HomeMy WebLinkAbout5.F.7. Shakopee Public Access Policy Handbook-Res. No. 7154TO: Mayor and City Council
Mark McNeil, City Administrator
City of Shakopee
Memorandum
FROM: John Peterson, Telecommunications Coordinator
SUBJECT: Shakopee Public Access Policy Handbook
DATE: December 7, 2011
Action Requested
The City Council is asked to offer Resolution No. 7154, a resolution adopting an amended
Shakopee Public Access Policy Handbook, and move its adoption.
5ff)
Introduction
The City Council is asked to review recommendations from the Telecommunications Advisory
Commission (TAC) regarding amendments to the Public Access Policy Handbook.
CONSNT
Background
With the discontinuation of equipment checkout, a number of updates need to be made to the
Shakopee Public Access Policy Handbook to remove references to the discontinued service.
Attached is a mark up copy showing the changes and a clean copy of the final draft as
recommended by the TAC.
Page 1 of 1
RESOLUTION NO. 7154
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. 6922 adopted a Policy Handbook establishing rules
and regulations to ensure that all Shakopee residents have equal access to SPA
equipment and facilities, that the channel maintains a professional broadcast
appearance and for the protection of SPA users, staff, equipment and facilities; and
WHEREAS, the decision to discontinue equipment checkout effective January 1,
2012 creates a need to update the Handbook to remove references to the discontinued
service.
WHEREAS; the Telecommunications Advisory Commission has reviewed the
existing Policy Handbook and recommend changes and clarification as necessary:
NOW; THEREFORE; BE IT RESOLVED, by the City Council of the City of Shakopee,
Scott County, Minnesota that the Shakopee Public Access Policy Handbook, attached
hereto is hereby adopted, effective January 1, 2012.
BE IT FURTHER RESOLVED that Resolution No. 6922 is hereby repealed in its
entirety.
ATTEST:
City Clerk
Adopted in adjourned regular session held this 20 day of December, 2011.
Mayor of the City of Shakopee
ee.mn.
www.shakopeepublicaccess.com
129 Holmes Street Sout
akopee, MN 553
SHAKOPEE PUBLIC ACCESS
POLICY HANDBOOK
Adopted By:
Shakopee City Council
Resolution No. 6922
December 20, 2011
Effective: January 1, 2012
This area was intentionally left blank.
(This supersedes all previous policies.)
Table of Contents
Introduction Page 1
Getting Started Page 1
User Registration Page 1
Parental Consent Page 1
Submitting a Program Page 2
First Amendment Page 2
Program Submission Page 2/3
Appropriate Format Page 2
Program Identification Page 2
Statement of Compliance Page 3/4
Permission to Cablecast Page 5
Political Programming Page 6
Technical Disclaimers Page 6
Adult Content Page 6/7
Required Disclaimers Page 7
Business /Sponsorship Policy Page 7
Policy Violations Page 8
Length of Suspensions Page 8
Appealing a Suspension or SPA Ruling Page 8
General Information Page 9
Limits of Liability Page 9
Indemnification and Hold Harmless Page 9
Amendments to this Policy Handbook Page 9
Definitions Page 10
Forms
User / Organization Registration Page 11/12
Program Submission Page 13/14
Permission to Cablecast Page 15
Introduction
Shakopee Public Access (SPA) provides residents and businesses of the Shakopee cable franchise area free
access to a cable Public Access channel for the playback of a ready -to- cablecast program (hereafter referred to
as SPA facility or facilities). However, completion of a ready -to- cablecast video is the sole responsibility of the
producer or person submitting the video.
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 maintain a
professional cablecast appearance on the channel; and for the protection of SPA users, staff, equipment and
facilities.
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 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 submit programming for cablecast on
Shakopee Public Access, Cable Channel 15.
Shakopee Public Access Policy Handbook Page 1
Submitting a Program
First Amendment
In accordance 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.27)
Programs must be submitted ready -to- cablecast and must be accompanied by a completed Program Submission
Form. Eligible submissions include programming produced locally as well as programming produced
elsewhere but submitted by a resident of the SPA franchise area. Any person or group submitting a program
takes full responsibility to ensure the program is complete. SPA staff will not create or edit a program 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. While it will be preferred supplemental programs do not need to be
submitted or sponsored by a resident of the SPA franchise area.
