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HomeMy WebLinkAbout025679 ORD - 03/23/2004 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES / RESPONSIBILITIES / PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. · For random placement of nonrecurring show (i.e., a show that is not regularly produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are called Occasional Users. Public access user group (PAUG): Users organize themselves according to by-laws, electing among themselves officers and a board of directors. The PAUG conducts a bi-annual public access timeslot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. The PAUG receives and schedules programming submitted by occasional users. · The PAUG collects and makes available ~-'-,.., ~.,..,...~.-';"~' "- w~-" cable operators the schedules and tapes for each channel. The PAUG administers the rules and procedures; users may appeal decisions of the PAUG board to the cable commission and, after that, to city council. · The PAUG may require series users to pay nominal me~ fees to offset minor operational expenses. March 2 2004 public access rules ordinance. DOC There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable commission: The cable commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, with the consent of the cable operators. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Users must complete and sign a programming contract. In signing the programming contract, the user warrants that the following rules will be observed: · All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501 (c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. · No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted which contains obscene or indecent material. · All programs must include proper program identification as defined in section 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. March 2 2004 public access rules ordinance. DOC 3 Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the cable commission based upon a request from an access user group and/or the cable operator(s). Labeling: All users must clearly label tapes as follows: ""~,. a. Name of ~nd~wdual ,,,, ...... producer and organization (if applicable) and telephone number b. Title of the program c. Length of the program On the spine of the tape: (t.a. Title of the pro.qram D~.v *~ ~'~' "' .... '~ ""'~ ~"~'"'~' '" ...... ~'"-/"~ '~"+~-"';""'~ by b~_ Timeslot number (as determined by Timeslot Lottery). Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 minutes in length. March 2 2004 public access rules ordinance. DOC 4 b. All half-hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable communications commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. Time slots: Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual times~ time slot lottery. Conflicts on requests for time slots will be submitted to the cable commission for arbitration. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in Section 3, Lotteries and Schedules. Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program. Application: No later than two weeks prior to each bi-annual times!ct time slot lottery, each series user must submit a completed public access cablecasting application to their respective access user group, and provide current copies to cable operators, including the following items: a. User's name b. Program name c. Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: A set!Cs prc,~ra,,m An individual user or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery periods. The Spring lottery period begins the first Sunday in June throuqh the day preceding the first Sunday in March 2 2004 public access rules ordinance. DOC December. The Fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Users will attend the ~ time slot lottery as noted in a and b below. :Fhe-e:.=qble CO ,rTl, ...................................................... ~ ..................................... 4~, letter~=~ Lotteries will be conducted as follows: a. The spring lottery is conducted on the fourth Thursday in April ...... ~. ..... with the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October ~t 4:30 ~. ..... with the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available time~le~time slot. After all users select t~m' ,,~1,,+o ...... time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial timesle~ time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional users. Single timeslots of lengths as noted above in section 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the access user group PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. March 2 2004 public access rules ordinance. DOC Forfeit of time slot If a series user fails to supply tapes for two consecutive weeks for a weekly program ........................................ z ~-,v= ..... ~, the user o s the timeslot u,q .... ~ for the remainder of that lottery period. A series producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the time slot for the remainder of that lottery period. After that, if a series user fails to supply a tape for a monthly program during the month of scheduled airing, the user forfeits the time slot for the remainder of that lottery period. § 4 Defined terms. Access user group -- As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group· Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming -- 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; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The cable communications commission has established guidelines concerning the advertisement of commercial products or services in an access program· Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming--means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification -- The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") -- This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. March 2 2004 public access rules ordinance. DOC Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual timeslot renewal period. The block of time will be determined by each PAUG by calculating the number of users 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. Repeat program -- A program which was previously aired on any public access channel. Semi-annual tim, Lc!ct time slot renewal period -- A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series -- A locally produced public access show from a single user. A series can be either weekly or monthly. User -- Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. The Chcn,",s! !0 cccsss user grc~, .................... ~ ........ ~, ................... ~ ................. m.l~[.t ........ i .... ;~l~+i .... ~+k. ~h ....... I~. On Ph .... I 4. The access user group will inform the user who produced the program that is the subject of the complaint March 2 2004 public access rules ordinance. DOC 8 of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or group. If.~,,, ..... ..,~ *~"-.,,...~.....-~- ......., .,....~"o, ,.~... ~- .... ~ .... a Section 1 rule has been violated, the ar~oees-uee~ group Access User Group Board of Directors will mail written notice of the violation to the user. The notification letter shall be sent to both the individual user and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The user may appeal the decision of the ~ Access User Group Board of Directors to the cable communications commission by physically delivering to the city secretary's office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cable communications commission shall hold the hearing for appeal within ~-""*---'",~,.~..,, ~,. ,, thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decision. Appeals of commission decision may be made to the city council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of~,~s a Section I rule occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of the ~ a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until ~ the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a User or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the User or Access User Group Board of Directors shall follow procedures established by their group's certified by-laws. If a complaint is not resolved within seven (7) working days, a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a User or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, from a User to the Access User Group and then from the March 2 2004 public access rules ordinance. DOC Access User Group Board of Directors to the cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within three (3) working days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a User or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writing, the cable operator within seven (7) working days. If a complaint is not resolved within seven (/) working days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION $. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall take effect upon publication. March 2 2004 public access rules ordinance. DOC 10 That the foregoing ordinan~7,e was read for the first time and passed to its second reading on th~s the day of I~r~O.~(~ ,2004 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly (~.~j .~ Rex A. Kinnison Jesse Noyola Mark Scott That/t~,e yregoing ordinance was read for the second time and passed finally on this the ,~.~'XcJ day of J~(~L~-~% ,2004 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ~,~ ~day of Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ATTEST: Armando Chapa City Secretary APPROVED: Lisa Aguilar ~) Assistant City Attorney for City Attorney ,2004 Mayor March 2 2004 public access rules ordinance. DOC · ,; ';: *,, ~,' PUBLISHER'S AFFIDAVIT State of Tex~ } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 4848586 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit ManaEer of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Calle~Times Interactive on the 29TH day(s} of MARCH, 2004. $64.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of MARCH 30, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Christi Caller-TImee, Monday, March 29, 2004