HomeMy WebLinkAbout026008 ORD - 10/26/2004
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ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES
FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY
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 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 fees to offset minor
operational expenses.
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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.
S 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.
S 2 Technical standards and production requirements.
Programs submitted for cablecast must conform to the technical standards and
production requirements established for cablecast by the FCC and City of Corpus
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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 individual producer and organization (if applicable) and telephone
number
b. Title of the program
c. Length of the program
On the spine of the tape:
a. Title of the program
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.
b. All half-hour programs must be 29 minutes in length.
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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.
S 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 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 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: 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
However, applications for the fall 2004 time slot lotterv mav be submitted anvtime
before the time slot lotterv.
Lotteries and schedules: There are two lottery periods. The Spring lottery period
begins the first Sunday in June through the day preceding the first Sunday in
December. The Fall lottery period begins the first Sunday in December through the day
preceding the first Sunday in June.
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Users will attend the time slot lottery as noted in a and b below. 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 with the new time
slots actually beginning on the first Sunday in December, except that the fall 2004
lotterv shall be conducted on November 18, 2004.
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 slot.
After all users select time slots for their first-run shows, those requesting a repeat
showing will then select their timeslots in same order as the initial 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 1 0 by the Channel 1 0 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 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.
Forfeit of time slot
If a series user fails to supply tapes for two consecutive weeks for a weekly program,
the user forfeits the timeslot 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
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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.
S 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.
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.
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Semi-annual 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).
S 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.
S 6 Violation of rules
The Channel 1 0 Access User Group Board of Directors will receive and investigate
complaints concerning violations of the above rules on Channel 1 O. 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 access user group will
inform the user who produced the program that is the subject of the complaint 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 a Section 1 rule has been violated, the 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
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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 a Section 1 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 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, bye-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
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 (7)
working days, the cable provider shall submit the complaint, by email or delivered in
October 2004 public access rules ordinance-lottery date. DOC
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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 3. 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 its publication, or upon the date of its final passage, whichever
occurs first.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed alld takes effect
upon first reading as an emergency measure this the:9-V"day of~<2004.
ATTEST
THE CITY OF CORPUS CHRISTI
~_.~
Armando Chapa
City Secretary
~t. ij~ /
cSamuel L. Neal, Jr. ?
Mayor
Approved as to form: November 4, 2004
;;~
Lisa Aguilar
Assistant City ttorney
for City Attorney
October 2004 public access rules ordinance-lottery date. DOC
Corpus Christi, Texas
, )..G -tl~ Day of C ch-,l~
,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.,
City of Corpus risti
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
7
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Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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04 NO\] -8 r,tH\: 39
State of Texas }
County of Nueces } ss:
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5042165
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is Credit
Manager 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 Patricia, 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 Caller-Times Interactive on the 1ST day(s) of NOVEMBER,
2004.
$56.25
h'LUl.fJ- (fj Uuo-JD.s~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
NOVEMBER 02.2004.
I '
.J', 00']1:\ ~nlOI1) L1
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
JuJ/b ~
My commission expires on 04/23/05.
NOTICE OFPASSAGE
OF ORDINANCE NO.
02eooe
Ordinance amending
Code of Ordinances"
City 01 Corpus Christi,
Chapter 55, regarding
rules and Procedures
for public access
csblecasling. This
ordinance was paased
and approved by the
City Council of the City
of Corpus Christi on
October 26, 2004.
IsI_C'-
cay SoawtBIy
City 01 Corpuo CIvI8lI