Items of importance for cablecast include but are not limited to: Appropriate Format and Program Identification.
Appropriate Format
SPA approved formats are — DVD. If your program is not submitted on DVD it will be
returned.
Program Identification
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 2
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 staff will contact
the appropriate user and notify him/her 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. SPA15 schedules are available on the Shakopee
Public Access website (www.shakopeepublicaccess.com) and in print media. 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:
1. 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.
2. 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.
3. 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.
4. I certify that I will disclose on the program submission form if my programs contain business and/or
sponsorship slates. I will further disclose where on the program these slates can be found, beginning or
end, for review.
5. I certify that prior to submission 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.
6. I certify that prior to submission I will obtain all necessary permissions from persons /organizations
appearing in my programs.
7. 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.
Shakopee Public Access Policy Handbook Page 3
8. 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.
9. 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.
10. 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.
11. I further attest that I have truthfully completed this User / Organization Registration Form or Program
Submission Form.
Shakopee Public Access Policy Handbook Page 4
Permission to Cablecast
(See form p.2.9)
Shakopee Public Access strives to balance the interests of users /producers creating a program for cablecast with
individuals' right to privacy and to control their 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 material.
Shakopee Public Access Policy Handbook Page 5
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 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.
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 SPA15 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.
Shakopee Public Access Policy Handbook Page 6
Any and all programs containing adult content or mature - themed material will only be cablecast once and only
between the hours of midnight and 6:00 a.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 ONLY to defer the costs
of production.
• No discussion of products offered by the business /sponsor is permitted. Prices of products may not
be given.
• No discussion of services offered by the business /sponsor is permitted.
• No commercial intent for a business /sponsor is permitted.
• 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 of
the program.
• Images of the business or sponsor product(s) are not permitted.
• Business /sponsorship credits may be no longer than 20 seconds per 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.
Shakopee Public Access Policy Handbook Page 7
Policy Violations
Users who violate SPA rules may be suspended 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 for any of the following reasons:
• Failure to abide by the policies, procedures and guidelines of SPA.
• Making statements to SPA, verbally or in written form, that are knowingly false, misleading, or
incomplete.
• Using SPA facilities 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 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 of the 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.
Shakopee Public Access Policy Handbook Page 8
General Information
Limits of Liability
SPA is not liable if the program or material submitted is damaged, lost or stolen while in its custody. SPA will
in no way be held responsible for any lost content on the DVD. Users are encouraged to submit a copy of their
original or master program for cablecast.
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 9
Definitions
ADVERTISING (p.6 & 9) 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 viewers. 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 voters, typically on the state or local level. Measures can be binding (i.e.,
the voters' decision becomes law) or nonbinding.
INDEMNIFY (p.11) to provide somebody with protection, especially financial protection, against possible
loss, damage, or liability.
OBSCENE MATERIAL (p.10) 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
distinguished from 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 10
Applicant
How did you hear about SPA?
Name:
Date:
Address:
City:
State:
Zip:
Organization (if applicable):
Phone (day):
Title (if applicable):
Phone (evening):
Email:
SHAKOPEE
Shakopee Public Access Cable Channel 15 (SPA15)
User / Organization Registration
This form must be complete and legible -- please print or type.
I am a
(check only one)
UShakopee resident
UShakopee organization
I am a
(check only one)
Organizations may have up to 10 members as part of their membership
(underage members must list age, and if applicable, date permission ceases) -- please print.
Shakopee Public Access Policy Handbook
❑ New user
❑ Renewing user
Or • anizations - Please fill-in
Member name(s)
This person may (check only one)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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
Page 11
Statement of Compliance - Please read and sign
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.
2. 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.
3. 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.
4. I certify that I will disclose on the program submission
form if my programs contain business and/or
sponsorship slates. I will further disclose where on the
program these slates can be found, beginning or end,
for review.
5. I certify that prior to submission I will obtain any and
all clearances for the 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 required.
6. I certify that prior to submission I will obtain all
necessary permissions from persons /organizations
appearing in the program.
7. I request that 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.
8. 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.
1.
Valid ID Information:
Parent, legal guardian, or organization representative printed name
Parent, legal guardian, or organization representative signature
Shakopee Public Access Policy Handbook
9. 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.
