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HomeMy WebLinkAbout026366 ORD - 07/26/2005 AN 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. 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 Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services Regulatory Ordinance (referenced in section 55-302), amended by Ord. No. 025679, S 1, adopted Mar. 23, 2004 and Ord. No 026008, S 1, adopted Oct. 26, 2004. A uniform style of section designation, paragraphing, and capitalization has been employed so that these provisions, while generally compatible with Code style may also be distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55. SUMMARY OF ROLES/RESPONSIBILITIES/PROCESS Public access lli>eF6 producers: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards To obtain a regular weekly or monthly time slot, lli>eF6 producers participate in biannual public access time slot lottery. These are called series lli>eF6 producers. For random placement of nonrecurring show (i.e, a show that is not regularly produced), lli>eF6 producers submit tapes, which are inserted in available time slots by the PAUG. These are called occasionallli>eF6 producers. Public access user group (PAUG): Ysefs Producers organize themselves according to by-laws, electing among themselves officers and a board of directors. The PAUG conducts a biannual public access time slot 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 occasionallJSef6-producers. The PAUG collects and makes available 6y tQ cable operators the schedules and tapes for each channel The PAUG administers the rules and procedures; lli>eF6 producers may appeal decisions of the PAUG board to the cable commission Cable Communications Commission and, after that, to city cOllncil City Council. The PAUG may require series lli>eF6 producers to pay nominal fees to offset minor operational expenses. There may be a separate PAUG for each public access channel. Public Access Changes July 22 2005.DOC n2636S 2 Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable commissien: Cable Communications Commission: The cable cemrnissien Cable Communications 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 cemmunicatiens cemrnissien, Cable Communications Commission with the consent of the cable operators These rules may be amended by city ceuncil City Council following recommendation from the Gable cernmie:sion Cable Communications Commission or franchised cable operators in the City of Corpus Christl S 1 Rules for participation. Y6ef6 Producers must complete and sign a programming contract. In signing the programming contract, the _ oroducer warrants that the following rules will be observed: All programs must be produced by a _ oroducer 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 orOQram shall be transmitted that oortravs anv criminal act as beinQ acceotable or condoned behavior. 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 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 PUBLIC ACCESS CHANGES JULY 22 2005.00C , ~ Format a Ysefs Producers 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, ef Consumer DV tape. or DVD 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 calale commission Cable Communications Commission based upon a request from an access user group and/or the cable operator(s). Labeling AlllI5ef5 producers must clearly label tapes on face of the tape and tape sleeve box 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 9.---- Time slot number (as determined by time slot 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. c Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable cgmR1unications cgmmissign 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 lI5ef5 producers. PUBLIC ACCESS CHANGES JULY 22 2005.00C 4 Time slots. Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi-annual time slot lottery. Conflicts on requests for time slots will be submitted to the Gable commissien Cable Communications Commission for arbitration Each _ producer 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 _ producer may substitute another program in place of the repeat program. Application: No later than two 'Neelu; prior to each biannual time slet lettery, each series blser mblst submit a completed public access cablesastin!j applisation to their respeslive access ueer !jroblp, and prOVide current copies to cable operators, No later than the niqht of the bi-annual time slot lotterv each prOducer must submit a completed public access cablecastinQ application to their respective access users Qroup including the following items: a Y5ef's Producer's name b Program name c Length of the program d. Frequency (weekly or monthly) The PAUG Board of Directors will provide copies of applications to the Cable Operators no later than two weeks after the time slot lotterv is conducted. e. Access channel (10 or 18) (Note: An individual_ producer 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 slollottery may be submitted anytime before the time elot lottery. 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 ,n December through the day preceding the first Sunday in June. Ysefs Producers 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 eA-tRe fOblrth Thblrsday in April in the last week of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lotterv b The fall lottery is conducted on the fourth Thblrsday in Ootober in the last week of October with the new time slots actually beginning on the first Sunday in December, exsept that tAe fall 20Q4 lettery shall be oondblcted on ~Je'lember 18, 2001. The PAUG Board of Directors shall determine the day and time of the lotterv. The publiC access time schedule will be broken into 30-minute intervals. PUBLIC ACCESS CHANGES JULY 22 2005DOC 5 Each l16ef producer 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 ~ producer, one-by-one, selects an available time slot. After all <l6ef5 producers select time slots for their first-run shows, those requesting a repeat showing will then select their time slots 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 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 HSefS producers. Single time slots of lengths as noted above in section 2, Length, will be available for occasional <l6ef5 producers on a first-come, first-served basis. Occasional HSefS producers 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 sbl!ll3ly tal3es for two consecutive weeks for a weel~ly I3reljram, the blser ferfeits the time slet for the remainder ef that lettery l3eriod. /\ series !lrodblcer of a menthly !lroljram mblst sUI3!lly a tal3e within the first twe weeks of the new lottery schedule