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HomeMy WebLinkAbout12.C. Update to Shakopee Public Access Policy Handbook-Res. No. 6922 I;;?c.. City of Shako pee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrato~ SUBJECT: Update to Shakopee Public Access Policy Handbook DATE: July 16, 2009 Introduction The Council is asked to adopt the attached Resolution, approving an updated version ofthe Shakopee Public Access Policy Handbook, as recommended by the Telecommunications Advisory Commission (T AC). Background The current Policy Handbook makes numerous references to the Public Access Studio at the Community Center, which was closed at the end of December, 2008. Therefore, updates to the handbook are needed to remove references to the studio and to reflect several resulting changes in how equipment check out and program submission are handled. Additionally, after working with the handbook for the past two years, we have identified or had brought to our attention several instances where the existing language is unclear or inconsistent. The T AC has reviewed these issues and made changes to resolve any inconsistencies. Council may wish to specifically note the following sections, which have eithef been changed as a result of this review or may be of special interest given recent discussions regarding the airing of adult content on the Public Access Channel. 1. Programming Containing Adult Content (see page 14). The TAC is recommending that we continue with the policy of airing programs containing adult content only once and outside of prime-time hours. Prime-time hours are defined by the FCC as 6:00 a.m to 10:00 p.m. Therefore, any programs submitted to SPA that contain adult content would aif after 10:00 p.m. under this policy, as they do currently. 2. Required Disclaimers (also on page 14). The T AC is recommending a slightly revised policy stating that Shakopee Public Access will create and air disclaimers regafding programming containing adult content, rather than requiring the producer of the pfogram to insert the disclaimer. This change will allow us to control the exact run time of the disclaimers, . as well as details like the font size and color ofthe disclaimer. 3. Duplication of Programs Aired. (see page 20) The updated policy clarifies that members of the public may purchase a DVD or VHS copy of programs aired on the Public Access Channel, unless the program is copyright protected, in which case we are unable to make copies. However, members of the public may request to view a copyrighted program that has aired on the channel at City Hall during regular business hours and subject to the retention schedule. 4. Retention Schedule. (see page 19) The proposed handbook includes a clarified retention schedule of one-year for all one-time and special event programming, while programs that are part of a series shall be disposed of upon receipt of a new program or episode. Budget Impact: None. Relationship to Vision: The operation of a Public Access Channel provides an opportunity for local residents to create programming of interest to them and the community and therefore contributes to Goal B - a High Quality of Life for local residents. Recommendation: The Telecommunications Advisory Commission recommends adoption of the attached policies as presented. Requested Action If it concurs, the Council is asked to offer Resolution No. 6922, a Resolution adopting an updated Policy Handbook for Shakopee Public Access. RESOLUTION NO. 6922 ADOPTING AN AMENDED SHAKOPEE PUBLIC ACCESS POLICY HANDBOOK WHEREAS, the City of Shakopee ("City") operates Shakopee Public Access (SPA) for the benefit of residents of the Shakopee cable franchise area; and WHEREAS, Resolution No. 6553 adopted a Policy Handbook establishing rules and regulations to ensure that all Shakopee residents have equal access to SP A equipment and facilities, that the channel maintains a professional broadcast appearance and for the protection of SP A users, staff, equipment and facilities; and WHEREAS, the recent closure of the Public Access Studio creates a need to update the Shakopee Public Access Policy Handbook to reflect certain changes in operational practice; and WHEREAS, the Telecommunications Advisory Commission has reviewed the existing Policy Handbook and recommend changes and clarifications as necessary; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shako pee, Scott County, Minnesota that the Shakopee Public Access Policy Handbook, attached hereto is hereby adopted, effective immediately. BE IT FURTHER RESOLVED that Resolution No. 6553 is hereby repealed in its entirety. Adopted in adjourned regular session held this 21 st day of July, 2009. Mayor of the City of Shakopee ATTEST: City Clerk SHAKOPEE PUBLIC ACCESS POLICY HANDBOOK Adopted By: Shakopee City Council Resolution No. 6553 December 19, 2006 Effective: January 1, 2007 Amendments . Section "Submitting a Program", "Program Identification" (page 9) amended February 7, 2007. . Section "Submitting a Program", "Permission to Cablecast" (page 10) amended April 9, 2007. '- . Section "Appendix A" (page 21), "Appendix B" (page 23) amended December 5, 2007. . Policy Handbook update June 2009. (This supersedes all previous policies.) Table of Contents Introduction Page 1 Getting Started Page 3 User Registration Page 3 Parental Consent Page 3 Utilizing SPA Equipment & Facilities Page 5 Reservations Page 5 Check-Out Page 6 Media Provision Page 6 Use Page 6 Retu rn Page 7 Edit Suite Usage Page 7/8 Video Production Training Page 8 Submitting a Program Page 9 First Amendment Page 9 Program Submission Page 9/10 Appropriate Format Page 9 Program Identification Page 9 Statement of Compliance Page 10/11 Permission to Cablecast Page 12 Political Programming Page 13 Technical Disclaimers Page 13 Adult Content Page 14 Required Disclaimers Page 14 Business/Sponsorship Policy Page 14/15 Policy Violations Page 17 Length of Suspensions Page 17 Appealing a Suspension or SPA Ruling Page 17/18 General Information Page 19 Program Retention Page 19 Submission Materials Page 19 Duplication Request Page 20 Limits of Liability Page 20 Indemnification and Hold Harmless Page 21 Amendments to this Policy Handbook Page 21 Definitions Page 23 Forms User / Organization Registration Page 25/26 Program Submission Page 27/28 Permission to Cablecast Page 29 Duplication Request Page 31 Introduction Public Access Television exists to provide citizens of a local government jurisdiction access to cable television and video production equipment and facilities. Examples of programming types commonly created for Public Access include local high school sporting events, local church services, original comedy or variety shows, concerts, recitals or other school events, community events such as parades and festivals, informational or how-to programs, and local historical videos. Residents are encouraged to create programming on whatever topic interests them. Shakopee Public Access (SPA) provides residents and businesses of the Shakopee cable franchise area free access to video cameras, microphones, tripods, a full portable studio and an editing suite. No previous video production experience is necessary. Individual training on basic skills including camera operation, multi- camera production and digital editing is available upon request. However, completion of a ready-to-cablecast video is the sole responsibility ofthe individual user or group of users. SPA encourages Shakopee residents to become involved in producing video programming that has local appeal and can be cablecast on SPA15. The following rules, regulations and forms have been adopted to ensure that all Shakopee residents and businesses have equal access to SPA equipment and facilities; to maintain a professional cablecast appearance on the channel; and for the protection of SPA users, staff, equipment and facilities. Shako pee Public Access Policy Handbook Page 1 Getting Started User Registration (See form p.25) The first step in becoming a SPA user is completing a User / Organization Registration Form, which supplies SPA with the information needed to register a new user (i.e., name, address, valid identification, and contact info). , A User /Organization Registration Form must be completed entirely and signed by any user wishing to move forward with usage of SPA equipment and its facilities as well as individuals submitting programs created by non-Shakopee residents. Parental Consent (See form p.25) Individuals under the age of 18 must have a parent, legal guardian, or organization representative act as the applicant and sign the User / Organization Registration Form. The individual being granted permission must be listed under "Parental Consent" on said form along with the date permission is effective until. Multiple individuals under age 18 being approved as part of an organization must be listed under "Member Name(s)" on said form. Ages must be listed next to each name, along with the date permission is effective until. Upon being given consent, users younger than 18 will be able to checkout, reserve, and use SPA equipment and facilities; and will be able to submit programming for cablecast on Shakopee Public Access, Cable Channel 15. Shako pee Public Access Policy Handbook Page 3 Utilizing SPA Eqyipment &. Facilities SPA has a wide variety of video production equipment available at no cost to residents of the Shakopee cable franchise area as well as Shakopee businesses and their employees at no cost. SPA offers free access to video cameras, microphones, tripods, and an editing suite. SPA equipment may only be used to produce non-commercial productions for SPA 15. Equipment may not be used for private purposes (e.g., weddings or birthdays), commercial purposes, producing shows for other parties (for-hire), or for purposes in violation of the SPA rules. Reservations Equipment checkout and edit suite reservation will be provided on a first-come- first-served basis. Users who make an advance reservation have priority in regards to equipment availability and check-out. Users wishing to utilize SPA equipment and/or facilities are asked to make reservations at least 24 hours in advance (or as otherwise appropriate) in order to ensure availability. However, equipment is sometimes available on short notice. Staffwill do their best to accommodate same day and drop-in requests made during regular Community Center hours. Reservations can be made by calling and speaking directly to Community Center staff or by visiting the Community Center front desk during regular hours of operation. Reservations requested by voicemail or email should not be considered official unless and until confirmed by a Community Center or SPA staff reply. After receiving a reservation in advance, staff will do its best to ensure batteries are charged and equipment is set to the default factory settings. If a user is making a drop-in request it should be assumed that batteries are not charged and equipment is likely set to the last user's preferences. In that situation it is best for a user to allow enough time prior to an event to check equipment batteries and settings and allow for charging and adjustments as needed. It is strongly encouraged that users wishing to have equipment tested due to a failure or other technical issue contact the City Telecommunications Coordinator. Shako pee Public Access Policy Handbook Page 5 Checkout (See form p.33) Equipment may be checked out only from Community Center or SPA staff. Presentation of a valid ID is required for initial registration and for every equipment checkout. Users may check out only one camefa at a time for a 24 hour period unless prior arrangements have been made. (Checking out only one camera at a time does not apply to the portable studio which may include up to four cameras.) Users will be required to sign a checkout sheet; this sheet wi11list and/or describe the equipment being checked out. Media Provision Any user checking out SPA equipment is eligible to receive free MiniDV tapes for use in creating their program. SPA will allow each user a total 12 MiniDV tapes out over any given period. If the 12 tape limit has been reached and no resulting programs have been submitted, no additional free tapes will be provided until a program is submitted from the previous 12 tapes. Use The user (or his or her parent, legal guardian or organization representative in the case of a user under age 18) acknowledges receipt of equipment when checking