Amesbury Community Television (ACT)

PEG ACCESS OPERATING PROCEDURES

Updated:  April 25, 2011

I. INTRODUCTION

ACT is committed to the creation and delivery of Interactive Broadband products and services that enable people to simplify and enhance their lives.  We help our customers reach around the corner and around the globe.  Our superior customer service reflects our dedication to an environment that embraces community, opportunity, integrity, and courage.  We value balance in life and work, and believe our services contribute to that goal.  Our excitement for the future ignites a passion for excellence and a belief that all things are possible.

ACT provides the community with a wonderful opportunity for volunteers by providing public, education, and governmental access facilities and equipment. Our goal is to provide a safe and professional work environment for all. To achieve this, we want to inform you of what is expected of you and what you may expect in your relationship with ACT.

At ACT:

  1. We believe that it is important for all of us to treat each other with consideration and respect.
  2. Our work environment models safety for our employees, vendors, customers, and volunteers.
  3. The behaviors that we demonstrate reflect the attitude of respect and dignity for all.
  4. We work together in a team environment.
  5. We require the proper use of equipment, computer systems, and our facilities.

Therefore, the following standards of conduct have been developed.  Violation of any one of these standards can result in loss of privileges to ACT facilities.  ACT has full authority and discretion to deny access privileges as and when it deems appropriate.

ACT provides channel time, production equipment, training, and technical assistance to Access Users for the production and presentation of noncommercial programs.

Access Users include residents of this town/franchise area and representatives or employees of nonprofit organizations, or local, state, or federal agencies that serve this town/franchise area. (See Organizational Access User definition).  

ACT’s channels and facilities are a medium for expression and free speech. No individual will be denied the use of the facilities on the basis of race, sex, age, physical disability, religion, or political belief. It is hoped that Access Users will utilize this resource as a means to produce a wide variety of programs.

ACT staff will provide training in the use of customary studio and field production equipment, editing, pre and post production techniques, along with technical assistance in program production. ACT staff may or may not be available to serve as part of a production crew to help make programs or cover events for member producers. The ACT Executive Director will consider such requests, if made at least 2 weeks in advance by member producers, and make a determination based on staff availability and other factors. ACT staff will assist in assembling production crews from among trained and qualified volunteers.  

ACT reserves the right to review all definitions and policies contained in this and related, location-specific documents, and has the discretion to interpret, implement and make changes as deemed necessary.

II. DEFINITION OF TERMS

Access Channels -- Channels set aside by the cable operator for use by the public, educational institutions, municipal government, or for lease on a nondiscriminatory basis.

Access Coordinator -- As used in this document, the term refers to an ACT Employee who trains and provides supervision in the use of ACT studio and equipment.

Access User -- Any resident of this town/franchise area or any representative or employee of a non-profit organization, or local, state, or federal agency that serves this town/franchise area who utilizes PEG Access. Eligibility to use ACT production equipment requires successful completion of training or passing a proficiency test, and signing the Access User Agreement.         

Bicycled Program -- A program that is not produced in this town/franchise area, rather, it is pre-produced and pre-recorded material that is shipped or brought to operators for PEG Access use.

Candidate, legally qualified for office -- Any person who has publicly announced candidacy by formal declaration and meets the legal qualifications for office, and these conditions:

For all offices other than U.S. President and Vice President:

·        If running for nomination in a primary election: (a) qualifies for a place on the primary ballot, or (b) has publicly committed to a write-in campaign, is eligible for write-in, and is making "substantial showing" of candidacy.

·        If running for nomination through convention or caucus: (a) start of convention is less than 90 days away and (b) candidate is making a "substantial showing" of candidacy.

·        If seeking election to office: (a) has qualified for a place on the ballot or (b) has publicly committed to write-in campaign, is eligible for write-in, and is making "substantial showing" of candidacy.

For office of U.S. President and Vice President:

·        If running for nomination by any means: (a) has qualified for the primary or presidential ballot; or (b) has made a "substantial showing" of bona fide candidacy; or (c) has met the "10-state" rule, by qualifying for nomination or election in 10 states.

·        If seeking election to office: (a) has qualified for a place on the ballot; or (b) has publicly committed to a write-in campaign, is eligible for write-in, is making "substantial showing" of write-in, and is making a "substantial showing" of candidacy; or (c) has met the "10-state" rule, by qualifying for nomination or election in 10 states.