or forfeit the time slot for the remainder of that lottery l3eriod. After that, if a series blser llreduser fails to sbll3!lly a tal3e fer a menthly !lrogram dblrinlj the month of schedblled airinlj, the user llreducer forfeits tho time slot for the remainder ef that leltel)' !leriod. If a series producer fails to supply tapes for two censecutive weeks for a weekly prOQram. the producer forfeits the time slot fer the remainder of that lotterv period and the prOQram shall be remeved from the schedule for the remainder of the lotterv period by the PAUG Board of Directers. A series producer of a monthly proqram must supply a tape fer turn in to the Cable Operator within the first twe (2) weeks after the beoinnino of the new lettery schedule or forfeit the time slet for the remainder of that lotterv period or the proqram shall be removed from the schedule by the PAUG Beard of Directors. After that, if a producer fails to supply a tape for a monthly prOQram durinQ the first two (2) weeks of scheduled airinQ. the producer forfeits the time slot for the remainder of that lotterv period. The deCision to remove a prOQram from the schedule may be appealed by the producer by submittinq an appeal in writinQ to Office of the City SecretarY for the Cable Communications Commission. 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 PUBLIC ACCESS CHANGES JULY 22 2005.00C 6 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 _ oroducer 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 csmmission 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 lI6ef producer name. and title of program as it appears on the _ oroducer 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 time slot renewal period. The block of time will be determined by each PAUG by calculating the number of IlSef5 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. Repeat program -- A program which was previously aired on any public access channel. 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 lI6ef producer. A series can be either weekly or monthly. Y6ef Producer-- 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 cOlJncil City Council following recommendation from the Gable commission Cable Communications Commission or franchised cable operators in the city. The city shall g,ve 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. PUBLIC ACCESS CHANGES JULY 22 2D05DOC 7 S 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 _ producer or program violates one or more of the rules identified in section 1. The access user group will inform the _ producer 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 lISef-producer. The notification letter shall be sent to both the individual _ producer 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_ producer may appeal the decision of the Access User Group Board of Directors to the Gable comm~niGationg commission 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 comm~nications commission 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 Cable Communications Commission shall promptly render its decision. Appeals of commission Cable Communications Commission decision may be made to the city council 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 _ producer 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 _ producer 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 _ producer 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 V'olations of Sections 2 or 3 and General Complaints. (1) If a Ysef Producer 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 Ysef Producer 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 Y88I' Producer 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 Ysef Producer 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 Y88I' Producer to the Access User Group and then from the Access User Group Board of PUBLIC ACCESS CHANGES JULY 22 2005DOC 8 Directors to the cable provider within three (3) working days. The cable provider shall respond, by em ail or delivered in writing, within three (3) working days. If a complaint is not resolved, a YseF Producer 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 Cabie Communications Commission meeting. (3) If a cable provider has a complaint regarding a Y5ef Producer 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 ema,l 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 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. PUBLIC ACCESS CHANGES JULY 22 2005.DOC 9 That the foregoing 0 inar.\ce was read for the first time and passed to its second reading on this the ~ day of , 2005, by the following vote: ~ .~ ---Q4L Bill Kelly l U K- if ~ PASSED AND APPROVED, this the M day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia '. CU)k Rex A. Kinnison ClLjf. , ~ :1' ~:::EN:::' =itt:-r 4 Mark Scott I () QAf , u ~ g ordinance wa:- retfor the second time and passed finally on this theJ0f1'- U , 2005 by the following vote Rex A. Kinnison -Ji!;:, --+ ~ John E. Marez Jesse Noyola Mark Scott ,2005. A TTEf'i n / f~~~_ Armando Chapa City Secretary APPROVED ~ j" ,~ ,/ ,2005 ~.~~ Lisa Aguilar '. Assistant City Attorney for City Attorney EFFECTIVE DATE c;j/I/D~ Public Access Changes July 22 2005.DOC n2~::lf,6 ,) ,.~ ;;:'~~\\' L!, . ,,-' .~ '~H;'..r'l...l.- ... . . " . Co ~'1G i I) M"~' 3 PUBLISHER'S AFFIDAVIT "';tate of Texas i,'ountv l)f Nueces ss: CITY OF CORPUS CHRISTI Ad # 5267769 PO # Before me, the undersigned, a Notary Public, this day personally came Diana HlI1ojosa, who being first duly sworn, according to law, says that she is "';~~NIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper nublished at Corpus Christi in said City and State, generally circulated in '\ransa~ Bee, Brooks, Duval, Jim Hogg, JIm Wells, Karnes, Kenedy, Kleberg, _lYe' Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that he publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the mnexec! IS a true COPy, was inserted in the Corpus Christi Caller-Times and on . he World Wide Web on the Caller-Times Interactive on the 1ST day(s) of \LLUl.JST,2005 $Q~ .,;m L\LOIlO.- ?fi ~.s~ SENIOR COLLECTOR TWC>...12..1 Time(s) Subscribed and sworn to me on the date of AUGUST 02,2005. i -*' ''(,Jo _ .-1 J IQ .2{tZ ,,-k'oiJ - Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. .J;ALLER-T L '.~::I! {.fl 5.MondJIy INOT CE Of I Of ORDINANCE. NO. ' 026366 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 rwgtrdIng Rules and Procedurws for Public Accass Cablecasting. This ordinance was passed and approved by the City Council of lhe Cily 01 Corpus C,,*,i on ita seoond raeding on July 28. 2005. fa! AI11WlOo Chapa City s.cretary City of Corpus Christi :h, .