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Rules of Operation
City of Erie Cable TV ACCESS Corporation Rules of Operation
Approved September 10, 1997
Revised April 8, 2002
1. PURPOSE
These rules and regulations are adopted by the City of Erie Cable TV Access
Corporation for the purpose of governing the use of public access cable
television channels and production/editing facilities committed to excellence,
diversity, objectivity, service, and equality in the community served by Erie
Telecommunications Inc., doing business as Erie Cablevision ("Cablevision").
2. INTRODUCTION
Interested persons, groups or institutions in Erie, including the parties
listed above, may sponsor or produce non-commercial television programs, which
may be displayed, according to the category of such programming, on the public,
educational or governmental cable television access channels on Cablevision's
cable service. Such programs may be produced through the public access
production facilities according to applicable federal, state or local laws,
regulations, rules or ordinances, including the rules and regulations herein.
All Access Users are fully responsible for the content of such programming,
including any trademark, service mark, copyright or other considerations, and
all legal liabilities involving slander, libel or invasion of privacy. All
Access Users must be certified to use the public access production facilities or
approved to cablecast access programming on local cable television access
channels. Certification may be obtained by successfully completing appropriate
training on the use of public access production and editing equipment, or by
demonstrating competence in such use.
3. DEFINITIONS
A. “CECTAC" or the "Board" means the City of Erie Cable TV Access
Corporation, a 501 (c)3 corporation established in October 1996 and empowered by
Erie City Council Resolution 118-66-B (dated 9/11/96) and Resolution No.
118-353-B (dated 4/16/97) to manage and control the facilities and other assets
dedicated to public access, including initiating policies and establishing
procedures and programming guidelines.
B. "EDAO" means the Executive Director Access Organization. The EDAO is a
paid employee of the CECTAC and reports to the Board of Trustees.
C. "Access User" means any person, acting singly, or representing any group,
organization or institution, who is a member of CECTAC and has applied to the
EDAO to present programming on the local cable television access channel(s) in
Erie, or has presented such programming on such channel(s) previously, according
the rules and regulations herein. Access Users must be residents of the City of
Erie or members of organizations based in or affiliated with the City.
D. "Community Bulletin Board" means an alpha-numeric bulletin board feature
which appears on an access channel(s) whenever "live" or tape-delayed video
programming is not being cablecast. Citizens and non-profit organizations may
use the bulletin board for public service announcements by displaying
computer-generated messages and colors on the TV screen.
E. "Public Access Channel" means a cable channel provided by Cablevision,
upon which locally-produced, non-commercial programming may be cablecast free of
charge by Access Users using the production or editing facilities provided by
the City.
F. "Public Access Programming" means programming produced or sponsored by
Access Users. Such programming shall meet the requirements defined below in
Section 4.-- Rules Governing the Public Access Cable Television Channel(s).
G. "Local Origination Programming" means non-commercial programming produced
by the EDAO, the City of Erie or Cablevision or that has been selected for
cablecast by such parties or by the staff and/or management of CECTAC.
H. "Legally Qualified Candidate" means any person who has publicly announced
that he/she is a candidate for nomination by a convention of political party, or
for nomination or election in a primary, special or general election, municipal,
county, state or national election, and who meets the qualifications described
by the applicable laws to hold office for which he/she is a candidate so that
he/she may be voted for by the electorate directly or by means of delegates or
electors and who:
(1) has qualified for a place on the ballot;
or (2) is eligible under applicable law to be voted for by sticker, by writing
his/her name on the ballot or other method and (3) has been duly nominated by a
political party which is commonly known or regarded as such, or (4) makes a
substantial showing that he/she is a bonafide candidate for nomination of public office.
I. "Lottery" means any device, scheme, plan, promotion, contest or other
program and/or presentation which involves directly or indirectly the elements
of prize, chance and consideration or any such device, scheme, plan, promotion,
contest or program and/or presentation which is, has been, or may be declared a
lottery under applicable local, state or federal law.
J. "Obscene or Indecent Material" means any material in a program or any
video or audio presentation that would be deemed indecent or obscene by local
community standards and which is not protected speech according to the
Constitution of the United States of America.
4. GENERAL RULES GOVERNING THE USE OF PUBLIC ACCESS CABLE TELEVISION CHANNEL(S).
A. Availability. Any local access cable television channel which is provided
on Cablevision's system serving the City of Erie and which is designated for use
by the public shall be available at no charge for use by any qualified Access
User on a first-come, first-served, non-discriminatory basis (as to age, race,
creed, gender, religion, disability, or general content of programming) upon the
filing of an appropriate request (does not apply to use of a community bulletin
board.)
