Loading...
HomeMy WebLinkAbout14.E. Public Access Policies-Res. No. 5869 lY.E. ~R..u'\ ~d City of Shako pee Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Public Access Policies - Added Suspension Policy Language MEETING DATE: March 18,2003 Introduction - - City Council should move Resolution No. 5869, adopting the Shakopee Public Access (S.P .A.) Rules and Regulations for public access cable channel 15, including the added bullet point to the Suspension Review Policy Background After speaking to Councilor Lehman, it has come to my attention that the following bullet point needs to be added to the Suspension Review Policy on page 6 for :further clarification of the review request procedures for suspensions from the Shakopee Public Access Studio. . If the suspended user disagrees with the Shakopee Telecoml-nunications Advisory Commission's suspension decision, the suspended user may make an appeal in writing to the City Council within thirty (30) days of the Shakopee Telecommunications Advisory Commission's decision. Action Requested City Council should move Resolution No. 5869, adopting the Sha1<:.opee Public Access (S.P.A.) Rules and Regulations for public access cable channel 15, including the added bullet point to the Suspension Review Policy. 1 I y. 6 , City of Shakopee Memorandum TO: Mayor & City Council CONSENT Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Public Access Policies - Revised MEETING DATE: March 18, 2003 Introduction City Council should move Resolution No. 5869, adopting the Shakopee Public Access (S.P.A.) Rules and Regulations for public access cable channel IS. Background The City of Shakopee does not have any formal public access policies for public access cable Channel 15, and to date, has worked off of policies (attachment A) that were adopted in September, 1996 by the Shakopee Public Access Corporation. Telecommunications Commission unanimously recommended adopting the new Shakopee Public Access Rules and Regulations on February 12. The new policies and complete policy handbook will help to safeguard the City of Shakopee against lawsuits and provide a more structured environment that will result in more quality public access programming for the residents of Shakopee. Numerous changes and additions have been made with the new rules and regulations: 1. Production Proposal. This new form outlines the responsibilities of both the City and the user ofthe equipment that is producing a program for cable channel 15. 2. Program Submittal Form. This new form allows individuals to submit a program that he/she did not produce, but would be of value to be cablecast. 3. Suspension and Review Policy. Although Shakopee has many quality users of its public access equipment and resources, the City does not have any guidelines to deal with individuals that are abusing those privileges. This new policy clearly layouts the parameters and expectations for the users. 4. Equipment Checkout, Edit Suite & Studio Policy. Until now, all equipment and facilities were only on a first come first serve basis. This policy puts some limits on the amount of equipment usage and facilities before a program (tape) must be submitted for viewing on the cable channel. Many cities have found that individuals are very interested in using equipment and facilities, but not as interested in turning in a final product. The ultimate goal of the City's Public Access Studio is to provide quality public television programming for its viewers, and without volunteer producers this goal can not be met. This new policy will help the City to meet its goal of more quality programming. 1 5. Statement of Compliance. City staff and legal counsel feel it is necessary for users to acknowledge their responsibilities in using Shakopee equipment and facilities and to hold the City harmless. 6. Required Disclaimers. Due to 1 st amendment rights, the City cannot prohibit much programming, but we can notify our residents if the programming will have adult or controversial programming. 7. Parental Consent Form. One of the most important new introductions to the new policies. Until now, minors are allowed to use equipment and facilities without parental consent. Since most ofthe equipment is expensive to replace, it is necessary that the parents are aware that they can be held responsible for their children's actions. Recommendation Adopt Resolution No. 5869, government access policies for the City of Shako pee. Action Requested City Council should move Resolution No. 5869, adopting the Shakopee Public Access (S.P.A.) Rules and Regulations for public access cable channel 15. 2 RESOLUTION NO. 5869 ADOPTING CITY OF SHAKOPEE PROGRAMMING POLICY AND PROCEDURES FOR PUBLIC ACCESS CHANNEL 15 WHEREAS, the City of Shakopee ("City") established the Shakopee Telecommunications AdvisOlY Commission by Resolution No. 5655; and WHEREAS, among other duties, the Telecommunications Advisory Commission is recommends operations of the public access channel and develops and recommends advisory policies for such operations; and WHEREAS, the City needs to update the policies and procedures for public access chmmel 15 that were developed and implemented by the Cable Access Corporation; and WHEREAS, such policies and procedures, as outlined in exhibit A attached hereto and made apart here of, are necessary to protect the City and the integrity of the public access channel. BE IT RESOL YED By the City Council of the City of Shakopee, Scott County, Minnesota that Exhibit A, programming policy and procedures for the govenunent access cable channel 15, attached hereto and made apart here of be adopted. Adopted in adjourned regular session held this _ day of ,2003. William P. Mars, Mayor ATTEST: Judith S. Cox, City Clerk RJV-212101vl SH155-22 Policy Handbook Shakopee Public Access Rules and Regulations March 2003 Introduction Public Access Television exists to provide citizens of a local government jurisdiction access to cable television communication facilities. Only citizens of the City of Shakopee and are entitled to free use of all public access equipment, and studios for the sole purpose of producing or submitting programming to be cablecast on the Shakopee Public Access cable channel (S.P .A.). In the interest of providing equal access to all its citizens, Shakopee Public Access has adopted a number of rules and regulations, which