10. 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.
11. I further attest that I have truthfully completed this User /
Organization Registration Form.
Applicant's signature
Applicant's printed name Date
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.
Date permission ceases
This following section is for SPA or Community Center staff use ONLY
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.
Page 12
SHHAKOPEE
SPA User
Name:
Of this program I am the (check only one) ❑ Local producer
Program
Title:
Date Recorded:
What is this program about?
Discloser of Program Content (check all that apply)
Does this program contain adult content or mature themed material? ❑ Yes
For example, adult language, graphic portrayals and/or violent scenes.
Does this program contain business or sponsorship slates? ❑ Yes
If business or sponsorship slates are present, where in the program can
they be found?
Technical Disclaimer
Are you aware of any technical issues in this program?
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) copy. However, SPA does not
make copies of programs where copyright protection is clearly indicated on the SPA Program Submission Form.
Is this program copyright protected?
❑ No
❑ Yes, by me
❑ Yes, by another individual or organization
If another individual or organization holds the copyright SPA will not make any copies of the submitted program.
Have you obtained the necessary permission to ❑ Yes
cablecast your submission?
Have you obtained and submitted a signed ❑ Yes
Permission to Cablecast Form?
Have you properly labeled your submission ❑ Yes
materials?
Shakopee Public Access Policy Handbook
Date Submitted:
❑ Local sponsor
Approx. Program Length (hrs/mins):
❑ Yes
❑ No
Cablecast Re • uirements
If not, please read the statement of compliance below, specifically
points 5, 6 and 7.) These are policies you are agreeing to have
complied with upon making the submission.
❑ No ❑ Not applicable (If you believe this program does
not require a permission form, please check here)
If not, please label your submission materials with program name,
your name and phone number).
Please complete other side
Shakopee Public Access Cable Channel 15 (SPA15)
Program Submission Form
This form must be complete and legible -- please print or type.
❑ No
❑ No
❑ Beginning ❑ End
Page 13
Cablecast Playback
Shakopee Public Access can only accept a program for cablecast if permission is provided for playback on our channel and
then, in the case of copyright material, only if the rights to cablecast have been acquired. Therefore, if this is not an original
creation and you did not purchase the cablecast and taping rights we cannot accept the program for cablecast. If such
programs are submitted they will not be accepted and no copies will be made.
The City Telecommunications Coordinator will determine program replay, timeslot, and frequency. SPA15 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.
DVD Return
How will your materials be
picked up or returned?
Statement of Compliance
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.
2. 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.
3. 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.
4. I certify that I will disclose on the program
submission form if my programs contain business
and/or sponsorship slates. I will further disclose
where on the program these slates can be found,
beginning or end, for review.
5. I certify that prior to submission I will obtain any and
all clearances for the 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 required.
6. I certify that prior to submission I will obtain all
necessary permissions from persons /organizations
appearing in the program.
1.
❑ I will pick up personally ❑ Please Mail: self - addressed, postage
paid envelope provided
7. I request that 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.
8. 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.
9. 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.
10. 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.
11. I further attest that I have truthfully completed this
User / Organization Registration Form.
Applicant's signature
❑ Please recycle
Applicant's Tinted name Date
STAFF USE ONLY
Cablecast Show ID number / Notes:
Shakopee Public Access Policy Handbook
Page 14
HOLDER OF RIGHTS ONLY -- Please read, fill -in and sign
I (print first & last name) , hereby
grant permission to
listed above and to
harmless Shakopee
Cable, the Shakopee
any and all liability,
(person identified above as taped/produced by) to videotape images and audio from the event or program
submit that tape for cablecast on Shakopee Public Access Cable Channel 15. I hereby indemnify and hold
Public Access, the Shakopee Telecommunications Advisory Commission, the City of Shakopee, Comcast
Public Access facility and staff, respective officers, directors, managers, agents and representatives from
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)
Address: City: State: Zip:
Organization (if applicable): Phone (day):
Title (if applicable): Phone (evening):
Email:
Si: ature Date
HOLDER OF RIGHTS ONLY -- Copyright
Does this program contain copyright material
❑ Yes
❑ No
If yes, did you purchase the cablecast and taping rights?