B. Programming Limitation. In order to facilitate the widest possible
availability of channel time to as many diverse Access Users as possible, in
accordance with the provisions herein and consistent with established scheduling
procedures, use of an access channel by any Access User shall be limited to no
more than four (4) hours of actual program cablecast time in any consecutive
period of fourteen (14) days. In the event any program or program series exceeds
the four- (4-) hour limitation, the Access User responsible for producing the
program shall be required to supply a new program request.
C. Advertising Material Prohibited. The presentation during public access
programming of advertising material designed to promote the sale of commercial
products or services is prohibited. However, election campaign commercials by or
on behalf of Legally Qualified Candidates may be cablecast under scheduling
guidelines established by the EDAO and subject to applicable federal, state or
local laws, rules or regulations. Programs produced by nonprofit organizations
may contain non-commercial solicitation.
D. Sponsors. Mention of financial support by commercial sponsors who
underwrite public access programming is prohibited, except as provided below:
At the end of the program, the name, address, telephone number, website, and
logo of the sponsor may be displayed by a visual or audio announcement (or both)
of 10 seconds or less in duration using the words -- "Funding for this program
has been provided by (name of sponsor)."
E. Lottery Information Prohibited. No access or local programming shall be
used to present any information which directly or indirectly concerns a lottery.
F. Obscene Material Prohibited. No access or local programming shall be used
to present any obscene or indecent material or any material which advocates the
extreme use of violence or the overthrow of the government of the United States
of America.
G. Non-commercial Nature. All programming must be non-commercial in nature.
H. Copyright/Legal Responsibility. The Access User will be responsible for
any copyright liability and for obtaining any such permissions. In addition, the
Access User shall also be responsible for any programming content which may
potentially slander, libel or invade the privacy of another person, group or
organization, or which is deemed to be indecent or obscene.
I. Programs Locally Produced. The Access User requesting time to cablecast a
program on a public access channel may produce the program(s) using the public
access production/editing facilities and equipment which are made available by
Community Access Television. Such production shall occur under the supervision
of the EDAO. Program content may consist of material presented "live" or
video-taped in the access studio facility or in the local community area of
Erie.
J. Program Standards. All programming material submitted for cablecast must,
as a minimum, meet the following technical standards before being cablecast over
any access channel:
1) Video Technical Quality. Minimum video quality is defined as video
luminance levels within the range of 90-100 I.R.E. and black levels of 7.5 I.R.E.
Poor video quality is defined as any levels which drastically vary from the
above standard.
2) Audio Technical Quality. Minimum audio quality is defined as properly
modulated audio levels without audible distortion. A continuous audio control
track must be present on all taped programs submitted for cablecasting. Poor
audio quality is defined as over-modulated audio levels causing audible
distortion.
(3) Video Tape Cassette Size. VHS videotapes are the preferred formats for cablecasting programs.
(4) Preparation of Video Cassettes. All videocassettes and videotapes must be
clearly labeled with the following information:
- the title of the program,
- the name of the producer,
- the running time of the program,
- the date of production, and
- the date the program is scheduled to air, if known.
K. Editing; Equipment Check-out. Editing and playback of video taped
programming, or the check-out of the mobile video production unit or portable
production equipment, can be scheduled from 9:00 a.m. to 4:00 p.m. on weekdays,
except holidays or other days when the studio facilities are closed.
L. Community Bulletin Board. Citizens and non-profit organizations may post
public service announcements on the community bulletin board appearing on
Cablevision's system. Such messages may appear on the Community Bulletin Board
when programs are not cablecast on an access channel. New messages are posted on
a rolling basis and usually run for one to two weeks. The number of messages
permitted to any one organization may be limited by the EDAO according to space
constraints and should be submitted three weeks in advance of the event.
5. USE OF PUBLIC ACCESS FACILITIES
A. Processing of Requests. Requests will be processed on a first-come,
first-served, non-discriminatory basis (as to age, race, creed, gender,
religion, disability, or general content of the programming) and the EDAO will
advise a prospective Access User in the event a request cannot be granted due to
the filing of a prior request. In such event, the prospective Access User shall
select an alternative date and time.
B. Eligibility. Only qualified Access Users will be allowed use of the public
access production/editing facilities provided by Community Access Television, or
be allowed to cablecast programming on any designated cable television access channel(s).
6. RULES GOVERNING USE OF THE ACCESS PRODUCTION FACILITIES AND EQUIPMENT BY
ACCESS USERS
A. Proficiency of Access Users.
(1) Producers and directors of all programs must either complete access video
production training or display experience and proficiency in all aspects of
producing and/or directing television programming prior to obtaining permission
to use the access production/editing facilities or equipment.
(2) Likewise, other crew members (camera operators, audio operators, etc.)
must also either attend access video production training or display proficiency
on the equipment each crew member is to operate.
(3) The EDAO may charge a reasonable fee for each training session.
B. Production Crew Required. Access production crews will be provided by the
Access Users requesting the use of the public access production facilities or
equipment. Crews must consist of a sufficient number of crew members to properly
handle the production. Six (6) to ten (10) member crews are normal. The actual
amount of crew members necessary will be determined in advance by the producer
or director and the EDAO. The EDAO will keep a record of the names and phone
numbers of all Access Users, and will make this record available for the purpose
of identifying crew for video productions, providing the individual has not
requested that their name be removed from the list.
C. Access User Production Responsibilities.
(1) The Access User requesting use of the access production facilities is
responsible for the conduct, actions and behavior of the crew, as well as that
of any talent, guests or observers, while involved in the production.
(2) No food or drink is to be consumed in the mobile video production unit,
studio or control room. Water may be on the set in the studio during production.
(3) Smoking and/or the use of alcoholic beverages or drugs are strictly
prohibited. The use thereof will result in immediate ejection from the premises
and possible loss of access production/cablecast rights.
(4) Access Users will not be held responsible when production equipment
breaks down due to age or natural causes. However, equipment replacement or
repair necessitated by negligence or abuse will be the financial responsibility
of the person who caused the problem. If that person cannot be identified, the
Access User requesting production time and cablecasting rights will be held
responsible.
(5) All Access Users will agree to leave all facilities and equipment in the
same condition as they found them.
(6) All Access Users must show efficient use of their reserved time. Access
Users who do not show up to use the facilities within 15 minutes of the
prearranged time will be deemed a cancellation without prior notice and the
production may be canceled.
(7) Programs produced or edited using public access equipment must be
cablecast via any of the cable television access channels in Erie. Programs not
produced with public access equipment require a local sponsor in order to be
cablecast on the access channels. The local sponsor must be a member of
Community Access Television and complete a cablecast request form accepting
responsibility for content.
(8) Any person using the access production/editing facilities or equipment
who is younger than 15 years of age must be accompanied by a responsible adult
Access User. That adult must assume all responsibilities relating to the use of
the facilities and equipment, and to the subsequent program, and must co-sign
all request forms.
(9) Only those people involved in the production of a program will be allowed
in the production area without the express consent of the EDAO, and they must
remain in the production area or associated areas at all times. Non-staff
persons in the production area are the direct responsibility of the Access User
requesting use of the facility.
7. THE CABLECASTING AND SCHEDULING OF ACCESS PROGRAMMING
A. Programming Consent.
(1) In accordance with local franchise provisions and applicable laws or
regulations, no Access User may cablecast programming on any access television
channel in Erie without the prior written consent of the EDAO, as prescribed
herein.
(2) In addition, any capability provided by Cablevision to transmit cable
television video and audio signals from certain remote locations within
Cablevision's service area, for the potential remote origination or
cable-casting of local access programming from such locations, in no way
authorizes any Access User, or any entity whatsoever, at such locations to
introduce programming signals into Cablevision's system, or to technically
connect to the system, without the prior written consent of Cablevision, or its
authorized agent, e.g., the EDAO, as prescribed herein.
B. Program Scheduling. The EDAO shall be responsible for scheduling the
cablecasting of access programming on the cable television access channels in
Erie according to the following procedures:
(1) Local access programming will be scheduled according to the following
priorities:
(a) Live first-run, member- or CAT- produced
programming
(b) Tape-delayed first-run, member- or CAT- produced programming (c) Replays of member- or CAT-produced programming
(d) Member-sponsored imported programming
(e) CAT-sponsored imported programming
(2) During the course of scheduling programs, the EDAO shall:
(a) schedule all non-character-generated programs in 30-minute and 60-minute
time increments, beginning on the half-hour and the hour;
(b) preempt pre-scheduled or regularly-scheduled lower priority programming
in order to present higher priority programming in a timely manner whenever such
action is deemed warranted and in the public interest; provided, the preempted program(s) are re-scheduled for cablecasting and an on-air announcement is made
alerting viewers to the re-scheduled time;
(c) present "alternative programming" during any unscheduled times (for the
purposes herein, "alternative programming" means any programming of community
need or interest or of benefit to cable subscribers, even though such
programming is not produced locally); and
(d) present any programming generally which is considered, at the sole
discretion of CECTAC or Cablevision to be in the public interest.
