By-Laws

By-Laws

of the

Advisory Council for Cable Television

Area II

Article I THE COUNCIL

Section 1 NAME

This organization shall be known and designated by the name of "Advisory Council for Cable Television - AREA II"; herein after referred to as the Council.

Section 2 FRANCHISE AREA

Area II includes the following towns and cities: Bridgeport, Fairfield, Milford, Orange, Stratford and Woodbridge; herein after referred to as the Franchise Area.

Section 3 PURPOSE AND OBJECTIVES

1. To affirm the Council's role as the official representative of subscribers, library, educational and municipal agencies in the Franchise Area, and public access producers at their request.

2. To solicit reactions to general programming and channel allocations from subscribers, community groups, public officials and media consultants at open Council meetings, by select committee, and through local media and in-house channels.

3. To provide oversight by select committee on any contractual agreement with outside vendors for the provision of public access, to consult with regional experts and volunteer consultants on local production needs and initiatives, to monitor public access funding requirements and annual spending levels.

4. To inform community groups and organizations, municipal official and educational institutions of the uses of cable for local communication needs through select committees, local media and locally produced channels.

5. To identify and support, at the state and local level, regulatory and telecommunications policies and initiatives which enhance the public access mandate and promote citizen interest and participation in the public access resources within the Franchise Area.

6. To be proactive in cable-related issues which protect the local citizenry, such as, but not limited to, first amendment rights, franchise renewal, competition, public access mandate, telecommunications infrastructure, consumer feedback channels, at Council and public meetings, DPUC hearings, with public officials, local media, franchise seekers and licensed franchise holders.

7. To form alliances with other cable advisory councils primarily for networking and informal exchange of information.

8. To give advice to the management of the cable television company upon such matters affecting the public as it deems necessary. Each cable company shall respond in a timely manner to issues brought forth by its advisory council. Each advisory council shall annually on a date not later than the first day of August, file a written report with the DPUC concerning its activities for the preceding twelve month period ending June 30.

Article II MEMBERSHIP

Section 1 APPOINTMENT

1. The chief elected official of each town in the Franchise Area shall appoint one or more members who are residents of said town in accordance with the population of said town as determined by the most recent United States Census in the following manner:

a) on towns having a population of less than 5,000; one member

b) in towns having a population of at least 5,000, but less than 20,000; two members

c) in towns having a population of at least 20,000, but less than 50,000; three members

d) in towns having a population of 50,000 or more; four members

e) insofar as is possible, said appointments should reflect and be representative of the cultural, educational, ethnic, and economic makeup of the population inhabiting said towns.

2. The board of education in each city or town in the Franchise Area shall appoint one additional member of the Council. Such member need not be a member of said board, nor reside in the town of employment.

3. One additional member shall be appointed to the Council to represent all of the libraries of general public use located within the Franchise Area. In the town having the largest population therein, as determined by the most recent United States Census, the public library board charged with oversight and management of the town's public library as defined by Section 11-24a (b) of the General Statutes shall appoint the Council member. The member shall be a library board member or a professional library staff employee of a public library or private eleemosynary library of general public use in a town within the Franchise Area. The council member shall be an inhabitant of a town within the Franchise Area.

4. Each franchisee shall appoint one member, who shall possess some expertise in the field of cable television and who shall serve without a vote on the Council.

5. Appointment of council members shall be subject to the following limitations:

a) no paid employee of a nonprofit organization providing community access operations may serve on the Council

b) no employee of a CATV company, its subsidiaries or affiliates may serve on the Council

c) no more than 25% of the seats to which appointments may be made to the Council may be filled by persons who also are members of a board of directors of a nonprofit organization providing community access operations

d) Council members who also serve as a member of a board of directors of a nonprofit organization providing community access operations must excuse themselves from voting on any financial matters to their access organization. (Sec. 16-333-25)

6. Newly appointed members of the Council shall be provided with a packet of orientation materials on the operation and mission of the Council, among which shall be: by-laws, regulatory obligations, recent DPUC decisions and agreements related to council business, minutes of the last three meetings, and current membership roster and phone, fax, and e mail list.

Section 2 BOARD APPOINTMENTS

1. A member of the council shall sit on the Sound View Community Media Board of Directors. Candidates shall be nominated and elected to the seat for a one-year term, or successive one-year terms, in compliance with the council bylaws and Sound View Community Media bylaws.

2. A member of the council may sit on the board of any other organization as governed by provisions for appointments in council bylaws.

Section 3 TERMS

1. Each member of the council shall serve a term of two years from the first day of July in the year such member is appointed. Three months prior to the end of said term, the Secretary shall notify the appointing authority that the member's appointment will end on June 30. The said authority will be requested to submit a reappointment or replacement by July 1.

2. If for any reason the appointing authority fails to reappoint an existing member, the said member may be granted a one time, 90 day extension, provided a vote is taken and ratified by the voting members present.

