancies for reasons other than expiration shall be filled only for the unexpired portion of the term.

E. The members of each Service Area Citizens' Advisory Committee shall choose a chairman from among themselves, and may appoint such subcommittees as it sees fit to deal with specific issues or segments of community interests. Meetings shall be held no less than four times annually, or at the call of the chairman. All meetings shall be open to the public.

F. Each Service Area Citizens' Advisory Committee shall have the following duties and responsibilities:

1. to inform itself and the public about cable television;

2. to advise the CATV Certificate holder and RIPTA of community needs and concerns;

3. to assess on an ongoing basis, the communications needs and desires of the residents of the proposed or existing Service Area; to analyze how the services which can be provided by CATV Systems can satisfy those needs; and to make periodic written reports to both the Administrator, the CATV Certificate holders (if any), and RIPTA stating the communications needs and desires of the residents of the proposed or existing Service Area, and making recommendations on the means of satisfying those needs (which, in the case of a proposed service area, or an existing Service Area for which no Compliance Order Certificates have been issued, may include a description of the CATV System it deems best suited to meet those needs);

4. to advise and make recommendations to an Electing CATV Operator and RIPTA on the development of operating rules for PEG access channels governing continuing administration of those channels;

5. to advise and make recommendations to an Electing CATV Operator and RIPTA and community agencies on programming policies and development and acquisition of programs for PEG access channels and Institutional Networks preserved by §1.7.3(B) of this Part;

6. to assist an Electing CATV Operator and RIPTA in the promotion of PEG access channels;

7. to recommend to the Administrator, in consultation with the Certificate holder and affected agencies, which public buildings and non-profit organization buildings within the Service Area should receive free residential service;

8. to advise and make recommendations to Certificate holders and RIPTA on the utilization of the statewide interconnection facilities and channels;

9. effective March 31, 2011, to file annually with the Division, on or before March 31, a written report containing a summary of the committee's activity for the previous calendar year; and minutes for meetings held during the previous calendar year; and

10. to perform such other duties as the municipal governments of that Service Area, in consultation with the Administrator, may specify in writing.

G. Service Area Citizens' Advisory Committees shall promptly furnish copies of all reports to the Administrator, to RIPTA, and to municipal officials and the CATV Certificate holder for that Service Area.

1.15.2Cable Television Advisory Council

A. There may be established by the Administrator a permanent Cable Television Advisory Council consisting of twelve (12) members, three (3) representatives of all the CATV Certificate holders in the State, one member from RIPTA and eight (8) public members, as provided below, all of whom shall serve without remuneration.

B. Ex-officio members of the Council shall be considered for appointment to the Council upon application to the Administrator.

C. Each representative of the CATV Certificate holders shall be the manager or designee of a Certificated CATV Company in this State. These representatives shall be appointed by the Administrator for a two (2) year term on a rotating basis. Original appointments of these representatives shall be made for terms of one and two (1 and 2) years, with subsequent appointments for a two (2) year term.

D. Public Members of the Council shall be selected by the Administrator from nominations submitted by the Service Area Citizens' Advisory Committees in the various franchised parts of the State, and shall include at least three (3) chairmen of Service area Citizens' Advisory Committees. All public members shall be appointed for a term of three (3) years. Original appointments of public members shall be for terms of one, two, or three (1, 2, or 3) years with subsequent appointments for a term of three (3) years, so that the terms of one-third of the public membership of the Council shall expire in any year. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments; however, vacancies for reasons other than expiration shall be filled only for the unexpired portion of the term. Public members shall be as broadly representative of the State as possible.

E. The Administrator shall designate a member of the Council as its chairman; however, only public members shall be eligible to serve as chairman. The Council shall meet at the call of its chairman.

F. The Cable Television Advisory Council shall have the following duties and responsibilities:

1. to advise the Administrator on the development, adoption and implementation of rules, regulations and policies governing CATV systems in the State; and

2. to advise the Interconnect of statewide needs and concerns, and on policies governing continuing administration of that system designed to meet those needs and concerns.

815 R.I. Code R. 815-RICR-10-05-1.15