20.1. Membership. The Town shall have a Telecommunications Advisory Committee (hereinafter and elsewhere in these Bylaws referred to as the "Telecommunications Committee"), consisting of seven (7) members, five (5) of whom shall be residents of the Town, and two (2) of whom shall be staff employees of the Town, all of whom shall be appointed by the Board of Selectmen (hereinafter referred to as "the Board"), with the School Committee recommending one (1) of the resident and one (1) of the staff
appointments.
20.2. Knowledge/Experience: Overall, the appointees to the Telecommunications Committee should preferably have knowledge and/or experience related and/or applicable to the broad and general area of telecommunications, including, but not limited to, the following: the Telecommunications Act of 1996, and other applicable federal and state laws regarding telecommunications; cable television networks; telecommunications networks; switched networks; Internet networks; electrical engineering; general law; and corporate finance.
20.3. Term: Members of the Telecommunications Committee shall each serve a term of three (3) years. When the Telecommunications Committee is first established, the Board shall appoint three (3) resident members for a term of three years, one (1) resident member for a term of two years, one (1) resident member for a term of one year, and two (2) staff members for a term of one year.
20.4. Duties of the Telecommunications Committee: The Telecommunications Committee shall advise the Board on all telecommunications matters affecting the Town and make recommendations thereto. The Telecommunications Committee shall act under such powers and authority as shall be delegated to it by the Board from time to time, and shall thereupon act on behalf of the Board with regard to all authorized matters. For purposes of this bylaw, telecommunications networks shall be deemed to include, among other things, cable television systems. The Telecommunications Committee shall have duties including, but not limited to, the following:
a. To report to the Board on the status of applications to the Board and/or the Town by telecommunications companies, and to make recommendations to the Board thereto;
b. To report annually to the Board, no later than November 1st of each year, on the status of compliance with the terms of any telecommunications agreements in the Town and applicable law including, but not limited to, cable television licenses and;
c. To make inquiries as are necessary to insure that telecommunications operators in the Town, including, but not limited to, cable television licensee(s), maintain their system(s)and plant and provide services, as required;
d. To establish procedures for the hearing and disposition of complaints from any person, firm, corporation and/or other entity in the Town relating to the operation of such telecommunications networks in the Town, including, but not limited to, cable television systems;
e. To review all license records required to be maintained by the licensee(s) by Chapter 166 and/or Chapter 166A of the General Laws of the Commonwealth of Massachusetts, by the Cable Television Division and/or by the Federal Communications Commission and, in its discretion, to require the preparation and filing of additional information;
f. To advise the Board on consumer matters in connection with such telecommunications networks including, but not limited to, customer service, rates and charges, and privacy; and
g. To develop, publish and amend as necessary, from time to time, the rules and procedures that define the Telecommunications Committee's function and responsibilities, and submit the same to the Board for approval prior to final adoption and publication
h. To conduct, and report to the Board on, an annual systems performance evaluation on the Institutional Network to ensure that it meets or exceeds predetermined performance levels as set by the Board.
20.5. Right to Appeal. Any telecommunications operator in the Town, including but not limited to, cable television licensees, shall have the right to appeal to the Board any decision of the Telecommunications Committee of which it is aggrieved, by filing notice thereof with the Board, citing the decision being appealed and fully stating the reasons for such appeal. A copy of said appeal shall be provided to the Telecommunications Committee at the time it is submitted to the Board. The Board shall thereupon convene a public hearing on the matter, giving public notice thereof of the time, date and place to such operator and/or licensee and the Telecommunications Committee.
20.6. General Provisions. The Telecommunications Committee shall also be governed by Articles 2 through 7 of these bylaws and other provisions of these bylaws applicable generally to all boards in the Town, except as it is specifically directed by law or a provision of these bylaws to act otherwise.
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