Commercial Advertising -- Calling public attention to one's product, service, need, candidate, etc. for profit-making purposes.  Solicitation of money for such through bulletin board text pages, full motion video, or infomercials.

Copyright -- The exclusive right to the material contained in a program.  The right covers reproduction, publishing, and cablecasting of information.

Crew -- Access Users working with a producer and/or Access User to assist in the production of programming. ACT understands it may be difficult for producers to find adequate crew from within the town. Crew members that are non-residents must fulfill all requirements of the ACT PEG Access Operating Procedures, including signing the Access User Agreement, but excluding the residency requirement, under conditions set forth and approved by ACT. It is expected that non-resident crew members will be an exception and will constitute the minority. Non-residents involved in any programs shall be limited to the production crew only. 

Educational Access -- Channel time reserved for noncommercial educational access programming.

Federal Communications Commission (FCC) -- The U.S. governmental agency established in 1934 to regulate electronic communications. The FCC succeeded the Federal Radio Commission.

Franchise -- Contractual agreement between a cable operator and a governmental body that defines the rights and responsibilities of each in the construction and operation of a cable system within a specified geographical area.

Grants -- Financial contributions by authorized agencies that aid in developing and improving a program.  

Governmental Access -- Channel time reserved for federal, state, and local officials to disseminate information to their constituents via cable television.  

Issuing Authority -- Governmental body responsible for specifying the terms of a franchise, awarding the franchise, and regulating its operation. While the franchising authority is usually a local city or county entity, some areas are regulated exclusively on the state level.

Libel -- Written, printed, or character generated statement(s) that damage a person’s reputation. Signs or pictures may also constitute libel.  

Local Origination Programming -- Programming in which program planning and production is carried out by ACT staff. There may be volunteer input on ideas and involvement in the production, but editorial control and responsibility rests with the cable operator. A pre-produced program that is cablecast on a channel controlled by the cable operator is also considered Local Origination Programming.

Obscene Material -- Material which fits the legal definition of obscene or indecent material under local and state laws.

Organizational Access User -- Any representative or employee of a non-profit organization or local, state, or federal agency that serves this town/franchise area and has scheduled equipment, facilities, or channel time in the organization’s name. An Organizational Access User is subject to the same weekly facility and channel limitations as individual Access Users, whether one or several individuals book time in the name of the organization. If a representative or employee of any such organization is not an inhabitant of the town, he may only produce programming that is related to the organization to which he belongs.

PEG -- Refers to "public, educational, and governmental" access channels; i.e. PEG channel(s).

Producer -- An Access User that is responsible for the production of a PEG Access cable program. The producer is ACT’s main contact for a program and assumes all responsibility for program content and other liability outlined in the ACT PEG Access Operating Procedures, the Access User Agreement and the Channel Request Form. (In the case of a minor, a parent or guardian assumes all responsibility for program content and other liability outlined in the ACT PEG Access Operating Procedures, the Access User Agreement and the Channel Request Form).

Program Sponsor -- A resident of this town/franchise area or representative or employee of a non-profit organization, or local, state, or federal agency that serves this town/franchise area and may or may not have completed training at the local ACT facility but has submitted a program to be aired on a PEG access channel.

Public Access -- Channel time, available on a first-come, first-served, nondiscriminatory basis, specifically for noncommercial access programming by local residents, non-profit organizations and local, state or federal agencies.

Public Access Programming -- Noncommercial programming produced by Access Users using ACT facilities and equipment or noncommercial programming submitted by Program Sponsors for cablecast on access channels. In both these instances, ACT, by federal law, may not edit or control content.  

Slander -- A false oral statement that is meant to defame a person's character.

Staff -- Those employed by ACT.

Subscriber -- Customer paying a monthly fee to cable system operators for the capability of receiving diverse programs and services.

Underwriting or Sponsorship -- Goods, services, or in-kind contributions that aid in developing and improving a program.  Program end credits may include the name of underwriters or sponsors.

Volunteer -- Access Users who volunteer their services for assisting in the production of programming.

III. USE OF FACILITIES AND EQUIPMENT

A.        Eligibility to Use Production Equipment and Facilities

  1. Availability -- Equipment and facilities are available on a first-come, first-served, nondiscriminatory basis to residents of this town/franchise area and representatives or employees of nonprofit organizations or local, state, or federal agencies that serve this town/franchise area. Non-residents formally enrolled in a student internship program at ACT may use the equipment and facilities.