❑ Yes
❑ No
If yes, please attach a copy of that agreement to this form.
If no, please explain.
Cablecast Playback
Shakopee Public Access can only accept a program for cablecast if permission is provided for playback on our channel and
then, in the case of copyright material, only if the rights to cablecast have been acquired. Therefore, if this is not an original
creation and you did not purchase the cablecast and taping rights we cannot accept the program for cablecast. If such
programs are submitted they will not be accepted and no copies will be made.
Please send this form to
SHAKOPEE
Title:
What is this program about?
Taped/Produced By:
Email: channe115(a,ci.shakopee.mn.us -- Fax: 952- 233 -3801 Attn: Public Access
Mail: Public Access 1 129 Holmes St. S I Shakopee, MN 555379
Shakopee Public Access Policy Handbook
Shakopee Public Access Cable Channel 15 (SPA15)
Permission to Cablecast Form
This form must be complete and legible -- please print or type.
Program
Date Taped:
Page 15
www.shakopeepublicaccess.com
LICY HANDB
952.233.9545
129 Holmes Street South, Shakopee, MN 55379
SHAKOPEE PUBLIC ACCESS
POLICY HANDBOOK
Adopted By
Shakopee City Council
Resolution No. 6922
December 20, 2011
Effective: ., January 1, 2012
This area was intentionally left blank
(This supersedes all previous policies.)
Introduction
Getting Started
User Registration
Parental Consent
Edit Suite Usage
Video Production Training
Submitting a Program
First Amendment
Program Submission
Appropriate Format
Program Identification
Statement of Compliance
3/410/11
Permission to Cablecast
Political Programming
Technical Disclaimers
Adult Content
Required Disclaimers
Business /Sponsorship Policy
Policy Violations
81-7
Length of Suspensions
Appealing a Suspension or SPA Ruling
General Information
919
Submission Materials
Limits of Liability
Indemnification and Hold Harmless
Amendments to this Policy Handbook
Definitions
1033
Forms
User/ Organization Registration
11/122586
Program Submission
13/1427/28
Permission to Cablecast
Table of Contents
Page 1
Page 31
Page 13
Page 13
Page -6
agc G
gc 7
age 7/8
Page &
Page 29
Page 29
Page 29/483
Page 29
Page 29
Page
Page 542
Page 6�3
Page 64.3
Page 6/74-4
Page 7-1
Page 714/15
Page
Page 834
Page 817/18
Page
Page 19
Page 920
Page 92�
Page 92-i
Page
Page
Page
Page 1529
1
Duplication Request agc 31
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Introduction
Public Access Television exists to provide citizcns of a low
jurisdiction access to cable television and video production equipment-and
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 historical
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
.a cable Public
Access channel for the playback of a ready -to- cablecast program (hereafter
referred to as SPA facility or facilities). However, completion of a ready -to-
cablecast video is the sole responsibility of the individual-user-or-group-of
uscrsproducer or person submitting the video.
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.
Shakopee Public Access Policy Handbook
Shakopee Public Access Policy Handbook Page 2
Getting Started
User Registration
(See form p.2.5)
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
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,
.. .. submit
programming for cablecast on Shakopee Public Access, Cable Channel 15.
Shakopee Public Access Policy Handbook
This-page was intentionally left blank
Shakopee Public Access Policy Handbook
Utilizing SPA Equipment & Facilities
{ Formatted: Normal
{ Formatted: Indent: Left: 0"
thcir employees at no cost. SPA offers free access to video cameras,
for purposes in violation of the SPA rules.
Reservations
first served basis. Users who make an advanc
regards to equipment availability and check -eut,
Users-wiehing to utilize SPA equipment and/or facilities arc asked to make
during regular Community Center hours.
making a drop in request it should be assumed that batteries arc net-charged-and
equipment is likely set to the last user's preference
Shakopee Public Access Policy Handbook
Formatted: Normal, Line spacing: At least
1.25 pt
Chcckout
(Sec 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
cquipmcnt checkout.
Users-may check out only one camera at a time for a
cquipmcnt being checked out.
Mcdia Provision
tapes out over any given period.
ich may include up to four cameras.
Users will be
Any user checking out SPA cquipmcnt is eligible to receive frcc MiniDV tapes
submitted additional frcc 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
occurs while it is in his/her name This responsibility may extend to repair or
and tear. Determination of normal wear and tear will be mad° b.� o
Telecommunications Coordinator.
n dv inclement weather. Users failin_
replacements costs and will be subject to disciplinary action.
Shakopee Public Access Policy Handbook
Return
arrangements will be subject to disci
Equipment should be returned in the same condition as at the time of checkout.
responsibility of the user.
before it is recognized for check in. If equipment requires more than simple
•
repair can be scheduled.
TUserreturning the portable studio with footage stored on the hard drive must
Edit Suite Usagc
Every effort is made to protect information stored on SPA cquipmcnt. However,
neither SPA nor Community Center staff is responsible for files accidentally
provide a personal external hard drive to ensure t
Shakopee Public Access Policy Handbook
Users other than SPA staff found accessing another user's file information
Vidco Production Training
Shakopee Public Access Policy Handbook
Submitting a Program
First Amendment
In accordance 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.27)
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 SDI person or group submitting a program takes full
responsibility to complete the progrensure the program is complete. SPA staff
will not create or edit a program 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. While it will be preferred supplemental programs do not need to be
submitted or sponsored by a resident of the SPA franchise area.
Items of importance for cablecast include but are not limited to: Appropriate
Format and Program Identification.
Appropriate Format —
SPA approved formats are — DVD_, - - - ,
If your program is not submitted in one of these formats, staff will notify you of
the need to make a transfcr.on DVD it will be returned
Program Identification —
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
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 staff will
contact the appropriate user and notify him/her 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.
SPA15 schedules are mod- available on the Shakopee Public Access website
(www.shakopeepublicaccess.com) and in the Shakopee Valley Newsprint media.
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:
1. 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.
2. 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.
3. 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.
4. I certify that I will disclose on the program submission form if my
programs contain business and/or sponsorship slates. I will further
Shakopee Public Access Policy Handbook Page 10
disclose where on the program these slates can be found, beginning or end,
for review.
5. I certify that prior to submission 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.
6. I certify that prior to submission I will obtain all necessary permissions
from persons /organizations appearing in my programs.
7. 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.
9 —
1978. I agrcc to pay the replacement cost or repair of any item lest-er
and is to be exempted.
4-1,9. 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.
12.10. 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.
43,11. I further attest that I have truthfully completed this User /
Organization Registration Form or Program Submission Form.
•
Shakopee Public Access Policy Handbook Page 11
Formatted: Bullets and Numbering
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
their 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:
Shakopee Public Access Policy Handbook
• 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 material.
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
Shakopee Public Access Policy Handbook
• 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.
Adult Content
Required Disclaimers
. Shakopee Public Access Policy Handbook
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 SPA15 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 between the hours of midnight and 6:00 a.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.
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 ONLY to defer the costs of production.
business/spenser.
Shakopee Public Access Policy Handbook
• No discussion of products offered by the business /sponsor is
permitted. Prices of products may not be given.
• No discussion of services offered by the business /sponsor is permitted.
• No commercial intent for a business /sponsor is permitted.
• 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 of the program.
• Images of the business or sponsor product(s) are not permitted.
• Business /sponsorship credits may be no longer than 20 seconds per
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.
Shakopee Public Access Policy Handbook
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 for any of the following reasons:
• Failure to abide by the policies,, procedures and guidelines of SPA.
programs to cablecast en SP
• 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
sc h e duled rettwn 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
Shakopee Public Access Policy Handbook
Shakopee Public Access Policy Handbook
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
of the 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.
General Information
Program Rctcntion
Producers should retain their own copies if desired and not rely on SPA to
ams A DVD copy of all one time or special event
Submission Materials
atch, Vets Visits, Mt. Olive Lutheran Church,
Users submitting MiniDV (or other) tapes may request return of tapes. These
tapes will be returned to the user as soon as the capture process is complete.
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.
Shakopee Public Access Policy Handbook
Duplication Rcqucst
(See form p.31)
requesting a DVD or VHS copy. However, SPA does not make copies of
•
.
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 schedirle:
fees paid for all duplication requests. Specific fee information can be found as
to create dubs as time allows (within r ason) and to deny
duplication requests in excess of five copies. In cases where SPA cannot
accommodate a duplication request, staff will provide the name and contact
information for at least one duplication facility in the metro ar a.
