An ordinance amending Section 6.08.080 of the Metropolitan Code to provide for the creation of an Educational Access Corporation to ensure public educational access and use of educational access channels on cable systems operating under franchises from Metropolitan Government.

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 shall be and the same is hereby amended by adding the following new provisions:

"F. Educational Access Corporation.

1. It is the intent of metropolitan government to ensure that the educational access channel(s) are governed by an independent, nonprofit corporation, termed the "Metropolitan Educational Access Corporation" (MEAC), such that these channels may be free of censorship, partisan politics, and available for all forms of public educational programming for persons or all ages, including instructional programming.

2. The incorporators of the MEAC shall consist of seven people, each of whom shall be appointed by the metropolitan county mayor and confirmed by the metropolitan county council. No agent, employee, or representative of a franchisee, nor any officer or employee of the metropolitan government shall be qualified to serve as an incorporator of the MEAC. In no event shall membership of the MEAC be limited to subscribers of cable television.

3. Within sixty (60) days after appointment and confirmation, the incorporators of the MEAC shall prepare and submit to the metropolitan county council for approval by resolution on the advice of the CATV special committee a proposed charter for the MEAC as a not-for-profit corporation under the general corporation laws of the state of Tennessee. The charter for the MEAC shall be structured so that it will meet the appropriate criteria for a nonprofit organization under the federal Internal Revenue Code and rules and shall include, but not be limited to, the following:

a. That the incorporators of the MEAC shall serve as the first board of directors of the MEAC from and after the date of incorporation of the MEAC and for a period of one year thereafter or until their successors have been duly appointed and confirmed;

b. That no later than six months after the date of incorporation of the MEAC, the board of directors of the MEAC shall be composed of seven qualified persons, each of whom shall serve for a term of three years or until their successors have been duly appointed and confirmed. The members of the board of directors of the MEAC shall be appointed by the metropolitan county mayor and confirmed by the council. Not more than two of the members shall be residents of the same metropolitan councilmanic district. No agent, employee, or representative of a franchisee, nor any officer or employee of the metropolitan government shall be qualified to serve as a member of the board of directors of the MEAC. The terms of the initial members of the board of directors shall be staggered, with three members being initially appointed for a one year term, two members being initially appointed for a two year term, and two members being initially appointed for a three year term. Vacancies occurring during the term of any member shall be filled by the same method as the appointment of the member in whose position the vacancy occurs.;

c. That the functions of the MEAC shall include, but not be limited to, the following:

i. Responsibility for program production for and management of the educational access channel(s) on all cable systems and the day-to-day operation of the educational access channel(s);

ii. To devise, establish and administer all rules, regulations and procedures pertaining to the use and schedule of the educational access channel(s);

iii. To hire and supervise staff of the MEAC;

iv. To make all purchases of materials and equipment that may be required;

v. To develop additional sources of funding, such as foundation or federal or state grants, to further educational programming.

vi. To develop and promote the use of such educational access channel(s) by all schools, colleges, universities, and other organization with educational missions within the franchise area; and

vii. To perform such other functions relevant to the educational access channel(s) as may be appropriate.

4. After the metropolitan county council approves the proposed charter of the MEAC, the proposed charter shall be filed with the Secretary of State of the state of Tennessee. After same has been issued by the Secretary of State, it shall be recorded in the office of the registrar of Davidson County. The director of the department of metropolitan finance shall advance the necessary filing and recording fees.

5. The MEAC shall allow the director of finance or his duly authorized agent full and complete access to any of its books, records, accounts, financial statements and other like material for the purpose of auditing in such manner as he may deem appropriate. The MEAC shall annually obtain an audit of its financial statements by a qualified and independent accounting firm approved by the director of finance.

SECTION 2. The MEAC shall not exercise any of the functions authorized by this ordinance until it has developed an approved business plan that clearly outlines its procedures and methods of managing the responsibilities outlined in this ordinance and develops a plan to finance its operations. The business plan required by this section, including the financial plan, shall be approved by the Public, Educational and Governmental Access Oversight Committee, the Director of Finance and the Council. The Director of Finance shall provide MEAC with technical assistance in developing its business plan. Should MEAC fail to develop a business plan that is approved by June 30, 2003 it shall cease to exist.

SECTION 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Lynn Williams & Bob Bogen

LEGISLATIVE HISTORY
Introduced:	September 18, 2001
Passed First Reading:	September 18, 2001
Referred to:	Education Committee Personnel-Public Information Committee
Passed Second Reading:	October 2, 2001
Passed Third Reading:	October 16, 2001
Approved:	October 17, 2001
By: