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HomeMy WebLinkAboutMinutes Cable Communications Commission - 09/14/2009 RECEIVED MINUTES SPECIAL CABLE COMMUNICATIONS COMMISSION MEETIN FEB 1 8 2010 September 14,2009 CITYSECRE?ARNS®Fl-7CE PRESENT Chairperson Connie Gutierrez,Vice Chairperson Steve West, Commissioners Carolyn Moon,Leo Estrada ABSENT Commissioner Latrice Sellers City Staff Lisa Aguilar,Assistant City Attorney,Kim Womack and Andreina Keller,Public Information Office Ms. Gutierrez called the meeting to order at 5:40pm and verified the necessary quorum. DISCUSSION AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES The commission began with Item B; the review and approval of producer application. Ms. Moon moved the application be accepted as written. Mr. Estrada seconded the motion and the motion passed with all voting aye. Next the commission moved on to Item A: Review and Approval of Rules and Procedures. The commission decided to go section by section to review the changes made and take any additional recommendations of changes to the document drafted by the subcommittee team. Ms. Sellers' recommended changes were brought to the commissioners along with Ms. Moon and Mr. Gordy's list of recommended changes. Section 55-443: Ms. Moon moved that this section be approved as written. Mr. West seconded and all voted in favor with aye. Section 55-444: Section 55-444 (B) Mr. West moved that this be amended to read "No program shall be of a commercial nature as defined in Section 55-447". Ms. Moon seconded and motion passed with a unanimous vote of aye. Section 55-444 (C) Ms. Moon moved that this section be approved as written. Motion passed with unanimously with a vote of aye Section 55-444 (D) Mr. West moved that this section be amended to read "No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has been obtained prior to being submitted for broadcast". Motion passed with all in favor. Section 55-444 (E), (F),(G),(H),(I): Ms. Moon moved that these sections be approved as written.Mr. West seconded. All voted in favor with aye. Section 55-445: SCANNED Section 55-445 (C.3): Mr. West moved that this section be amended to read "As technology changes and formats become more common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from a PAUG and/or the cable operator(s)". Ms. Moon seconded; motion passed with all in favor. Section 55-445 (D.): Mr.West moved that the section be amended to read as follows: (d)Labeling: All producers must clearly label their media as follows: (1) On face of the accepted media: a. Title of the program as it appears on the application. b. Production date. (2) On case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and/or e-mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (3) On the spine of the tape (only for grandfathered programs): a. Title of the program as it appears on the producer's application. Ms. Moon seconded the motion. All voted aye and the motion passed. Section 55-445 (F.4): Ms. Moon recommended that this section be changed to read as "Only one program may be recorded on each media submitted" Section 55-445 (G): Ms Moon recommended that this section be changed to read as "Programs on accepted media must be delivered to and picked up from the cable operators before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments". Ms. Moon moved that Section 55-445 E,FG,H be approved as amended. Mr. West seconded. Motion passed with a all voting aye. Section 55-446 Section 55-446 (B): Ms. Moon recommended that this section read as "The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to cable operators and to the Cable Communications Commission whenever changes are made". Mr. West moved that the section be approved as recommended. All voted in favor with aye. Section 55-446 (C): Ms. Moon recommended that the section be modified to read " as following "The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. Schedules may be modified as necessary". Also the commission agreed that the format should be changed so that section (D) and (E) are not part of one paragraph. Ms. Moon moved that this section be approved as amended. Mr. West seconded; motion was passed with a unanimous aye. Section 55-446 (E): Ms. Moon recommended that it be amended to read as "Each producer may have only one series". Section 55-446 (F): Ms. Moon recommended that the section be amended to read as "Only programs created by producers, as defined in section 55-447, are eligible to participate in the semi-annual lotteries and to be transmitted as a public access program". Mr. West moved that section F be accepted as amended. Mr. Estrada seconded; motion was passed with all voting aye. Section 55-446 (G), (H), (I), (J), (K-K.5): Ms. Moon moved that the commission accept these sections as written. Mr. Estrada seconded and motion was passed with a unanimous vote of aye. Section 55-446 (K.6): Ms. Moon moved that this section read as: After all producers have selected time slots for their first-run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cablecastin same or reverse order as the initial time slots were selected Only one repeat is permitted. A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back-to-back). A program may be cablecast as an original and be repeated once in subsequent lottery periods". Mr. West motioned that the section be approved as amended. Mr. Estrada seconded and the motion passed with a unanimous vote of aye. Section 55-446 (K.7): Ms. Moon