  1. Access Users must successfully complete the applicable ACT workshop(s) or be able to demonstrate the basic operation of the requested video equipment through a proficiency test. If an Access User has not used the equipment or facilities for more than one year, training may be required.
  2. Access Users must sign an Access User Agreement before using the facilities.  This document certifies that the Access User has read, understands, and will abide by the operating rules, and agrees to be solely responsible for the content of any programs produced or scheduled for cablecast if they are the producer of record.

  1. Minors:

  1. Eligible persons who are minors must have written permission from their parent or guardian to use ACT facilities. The parent or guardian must sign the Access User Agreement, accepting responsibility for scheduled production equipment and/or program material if the Access User is a minor.  

  1. A responsible adult shall execute the necessary assurances that authorization has been obtained concerning the use of any equipment by a minor and/or appearance of any minors on a cablecast program. Such adults shall be responsible for liability resulting from the use of equipment or an appearance by a minor.  

B.        General Facility Policies

ACT is pleased to provide facilities, equipment, and channel time for television productions. In return, we ask that Access Users follow all operating rules regarding channel and facility use including the ACT PEG Access Operating Procedures.

  1. All Amesbury Public Schools rules and regulations shall be enforced by ACT.  To Access ACT facilities at Amesbury High School, all visitors must sign in and out at the AHS main office during school hours.

  1. No smoking, food, or beverages are allowed in the control room, studio area, or mobile studio, editing suites at any time. Water may be allowed on set only.

  1. Anyone found to be under the influence of alcohol or drugs, or carrying a weapon of any kind, will be removed from the premises and may lose access privileges.

  1. Access Users must abide by all safety guidelines. See Section C below.

  1. There will be no use of phones or other office equipment, unless granted permission by ACT staff.

  1. Access Users are responsible for damage to facilities and/or loss of equipment due to negligence or abuse. This includes the actions of minors.  (See point A. 4 above).  

  1. Access Users will not change wiring, patch bays, or components without staff permission or supervision. No attempts should be made to work on or repair equipment. Any damage caused in this manner may be charged to the Access User. A loss of privileges may result from such equipment abuse. Access Users of ACT equipment should report any defects or problems to the staff.

  1. Access Users that are found to be misusing or abusing the equipment may be asked to repeat training, testing and/or be subject to loss of privileges.

  1. Weapons, or any objects resembling weapons, are prohibited while on or in ACT facilities. On duty law-enforcement officers (including those who may be present for an interview) are excluded from this prohibition.  Location production (outside our facilities) is recommended for programs using weaponry. 

  1. Staff may waive certain equipment and facility rules at their discretion.

C.        Volunteer Standards of Conduct for Non-ACT Employees

  1. Safety First. Keep yourself safe, keep others safe, and keep ACT property and equipment safe at all times. Endangering the safety of oneself, others, or ACT property will not be tolerated.

  1. Appropriate, professional, and respectful behavior is expected at all times.  Violent behavior will not be tolerated. This includes threatening or intimidating language, any form of physical assault such as striking or manhandling another person, or fighting.  

  1. Respect. Behavior that could be construed as threatening or harassing (including sexual harassment) toward fellow volunteers, customers, vendors, or employees will not be tolerated.

  1. Honesty and accuracy. Dishonesty with employees or falsifying records or any other access-related documents will not be tolerated.

  1. Be courteous and polite to others, including employees, other volunteers, and guests of the facility.

  1. Drug-free environment. Carrying and/or being under the influence of drugs or alcohol at any time while on ACT property, or while using ACT Access equipment, is prohibited.

  1. Use of tobacco products in any form is prohibited while on school grounds.  

  1. No open flames are permitted in our facilities. Location production (outside our building) is recommended for programs involving items that can set off heat, smoke, or sprinkler systems. No motorized vehicles or equipment are permitted in the studio.

  1. Company property and facilities are accessible only with proper authorization.  This includes, but is not limited to, company e-mail, vehicles, and production and editing equipment.

  1. Respect for, and appropriate use of, ACT property and equipment, including vehicles, and production and editing equipment is required, this includes Amesbury High School property and equipment.