Section 4 VACANCIES

1. Vacancies occurring in the Council for any reason, may be filled by the organization which approved the member who has retired, resigned or otherwise become unable to serve. The member so chosen to fill a vacancy shall hold office until the term of the member whom said new member has been appointed to replace shall expire.

2. Any member may resign from office at any time by delivering a resignation in writing to the Secretary of the Council and to the appointing authority. Such resignation shall take effect at the time specified therein; no acceptance of such resignation shall be necessary to make it effective.

3. The chief elected official from the city or town in which a vacant seat exists shall appoint a member to fill such vacancy if any other appointing authority fails to do so within three months of the time in which the vacancy occurs.

Section 5 COMPENSATION

1. Members of the Council serve without compensation.

Section 6 DUTIES

1. It shall be the duty of all members of the Council to attend all regularly scheduled meetings.

2. The members from each city or town shall hold an annual meeting, with the support and cooperation of the chief elected official of that city or town, with the citizens of that city or town to inform, discuss and to solicit information and concerns regarding regulatory development, public access, franchise renewal and services provided by each franchise in the Franchise Area.

3. Each member of the Council shall serve for a term of two years from the first day of July in the year in which such member is appointed. If a Council member has three consecutive unexcused absences or does not attend 50% of meetings duly noticed and held within a twelve month period, then the member will be deemed to have resigned from the Council.

(Sec. 16-333-26)

ARTICLE III OFFICERS

Section 1 ELECTIONS

1. The Council shall elect its own Chairperson, Vice-Chairperson, Secretary, and Treasurer at the June meeting. Said officers will take office on July 1, to coincide with the operating year.

2. The Chairperson shall appoint a committee for nominations consisting of three members. The committee shall solicit interest for positions, and submit a slate of candidates to the Council at the meeting designated for such purpose.

3. Nominations for officer shall be accepted from the floor prior to the casting of ballots.

4. The election of officers shall be by secret ballot. The candidate receiving the majority of votes cast shall be selected. In the event no candidate has a majority, subsequent ballots shall be taken with the low vote-getter being eliminated after each subsequent ballot until a candidate receives a majority of the votes cast for selection. In the event the low vote-getter is tied, a special ballot will be cast between the two tied parties, and the candidate receiving the majority on this special ballot shall remain in the running, and all others shall be eliminated.

5. The Secretary will tabulate all ballots.

6. The offices of Chairperson and Vice Chairperson may not be held by the same member; the offices Secretary and Treasurer may be held by one member.

Section 2 TERMS

1. Each Officer shall serve a term of two years, with no term limits. Should an Officer be unable to complete a term, a new Officer may be appointed by the Council's highest ranking Officer. Any appointments shall be to finish out the vacated term. .

2. The organizational meeting of the council shall be the first meeting in September and officers' terms shall run from September to September.

Section 3 DUTIES

1. Chairperson

a) Shall prepare an agenda for each regular meeting and special meeting.

b) Shall, following consultation with the Council, make appointment recommendations, if necessary, to the chief elected official or board of education in the city or town planning to fill a vacancy.

c) Shall appoint members of standing or select committees, and, who, as charged by the chair, shall appear and represent the Council at any public hearings or meeting and shall testify at such hearing or meeting on behalf of the Council as its representative.

d) Shall assign a date and location of meetings, provided the Council fails to do so. Should a meeting be cancelled or postponed, the Chairperson shall assign an alternate date and/or location.

e) Shall represent the Council's agreed-upon positions in all issues brought before the Department of Public Utilities Control (DPUC), or shall appoint a representative to do so.

f) Shall prepare an annual report to be presented at the annual meeting for Council approval. The report will be forwarded as required by state regulations, to the DPUC by no later than the first day of August of the same year.

2. Vice-Chairperson

a) Shall administer the Council attendance policy and take roll call.

b) Shall conduct correspondence regarding town representative appointments. The Vice-Chairperson will report to the council the appointment or resignation of members and shall maintain and circulate a register of current members.

c) Shall, in absence of the Chairperson, call meetings to order and preside over the meeting, as would the Chairperson.

3. Secretary

a) Shall act as the recording officer of the Council and the custodian of its records, except when specifically assigned to other. The records should include:

i. minutes of all regular and special meetings

ii. register of active members

iii. member attendance as recorded by the vice-chairperson

b) Shall notify all officers and committees of their appointments.

c) Shall keep a book of by-laws and standing rules.

d) Shall send out proper notices by mail of all regular meetings at least five days prior to such meeting.

e) Shall conduct correspondence for the Council except as otherwise provided herein.

f) Shall maintain a list of standing and select committee members.

g) Shall, in the absence of the Chair and Vice-Chair, call meeting to order and preside until the election of a Chair Pro-Tem takes place.

4. Treasurer

a) Shall act as the Council's banker, holding the funds deposited to the Council and paying out on the order of the Council.

b) Shall present a report at least four times a year as directed by Council vote or by the Chair. Reports should consist of any information regarding the receipts and disbursements previously authorized by the Council, and should include vouchers.

c) Shall present an annual fiscal report at the annual meeting. The report shall consist of any information regarding the receipts and disbursements made during the Council's operating year.

d) Shall, in the absence of the Chair, Vice-Chair, and Secretary, call the meetings to order and preside until a Chair Pro-Tem is elected.

e) Shall, sign with the Chairperson, checks drawn on the Treasury. Any single expenditure which exceeds five hundred dollars ($500.00) shall first be approved by the Council at a regular or special meeting.

Section 3 REMOVAL

1. An officer of the Council, for abuse of authority or misconduct in office, may be removed upon two-thirds vote of the existing membership eligible to vote, provided that the charge against the officer has been made in writing and a copy has been filed with the Secretary or Chairperson at least two weeks before such vote is taken. The Secretary shall notify all members of the pending action at least one week prior to the meeting. Should an officer be removed, a special election to fill the vacancy shall be held at the next regularly scheduled meeting. The Secretary shall send a special notice to all Council members at least one week before the special election. Removal from office does not affect one's membership status.

ARTICLE IV COMMITTEE

Section 1 STANDING COMMITTEES

1. Shall consist of at least three members appointed by the Chairperson. The committee may also consult with interested citizens in the Franchise Area, who are volunteer or paid consultants and who have an area of expertise concerning the committee's function.

2. The chair may serve as an ex-officio member.

3. Shall report to the Council or Chairperson as requested by either.

4. The standing committees are as follows: By-laws and Public Access committees.

5. By-Laws Committee shall review and evaluate by-laws and report on same to the council annually.

Section 2 SELECT COMMITTEE

2. The Chair may serve as an ex-officio member.

3. Shall report to the Council or Chairperson as requested by either.

Section 3 NOMINATING COMMITTEE

1. Members of the nominating committee shall be composed of appointed active representatives from each town in Area 2.

2. At the time of appointment to the committee, the chairperson shall 1) review the nominating process with members, criteria for office, and the relevant by-laws; 2) solicit and submit names of candidates to the committee.

3. Members of the nominating committee are not eligible for self-nomination to office.

4. Any active voting member on the Council is able to nominate.

ARTICLE V MEETINGS

Section 1 OPERATING YEAR

1. The operating year will be from July 1 to June 30.

Section 2 REGULAR MEETING

1. Shall be held on the fourth Tuesday of September, October, November, February,

March, April, May and June.

2. Shall be held in locations determined by Council vote or by the Chair. Should a

meeting be postponed or cancelled, the Chair shall establish an alternate date and/or location.

3. A call to order to do business shall require the attendance of at least one-third of the

appointed eligible members.

4. Shall adhere to the agenda prepared by the chair and be adjourned by a majority vote.

5. Shall be open to the public.

Section 3 SPECIAL MEETINGS

1. Shall be called by Council vote or by the Chair.

2. Shall be conducted as are regular meetings.

3. Proper notice of such meeting shall be by mail, sent by the Secretary at least seventy-two

hours prior to such meeting.

Section 4 ANNUAL MEETING

1. Shall be held during September of each operating year.

2. Shall be held in a location determined by Council vote.

3. Shall be conducted as are the regular meetings.

Section 5 VOTING

1. Debate and voting procedure shall be governed by Robert's Rules of Order, Newly

Revised.

2. No member shall vote on a motion or amendment if not present.

3. Motions shall be passed by a majority vote of the members present.

4. Motions are tabled for further consideration by a majority vote of the members present.

5. No motion shall be passed that conflicts with a rule of higher order (i. e. State or Federal law).

ARTICLE VI FUNDING

Section 1

Each franchisee shall annually contribute to the Advisory Council an amount not less than Two Thousand Dollars ($2000.00) per section 16-331c of the Connecticut General Statutes. The Advisory Council may, at its option, receive any or all of its funding through in-kind services of each franchise. The Advisory Council shall annually, on January 1, provide the DPUC with an accounting of any funding or services received.

ARTICLE VII AMENDMENT OF BY-LAWS

Section 1 By-Law Revisions

1. By-Law revisions proposed by the By-Laws committee shall be presented to the council members in writing and voted upon at the next council meeting.

2. Amendments presented by individuals shall be presented to the council members in writing at a regular meeting of the council and forwarded to the By-Law committee for consideration. The committee shall report its recommendations at the next regular council meeting. A vote of two-thirds majority of appointed, eligible members present is required for passage.

3. If the By-Laws committee fails to report as required, the proposal shall be considered by the membership and acted upon immediately. The requisite two-thirds majority for passage is necessary.