Bill No.
28-14
Concerning: Cable Communications ­
Community Media Organizations
Revised:
4116114
Draft No.
..L..
Introduced:
May 6,2014
Enacted:
July 15,2014
Executive:
July 23. 2014
Effective:
Ocbober22.2014
Sun~tDme: -=Non~e
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Ch,~,
Laws
of Mont Co.
2014
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: COlIDCil President
at
the Request ofthe County Executive
AN
ACT
to:
(1)
(2)
expand the scope ofthe County's community media contracting authority; and
generally amend County law concerning cable communications.
By amending
Montgomery County Code
Chapter 8A, Cable Communications
Sections 8A-3 and 8A-32
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Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law
by
original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqtfected by bill.
The
County Council for Montgomery County, Maryland approves the follOWing Act:
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BILL No. 28-14
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Sec. 1. Sections
8A-3
and
8A-32
are amended as follows:
8A-3.
Definitions
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provides services
to:
(1)
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Community [access] media organization
means a nonprofit corporation that
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support the production of local programming or the operation of local
access channels, or both;
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(2)
(3)
serve viewers as well
as
program producers; and
promote high quality productions, responsible and diverse points of
view, and balance in subject matters.
*
(a)
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*
8A-32.
Community [access] media organizations.
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The County may contract with one or more community [access] media
organizations using
funds
from the Cable TV Special Revenue Fund or
any other
funds
the County designates for community [access] media in
the
approved
County
budget and
under
the
County
cable
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communications plan. Unless prohibited or otherwise limited under its
contract with the County, the cable communications plan, or any
executive regulation, a community [access] media organization may
also receive revenues from other sources.
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®
The purpose of
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community media organization is to provide
equipment,
facilities,
centers,
and
community media training,
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community media engagement platfonns to enable residents, businesses
and community organizations to engage with, connect
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and infonn
other residents, businesses, community organizations, governments and
agencies
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using community media
Supporting community
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engagement, communication, and education through community media
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BILL No. 28--14
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and use of community media engagement platforms builds better
understanding among
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diverse population, increases opportunities for
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participation in and awareness of local culture and government, and
promotes quality of life and economic development.
[(b)]
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The County may require a community [access] media organization to
perform one or more of the following functions as specified in the
contract between the County and the community [access] media
organization:
(l)
manage the community media
eng~ement
platforms, including
public access channels assigned to it by the County" [[and]]
community media websites[[,J] and social media, and manage
community media centers, facilities. and equipment;
(2)
establish policies and procedures for the [form, content, and
scheduling of public access channels] use of any community
media
eng~ement
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platform and any community media center,
facility, or equipment;
(3)
train
members of the community in the production of [cable
programs] community media and use of any community media
engagement platform;
(4)
maintain [facilities and] any community media
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eng~ement
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platform and community media center, facility, or equipment for
community use,l including use
the general public, any
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community organization, and the business community;
(5)
provide technical [access channel] community media
eng~ement
platform and community media center, facility and equipment
assistance and support to the County, any participating
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BILL
No.
28-14
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[municipalities] municipality, and any educational [institutions]
institution;
(6)
promote the use and benefits of [the public, educational and
government access channels] community media and any
community media engagement platform;
(7)
produce and [transmit] distribute local community media,
. including community news.1 [and other] programs and other
media content; and
(8)
undertake any other [cable] community media-related activity
specified by the County asbeing in the public interest.
[(c)]
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A community [[access]] media organization must:
(1)
determine independently in the public interest and without
government interference the content and scheduling of
programming for [the public access channels assigned to it] any
community media engagement platform;
(2)
develop and implement policies to ensure fair, non-partisan and
unbiased coverage of issues on [the public access channels
assigned to it] any community media engagement platform and
may not promote the candidacy of any candidate for public
office by extending opportunities for use not extended to other
candidates for the same office;
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ill
[require that each officer, director, and executive director file a
confidential financial disclosure statement in accordance with
Chapter
19A
with respect to all communications-related activities
and interests] develop and implement policies and programs that
promote organizational sustainability and viability;
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BILL
No.
28-14
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[(4)
have on its board of directors one voting member selected by
each ofthe following:
(A)
the Montgomery County Chapter of the Maryland
Municipal League;
(B)
(C)
the City of Rockville
the City of Takoma Park; and
each franchise except for limited franchisees;]
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CD)
[(5)
develop and implement fair and reasonable procedures
to
allow
members of the community access organization
to
nominate and
elect 8 residents of the County to serve on its board of directors.
Member means any individual who resides in the County and, at
least 15 days before the deadline for voting for directors;
(A)
is certified by the organization to' use the organization's
equipment or facilities; or
(B)
request the organization's program guide;]
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[(6)]ffi promote and encourage [programming] creation of community
media content representing a diversity of community interests
and needs; and
[(7)]ill make a good faith effort to meet the affirmative action and
minority, female, and disabled procurement goals that apply to
County government.
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Any officer, director, or executive director of
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community media
organization must file
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confidential financial disclosure
statement
under
Chapter
19A
with
respect
to
any
communications-related activity or interest.
[(d)]
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A community [access] media organization must provide a copy of its
current articles of incorporation and bylaws to the County Executive
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BILL No. 28-14
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and the County Council before the organization contracts with the
County. Any proposed amendments must be submitted to the County
Executive and County Council for review and comment
at
least 60 days
before the organization takes
final
action on the amendment.
The
organization must submit a copy of all adopted amendments to the
Executive and the Council within 5 working days of adoption. The
organization's articles of incorporation and bylaws are subject to all
County laws, including those enacted after the County contracts with
the organization.
[(e)] (g} A community [[access]] media organization must provide the County
with regular and complete financial reports as well as all other reports
required under its contract with the County.
In
addition, it must provide
the County with an annual independent audit, including a copy of any
accompanying management letter.
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Approved:
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Date
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Approved:
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This is a correct copy ofCouncil action.
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~7h.~
Linda M. Lauer, Clerk ofthe Council
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