  1. Privileges may be lost for engaging in any other conduct that ACT deems unacceptable.

D.        General Rules for Facility and Equipment Use

Public, educational and governmental access programming that is created by volunteers depends on the participation of many active, trained volunteers who use video communication tools in order to independently reflect their ideas.  Staff will assist residents in assembling production crews from among trained and qualified volunteers. Residents, non-profit organizations and local, state, or federal agencies planning to do programs on a regular basis are encouraged to form a television production committee, which ACT will then train. Training for the production of programming will be provided on a first-come, first-served, nondiscriminatory basis in accordance with the ACT PEG Access Operating Procedures.

Training, equipment usage, and other privileges are provided to members only.  There will be no membership fees, however materials, such as tapes will need to be purchased from ACT at our cost.

Membership renewal will occur on July 1st of each year. Memberships are active from July 1st through June 30th. The full membership fee will be assessed regardless of when a membership starts.

  1. Access Users must be properly trained and have all required forms completed and approved by the staff before the equipment, van or facilities will be scheduled.

  1. Access Users must not identify themselves as employees or staff of ACT, either on or off camera. Loss of privileges may result.  

  1. Reservations for equipment or facility use may be made up to one month in advance and should be made at least one week in advance. Confirmation of equipment or facility reservations, forty-eight (48) hours in advance, is strongly recommended. Reservations can be made with staff in person or by phone.

  1. Cancellation of equipment or facility reservations should be made at least twenty-four (24) hours in advance, except in the case of emergencies.  Repeated last minute cancellations may result in loss of privileges.

  1. Access Users are responsible for supplying all materials for productions, beyond those supplied by ACT. Removal may be required after the production. ACT is not responsible for any damage or loss of personal property that is left in our facilities.

  1. Upon payment of yearly membership dues, Access Users will be allotted 5 Mini-DV tapes for use in that year, as needed for access-related productions in cameras require that format. Access Users can be loaned other media (i.e. SD cards and DTE devices) for raw footage and edit masters. All loaned media must be stored at the studio, except when needed for an outside production.  Loaned media must be returned to ACT upon completion of projects.

  1. Media owned by ACT will be held at the studio for a maximum of thirty (30) days, depending on format. After that time, if previous arrangements have not been made, Access Users should either:

  1. arrange to buy the media or replace it with approved stock
  2. dub the content onto his/her own media

E.        Portable/Field Equipment

  1. Access Users holding equipment reservations are responsible for following all check-out and check-in procedures including:

Check-out:

  1. Sign all required forms and equipment checklists.
  2. Determine if equipment is in working order.

Check-in:

  1. Equipment must be returned on time.
  2. Any problems with equipment or damage must be noted on the equipment checklist and brought to staff attention.

  1. Equipment must be picked up and returned during staff hours. Pickups and returns should be made at least 30 minutes before the facility closes.  

  1. Failure to return equipment when due may result in suspension of Access User privileges.

  1. Equipment may be borrowed for a maximum of twenty-four (24) hours during the week and seventy-two (72) hours over the weekend. Longer loan periods must be requested at the time the reservation is made and will be honored at the discretion of staff.

  1. Access Users with portable equipment already checked out will not be allowed to check out additional equipment, unless special arrangements are made with staff.

  1. Only in special cases, and with staff permission, can Access Users take equipment outside of the town/franchise area being served by this ACT facility.

F.        Editing, Post Production, Studio Facilities

  1. Requests to use editing or post production equipment should be made at least forty eight (48) hours in advance and will be subject to availability and staff discretion. It may be possible to get an appointment to use the editing facilities within 48 hours, however availability is not guaranteed. Access Members who have not arrived within thirty minutes of their scheduled time and who have not called may lose their appointment. Additionally repeated late or missed appointments may result in the loss of privileges.

  1. Requests to use the studio should be made at least one week in advance and will be subject to availability and staff discretion.

  1. Access Users must show up on time for scheduled studio productions and complete them within the scheduled time period. Studio (sets, props, etc) and control room should be returned to the condition in which they were found.  It is generally good practice to allow for set-up and clean-up of the studio, at least one hour before, and 30 minutes after the time needed to tape the actual show. Also, remember to leave time before or during the scheduled studio time to brief the crew and talent on the planned production.

  1. Scheduled studio productions may be cancelled if the producer and/or production crew does not show up within thirty (30) minutes after the start of the scheduled facility time. Additional restrictions may apply for ‘live” productions.