8. REVIEW AND/OR REJECTION OF ACCESS PROGRAMMING; DISCIPLINARY MEASURES
A. Programs Subject to Review: The EDAO does not preview programs. However,
CECTAC will not knowingly cablecast illegal programming. If it is brought to the
EDAO’s attention that a program potentially violates any of the provisions
below, he or she may temporarily withhold the program from playback subject to
Board review and/or a legal decision.
(1) Where a program displays poor video or audio technical quality;
(2) Where the content of a program contains material which may be considered
obscene or indecent by local community standards;
(3) Where the content of a program contains material which could be found to
be libelous or slanderous, or invading the privacy of any individual;
(4) Where a program fails to mention a commercial underwriter or sponsor in
the prescribed manner;
(5) Where a program contains lottery information;
(6) Where a program contains commercial advertising of products or services.
B. Board Review. In the event the EDAO suspects that any access program may
be subject to rejection according to the provision of Section A. (1)-(6) above,
or contains materials which address sensitive subject matter or which may be
offensive to some viewers, the program may be referred to the Board who will
preview and compare the contents of the program according to established local
community standards. CECTAC at its discretion may delegate this review to a duly
appointed Public Access Community Advisory Committee. As a result of any review,
the Board may make one or more of the following recommendations:
(1) In a case where program content is considered to contain obscene or
indecent material, the Board may recommend that the program be temporarily
withdrawn from the cablecasting schedule and that the responsible Access User be
informed in writing by the EDAO of the Board's recommendation;
(2) If the program is not considered to contain any obscene or indecent
material, but is deemed to contain material of a sensitive nature or subject
matter, or which is likely to be offensive to certain viewers, the Board may
recommend the following:
(a) that the program be scheduled during adult viewing times (i.e., late
evening hours);
(b) that the EDAO and/or the Access User take other steps to add disclaimers
before and after presentation of the program or take other steps to adequately
advise the viewing audience of the content of the program.
(3) The Board may recommend rejection of any program according to the
provision of Section A. (1) - (6) above.
(4) The Board may refrain from making any recommendation upon a majority vote
of the Board members.
(5) Any recommendation or decision of CECTAC may be appealed to City Council.
C. Rejection Without Board Review.
(1) The EDAO may reject access programming for cablecast on any public access
channel in Erie, or refuse to schedule programming or production time, in the
event it can readily be determined that an Access User:
(a) falsified any forms or tampered with the scheduling of access programs;
(b) used any equipment or facilities without the permission of the EDAO;
(c) abused or neglected facilities or equipment, including attempted repairs;
(d) attempted illegal connections to Cablevision's system, attempted any
rewiring of the studio connections, attached unauthorized accessories, etc.
(e) continually appeared late for scheduled production training or for
scheduled production time; or
(f) continually failed to abide by any rules or regulations contained herein.
(2) In addition, the EDAO may temporarily, subject to board review, reject
access programming for cablecast on any public access channel in Erie if it can
be readily determined that such programming contains the following:
(a) slanderous or libelous
remarks;
(b) advertising commercial products or services,
(c) promotion of a lottery or lotteries
(d) poor video or audio quality
(3) The EDAO's decision to reject programming may be appealed to CECTAC.
D. Notice of Rejection; Warning. The Access User responsible for any access
program that has been rejected will receive a written notice from the EDAO. Any
Access User who receives two (2) or more such rejection notices within a
12-month period may have their access production and cablecasting rights
suspended for six (6) months, or more, upon the recommendation by the Board.
E. Compliance With These Rules. Failure by any Access User or any person,
party or group applying for program time or for production time at the access
studio facility to comply with or abide by any of the procedures contained
herein may result in denial of participation.
9. MISCELLANEOUS PROVISIONS
A. Copies of Programs. Access Users furnish their own video tape cassettes
and own their programs. The EDAO has the right to make and keep a copy of any
program produced using public access equipment for unlimited cablecasting or for
promotional purposes.
B. Changes. These rules may be changed from time to time by the mutual
consent of CECTAC and Cablevision.
C. Publication. These rules shall be made public and shall be distributed to
all potential Access Users, as applicable.
D. Severability. These rules were established to be consistent with local
franchise provisions and ordinances, any local access agreements and state and
federal law, rule or regulation. Any part of these rules which is subsequently
found to be in conflict with such provisions or with state or federal law or
regulation shall thereafter have no affect whatsoever.
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