recommended that the section read as "Producers of monthly programs will have one original cablecast to be repeated each week in the same allotted time slot for the remainder of the month". Mr. West motioned that this change be accepted as amended. Mr. Estrada seconded; motion passed with all voting aye. Ms. Aguilar made some formatting changes in lettering as the letter (L) had been left out. Ms. Moon moved that Section 55-446 (K.8) thru Section 55-447 (B) be approved as written. • Section 55-447 Section 55-447 (C): Ms Moon moved that this section be amended to read as follows: (c) Commercial programming— (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service or product is prohibited; or (2)Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The Cable Communications Commission has approved a memo that establishes guidelines concerning the advertisement of commercial products or services in a public access program. Mr. Estrada seconded the motion; all voted in favor with aye. Section 55-447 (D),(E),(F),(G), (H), (I): Minor formatting changes were made section E. Ms. Moon moved that these sections be approved as amended. Mr. West seconded; all voted in favor with aye. Section 55-447 (J): Ms. Moon moved that this section read as"Public access time allocated schedule --The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi-annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming,without gaps in the programming schedule". Mr. Estrada seconded; all voted aye Section 55-447 (K): Ms. Moon recommended that the first sentence of this section read as "Public Access User Group (PAUG) --As set forth in the City Code of Ordinances, section 2-183,membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups." Ms. Moon motioned that sections 55-447 (K), (I), (M), and(L)be accepted as amended. The commission voted aye in favor. Section 55-448: Mr. West motioned that this section be accepted as written. Mr. Estrada seconded and the commission voted in favor with all voting aye. Section 555-449: Section 55-449 (B.1): Ms. Moon recommended that this section read as "If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period." Mr. West motioned to accept this section as amended. Ms. Moon seconded and the commission voted in favor with all voting aye. Section 55-449 (B.2) and (B.3): Ms. Moon moved that these two sections be accepted as written. The commission voted in favor with all voting aye. Section 55-449 (B.4): The commission edited this section as follows to make it easier to understand: (4) Producers will receive written notice of the complaint, dates of the next two Commission meetings, and a statement that failure to attend, send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels for 60 days. (5) Producers will be informed in writing that three section 55-444 violations within a six-month period will result in forfeiture of their time slots and the use of the public access channels for 60 days. (6) If a section 55-444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the Cable Communications Commission by the PAUG Board of Directors or cable operator for review and discussion with the producer at one of the next two scheduled Commission meetings. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. . Ms. Moon moved that this section be approved as amended. Mr. Estrada seconded and the motion passed with all voting aye. Section 55-449 (C.1): the commission worked together to revise this section to read as follows: (c). Forfeit of Use of Public Access Channels (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut-off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut-off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. Ms. Moon moved that this section be accepted as amended. Mr. West seconded and the commission all voted aye. Section 55-449 (C.2): Ms. Moon recommended that this section be changed to read as follows: PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedules will be submitted to the Cable Communications Commission within the first seven days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the Commission's decision. The producer or a designated representative must appear at the next • Commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required.. Mr.West moved to accept section 55-449 C.2 as amended. The commission all voted aye in favor. Section 55-449 (C.3): Ms.Moon recommended that the section be amended to read as"If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the cable operator." Ms. Moon moved to accept this section as amended. Mr. West seconded and all voted in favor with aye. Section 55-449 (C.4): Ms. Moon recommended that the section read as "If a weekly series producer fails to supply media by the established time for four consecutive weeks, that producer and series will forfeit his/her time slots and the use of the public access channels for sixty days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two consecutive months, that producer and series will forfeit his/her time slots and the use of the public access channels for six months." Ms. Moon moved that this section be accepted as amended. Mr. West seconded and all voted in favor. Section 55-445 thru the end of the proposed document: Ms. Moon moved that the commission accept as written. Mr. West seconded and all voted in favor. Ms. Gutierrez asked for any public comment. There were none to speak. ADJOURNMENT OF MEETING—Ms. Gutierrez adjourned the meeting at 7:05 p.m.