     

G.        Scheduling Conflicts

Facility use for program production will have the highest priority and may take

precedence over previously scheduled dubbing, practice sessions or other approved purposes. Staff will resolve scheduling conflicts using its discretion.

H.        Mobile (Studio) Van

  1. Where a van is available for access use, scheduling of the mobile studio should allow ample time and sufficient crew for the following:  

  1. checking over and loading the needed equipment
  2. travel to and from the production site
  3. setup
  4. crew briefing
  5. the event itself
  6. strike
  7. check-in of the van and equipment back at the studio

  1. Only ACT employees are allowed to drive the mobile van. Non-employees are only permitted in vehicles once they have been parked and are serving as on-site control rooms.

  1. In order to request the scheduling of the mobile van, Access Users must be trained for such use.

  1. A minimum of two (2) weeks notification is required to schedule use of a mobile van.

  1. A vehicle may not always be available upon request due to driver availability.

  1. An Access User requesting a van must also provide to ACT staff, at least three (3) working days prior to the shoot, proof that the following arrangements have been made:

  1. Necessary parking permits and a parking space for the van have been obtained.
  2. Safe and protected work areas have been secured.
  3. Written permission to use the production location, where needed.
  4. Necessary labor approvals as required.

  1. The Access User is responsible for additional costs incurred such as special lighting, audio, special effects, and electrical power.

  1. In order to schedule the mobile van or participate in a mobile studio production, Access Users under the age of 18 must have written permission from their parent or guardian.

I.        Program Planning Proposal

A Program Planning Proposal describes the program idea, lists the target audience, outlines production needs, selects the appropriate production format, facilities and equipment needed to complete a program and determines the production responsibilities and copyright ownership. Other forms available for planning productions include a Crew Sign-up Sheet, Pre-Production Planning Form and Post-Production Planning Form. These optional forms are recommended for additional guidance.

IV. PROGRAM SCHEDULING & ACCESS CHANNEL USAGE

A. Scheduling Channel Time

Channel time is provided on a first-come, first-served, nondiscriminatory basis to any Producer or Program Sponsor filing a request, in accordance with operating rules. It should be understood, however, that since this is a shared resource, specific channel time requests cannot always be guaranteed.

  1. Requests for channel time shall be processed on a fair and equitable basis, subject to the availability of cablecasting equipment and channel time.

  1. Channel time scheduling requests should be submitted at least four (4) weeks         prior to the desired cablecast date. This rule may be waived at the discretion of staff if the desired time slot is available.

  1. A Channel Request Form must be filled out before any program is cablecast.  Approval by the Access Coordinator is required.

  1. If scheduling and equipment allows, programming may be repeated. First-run programs have priority.         

  1. ACT reserves the right to use designated access channels for other purposes, where time on the designated channels has not been scheduled for designated access purposes in accordance with the ACT PEG Access Operating Procedures.

  1. Requests for consistent time slots: Program series will be allocated at the discretion of the staff and may receive priority scheduling over programs airing one time, provided ample time remains available for other programming requests and keeping the following conditions in mind:

  1. Channel Request Form has been signed.
  2. Producer / Program Sponsor has new material on a consistent basis.
  3. Studio productions have a trained crew.
  4. Producer / Program Sponsor has completed two taped programs or has successfully scheduled two “live” programs in the proposed series.

  1. If a series Producer / Program Sponsor regularly fails to have a program ready for the scheduled cablecast, the staff may assign the time slot to other Producers/Program Sponsors.

  1. Except for live and series programming, channel time will generally not be scheduled until a program is complete and all the information pertaining to the program is supplied to the staff for scheduling.

  1. ACT reserves the right to make scheduling changes without notice due to special events/programming or technical difficulties.

B. Cablecasting Procedures

  1. Producers / Program Sponsors must obtain in writing, and produce upon request, all the necessary approvals, clearances, licenses, etc. in order to cablecast any program material that includes, but is not limited to, broadcast stations, networks, music licensing organizations, performer's representatives, and any and all other persons as may be necessary for authorization to cablecast the program material. Failure to provide proof of the necessary clearances, rights, licenses, etc. will result in the suspension of the particular program, series, or episode in question until such proof is produced. (See page 17 - section V. part C for information on use of copyrighted material).

  1. Labels -- All media submitted for playback should be clearly labeled with the following information. Failure to do so may result in playback errors.