Limits of Liability
SPA is not liable if the program or material submitted is damaged, lost or stolen
while in its custody.
quality and format, butSPA will in no way be held responsible for any lost content
on the tapeDVD. 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)program for cablecast.
Shakopee Public Access Policy Handbook
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
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Shakopee Public Access Policy Handbook Page 22
Definitions
ADVERTISING (p.6 & 94-8) 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
viewers. 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 voters,
typically on the state or local level. Measures can be binding (i.e., the voters'
decision becomes law) or nonbinding.
INDEMNIFY (p.11) to provide somebody with protection, especially financial
protection, against possible loss, damage, or liability.
OBSCENE MATERIAL (p.10) 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 fmd that the work, taken as a whole, appeals to the prurient interest
(a morbid, degrading and unhealthy interest in sex, as distinguished from
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
Shakopee Public Access Policy Handbook
1 .
2.
3.
4.
5.
6.
Phone (day):
7.
8.
9.
10.
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
Applicant
flow did you hear about SPA?
Name:
Date:
Address: City:
State: Zip:
Organization (if applicable):
Phone (day):
Title (if applicable):
Phone (evening):
Email:
I am a ❑Shakopee resident
(check only one)
❑Shakopee organization
I am a ❑ New user
(check only one)
❑ Renewing user
SHAKOPEE
{3 -Full
{check only one}
Organizations may have up to 10 members as part of their membership
(underage members must list age, and if applicable, date permission ceases) -- please print.
Member name(s
internal records only.
Shakopee Public Access Policy Handbook
Shakopee Public Access Cable Channel 15 (SPA15)
User / Organization Registration
This form must be complete and legible -- please print or type.
This person may (check only one)
checkout or use in house SPA- equipraemt-
Ors anizations - Please fill -
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1. 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.
2. I certify that no advertising material or other
commercial programming lottery or lottery
information ob cene aterial material solicitin• or
promoting unlawful conduct, and slanderous or
libelous material will be contained in my programs.
3. 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.
4. I certify that I will disclose on the program submission
form if my programs contain business and/or
sponsorship slates. I will further disclose where on the
program these slates can be found, beginning or end,
for review.
5. I certify that prior to submission I will obtain any and
all clearances for the cablecast and web - streaming of
my program from cablecast stations, networks,
s . onsors music and film licensin • or • anizations
performers; representatives, authors, composers, and
all other license or copyright holders for any content
contained in my program, as required.
6. I certify that prior to submission I will obtain all
necessary permissions from persons /organizations
appearing in the program.
7. I request that pro • rams submi be shown on the Cit
of Shakopee Public Access Channel. I authorize the
subsequent replay of these programs at the discretion
of the City Telecommunications Coordinator.
8. 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.
Valid II) Information:
Parent, legal guardian, or organization representative printed name
Parent, legal guardian, or organization representative signature
Shakopee Public Access Policy Handbook
9. 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.
10. 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.
11. I further attest that I have truthfully completed this User /
Organization Registration Form.
Applicant's signature
Applicant's printed name Date
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.
Date permission ceases
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.
Page 2
{ Formatted: Bullets and Numbering
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SHAKOPEE
Of this program I am the (check only one) ❑ Local producer
Program
Title:
Date Recorded:
What is this program about?
Discloser of Program Content (check all that apply)
Does this program contain adult content or mature themed material?
For example, adult language, graphic portrayals and/or violent scenes.
Does this program contain business or sponsorship slates?
If business or sponsorship slates are present, where in the program can ❑ Beginning ❑ End
they be found?
Technical Disclaimer
Are you aware of any technical issues in this program?
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) copy. However, SPA does not
make copies of programs where copyright protection is clearly indicated on the SPA Program Submission Form.
Is this program copyright protected?
If another individual or organization holds the copyright SPA will not make any copies of the submitted program.
f e rcm —copies?
❑ No
❑ Yes, by me
❑ Yes, by another individual or organization
$-Yes No If-ye ,stow -many? @-One {U-Two
If not, please read the statement of compliance below, specifically
points 5, 6 and 7.) These are policies you are agreeing to have
complied with upon making the submission.
