HomeMy WebLinkAbout026633 ORD - 01/31/2006AN 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, §
1, adopted Mar. 23, 2004 and Ord. No. 026008, § 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 producers. Individuals produce programming for cablecasting following
specific participation rules and adhering to production standards.
• To obtain a regular weekly or monthly time slot, producers participate in biannual
public access time slot lottery. These are called series producers.
• For random placement of nonrecurring show (i.e., a show that is not regularly
produced), producers submit tapes, which are inserted in available time slots by the
PAUG. These are called occasional producers.
Public access user group (PAUG): 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 occasional
producers.
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The PAUG collects and makes available to cable operators the schedules and
tapes for each channel.
The PAUG administers the rules and procedures; producers may appeal
decisions of the PAUG board to the Cable Communications Commission and, after that,
to City Council.
The PAUG may require series producers to pay nominal fees to offset minor
operational expenses.
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 Communications Commission: The 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 Communications Commission with the consent of the cable
operators.
These rules may be amended by City Council following recommendation from the Cable
Communications Commission or franchised cable operators in the City of Corpus
Christi.
§ 1 Rules for participation.
Producers must complete and sign a programming contract. In signing the programming
contract, the producer warrants that the following rules will be observed:
• All programs must be produced by a producer 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.
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• No program shall be transmitted that contains copyrighted information for which
proper clearance or authorization has not been obtained.
No program shall be transmitted that portrays any criminal act as being
acceptable 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.
All programs must be locally produced. In order to be classified as a locally
produced program, the program must contain at least twenty -five percent (25 %) locally
produced content.
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.
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. 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, of 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 Cable Communications
Commission based upon a request from an access user group and /or the cable
operator(s).
Labeling: All 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 as it appears on the producer's application
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c. Length of the program
On the spine of the tape
a Title of the program
Identification: Only one program may be recorded on a tape.
a.
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blue or black at the beginning of your program.
b There must be 68 30 seconds of blue or black at the end of your program.
c. Programs must include the program identification as defined in section 4.
Length:
All one -hour programs must be 59 minutes in length.
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 producers.
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 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.
Only programs created by a producer, as defined in Section 4, are eligible to participate
in the semi - annual lotteries and are eligible to be transmitted as a public access
program.
There must be 30 seconds of
Application: No later than the night of the bi- annual time slot lottery each producer must
submit a completed public access cablecasting application approved by the Cable
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Communications Commission to their respective access users group board of directors.
a— 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 lottery 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
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.
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 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 lottery.
b. The fall lottery is conducted in the last week of October with the new time slots
actually beginning on the first Sunday in December. The PAUG Board of Directors shall
determine the day and time of the lottery.
The public access time schedule will be broken into 30- minute intervals.
Each 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 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.
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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 producers.
Single time slots of lengths as noted above in section 2, Length, will be available for
occasional producers on a first -come, first - served basis. Occasional 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 producer fails to supply tapes for two consecutive weeks for a weekly
program, the producer forfeits the time slot for the remainder of that lottery period and
the program shall be removed from the schedule for the remainder of the lottery period
by the PAUG Board of Directors. A series producer of a monthly program must supply
a tape for turn in to the Cable Operator within the first two (2) weeks after the beginning
of the new lottery schedule or forfeit the time slot for the remainder of that lottery period
or the program shall be removed from the schedule by the PAUG Board of Directors.
After that. if a producer fails to supply a tape for a monthly program during the first two
(2) weeks of scheduled airing, the producer forfeits the time slot for the remainder of
that lottery period.
The decision to remove a program from the schedule may be appealed by the producer
by submitting an appeal in writing to Office of the City Secretary for the Cable
Communications Commission.
§ 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 producer is entitled to vote on all
matters pertaining to establishment of access user group bylaws and election of
officers.
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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
programs produced in the Corpus Christi region by producers as defined in this section.
Producer — Any resident of Corpus Christi, 18 years of age or older, who has proof of
residency which must include a local street residence address, a local contact
telephone number and valid identification (such as a driver's license). A producer must
pay any fees required by the access user group and must execute an approved
program contract. A producer, by way of definition, is an individual or organization who
meets the above stated requirements and participates in or is responsible for the
creation of a local, non commercial program for the public access channels. If the local,
non commercial program is created by a local organization, such as a church, one
person who meets the above requirements must be designated as the producer and will
represent the organization with the access user group. For identification purposes, this
person's name will appear on identification, either video or audio, and printed on labels.
Program identification -- The tag at the beginning and end of the program must bear the
producer name, and title of program as it appears on the producer 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 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.
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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 producer. A series can be
either weekly or monthly
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
Communications 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 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 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 Cable Communications Commission by physically delivering to the city secretary's
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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 Cable
Communications Commission shall promptly render its decision. Appeals of Cable
Communications 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 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. Violations of Sections 2 or 3 and General Complaints.
(1) If a 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 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 Producer 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 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 Producer 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 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 Cable Communications Commission meeting.
3) If a cable provider has a complaint regarding a Producer or Access User Group,
the cable provider shall submit the complaint, by email or delivered in writing, within
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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
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.
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That the foregoing ordinance w read for th
reading on this theArday of
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
That the foregoing
the,315+ day of
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
e first time and passed to its second
2006, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
rdinance was read for the second time and passed finally on this
2006, by the following vote:
PASSED AND APPROVED this the 3154
ATTEST:
Armando Chapa
City Secretary
APPROVED: :1
✓)
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Day of
, 2006
Lisa Aguilar
Assistant City Attorney
for City Attorney
Henry Garr
Mayor
n',.‘7133
2006.
EFFECTIVE DATE
(0_c