provide the framework to accomplish this goal. The right to use equipment, studios, or submission of programming for viewership on the Shakopee Public Access channel is available only to residents and businesses of the City of Shakopee and other individuals that receive cable services from the City's cable provider. Brief Overview The key to the relationship between Shakopee Public Access and its citizen producers and sponsors is the Production Proposal. The Production Proposal is not only the first required form that a potential producer must complete, it acts as the principal contract upon which all future actions are judged. A Production Proposal must be finalized before equipment can be checked out, editing time reserved, or studio time booked. Subsequent usage of public access facilities and equipment will be granted according to the guidelines of Production Proposal implementation procedures (attached). If a producer or sponsor only wants to submit an already finished program for playback on the S.P.A. cable channel, a Program Submittal Form must be completed. As important as the Production Proposal, is the Equipment Checkout Form and the Statement of Compliance. Before a producer can check out equipment, an Equipment Checkout Form must be finalized. Before a program submitted by a producer or sponsor for playback on the Shakopee Public Access cable channel can be cablecast, a Statement of Compliance Form must have been read, understood, and signed by the producer or sponsor of the program and finalized. These four forms, the Production Proposal, the Equipment Checkout Form, the Statement of Compliance, and the Program Submittal Form provide Shakopee Public Access the necessary framework to provide equal access for all its citizens. They are explained in detail in what follows. 1 Production Proposal Implementation Procedures A Production Proposal is an offer on the part of the producer to produce programming using S.P.A. equipment and facilities, to be cablecast on the S.P.A. cable channel. The initiator of the Production Proposal, the producer, is wholly responsible for the content of the program. A Production Proposal must be completed in order to begin the process of producing a program. ill order to verify that S.P.A. equipment is being used solely to create programming for cablecast on the S.P.A. cable channel, a log will be kept ofthe number of camera checkouts, studio bookings, and editing hours, accumulated in the production of the program as detailed in the original Production Proposal. Logs will be kept of equipment usage in relation to a singular Production Proposal. Producers may have more than one production in progress at a particular time, but may not generate new Production Proposals beyond a maximum of three (3), if equipment usage for each project has not reached its maximum. If a producer has three or more current Production Proposals on file and has yet to submit a program for any Production Proposal and equipment usage for each program has reached its maximum, a moratorium will be placed on further equipment checkouts, studio bookings, or edit suite usage, according to which of these has reached its maximum, until a plan is drafted for completion of the program(s). S.P.A. has adopted a broad framework within which to evaluate the progress toward completion of a program. In order to facilitate production, S.P.A. will initiate a Production Proposal Review if a producer has logged the maximum amount of equipment usage and has failed to submit a program for playback on the S.P.A. cable channel. The maximum amount of equipment usage is delineated as follows: Equipment Checkouts - (4), Editing hours - (20), Studio Bookings - (2). These amounts are logged separately and in the event any maximum total is reached a Production Proposal Review will be initiated. An unsatisfactory review could result in a suspension ofS.P.A. privileges. S.P.A. recognizes and respects the amount of time required to produce quality programming and will accommodate and help serious producers in the production of their programs. To this end, S.P.A. understands, for example, that a producer who has two studio shoots would also require editing time to complete their program. ill this case, the Production Proposal Review would consist of suggestions or tips for editing or an informal hearing of plans to complete the program consistent with a review of footage shot up to this time. S.P.A. makes no editorial decisions regarding the content of producer's programs, but will offer technical advice. 2 Production Proposal Guidelines The Production Proposal is the foundation of the relationship between Shakopee Public Access and its users, a.k.a. producers. . A Production Proposal must be fully completed and received by S.P.A. staff before any equipment can be checked out, edit-suite time reserved, or studio time booked. . The maximum amount of times equipment can be checked out per Production Proposal is four (4). If a program has not been submitted for cablecast after four (4) checkouts have been logged, a Production Proposal review will be initiated. . The maximum amount of editing hours per program proposal is twenty (20). If a program has not been submitted for cablecast after twenty hours of editing have been logged, a Production Proposal Review will be initiated. . The maximum amount of studio bookings per Production Proposal is two (2). If a program has not been submitted for cablecast after two studio bookings have been logged, a Production Proposal Review will be initiated. . The Production Proposal Review will consist of meeting with staff to determine that work towards completion of the program as stated in the original production proposal is consistent with the number of hours logged. . Staff may grant extensions of equipment and facilities use if more time is needed to complete the program. . Staff may deny further use ofS.P.A. equipment and facilities for at least a 6-month suspension period, if it is clear that equipment has not been used solely to produce a program as stated in the original production proposal. . Staff can request to review all footage shot or edited using S.P.A. equipment in order to determine if S.P.A. rules have been violated. . Time extensions may be denied and a producer suspended if an access user/producer has violated S.P.A. rules or used S.P.A. equipment for personal or commercial purposes. 