  1. Title of Program
  2. Cablecast Date
  3. Length of Program – Specific TRT (Total Running Time)
  4. Audio Specifications (Channel 1 or Channel 2) if necessary
  5. Producers name and contact number.

  1. Media scheduled for cablecast must be brought to the staff at least seventy-two (72) hours prior to the scheduled playback, unless otherwise arranged with the Access Coordinator.

  1. All media owned by Producer(s) / Program Sponsor(s) should be picked up within forty five (45) days of the last cablecast.  After forty five (45) days, ACT may recycle or dispose.

                

C. Technical Standards

  1. Programming must meet minimum quality standards for cablecast.  ACT reserves the right to pre-screen programs. If programming does not meet minimum technical standards and/or does not comply with the ACT PEG Access Operating Procedures, ACT will refuse the request for playback.

  1. Media for playback must be compatible with available technology at the facility. Restrictions may apply.

  1. Video quality must be sufficient to achieve a stable picture during playback.  Unstable video may result in the program being rejected.

  1. Audio quality must be constant and of sufficient level to permit adequate reproduction during playback.

  1. If an abnormal number of production problems with a show, (i.e. poor audio or video), is observed, an Access User may be required to re-train.

D. Bicycled Programs

Programming that is not produced in the town/franchise area, but is pre-produced and pre-recorded material that is shipped or brought to operators for PEG Access use. Bicycled programs must be strictly non-commercial in nature and technical and production quality must be adequate. Locally produced programs may receive priority scheduling.

  1. A resident of this town/franchise area must sponsor a bicycled program by signing the Channel Request Form.  

  1. A bicycled program sponsor must also be a member, in good standing, of ACT as described in the membership section above.

  1. Any non-profit organization or local, state, or federal agency that serves this town/franchise area can bicycle programs related to their organization with only one representative of the organization as the sponsor. The organization does not have to be based in town but the representative must be a member of ACT. Said representative must sign the Channel Request Form.

                

E. Bulletin Board Announcements

A text/graphic information service is available, free of charge, to non-profit organizations and local, state, or federal agencies providing public service announcements or event information.  

  1. Message requests should be submitted at least one (1) week prior to the desired starting date.

  1. A Calendar Request Form may be available to ensure proper on-air formatting.

  1. General messages that do not pertain to a specific event will be shown as long as possible depending on available space. In order for the message to be renewed, a request must be re-filed every six (6) months.

  1. All program content rules apply to bulletin board announcements.

V. PROGRAM CONTENT

By law, ACT may not exercise any editorial control over Public, Educational or Governmental use of access channels.

A.        Access User Program Rights

Producers / Program Sponsors of access channels are fully responsible for the content of all program material and have the following program rights and privileges:

  1. Ownership of rights to all original material.

  1. To request that program masters held by ACT be discontinued from cablecast or

erased in the event that program information becomes outdated or obsolete.

  1. To play or distribute the program, for nonprofit purposes only. ACT may require the removal of all disclaimers and graphical credit given to ACT and its facilities.

  1. Access Users may make copies of their programs without charge for non-profit purposes only.  

  1. Duplication services may be purchased from ACT.

  1. Media for making duplicates, (dubs), of program masters and raw footage must be provided by the individual or group making the dub. Purchase from ACT is available. Any products purchased from outside sources must be pre-approved by ACT to ensure compatibility.

B.        ACT Program Rights

As ACT has provided materials, facilities, and staff support for the production of programs, ACT may review a program at anytime and has the following rights:

  1. To retain an edited master of the program.

  1. To make duplications of the program for noncommercial distribution, except where permission has expressly been denied in advance.  

  1. To cablecast the program as often as is deemed appropriate.

  1. To exercise the option of erasing or deleting a program after cablecast.

  1. ACT must be notified of any use of programming for purposes other than PEG access.  See also Personal Profit/Commercial Use page 19.

  1. ACT will own programs produced by ACT staff. When ACT staff produces a program, with the assistance of volunteer or staff crew, it is considered to be Local Origination Programming and copyright ownership is held entirely by ACT.  

C.        Prohibited Material

  1. Commercial Advertising (see definition page 4.)

  1. Obscene Material.

  1. Material which constitutes libel, slander, invasion of privacy or publicity rights, or which might violate any other local, state or federal law.