Have you obtained and submitted a signed ❑ Yes ❑ No ❑ Not applicable (If you believe this program does
Page 3
Have you obtained the necessary permission to ❑ Yes
cablecast your submission?
Shakopee Public Access Policy Handbook
❑ Yes
Shakopee Public Access Cable Channel 15 (SPA15)
Program Submission Form
This form must be complete and legible -- please print or type.
❑ Local sponsor
❑ Yes
❑ Yes
❑ No
❑ No
❑ No
Permission to Cablecast Form?
Have you properly labeled your submission ❑ Yes
materials?
Please complete other side
not require a permission form please check here.)
If not, please label your submission materials with program name,
your name and phone number),
Shakopee Public Access can only accept a program for cablecast if permission is provided for playback on our channel and
then, in the case of copyright material, only if the rights to cablecast have been acquired. Therefore, if this is not an original
creation and you did not purchase the cablecast and taping rights we cannot accept the program for cablecast. If such
programs are submitted they will not be accepted and no copies will be made.
The City Telecommunications Coordinator will determine program replay, timeslot, and frequency. SPA15 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.
How will your materials be ❑ I will pick up personally ❑ Please Mail: self - addressed, postage ❑ Please recycle
picked up or returned? paid envelope provided
1. 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.
2. 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.
3. 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.
4. I certify that I will disclose on the program
submission form if my programs contain business
and/or sponsorship slates. I will further disclose
where on the program these slates can be found,
beginning or end, for review.
5. I certify thatprior to submission I will obtain any and
all clearances for the 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 required.
6. I certify that prior to submission I will obtain all
necessary permissions from persons /organizations
appearing in the program.
Shakopee Public Access Policy Handbook
Cablecast Show ID number / Notes:
Applicant's signature
Applicant's .rinted name Date
Page 4
7. I request that 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.
8. 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.
9. 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.
10. 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.
11. I further attest that I have truthfully completed this
User / Organization Registration Form.
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Indent: Left: 0.5"
Formatted: Indent: Left: 0.25"
Shakopee Public Access Policy Handbook Page 5
HOLDER OF RIGHTS ONLY -- Please read, fill -in and sign
I (print first & last name) , hereby
grant permission to
listed above and to
hold harmless Shakopee
Cable, the Shakopee
any and all liability,
(person identified above as taped/produced by) to videotape images and audio from the event or program
submit that tape for cablecast on Shakopee Public Access Cable Channel 15. I hereby indemnify and
Public Access, the Shakopee Telecommunications Advisory Commission, the City of Shakopee, Comcast
Public Access facility and staff, respective officers, directors, managers, agents and representatives from
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)
Address: City: State: Zip:
Organization Of applicable): Phone (day):
Title (if applicable): Phone (evening):
Email:
Si ; ature Date
HOLDER OF RIGHTS ONLY -- Copyright
Does this program contain copyright material
❑ Yes
❑ No
If yes, did you purchase the cablecast and taping rights?
❑ Yes
❑ No
If yes, please attach a copy of that agreement to this form.
If no, please explain.
Cablecast Playback
Shakopee Public Access can only accept a program for cablecast if permission is provided for playback on our channel and
then. in the case of copyright material one if the rights to cablecast have been a cq Therefore if this is not an original
creation and you did not purchase the cablecast and taping rights we cannot accept the program for cablecast. If such
programs are submitted they will not be accepted and no copies will be made.
Please send this form to
SHAKOPEE
Title:
What is this program about?
Taped/Produced By:
I Email: channell5 --
Fax: 952 -233 -3801 Attn: Public Access
Mail: Public Access I 129 Holmes St. S I Shakopee, MN 555379
Shakopee Public Access Policy Handbook
Shakopee Public Access Cable Channel 15 (SPA15)
Permission to Cablecast Form
This form must be complete and legible -- please print or type.
Program
Date Taped:
Page 6
Shakopee Public Access Policy Handbook Page 7
SHAKOPEE
t ms tee is appucabtc to ail aupucanon requests for programs cablccast on snalcopcc Public Accca
•
Shakopee Public Access Policy Handbook
Shakopee Public Access Cable Channel 15 (SPA15)
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Shakopee Public Access Policy Handbook Page 9