3 Shakopee Public Access - Production Proposal Is the program part of a series or a standalone program? If series? What day(s) and hour(s) of the week would you like your program to be cablecast? Day(s) Hour(s) Producers of a series program are required to have on file a Production Proposal for series programming. Is your production proposal for a series program? Check Here_ Producers of a standalone program are required to fill out a new Production Proposal for each new and different program. 1. Name Date: 2. Address 3. City State _ Zip 4. Telephone: (h) (w) 5. Group represented (if applicable) 6. Program/Series Title 7. Proposed program length (--:--) 8. Project will start (--/--/--) and be completed (--/--/--) 9. Intended Audience 10. Description of the program(s) contents Content check all that a I Adult language/profanity Nudity Sexual content Depicts Violence Other (please explain) State of MN disclaimer This Section is for Staff Use Only Production Proposal ID # Number of Camera Checkouts Number of Edit Suite Hours Logged Does a Production Proposal Review Process need to be initiated? YES/NO Has this producer ever had a Production Proposal Review before? YES/NO 4 Program Submittal Form (Use this form if you are submitting an already fInished program to be cablecast on the Shakopee Public Access Cable Channel.) Date Name ofProgram(s) Length of Program(s) (1 st frame of video to be cablecast to last frame. Do not include pre-roll, color bars, countdown, or blank video.) Number of programs If more than one program, are the programs part of a regular series? Where was the video produced? Who produced the program? Your Name Address City State Zip Code Phone Number(s) (home) (work) (cell) Are you 18 years or older? If not, your parent or legal guardian will need to sign here Have you read, understood, and signed the Statement of Compliance for cablecasting shows on Shakopee Public Access? (The producers' or sponsor's signature on the Statement of Compliance is required before any programs can be cablecast.) Who is the intended audience of your program? Description of Program Contents Content check all that a I Adult language/profanity Nudity Sexual content Depicts Violence Other (please explain) State of MN disclaimer If so, is an approved Shakopee Public Access disclaimer recorded preceding the program and included in the total running time? (Programs requiring disclaimers and not containing them will not be cablecast.) Are you a subscriber of Time Warner Cable? Is Shakopee Public Access part of your Basic Cable channel line-up? Are you a resident of the City of Shakopee? Ifnot, what township or city do you live in? 5 Suspension and Suspension Review Policy Access users or Producers who violate S.P.A. rules can be suspended from using S.P.A. equipment and facilities and from submitting programs for cablecast (requesting channel time) for a minimum of six (6) months. Access privileges may be revoked from any access user for any of the following reasons: . Violating a law. . Not dealing with S.P.A. staff in a straightforward or truthful manner, or misrepresenting themselves. . Not abiding by the policies, procedures and guidelines of S.P.A. . Using S.P.A. equipment for anything other than the production of programs to air on S.P.A. . Loss of equipment. . Using excessive force, dropping or mishandling equipment. . Not protecting the equipment from loss or damage. . Using equipment in a dangerous or frivolous manner. . Failure to stop production when potential damage to equipment is imminent. . Returning equipment dirty or in disarray. . Making statements to S.P.A. that are knowingly false, misleading, or incomplete as determined solely by S.P.A. This would include but is not limited to statements in the Equipment Checkout Form, Production Proposal form or any other S.P.A. form. . Behaving in a manner adjudicated to be contrary to federal, state or local law, including but not limited to theft, assault, harassment (sexual or otherwise), damage to property and! or fraud. . S.P.A. user shall not represent himself/herself as a Shakopee employee. Length of Suspensions . An access user can be suspended from access to S.P.A. equipment, facilities, and cable channel, for violating S.P.A. rules for 6 months for the first offense. . An access user can be suspended from access to S.P.A. equipment, facilities, and cable channel, for violating S.P.A. rules for two (2) years for the second offense. . An access user who is suspended three or more times for violating S.P.A. rules can be permanently denied use of S.P.A. equipment, facilities, and cable channel. . After a suspension period has been completed, an access user is entitled once again to full use of S.P.A. equipment, facilities, and cable channel. Suspension Review . Any access user who disagrees with a decision of S.P.A. to the application of any of the foregoing rules may request a review and determination by the Shakopee Telecommunications Advisory Commission. . A review request must be made in writing to the Shakopee Telecommunications Advisory Commission within forty-five (45) days from the time the person or entity is informed of the decision of S.P .A. . The Shakopee Telecommunications Advisory Commission will conduct the review and issue a written determination within thirty (30) days of the meeting following receipt of the review request. 6 Equipment Checkout, Edit Suite & Studio Usage Policy Access Users must submit or have on file a current Production Proposal before any equipment can be checked out, edit time booked, or studio time reserved. Reservations . Equipment Checkouts and Studio Reservations will be handled exclusively by assigned S.P.A. Staff. . Equipment Checkouts, Studio Reservations, and Edit Suite sign-ups will be on a first- come, frrst-served basis. . Reservations to checkout equipment, or use the studio, can be made up to four (4) months in advance. . Reservations to use an edit suite can be made up to one (1) month in advance. . Reservations to use any Shakopee Public Access equipment or facilities must be made at least 24 hours in advance to ensure availability. . Producers can reserve edit suite time by writing their name in a timeslot on the sign-up sheet for that edit suite. . Producers can reserve up to 8 hours of edit suite time per week. . Producers are required to write down the number of hours spent editing each week on the sign-up sheet, including their start and stop times. This information will be tabulated weekly, entered into the producer production proposal database, and presented to the Telecommunications Advisory Commission in a monthly report. . Access producers can only sign-up for one edit suite at a time and will cede access to an edit suite upon request either by staff or another producer if using more than one edit suite at a time or if having exceeded the maximum amount of editing hours (8) for that week. . Access producers may reserve production equipment only during the hours the studio is open. Reservations may be made by telephone or in person. No bookings or time extensions on existing bookings will be accepted on voice mail, fax or e-mail. Responsibilities . The Access User acknowledges receipt of equipment when checking out equipment, and agrees to assume all responsibility for any damage that may occur while it is in his/her name. This responsibility may extend to repair or replacement costs arising from damage or loss, with the exception of ordinary wear and tear. . Access users who damage, lose, have stolen, or destroy, equipment must pay the replacement cost for this missing or damaged equipment. . Any access user returning equipment after the scheduled return date without making prior arrangements with the staff of S.P.A. will be subj ect to suspension and loss of equipment privileges. . Equipment is provided solely to produce non-commercial productions for the S.P.A. cable television channel. Equipment is not to be used for strictly private purposes (e.g. weddings) or commercial purposes or producing shows for other parties "for-hire," or for purposes in violation of the S.P.A. rules. . Producers are required to read, understand, and sign the Statement of Compliance before Shakopee Public Access facilities or equipment can be used or before a program can be accepted for cablecast. 7 Editing . To facilitate accurate record keeping, sheets (see Appendix A) will be provided for producers to fill in their hours of editing time. . If staff comes to the realization that producers are either omitting their edit usage or not accurately reporting their hours, this also can be grounds for suspension. 8 Shakopee Community Access Equipment Checkout Form Date of checkout To be returned by (please print) Equipment Please Initial Equipment Spaces CAMERAS Batteries (List #'s of Batteries) #1 (AG190 - VHS) #2 (AG456 - SVHS) #3 (AG455 - SVHS) #4 (AG180 - VHS) Power Supply AG-B6 Power Supply AG-B3 Tripods (2 Bogen 3046, 1 Bogen 3246, 1 Bogen 3211) Microphones Cordless Microphone #1 (Audio- Technica Cardioid) (Telex Pro, belt) #2 (Audio- Technica Cardioid) (Telex Pro, powered) #3 (EV 635A Dynamic Omni-Dir.) #4 (Wired Lavalier) Additional Equipment - (Cords, Headphones, Adaptors, Lighting, Mise.) THE BORROWER HEREBY AGREES TO RETURN ALL OF THE EQUIPMENT, AS NOTED ABOVE, IN THE SAME CONDITION AS AT TIME OF ACCEPTANCE OF SUCH EQUIPMENT. IF THE EQUIPMENT IS NOT RETURNED IN THE CONDITION IT WAS RECEIVED, SHAKOPEE PUBLIC ACCESS MAY, AT ITS OPTION, REQUIRE THE BORROWER TO REPAIR OR REPLACE SUCH DAMAGED OR LOST EQUIPMENT. THE BORROWER HEREBY AGREES THAT ONLY S.P.A. CERTIFIED PRODUCERS WILL OPERATE AND HANDLE CAMERAS AND EQUIPMENT. THE BORROWER HEREBY AGREES THAT THIS EQUIPMENT IS TO BE USED SOLELY FOR THE PRODUCTION OF PROGRAMS THAT WILL BE SHOWN ON THE S.P.A. CABLE CHANNEL. THE BORROWER HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTOOD, AND SIGNED THE STATEMENT OF COMPLIANCE. I HAVE READ AND UNDERSTAND THE EQUIPMENT BORROWING RULES STATED ABOVE. BORROWERS SIGNATURE RETURNED ON (Date) CHECKED IN BY Failure to obey these rules will result in suspension of S.P.A. privileges. Identification (i.e. Drivers License #) Print Name Signature Date Phone # Project equipment is being used for (title) I have filled out a program proposal for this project(ID #) EMPLOYEE Checked In (Date/Initial) This form must be filled out completely and truthfully before a program will be scheduled. Misrepresenting your program will result in the program not being scheduled and may result in a suspension of S.P.A. privileges. 9 Statement Of Compliance In consideration for permission, use and access to the replay of programs on the cable system from Shakopee Public Access and Time Warner or its successors, I hereby make the following representations, agreements and releases: I certify that no advertising material or other commercial programming; lottery or lottery information; obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct (as those terms are defined or interpreted under applicable FCC regulations); or indecent, slanderous or libelous material, is contained in this program. I certify that this program is not for commercial or profit-making purposes and was not produced on a for-hire basis. If facility or equipment usage results in a profit to the producer, that producer must pay the City of Shakopee for rental of the equipment at commercial rates. I request that this program be shown on the Shakopee Public Access Channel. I authorize the subsequent replay of this program at the discretion of Shakopee Public Access, the Shakopee Telecommunications Advisory Commission and/or the City of Shakopee. I certify that I have obtained any and all clearances for the cablecast of this program from broadcast stations, networks, sponsors, music and film licensing organizations, performers; representatives, authors, composers, and all other license or copyright holders for any content contained in the program, as required. I certify the program is not an invasion of privacy or publicity right and is shown with all the necessary permissions obtained from persons/organizations appearing in the program. I accept full responsibility for the content of the program and the consequences of its presentation. I acknowledge and agree that I am liable for any costs arising from the use of copyrighted or licensed materials. I am familiar with the Shakopee Public Access Rules and Policies; I have read the Rules, I understand the requirements contained within the Rules, I will comply with them. I understand and agree to the Rules and Procedures surrounding the treatment of programming that violates the Shakopee Public Access Rules, and hereby authorize Shakopee Public Access to remove any of my programming that violates the Public Access Rules. I hereby indemnify and hold harmless Shakopee Public Access, the Shakopee Telecommunications Advisory Commission, the City of Shako pee, Time Warner Cable, the Shakopee Public Access facility and staff, respective officers, directors, managers, agents and representatives from any and all liability, damage, injury and judgments arising from the cablecast, playback or production of any programming or any other claim arising from my use of Shakopee Public Access facilities or equipment. I further attest that I have truthfully filled out this Statement of Compliance, Production Proposal, Program Proposal and Equipment Check Out forms. PRODUCER SIGNATURE DATE ADDRESS CITY STATE ZIP PHONE PRODUCTION PROPOSAL # 10 Programming Guidelines . Shakopee Public Access reserves the right to unlimited non-exclusive showing for at least a twenty-four (24) month period following the first showing of a S.P.A. program created partially or wholly with S.P.A. production equipment. . Any program submitted for cablecast on the Shakopee Public Access Cable Channel that meets the requirements for cablecast according to S.P.A. rules, will be shown a minimum of one (1) time at the discretion of Shakopee Public Access. . All scheduling of programs submitted for cablecast on the Shakopee Public Access Cable Channel is at the discretion of S.P.A. employees. . S.P.A. may schedule programming that contains adult language/profanity, nudity, sexual content, depictions of violence, or other age inappropriate content after 10:00 pm, or at such other times as SPA deems appropriate . Shakopee Public Access accommodates requests by producers for regular program schedule timeslots on a first-come, first-served basis, but producers are not guaranteed these timeslots. Underwriting/Sponsorship Policy In the event that funds, equipment, or other items of value, including volunteers, are provided by an individual, business, or non-profit organization, the Access UserIProducer must identify the person or business according to the following policy: . Goods, services or money received from an Underwriter are to be used ONL Y to defer the costs of production. . The program must be unrelated to the commercial interests of the Underwriter. . The program may not discuss or show products or services made available by persons, corporations or institutions which have a commercial interest in the subject of the program. . No discussion of products offered by the Underwriter may be discussed. . Underwriting credits may appear only at the beginning and/or end of the program. . Underwriting credits must be clearly identified as such; the following format is strongly encouraged: "This program has been made possible in part by (Underwriter's full name)." . Prices of products may not be given. . The general location, community or neighborhood of an Underwriter may be given, but specific addresses are prohibited. . Corporate logos or still photographs of businesses are permitted at the close of the program. Photographs of products are not permitted. . Underwriting credits may be no longer than 20 seconds per underwriter. . The Underwriter's phone number may not be given. . Underwriting credits may not contain comparative or qualitative language about the underwriter or its product. 11 Required Disclaimers Adult Content, Controversial Programming, & Technical Shakopee Public Access wants to provide a means of notifying parents or guardians when programming appears on the access channels that may be inappropriate for children. S.P.A. also wants to assist people in making informed viewing decisions while providing an opportunity for all forms of expression without censorship and in accord with existing laws. . Programs containing vulgar language, nudity, extreme physical violence, extreme degradation, graphic depiction of invasive medical procedures, or indecent material, will be preceded by a disclaimer advising viewer discretion and will be scheduled at the discretion of S.P.A. in neither prime-time nor daytime viewing hours. . Producers or Sponsors requesting Channel time with S.P.A. shall be responsible for notifying S.P.A on the Production Proposal Form or Program Proposal Form if their program contains material requiring a disclaimer. Disclaimer Information to be included on Channel Time Request Form DISCLAIMERS: If your program needs any disclaimers, check the appropriate box. If your program has a State ofMN disclaimer, please indicate why. If you indicate any disclaimers, your program must have the disclaimer(s) at the beginning of your show, or it will not air. Content (check all that apply) Adult language/profanity Nudity Sexual content Depicts Violence Other (please explain) State of MN disclaimer . It is a violation of S.P.A. policy to submit for cablecast programming that is obscene or otherwise made unlawful. . After a program's first playback, S.P.A. staff may require a program to include viewer discretion disclaimers at the beginning of their program. The editing to add the required disclaimers shall be conducted by the producer or sponsor of the program at the request ofS.P.A. Any programs submitted for playback requiring adult content or controversial programming disclaimers must contain the disclaimer at the beginning of the program submitted. Programs requiring disclaimers and not containing one of S.P.A. approved disclaimers will not be shown. 12 Required Disclaimers Continued... Shakopee Public Access Approved Adult Content/Controversial Programming Disclaimers "This program is considered to be of mature theme and therefore, may be considered to be offensive to some viewers. Viewer/parental discretion is advised." Producers may also utilize the following disclaimer if their program is of a controversial nature: "The content and opinions presented in the following program are not necessarily those of Shakopee Public Access, the City of Shakopee, or Time Wamer Cable. This access programming is made available through the facilities of the Shakopee Public Access." Technical Disclaimers . Although "broadcast standards" will not be used in considering programs for cablecast, a program may be rejected for cablecast if the audio and/or video quality is so poor that the viewer will have difficulty watching or listening. . S.P.A. will not edit, or alter in any way, the content of any program submitted to it for cablecast. Any editing that is required in order to comply with these rules must be done by the community producer. S.P.A. may refuse to play programs, which contain the following unacceptable technical video and audio difficulties as determined by S.P.A. staff: . The tape is in poor physical condition. . Video displays too much generational loss - it is a copy of a copy of a copy. . The picture is too noisy, snowy or grainy. . Loss of control track. . The video is unstable - the picture jumps or flickers. . Audio has a loud hum or buzz on the normal audio track. . The audio is distorted. ill the event a technical problem with a program submitted for cablecast is present but cablecast will not be discontinued, S.P.A. may request that the producer place the following disclaimer at the beginning of their program: " The viewer may find the technical quality of some portions of the following program unsatisfactory. " Tape Formats . Shakopee Public Access only accepts VHS or SVHS Yz" tapes for cablecast. . S.P.A. will accept tapes recorded in EP or SLP mode, but scheduling conflicts may result if a tape is not recorded in the preferred SP mode. 13 Copyright Policy, Recommendations & Actions Copyright Policy The creator of non-commercial programming is entitled to all non-commercial use of that program, may copyright that program in hislher name and is entitled to the rights of a copyright holder. Recommendations & Actions Shakopee Public Access encourages producers to include copyright information/notices in their submitted programs and to duplicate their programs for playback on other cities cable access channels. Programs produced using Shakopee Public Access equipment and distributed by the producer for playback on other cities' cable access channels, are required to include at the end of their programs a notice identifying Shakopee Public Access as the originating studio or cable access provider of said programs. Shakopee Public Access does not own the rights to any programs submitted by independent producers for playback on the cable access channels. However, in the interest of copyright protection, a $20 fee will be charged to any citizen who requests a copy of a program cablecast on the Shakopee Public Access Channel for personal or home viewing. 1st Amendment Decisions to air are not based on content. SPA is content neutral; however, programs containing material that contradicts the Statement of Compliance, which access users are required to sign, cannot be played. In accordance with the First Amendment of the Constitution of the United States of America, the Shakopee Public Access does not act as a censor for programs aired on our channels. Any program submitted and accepted for playback by Shakopee Public Access will be shown at least once. Minors Residents under the age of 18 requesting the use of Shakopee Public Access Equipment, Studio Facilities, or Edit Suites, or Requesting Channel Time, must complete and return a Parental Consent Form before a Program Proposal or Production Proposal can be accepted. 14 Parental Consent Form Responsibility and Permission For Equipment Use I, (Parent/Legal Guardian), give permission to to use video production equipment in accordance with the City of Shakopee's S.P.A. (Shakopee Public Access) Rules and Regulations. I agree to pay the replacement cost or repair of any items lost or damaged, normal wear and tear exempted. has my permission to sign the Equipment Checkout Form, and I agree to assume any responsibility for loss or damages accrued during the use of S.P.A. equipment. This permission is effective until and will thereafter expire. Name (Parent/Guardian) Date Address (Street, City, Zip Code) <-.) Phone Numbers (home), (work) 15 Definitions & Indemnification Public Records Access channel time will not be made available to any Access User who refuses to have herlhis identity maintained in the public records available for public inspection as required by this section of the rules. Limits of Liability Shakopee Public Access is not liable if the program or material submitted is damaged, lost or stolen while in its custody. If gross negligence on the part of S.P.A. causes a tape to be damaged irreparably, S.P.A. will replace the tape itself with a blank tape of similar quality and format, but will in no way be held responsible for any lost content on the tape. Producers are encouraged to submit copies oftheir master tapes for playback. Indemnification and hold harmless: All Access Users shall be fully responsible for the content of their programs. Such responsibility shall include, but not be limited to, making all necessary arrangements with and obtaining all required clearances from broadcast stations, networks, sponsors, music licensing organizations, performers, representatives, authors, composers and any and all other persons or entities that may be necessary to transmit the Access Users program material on access channel time. All Access Users shall indemnify and hold harmless S.P.A., the City of Shako pee, and Time Warner Cable of Shakopee, their officers directors, employees, agents and representatives from any and all liability, damage, injury, judgment, including cost of defending claim (including reasonable attorney's fees) arising from or in connection with any claim for failure to comply with any laws, rules or regulations of federal, state or local government, claims of liable, slander or invasion of privacy, claims of infringement of copyright, patent or unauthorized use of any material or trademark, service mark or image, or for any other injury or damage in law or in equity claimed as a result of or from or connected with Access Users use of Access Channel Time, S.P.A. equipment, facilities or other resources. The foregoing shall include obscenity claims as well as any and all other claims related to scheduling or programming Access Channel Time, and shall include only claims relating to intentional malfeasance of any party or entity to be indemnified hereunder. Definitions AD VERTISING refers to any material designed to promote the sale of commercial products or services (including advertising on behalf of candidates for public office), or the solicitation of donations, remuneration or barter. Programs may not identify, promote, or make reference to any product, service, trademark, brand name or business in any manner which does not further the noncommercial message of the program, or which would jeopardize the noncommercial mandate of the Shakopee Public Access. Programs may not solicit funds or other property of value from viewers. Prices of products may not be mentioned. 16 Definitions Continued OBSCENE MATERIAL refers to any material that is obscene under applicable local, state or federal law. The Supreme Court generally uses the case of Miller v. California, 413 U.S. 15 (1973) as a standard. The case establishes a three-part test to determine whether material is obscene: 1. Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; 2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law: and 3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. PRURIENT INTEREST A morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex. 17 APPENDIX A Edit Suite #1 (or #2) Hours Sign-Up Sheet Week of: To reserve a timeslot, write in your name in each hour box on the days you would like to reserve. Mondav Tuesday Wednesday Thursday Friday 4:00 P.M. 5:00 P.M. 6:00 P.M. 7:00 P.M. Hours Logged (Write down in this section the actual hours you spent editing. For example, if you reserved from 4:00 P.M -7:00 P.M., but only were here from 4:30 P.M. - 6:00 P.M., write down 1 Yi hours total, the start and end time, your name, and the date.) Name Date Start End Total Hours 18 A~~-\ A .. SHAKO PEE PUBLIC ACCESS RULES AND REGULATIONS UPDATED 9-96 1. The Shakopee Public Access (SPA) will schedule equipment on a first-come, first- served basis that will maximize fairness and diversity of expression, and will ensure , that no person or group monopolizes facilities to the disadvantage of others. 2. An access user must acknowledge receipt of equipment, and agree to assume responsibility for any damage that occurs while it is in hislher name. This responsibility may extend to repair or replacement costs arising from damage or loss, with the exception of ordinary wear and tear. - 3. The creator of non-commercial programming is entitled to all non-commercial use of that program, may copyright that program in hislher name and is entitled to the rights of a copyright holder. 4. Equipment is provided to produce non-commercial productions for the SPA cable television channel. Equipment is not to be used for strictly private purposes or commercial purposes, or for purposes in violation of the SPA rules. 5. SPA reserves the right to unlimited non-exclusive showing for a twenty four (24) month period following the first showing of an access program created partially or wholly with SP A production equipment. 6. Access users must submit a program proposal before they book any equipment. Once the program proposal is submitted producers have up to four months to complete their program. After four months, access users who have not completed their program must meet with the SPA Studio manager for a program review before they may book any additional SPA equipment. The studio manager may request to see a/l footage shot up to this time. Time extensions may be denied if an access user has violated SPA rules or used SPA equipment for personal or commercial purposes. 7. Access users may reserve production equipment only during the hours the studio-is - open. Reservations may be made by telephone or in person. No bookings or time extensions on existing bookings will be accepted on voice mail. ...../:J 8. Access users must pay replacement cost for missing or damaged equipment before they may use any additional SPA equipment. 9.' Any access user returning equipment after the scheduled return date without making prior arrangements with the staff of SP A will be subject to suspension and loss of equipment privileges. ,'_"~'_'_'_' ._.._,.__. ____ ..__.~._.________~_,_, ~_....__.._.__.._.._____.__._~___h'._ . ~._..._..__..h._._.__..__'hh_.____.____._..__'h_'......__"_'___"_'_"'_"__h,~_,____,"_____'_.'..h__.._._._. .. _ -__..___... -'.- SHAKOPEE PUBLIC ACCESS RULES AND REGULATIONS UPDATED 9-96 10. Studio time must be scheduled at least one day in advance. , 11. You are required to submit all videotapes of programming to the station at least seven (7) business days before the program is to be shown. 12. No program shall be cablecast that involves any obscene material. (see definitions) 13. No program shall be cablecast that involves any advertising material. (see definitions) 14. In the event that funds. equipment or other items of value including volunteers are provided for any Access User, the Access User must identify the person or business according to the following policy: * Goods, services or money received from an Underwriter are to be used ONL Y to defer the costs of production. * The program must be unrelated to the commercial interests of the Underwriter. No discussion of products offered by the Underwriter may be discussed. Underwriting credits may appear only at the beginning and end of the program. * Underwriting credits should read as follows: "This program has been made possible in part by (Underwriters full name) * Prices of products may not be given. * The genera/location, community or neighborhood of an Underwriter may be given. but specific addresses are prohibited. * Corporate logos or still photographs of businesses are permitted at the close of the program. Photographs of products are not permitted. 15. No program shall be cab/ecast that involves any libelous or slanderous material. 16. All appropriate clearances (copyright,etc.) must be obtained by and are the responsibility of the User. SHAKOPEE PUBLIC ACCESS RULES AND REGULATIONS UPDATED 9-96 17. An announcement in one of the following forms may precede and/or appear during breaks in cablecast of programs offered by Access Users, at the discretion of SPA: * "The content and opinions presented in the following program are not necessarily those of the Shakopee Public Access, the City of Shakopee, or Paragon Cable of S hakopee. II - * "This access programming is made available through the facilities of the Shakopee Public Access." * IIThis program is considered to be of mature theme and therefore, may be considered to be offensive to some viewers. Viewer/parental discretion is advised." * liThe viewer may find the teohnical quality of some portions of the following program unsatisfactory." 18. Any single program or episode may be scheduled on SPA ohannels a maximum of two times per week. 19. Programs 15 minutes or shorter will be dubbed onto a half hour compilation tape. The resulting program will be shown four times, after which it will be considered archival. 20. Any single program or episode may be scheduled on SPA a maximum of 10 times, after which it will be considered archival. Archival programs may be rescheduled at the discretion of the Station Manager or Programmer. - 21. SPA may refuse to play programs which contain the following unacceptable technical video and audio difficulties as determined by SPA staff: * The tape is in poor physical condition. * Video displays too much generational loss - it is a copy of a copy of a copy... * The picture is too noisy, snowy or grainy. * Loss of control track , * The video is unstable - the picture jumps or flickers. * Audio displays a loud hum or buzz * The audio level varies greatly form scene to scene. * The audio is distorted. * The audio level is too low. SHAKOPEE PUBLIC ACCESS RULES AND REGULATIONS UPDA TED 9-96 22. Indemnification and hold harmless: All Access Users shall be fully responsible for the content of their programs. Such responsibility shall include, but not be limited to, making aU necessary arrangements with and obtaining all required clearances from broadcast stations, networks, sponsors, music licensing organizationst performers' representatives, authors, composers and any and all other persons or entities that may be necessary to transmit the Access Users program material on access channel time. All Access Users shall indemnify and hold harmless SPA, the City of Shakopee, and Paragon Cable of Shakopee, their officers directors, emplOyees, agents and representatives from any and all liability, damage injury,judgment, including cost of defending claim (including reasonable attorney's fees) arising from or in connection with any claim for failure to comply with any laws, rules or regulations of federal, state or local government, claims of liable, slander or invasion of privacy. claims of infringement of copyright, patent or unauthorized use of any material or trademark, servicemark or image, or for any other injury or damage in law or in equity claimed as a result of or from or connected with Access Users use of Access Channel Time, SPA equipment, facilities or other resources. The foregoing shall include obscenity claims as well as any and all other claims related to scheduling or programming Access Channel Time. and shall include only claims relating to intentional Malfeasance of any party or entity to be indemnified hereunder. 23. Access privileges may be revoked from any Access User for any of the following reasons: * Violating a law. * Not dealing with SPA staff in a straightforward or truthful manner, or misrepresenting themselves. * Not abiding by the policies, procedures and guidelines of SPA. * Using SPA equipment for anything other than the production of programs to air on SPA. - - * Loss of equipment. * Using excessive force, dropping or mishandling equipment. * Not protecting the equipment from loss or damage. * Using equipment in a dangerous or frivolous manner. * Failure to stop production when potential damage to equipment is apparent. * Returning equipment dirty or in disarray. , * Making statements to SPA that are knowingly false, misleading, or incomplete as . determined solely by SPA. This would include but is not limited to statements in the User's Equipment Checkout Form, Program Proposal form or any other SPA form. * Behaving in a manner adjudicated to be contrary to federal, state or local law, including but not limited to theft, assault,harassment (sexual or otherwise), damage to property and/or fraud. SHAKOPEE PUBLIC ACCESS RULES AND REGULATIONS UPDA TED 9-96 24. The length of suspension will be appropriate to the infringement, and will be established by SPA. As a general guideline. an Access User with two violations within the period of one year will be suspended from using equipment. facilities and or access channel time for a period of six months. 25. Decisions to air are not based on content. We are content neutral; however, programs which contain illegal material cannot be played. Some examples of illegal material would include copyright infringement or slander. In accordance with the First Amendment of the Constitution of the United States of America, the Shakopee Public- Access does not act as a censor for programs aired on our channels. 26. Any Access User who disagrees with a decision of SPA to the application of any of the foregoing rules may request a review and determination by the Shakopee Access Corporation. A review request must be made in writing to the Shakopee Access Corporation within forty-five (45) days from the time the person or entity is informed of the decision of SPA. The Shakopee Access Corporation will conduct the review and issue a written determination within fifteen (15) days of the meeting following receipt of the review request. DEFINITIONS: ADVERTISING refers to any material designed to promote the sale of commercial products or services (including advertising on behalf of candidates for public office), or the solicitation of donations. remuneration or barter. Programs may not identify. promote, or make reference to any product. service, trademark. brand name or business in any manner which does not further the noncommercial message of the program, or which would jeopardize the noncommercial mandate of the Shakopee Public Access. Programs may not solicit funds or other property of value from viewers. Prices of products may not be mentioned. OBSCENE MATERIAL refers to any material that is obscene under applicable local. state or federal law. The Supreme Court generally uses the case of Miller v. California, 413 U.S. 15 (1973) as a standard. The case establishes a three part test to determine whether material is obscene: 1. Whether the average person. applying contemporary community standards would find that'the work, taken as a whole, appeals to'the puritan interest; 2. Whether the work depicts or describes, in a patently ensive way. sexual conduct specifically defined by applicable state law: and 3. Whether the work, taken as a whole, lacks serious litera ,artistic, political, or scientific value. ~ .'" ,,"" ~ .:::! "