  1. Programs containing material that violates copyright or trademarks. Use of such material generally requires obtaining appropriate rights from music licensing organizations, publishers, representatives, copyright holders, broadcast stations, networks and any other persons as may be necessary for cablecast. Producers/Program Sponsors may be asked to furnish written authorization for use of such materials.

  1. Program material that creates the immediate danger of damage to property or injury to persons; the obstruction of law enforcement or functions or services; the deprivation of any person by threat, threat of force or physical action through the exercise of a legal right, or the disturbance of any person in the enjoyment of a legal right; or the creation of a public nuisance.

  1. Lotteries or lottery information except as allowed by FCC regulations.  Lotteries are defined as “any game, contest, or promotion that combines the elements of prize, chance, and consideration.” Violators may be subject to fines and even criminal penalties for lotteries which are not authorized or otherwise permissible by the state. Exceptions include when conducted by a non-profit or governmental organization.

D.        Disclaimers/Labeling of Sensitive Material

        

  1. ACT reserves the right to include the following notice before and/or after a program: “The views expressed on the following [or “preceding”] program are those of the individual producer and do not necessarily reflect those of ACT.  ACT is not responsible for the production or quality of the program being cablecast.”

  1. All programs produced by Access Users must begin and end with an “Access Production” disclaimer at the beginning and end of the content. ACT staff will assist with the wording of this disclaimer or provide a pre-formatted graphic slate for use.

  1. If ACT makes a good-faith determination that the subject material in a program may offend some viewers and/or may not be appropriate for children, ACT will require that the following announcement be added to the beginning of the program:  “The following program may contain sensitive material.  Viewer discretion is advised.” ACT reserves the right to run potentially offensive programming at later time periods. Failure to notify ACT of potentially offensive material prior to a program or episode airing may result in loss of privileges.

E.        Political and Issue-Oriented Programs

ACT does not accept for cablecast on public access channels neither video advertising nor community bulletin board text advertising that is political in nature.  

  1. Political Candidates and Access

Any FCC regulations concerning equal time for political candidates do                 not apply to public access programming.

  1. Coverage of Public Affairs Issues and Access

Public Access Users are under no legal obligation to show any viewpoint         other than their own. Residents with diverse viewpoints are encouraged         to use public access to express those ideas.

F.        Grants and Underwriting or Sponsorship (see definitions, pages 4 and 6).

  1. Any individual or group submitting a proposal for grant funding, underwriting or sponsorship for a project which involves the use of ACT’s equipment or facilities must have obtained prior written approval from ACT staff and Board of Directors.

  1. Program end credits may include the name of underwriters or sponsors.  Credit may be similar to the following: “Goods and services used in the production of this program were contributed by [company name].” Such programs may still require ACT’s credit (See above).

G.        Personal Profit/Commercial Use

  1. Access Users or any other individuals or organizations may not use access facilities or programming for commercial purposes, personal profit, or personal gain. Violators may be subject to loss of privileges and required to reimburse ACT.

Reimbursement to ACT for violations of this policy may include:

  1. Negotiating a percent of sales or net income
  2. Assessment of an hourly fee for the value of the equipment and facility time
  3. Trading services, i.e. a media artist working under a grant trades teaching specialized video production in return for using the facility.

  1. Rental or hire of facilities for non-access use may be available with express written permission from ACT in advance.  ACT will require compensation for the facilities, equipment, supplies, and staff time provided. This document is not a rental agreement.   Additional information is available regarding rental fees.

                

VI. GRIEVANCE PROCEDURES

Any grievance regarding the assignment of facility space, channel time allocation, equipment and studio use, or any other matter regarding ACT facilities should first be discussed with the ACT Executive Director.  If that does not provide an acceptable solution, a grievance may be filed in writing with the ACT Board of Directors.


ACCESS USER AGREEMENT

1.       I have read, am thoroughly familiar, and responsible for the contents of the

ACT PEG Access Operating Procedures.

2.        If I am the Producer, I will be responsible for the content of program material to be recorded and/or cablecast and agree that such program material will not include:

a.        any obscene material;

b.         any lottery or lottery information, except where exempted under these rules;

c.        any advertising

d.        any direct or indirect solicitation of money, except where exempted under these rules;

e.        any material which constitutes libel, slander, invasion of privacy or publicity rights, violation of trademark or copyright, or which might violate any local, state or federal law.