out equipment, and agrees to assume all responsibility for any damage or loss 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 normal wear and tear. Determination of normal wear and tear will be made by the City Telecommunications Coofdinator. Users are responsible for protecting equipment from damage including during or in advance of inclement weather. Users failing to stop production when potential damage to equipment is imminent will be subject to covering full repair or replacements costs and will be subject to disciplinary action. Shakopee Public Access Policy Handbook Page 6 Return Equipment must be returned to the Community Center during regular hours. Equipment is due back within 24 hours of checkout, unless other arrangements are made with Community Center Of SPA staff at the time of checkout. Any user returning equipment after the scheduled return date or to a City office or employee other than the Community Center or SPA staff without making prior arrangements will be subject to disciplinary action. Equipment should be returned in the same condition as at the time of checkout. The cost of repairing damage caused by anything other than normal weaf and tear, as determined by the City's Telecommunications Coordinator, will be the responsibility of the user. Users will be asked to clean or organize equipment that is dirty or in disarray before it is recognized for check in. If equipment requires more than simple cleaning, the user will be required to pay for professional cleaning or repair (as needed). All accessories (batteries, cables, adapters, etc.) must be returned along with the primary equipment before it is recognized for checkin. Any problems or issues related to the operation of the equipment should be reported to SPA staff at the time of return so that any necessary maintenance or repair can be scheduled. Users returning the portable studio with footage stored on the hard drive must transfer that footage to DVD or an edit suite hard drive within three SPA business days. Footage that is not transferred within the given time frame will be deleted. Edit Suite Usage The edit suite is to be used only for the purpose of viewing or editing footage for a program to be cablecast on SPAI5. Individuals must be a registered user in order to use the edit suite. No food or drink is allowed inside the edit suite. Users may store project files on the local hard drive or on an external hard drive. Every effort is made to protect information stored on SPA equipment. However, neither SPA nor Community Center staff is responsible for files accidentally deleted, relocated, misplaced or otherwise harmed. SPA recommends users provide a personal external hard drive to ensure the safety of in-progress and completed programs. Program files may be stofed on SPA owned equipment for a period of no more than one month to allow for editing. Shako pee Public Access Policy Handbook Page 7 Users other than SPA staff found accessing another user's file information without written permission may have their privileges suspended. SPA staff may access u~er file information from time to time to check on the status of project. Video Production Training Individual training on basic skills including camera operation, muti-camera production and digital editing is available upon request. A class may be organized for groups of five or more based on demand. Users are required to be trained on the portable studio prior to checkout. Shako pee Public Access Policy Handbook Page 8 Submitting a Program First Amendment In accofdance with the First Amendment of the United States Constitution, SPA does not act as a censor for programs cablecast on our channels. Program Submission (See form p.2l) ~ Programs must be submitted ready-to-cablecast and must be accompanied by a completed Program Submission Form. Eligible submissions include programming produced locally using SPA equipment and/or facilities as well as programming produced elsewhere but submitted by a resident of the SPA franchise area. Any SP A user submitting a program takes full responsibility to complete the program. SPA staffwill not create or edit a pfogram in any way. SPA may choose to supplement programming submitted by residents with programming submitted directly to SPA, in cases where such materials are likely to be of interest to SPA viewers as determined by the City's Telecommunications Coordinator. Items of importance for cablecast include but are not limited to: Appropriate Format and Program Identification. Appropriate Format- SPA approved formats are - DVD, SVHS, VHS, MiniDV and DV. If your program is not submitted in one of these formats, staff will notify you of the need to make a transfer. Program ldent(fication- Submission materials must be labeled with the program name, exact running time, producer's name and phone number. A graphic (or approved equivalent) at the beginning and end of each program is strongly encouraged, in order to provide an avenue for viewer feedback. Graphic information should include but is not limited to: title of show (should match title on program submission form), date taped or produced, user(s) full name(s) (first and last) and some contact info (phone number, mailing address, e-mail, etc...) Shakopee Public Access Policy Handbook Page 9 Submitted programs in SPA's possession shall not be considered accepted for cablecast until they have been reviewed by SPA staff for compliance with SPA policy. SPA does not view every submission from start to finish; however the submissions are spot reviewed for technical quality and compliance with this handbook. Further review will be completed as necessary. SPA does not accept or cablecast programs containing advertising or commercial content. If a program is determined to be of poor video and/or audio quality, the program may not be accepted. Programs lacking a required permission to cablecast form (as needed) will not be accepted. In such cases, SPA staffwill contact the appropriate user and notify himlher of the problems that need to be corrected in order for the program to be cablecast. SPA reserves the right to cablecast programs only once. Program replay, timeslot and frequency will be determined by the City Telecommunications Coordinator. SP A15 schedules are published on the Shakopee Public Access web site (www.shakopeepublicaccess.com) and in the Shakopee Valley News. Published schedules are subject to change. Watch the Shakopee Public Access Cable Channel 15 bulletin board for the most up-to-date information regarding playback schedules. Statement of Compliance The Statement of Compliance details cablecast rules to which all SPA users and SPA15 must comply. The Statement of Compliance is part of the User Registration Form and Program Submission Form; it is signed when a resident first applies to be a SPA user. The Statement of Compliance Reads: . I certify that I will always be thoroughly familiar with the contents of the programs I submit for playback on Shakopee Public Access, Cable Channel 15. . I certify that no advertising material or other commercial programming, lottery or lottery information, obscene material, material soliciting or promoting unlawful conduct, and slanderous or libelous material will be contained in my programs. . I certify that I will disclose on the program submission form if my programs contain any adult content or mature themed material. For example, adult language, graphic portrayals, and/or violent scenes. . I certify that I will disclose on the program submission form if my programs contain business and/or sponsorship slates. I will further Shako pee Public Access Policy Handbook Page 10 disclose where on the program these slates can be found, beginning or end, for review. . I certify that I will obtain any and all clearances for the cablecast and web- streaming of my programs from cablecast stations, networks, sponsors, music and film licensing organizations, performers, representatives, authors, composers, and all other license or copyright holders for any content contained in my programs, as required. . I certify that I will obtain all necessary permissions from persons/organizations appearing in my programs. . I request that the programs I submit be shown on the City of Shakopee Public Access Channel. I authorize the subsequent replay of these programs at the discretion of the City Telecommunications Coordinator. . I accept full responsibility for the content of these programs and the consequences of their presentation. I acknowledge and agree that I am liable for any and all costs arising from the use of copyrighted or licensed materials. . I agree to pay the replacement cost or repair of any items lost or damaged while checked out under my name. Determination of normal wear and tear will be made by the City Telecommunications Coordinator and is to be exempted. . I have read the Shakopee Public Access (SPA) Policy Handbook. I understand and agree to the rules and procedures surrounding the treatment of programming that violates the rules. . I hereby indemnify and hold harmless SPA, the City of Shakopee, Comcast Cable, and their respective officers, directors, employees, agents and representatives from any and all liability, damage, injury and judgments arising from the cablecast, playback, or production of any programming or other claim as set forth in the Shakopee Public Access (SPA) Policy Handbook. . I further attest that I have truthfully completed this User / Organization Registration Form or Program Submission Form. Shako pee Public Access Policy Handbook Page 11 Permission to Cablecast (See form p.29) Shakopee Public Access strives to balance the interests of users/producers creating a program for cablecast with individuals' right to privacy and to control theif intellectual property. Therefore, SPA works to ensure that programming originating from our facility has the necessary permissions to cablecast. Users are responsible for seeking the necessary permissions to cablecast all images and audio contained in their program. This responsibility includes, but is not limited to, making all necessary arrangements with and obtaining all required clearances from broadcast/cablecast stations, networks, sponsors, music licensing organizations, performers, representatives, authors, composers and any and all other persons or entities involved in the program. The Telecommunications Coordinator has the discretion to require any user submitting a program for cablecast to provide a written Permission to Cablecast letter or form signed by the sponsor of an event being taped for cablecast or the primary subject of a program submitted for cablecast. Examples of situations where a Permission to Cablecast letter or form will be required include: . Events/classes/programs sponsored by a specific community organization (e.g. Shakopee Community Education, Shakopee School District, Shakopee Library, and Shakopee Community Center). For example, to tape/cablecast a Shakopee High School football game, the Shakopee Public School District will need to sign a Permission to Cablecast form or letter. . Events/programs in which children under the age of 18 are the primary focus (this includes but is not limited to children's dance or music recitals, school pageants, etc.) . Events/programs featuring a performer or speaker as the primary focus of the video. For example, a performance by a magician, comedian or musician where the performer is not the one submitting the video for cablecast. The above examples are not all inclusive. SPA has created a Permission to Cablecast form that SPA users can take into the field with them as a handy tool to accomplish receiving the proper permission. A Permission to Cablecast letter or form does not preclude or replace any documentation necessary for use of copyrighted matefial. Shakopee Public Access Policy Handbook Page 12 Political Programming SPA will not accept programming containing advertising that includes any advertising messages by or on behalf of a political candidate, ongoing political issues or ballot measures. This shall not prevent the presentation of materials or programming that provides the opportunity for all candidates for a particular elected office or proponents of all sides of an issue to appear in an equitable manner; for example candidate forums. Technical Disclaimers Although true "broadcast/cablecast standards" will not be used in considering programs for cablecast, a program may be rejected if the audio and/or video is not present or quality is so poor that the viewer will have difficulty watching or listening. SPA may reject a program or ask a user to edit or re-submit a program if any of the following are found . The tape or DVD is in poor physical condition. . Video displays too much generational loss (i.e., 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 (e.g., the picture jumps or flickers). . Audio has a loud hum or buzz on the normal audio track. . The audio is distorted. . The video/audio is not present. . The program during cablecast causes technical interference with other channels on cable system lineup. . Video and/or audio is over compressed. In the event that a program submitted for cablecast is disclosed to contain or found to have a technical problem warranting the use of a technical disclaimer, SPA shall run the following disclaimer for 30 seconds in advance of the program. "The viewer may find the technical quality of some portions of the following program unsatisfactory. " SPA staff shall have full discretion to determine whether or not a program is acceptable for cablecast based on technical merit. SPA staff will notify users when a submission is found to have enough technical concern to merit a denial of cablecast. Shako pee Public Access Policy Handbook Page 13 Adult Content SPA strives to assist people in making informed viewing decisions while providing an opportunity for all forms of expression without censorship and in accordance with existing laws. It is the intention of SPA 15 to notify parents or guardians up front when programming is cablecast that may be inappropriate for children. Programs containing adult content or mature material such as, adult/vulgar language, nudity, physical violence, degradation, graphic depiction of invasive medical procedures, indecent material, etc., will be required to be preceded by a disclaimer advising viewer discretion. Any and all programs containing adult content or mature-themed material will only be cablecast once and only outside of prime-time hours. The FCC has defined prime-time hours as 6 a.m. to 10 p.m. Users submitting programming shall be responsible for notifying SPA, via the Program Submission Form, if their program contains adult content or mature material. Users failing to notify SPA of such material will be subject to disciplinary action. Required Disclaimers In the event that a program submitted for cablecast is disclosed to contain any adult content or mature-themed material, SPA shall run one or both of the following disclaimers for 30 seconds (each) in advance of the program. "The following program contains adult content and may be offensive to some viewers. Viewer/parental discretion is advised." "The content and opinions presented in the following program are not necessarily those of Shakopee Public Access, the City of Shakopee, or Comcast Cable." Business/Sponsorship Policy A program may identify sponsors providing funds, equipment and items of value or volunteers according to the following policy: . Business/sponsorship credits must be clearly identified as such. The following format is strongly encouraged: "This program has been made possible in part by (Business/sponsor full name). " . Goods, services or money received from a business/sponsor are to be used ONL Y to defer the costs of production. Shako pee Public Access Policy Handbook Page 14 . The program must be unrelated to the commercial interests of the business/sponsor. . No discussion of products offered by the business/sponsor is permitted. Prices of products may not be given. . The general location, community or neighborhood of a business/sponsor may be given, but specific addresses and phone numbers are prohibited. . Corporate logos or still images of businesses/sponsors are permitted at the beginning and/or close ofthe program. . Images of the business or sponsor product( s) are not permitted. . Business/sponsorship credits may be no longer than 20 seconds pef business and may appear only at the beginning and/or close of the program. . Business/sponsorship credits may not contain comparative or qualitative language about the underwriter or its product. Shako pee Public Access Policy Handbook Page 15 Policy Violations Users who violate SPA rules may be suspended from using SPA equipment and facilities, and from submitting programs for cablecast. Users who violate SPA rules may also have programs in violation pulled from the cablecast schedule. User privileges or programs may be revoked fOf any ofthe following reasons: . Failure to abide by the policies, procedures and guidelines of SPA. . Using SPA equipment for anything other than the production of programs to cablecast on SPAI5. . Making statements to SPA, verbally or in written form, that are knowingly false, misleading, or incomplete. . Using excessive force, dropping or mishandling equipment. Failure to protect 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, including inclement weather. . Repeatedly returning equipment that is dirty or in disarray or after the scheduled return date. . Using SPA facilities and/or equipment to facilitate or carry out any action that violates federal, state or local laws. . Representing oneself as an employee or volunteer working on behalf of the City of Shakopee, Shakopee Public Access or Comcast. City staff and/or the public should notify the City Telecommunications Coordinator of any issue or behavior they feel warrants suspension or other disciplinary action. The Telecommunications Coordinator will review the issue and make a decision whether or not to proceed with disciplinary action. Length of Suspensions The length of suspension will be based on the severity of the violation and determined on a case-by-case basis. Severe violations, as determined by the Shakopee Telecommunications Advisory Commission, may result in permanent suspenSIOn. Appealing a Suspension or SPA Ruling Any user who disagrees with a decision by the City's Telecommunications Coordinator 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 thirty (30) days Shako pee Public Access Policy Handbook Page 17 from the time the person or entity is informed of the decision by the City's Telecommunications Coordinator. . The Shakopee Telecommunications Advisory Commission will conduct the review and issue a written decision within thirty (30) days ofthe meeting following receipt of the review request. . If the user disagrees with the Shakopee Telecommunications Advisory Commission's suspension decision, the suspended user may make an appeal in writing to the Shakopee City Council within thirty (30) days of the Shakopee Telecommunications Advisory Commission's decision. . The Shakopee City Council will conduct a review and issue a written decision within thirty (30) days of the meeting following receipt of the review request. . The review conducted by the Shakopee Telecommunications Advisory Committee or City Council shall afford the affected user the right to participate, be represented by an attorney, and present evidence and argument. Shako pee Public Access Policy Handbook Page 18 General Information Program Retention SPA will retain copies of submitted programs according to the following policy. Producers should retain their own copies if desired and not rely on SPA to maintain an archive of programs. Non-series programs - A DVD copy of all one-time or special event programming accepted for airing on Shakopee Public Access shall be maintained for one year from the date of submission. Series programs - In the case of programming submitted on a regular basis under the same title (i.e., Army Newswatch, Vets Visits, Mt. Olive Lutheran Church, etc.), Shakopee Public Access shall dispose of any previous programs that have already aired upon receipt of a new program/episode. Submission Materials Users submitting MiniDV (or other) tapes may request return oftapes. These tapes will be returned to the user as soon as the capture process is complete. Users submitting programs on tape may also request one free copy of the program on DVD, subject to copyright. These requests must be made at the time of submission or they will not be recognized. Programs submitted already on DVD will not qualify to receive a free DVD copy. The original DVD will be returned to the user once the capture process is complete. Users may request additional copies of a DVD if needed, subject to copyright, but the established duplication fee must be paid for all requests. Shako pee Public Access Policy Handbook Page 19 Duplication Request (See form p.31) Most programs cablecast on SPA15 are available to members of the public requesting a DVD or VHS copy. However, SPA does not make copies of programs where copyright protection is clearly indicated on the SPA Program Submission Form and/or the Permission to Cablecast Form. While they cannot be copied, copyrighted programs aired on SPA Channel 15 will be made available for the public to view at Shakopee City Hall during regular business hours, with reasonable advance notice and subject to the established retention schedule. A Duplication Request Form must be completed and submitted and appropriate fees paid for all duplication requests. Specific fee information can be found as part of the City of Shako pee Fee Schedule. SPA reserves the right to create dubs as time allows (within reason) and to deny duplication requests in excess of five copies. In cases where SPA cannot accommodate a duplication request, staffwill provide the name and contact information for at least one duplication facility in the metro area. Limits of Liability SPA 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 SPA causes a tape to be damaged irreparably, SPA will replace the tape itself with a blank tape of similar quality and format, but will in no way be held responsible fOf any lost content on the tape. SPA will not replace tapes that have been provided as part of the SPA media provision policy. Users are encouraged to submit a copy of their original or master tape(s) for cablecast. Shako pee Public Access Policy Handbook Page 20 Indemnification and Hold Harmless: All users shall indemnify and hold harmless: Shakopee Public Access, the City of Shakopee and Comcast Cable; their officers, directors, employees, agents and representatives from any and all liability, damage, injury, judgment, including cost of defending claims (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 their use of SPA cablecast time, SPA equipment, facilities or other resources. Amendments to this policy Handbook The City of Shakopee reserves the right to add to, delete from or otherwise amend this policy and its forms as needed for the protection of SPA users, staff, equipment and/or facilities. Shakopee Public Access Policy Handbook Page 21 Definitions ADVERTISING (p.lO) refers to any material designed to promote the sale of commercial products or services including advertising by or on behalf of candidates for public office, the solicitation of donations, payment, trade or barter. Programs may not identify, promote or make reference to any product, service, trademark, brand name or business in any manner that does not further the noncommercial message of the program or would jeopardize the noncommercial mandate of SPA. Programs may not solicit funds or other property of value from viewefs. Prices of products may not be mentioned. Programs fitting under these descriptions will not be accepted. BAllOT MEASURE (p.12) (also known as a ballot proposition, ballot initiative or referendum) refers to any policy question that is decided by votefs, typically on the state or local level. Measures can be binding (i.e., the voters' decision becomes law) or nonbinding. INDEMNIFY (p.ll) to provide somebody with protection, especially financial protection, against possible loss, damage, or liability. OBSCENE MATERIAL (p.lO) 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 (a morbid, degrading and unhealthy interest in sex, as distinguishedfrom a mere candid interest in sex.); 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. Shakopee Public Access Policy Handbook Page 23 ~:II Shakopee Public Access Cable Channe115 (SPAI5) SHAKOPEE User / Organization Registration This form must be complete and legible -- please print or type. Applicant How did you hear about SPA? Name: Date: Address: I City: State: I Zip: Organization (if applicable): Phone (day): Title (if applicable): Phone (evening): Email: lama OShakopee resident lama CJ New user (check only one) (check only one) OShakopee organization o Renewing user Level of desired Participation o Full o Partial (i.e. submission only) (check only one) * INCLUDES the ability to checkout or * DOES NOT include the ability to use in-house SPA equipment. checkout or use in-house SPA equipment. Or anizations - Please.fill-in Organizations may have up to 10 members as part oftheir membership (underage members must list age, and if applicable, date permission ceases) -- please print. Member name(s) This person may (check only one) 1. o Tape Only I 0 Submit Only I 0 Tape and Submit 2. o Tape Only I 0 Submit Only I 0 Tape and Submit 3. o Tape Only I 0 Submit Only I 0 Tape and Submit 4. o Tape Only I 0 Submit Only I 0 Tape and Submit 5. o Tape Only I 0 Submit Only I 0 Tape and Submit 6. o Tape Only I 0 Submit Only I 0 Tape and Submit 7. o Tape Only I 0 Submit Only I 0 Tape and Submit 8. o Tape Only I 0 Submit Only I 0 Tape and Submit 9. o Tape Only I Cl Submit Only I Cl Tape and Submit 10. o Tape Only I 0 Submit Only I Cl Tape and Submit Members listed will be required to become registered as an individual with the Shakopee Public Access facility in order to check out SPA equipment. Please complete other side Shako pee Public Access Policy Handbook Page 25 Statement of Compliance - Please read and sign . I certify that I will always be thoroughly familiar with . I agree to pay the replacement cost or repair of any items the contents of the programs I submit for playback on lost or damaged while checked out under my name. Shakopee Public Access, Cable Channel 15. Determination of normal wear and tear will be made by . I certify that no advertising material or other the City Telecommunications Coordinator and is to be commercial programming, lottery or lottery exempted. information, obscene material, material soliciting or . I have read the Shakopee Public Access (SPA) policy promoting unlawful conduct, and slanderous or handbook. I tmderstand and agree to the rules and libelous material will be contained in my programs. procedures surrounding the treatment of programming . I certify that I will disclose on the program submission that violates the rules. form if my programs contain any adult content or . I hereby indemnify and hold harmless SPA, the City of mature themed material. For example, adult language, Shakopee, Comcast Cable, and their respective officers, graphic portrayals, and/or violent scenes. directors, employees, agents and representatives from any . I certify that I will disclose on the program submission and allliabiIity, damage, injury and judgments arising form if my programs contain business and/or from the cablecast, playback, or production of any sponsorship slates. I will further disclose where on the programming or other claim as set forth in the Shakopee program these slates can be found, beginning or end, Public Access (SPA) Policy Handbook. for review. . I further attest that I have truthfully completed this User / . I certify that I will obtain any and all clearances for the Organization Registration Form. cablecast and web-streaming of my program from cablecast stations, networks, sponsors, music and film licensing organizations, performers; representatives, authors, composers, and all other license or copyright holders for any content contained in my program, as Applicant's signature required. . I certify that I will obtain all necessary permissions from persons/organizations appearing in the program. . I request that programs I submit be shown on the City Applicant's printed name Date of Shakopee Public Access Channel. I authorize the subsequent replay of these programs at the discretion of the City Telecommtmications Coordinator. . I accept full responsibility for the content of these programs and the consequences of their presentation. I acknowledge and agree that I am liable for any and all costs arising from the use of copyrighted or licensed materials. Parental Consent Individuals under age 18 are required to have a parent, legal guardian or organization representative sign on their behalf. If multiple individuals are listed above under "organizations" please leave the "date permission ceases" line empty below. Parent, legal guardian, or organization representative printed name Date permission ceases Parent, legal guardian, or organization representative signature This following section is for SPA or Community Center staff use ONLY Valid ID Information: Staff will request to see a valid state/government issued photo ID and a copy this ID will be made and attached to this form for internal records only. Shako pee Public Access Policy Handbook Page 26 "rut;;" Shakopee Public Access Cable Channel 15 (SPA15) SHAKOPBE Program Submission Form This form must be complete and legible -- please print or type. Name: . Date Submitted: Of this program I am the (check only one) [J Local producer [J Local sponsor Program Title: Date Recorded: I Running Time: Program Content Description: Discloser of Program Content (check all that apply) Does this program contain adult content or mature themed material? [J Yes [J No For example, adult language, graphic portrayals and/or violent scenes. Does this program contain business or sponsorship slates? [J Yes [J No If business or sponsorship slates are present, where in the program can [J Beginning [J End they be found? Technical Disclaimer Are you aware of any technical issues in this program? [J Yes [J No Please describe the technical issues to the best of your ability: Duplication Request Most programs cablecast on SPA15 are available to members of the public requesting a DVD or VHS copy. However, SPA does not make copies of programs where copyright protection is clearly indicated on the SPA Program Suhmission Form. Is this program copyright protected? I [J Yes I [JNo As a submitting user, you receive one free copy of a program submitted on MiniDV, subject to copyright. Programs submitted on DVD will not qualify to receive one free copy. For any additional copies, please complete a duplication request form, regular fees will apply. Specific fee information can be found as part of the City of Shakopee Fee Schedule. Would you like your one free copy? [J Yes [J No I If yes, what format? [J DVD [J VHS I Please complete other side I Shako pee Public Access Policy Handbook Page 27 Cablecast Requirements Have you properly labeled your submission DYes DNo (Jf not, please label your submission materials with materials? program name, your name and phone number) Have you obtained the necessary permission to DYes DNo D Not applicable (Jfyou believe this program does" cablecast your submission? not require permission, please check here.) Have you obtained and submitted a signed DYes DNo o Not applicable (Jfyou believe this program does Permission to Cablecast Form? not require permission, please check here.) Cablecast Pia back Program replay, timeslot, and frequency will be determined by the City Telecommunications Coordinator. SP A15 schedules are published on the Shakopee Public Access website (www.shakopeepublicaccess.com) and in the Shakopee Valley Newspaper. Published schedules are subject to change. Watch the Shakopee Public Access Cable Channel 15 bulletin board for the most up-to-date information regarding playback schedules. Tape or DVD Return How will your materials be o I will pick up personally I:J Please Mail: self-addressed, postage o Please recycle picked up or returned? paid envelope provided Statement of Compliance . I am thoroughly familiar with the contents of this . I certify this program is not an invasion of privacy or program that I am submitting for playback on publicity right and is shown with all the necessary Shakopee Public Access, Cable Channel 15. permissions obtained from persons/organizations . I certify that no advertising material or other appearing in the program. commercial programming, lottery or lottery . I accept full responsibility for the content of this information, material soliciting or promoting unlawful program and the consequences of its presentation. I conduct, slanderous or libelous material is contained in acknowledge and agree that I am liable for any and all this program. costs arising from the use of copyrighted or licensed . I certify that I have disclosed on this program materials. submission form if this program contains any adult . I agree to pay the replacement cost or repair of any content or mature themed material. Including adult items lost or damaged while checked out under my language, graphic portrayals, and/or violent scenes. name. Determination of normal wear and tear will be . I certify that I have disclosed on this program made by the City Telecommunications Coordinator and submission form if this program contains business is to be exempted. and/or sponsorship slates. I have further disclosed . I have read the Shakopee Public Access (SPA) policy where on the program these slates can be found, handbook. I understand and agree to the rules and beginning or end, for review. procedures surrounding the treatment of programming . I certify that I have obtained any and all clearances for that violates the rules. the cablecast of this program from cablecast stations, . I hereby indemnify and hold harmless SPA, the City of networks, sponsors, music and film licensing Shakopee, Comcast Cable, and their respective officers, organizations, performers; representatives, authors, directors, employees, agents and representatives from composers, and all other license or copyright holders any and all liability, damage, injury and judgments for any content contained in this program, as required. arising from the cablecast, playback, or production of . I request that this program be shown on the City of any programming or other claim as set forth in the Shakopee Public Access Channel. I authorize the Shakopee Public Access (SPA) Policy Handbook. subsequent replay of this program at the discretion of . I further attest that I have truthfully completed this SPA. Program Submission Form. SP A STAFF USE ONLY Cablecast Show ID number / Notes: . ~~~ ~ Access Policy Handbook Shakopee Public Access Cable Channel 15 (SPA1S) Page 28 Permission to Cablecast Form This form must be complete and legible -- please print or type. Program Title: Program Content Description: I (print first & last name) , hereby grant permission to (person identified above as taped/produced by) to video tape images and audio from the event or program listed above and to submit tbat tape for cablecast on Shakopee Public Access Cable Channel 15. I hereby indemnify and hold harmless Shakopee Public Access, the Shakopee Telecommunications Advisory Commission, the City of Shakopee, Comcast 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 or playback of this program. For how long are you granting permission to have this cablecast? (For example, one week, two months, certain month of certain year e.g., February 2008) Address: City: State: Zip: Organization (if applicable): Phone (day): Title (if applicable): Phone (evening): Email: S'. tu D t Duplication Request Most programs cablecast on SPA15 are available to members of the public requesting a DVD or VHS copy. However, SPA does not make copies of programs where copyright protection is clearly indicated on the SPA Permission to Cablecast Form. Is this program copyright protected? I DYes I DNo Program replay, timeslot, and frequency will be determined by the City Telecommunications Coordinator. SPA15 schedules are published on the Shakopee Public Access website (www.shakopeepublicaccess.com) and in the Shakopee Valley News. Published schedules are subject to change. Watch the Shakopee Public Access Cable Channel 15 bulletin board for the most up-to-date information regarding playback schedules. Please send this form to Email: channe115@ci.shakopee.mn.us Fax: 952-233-3801 Attn: Public Access Mail: Public Access 1129 Holmes St. S I Shakopee, MN 555379 Shako pee Public Access Policy Handbook Page 29 ~~ Shakopee Public Access Cable Channel 15 (SPAI5) SHAKOPEE Duplication Request This form must be complete and legible -- please print or type. Program Title: Requestor Name: Address: City: State: Zip: Organization (if applicable): Phone (day): Title (if applicable) : Phone (evening): Email: $10.00 each Dubbed onto VHS or DVD See Shakopee Public Access (SPA) Policy Handbook (p.20) for further information. Request taken in the form of: Signature Date Shako pee Public Access Policy Handbook Page 31