3.         I acknowledge that the Producer or Program Sponsor is responsible for obtaining all approvals, clearances, licenses, etc. for the use of those program materials; including, but not limited to, approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performer's representatives, persons appearing in the program material and any other approvals that might be necessary in order to cablecast the program on ACT.

4.        I indemnify and hold ACT harmless against any claims arising out of any use of the program material that I cablecast or any breach of this Access User Agreement; including, but not limited to, any claims in the nature of libel, slander, invasion of privacy or publicity rights, noncompliance with applicable laws and unauthorized use of copyrighted material.

5.        I agree that I shall not represent myself or any other person involved in programming as an employee, representative, or agent of ACT, unless specifically authorized by ACT to do so.

6.        I understand that I may be liable for the costs of any repair or replacement of equipment or materials resulting from damage beyond reasonable wear and tear through normal use, misuse, or theft while such equipment or materials are in my possession or control.  I understand the penalties that apply if equipment or materials are not returned on time.  I also indemnify ACT against any damage or liability incurred while using the equipment.

7.        I shall not use ACT channels, equipment, or facilities for any financial gain or other commercial purposes.  I understand that programming produced with ACT's equipment or facilities shall be for the benefit of the community.

8.        I understand that violation of the terms of this statement is grounds for forfeiture of the right to use ACT equipment, facilities or channel time.

9.        I have been instructed on how the access equipment I am borrowing is to be safely handled, including the storage and lifting of it in and out of my vehicle and/or dwelling.


Access User (Please print, sign and return with proof of address)

Print Full Name:

Full Address: Street, Town & Zip:

Email (if applicable):

Primary Phone Number:

Alternate Phone Number (if applicable):

Organization & Non Profit ID # (if applicable):

Organization Address: Street, Town & Zip:

SIGNED  (if under 18, must be signed by a parent or legal guardian)

Date:

Staff Use Only

Circle One to verify … Access User’s address verified by ID / DL / Utility Bill / Other: __________________

Approved by:        

Date:


CHANNEL REQUEST FORM

1.               I have read, am thoroughly familiar, and responsible for the contents of the ACT PEG Access Operating Procedures.

2.        As the Producer or Program Sponsor, I am responsible for the content of the program material requested to be cablecast by me and agree that such program material will not include:

a.        any obscene material;

b.         any lottery or lottery information, except where exempted under these rules;

c.        any advertising

d.        any direct or indirect solicitation of money, except where exempted under these rules;

e.        any material which constitutes libel, slander, invasion of privacy or publicity rights, violation of trademark or copyright, or which might violate any local, state or federal law.

3.         I acknowledge that as the Producer or Program Sponsor I am responsible for obtaining all approvals, clearances, licenses, etc. for the use of program materials; including, but not limited to, approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performer's representatives, persons appearing in the program material and any other approvals that might be necessary in order to cablecast the program on ACT.

4.        I indemnify and hold ACT harmless against any claims arising out of any use of the program material that I cablecast or any breach of this Channel Request Form; including, but not limited to, any claims in the nature of libel, slander, invasion of privacy or publicity rights, noncompliance with applicable laws and unauthorized use of copyrighted material.

5.        I agree that I shall not represent myself or any other person involved in programming as an employee, representative, or agent of ACT, unless specifically authorized by ACT to do so.

6.        I shall not use ACT channels for any financial gain or other commercial purposes.

7.        I understand that violation of the terms of this statement is grounds for forfeiture of the right to use ACT channel time.


Producer / Program Sponsor (Please print, sign and return with proof of address)

Print Full Name:

Full Address: Street, Town & Zip:

Email (if applicable):

Primary Phone Number:

Alternate Phone Number (if applicable):

Organization & Non Profit ID # (if applicable):

Organization Address: Street, Town & Zip:

Program Title:

Program Description:

Program Length:

Circle One:

Special      Weekly Series     Biweekly    Monthly

Please Indicate Two Choices of Preferred Days and Times for Program Airing (subject to availability)

First Choice (day and time):

Second Choice (day and time):

SIGNED  (if under 18, must be signed by a parent or legal guardian)

Date:

I grant permission to ACT to make copies of my show(s) for interested parties.  (initial or sign)   _________________

Staff Use Only

Circle One to verify … Access User’s address verified by ID / DL / Utility Bill / Other: __________________

Approved by:        

Date: