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HomeMy WebLinkAbout027199 ORD - 03/27/20071 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1, 2007. 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, § . 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. SAY OF ROLES/RESPONSIBILITIES/PROCESS public access time slot lottery. These are called series producers. laws officers and a board of directors. PubficAccessRulesDraft01292.007 1 2 • The PAUG collects and makes available to cable operators the schedules and tapcs for each channel. to City Council. 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 programs tapes, on accepted media, as defined in Section 4, 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 and e -r 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. • Ali programs shall not be commercial as defined in section 4. • No program shall be transmitted that requests contributions unless the solickation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non-profit status in the state of Texas. Maximum time to request contributions in a program is five minutes. Publ cAccessRulesDraft01292007 • 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. AMI 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 programthe 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 - - " tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, er Consumer DV tape, video CD, 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 changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from an access user group and/or the cable operator(s'. Labeling: All producers must clearly label tapes accepted media as follows: On face of tape -or DVD accepted media and sleeve, box or case: a. Name of individual producer b. Producer's telephone number and/or e-mail address PublicAccessRulesDraft01292007 3 4 Length of program Title of the program as it appears on the producer's application On the spine of the tape a. Title of the program as it appears on the producer's application. Identification: Only one program may be recorded on media. a. There must be 30 seconds of blue or black at the beginning of your program. b There must be 30 a_ Programs must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 60 minutes in length. including the program identification. b. All half-hour programs must be 2$ 30 minutes in length, including the program identifcation. 0. Occasional programming beyond 59 60 minutes (such as high school sporting events) may be shown included pursuant to rules established by the Cable Communications Commission with consent of the cable operators. Deadline: - -- -- - - - -- - - -- . ' - - Programs on accepted media must be delivered to and picked up from the cable operators y 11:30 a.m. on Fridays prior to the scheduled cable ast that begins the following Sunday. Holidays may require deadline adjus rents. § 3 l-iow programs are scheduled and cablecast. Fran tised cable operators provide playback of public access programming according to the schedule provided by the PAUG_ The PjUG receives and schedules programming submitted by series and occasional proders and provides schedules to cable operators. Public access for series producers. The PUG conducts a biannual public access time slot lottery for each public access chanr,I according to the rules and procedures, and uses those results to develop a publi ,acce ys schedule for each channel. PAUGS will provide schedules to the cable operators following the lotteries and updated schedules between lotteries as they are mod if ed. PuoiicAccessRulesDraft01292007 5 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.- substikite 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 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 Communications Commission to their respective access users group board of directors. The PAUG Board of Directors will provide copies of applications to the Cable Operators and to the Cable Communications Commission no later than two weeks after the time slot lottery is conducted. Access channel (10 or 18) (Note: An individual producer i e must select one channel for cablecasting of both first -run and repeat showings. Programs cannot be run or both channels.' 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. Two Cable Communications Commissioners will attend each lottery. Lotteries will be conducted as follows: a. The spring lottery is conducted in the last week- seven days 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 seven days 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. ?ubficAccessRulesDraft01292007 6 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, producers of weekly prograrns requesting a repeat showing will then select their time slots for one repeat cablecvst in same or reverse order as the initial time slots were selected. not to exceed one meat per show. A program may be cablecast as an ori • inal and re •eat twice in the same ipttery period in the producer's allotted time slot, but not in consecutive weeks or month§ (ba -to-back). A program may be cablecast as an original in subsequent lottery periods. Pr f" a la or.... e- prr -bi_ - s+fa 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. No programs will be scheduled during holidays, unless automated programming allows as determined by cable operator a tape for of the new lottery schedule or forfeit the time slot for the remainder of that lottery period (2) weeks of scheduled airing, the producer forfeits the time slot for the rcmainder of eriod. r'ublicAccessRulesDraft01292007 7 4 Defined terms Accepted Miia - A recorded program on accept d media produced by a public access produger and submitted for cablecasting on public access channels. The term acce ed media" refers to 1/2" VHS (SP Speed). Super VHS tapes. DVD's, video CD's, Constoner DV's, and other formats which may be utilized in the future. Accecs user group As set forth cstablichcd for ach public access channel. Each producer is entitled to vote on all assess_ officers Cable Communications C9mmission — The Cable Communications Commission consis of e residents Df the city appointed by the City Council. The Cable Comrrainications Commission administers the • rocess for com s laints re • ardin s the Rules and Procedures for Public Access Cablecasting. The Cable Communications Comon mediates any disputes brought to it by the PAUG. 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 Com ints - Communication to the Cable Communications Commission regarding violation of Rules and Propedures for Public Access Cablecasting. Complaints may be submtted to the Commission in writing to the City Secretary's Office or through an online form at www.cctexas.com/ccc/complaint. 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. Pub IicAccessR u lesD raft01292007 8 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 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, within the first 30 seconds. A tag at the end of the_p_rogram is optional. 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. Public Access User Group (PAUG) -- As set forth in the City Code of Ordinances, sectio] 2-1$3, membership of the access user group may be composed of any indivictals_who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstandin• an other •rovision, re•resentatives of the cable erator may be membersof the access user rg oup. Access user groups are organiged separately and 'ndependently from the city and are not boards, commissions, comrrttees or any other subdivision of the city. Each public access channel must estabh an access user group. All user groups, by application to the Cable Communications Commission and the City Secretary, must be certified by the Cable Communications Commission. Producers organize themselves according to by-laws, electing among themselves officers and a board of directors. Each producer is entitled to vote on all matters pertaining to establishment of access user group bylaws and elect.n of officers. Repeat program -- A program which was previously aired on any public access channel during the same iotteryperiod. Pub licAccessR u lesDraft01292007 9 Semi-annual time slot renewal period -- A period beginning April and October of each yearduring 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 § 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. Producers must follow all Rules and Procedures for Public Access Cablecasting. If arQducer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period. A_prockicer n1 y appeal decisions of the Cable Communications Commission to the City Council by submitting a sworn notice of appeal to the City Secretary within 30 days of the re : ition of the Commission decision. The Channel 10 Access User Group Board of 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. Comppints *out violation of Section 1 rules must be submitted to the Cable Comnnications Commission. Producers will be notified • • hone or e-mail of • ro• ram com•laints and be informed of the Ctle Communications Commission meeting schedule. Producers also will receive writtert„notice of the complaint, dates of the next two Commission meetings, and a statement that failure to attend or send a re•resentative will result in forfeiture of •ublic access channel use for sixty (60) da s Also •roducers will be informed in writin• that three Section 1 violations within a six month period will result in forfeiture of public Qub icAccessRulesDraftO129200 10 access, charnel use for sixty (60) days. If a Section 1 violation is evident. that program med)a vill be removed fro airin• and from re eat showin•. and the media will be turned over to the Cable Communications Commission for review and discussion with the • r• . ucer -t one of the next two scheduled Commission meetings. Producers must take cgrrective action on any programs with rule violations before they can be submitted as a s Gond original or re •A.- at. U • on notification of a com • Iaint the • roducer or a representative, must attend one of the next two regularly scheduled Cable Communications Commission meetings to discuss the violation. If a •r• •ucer or re•resent -tive fails to attend a Commission meetin• within two scheduled meetings, the producer and the series will be removed for sixty (60) days. A prockicer and series will be removed from public access channels for sixty (60) days for three Se ion 1 violations during a_six month period. b. Forfeit of Use of Public Access Channels Lottery periods begin the first Sunday in June and in December. At the lottery, PAUGs will es blisb a designated location for producers to deliver weekly and monthly media. Mediajor the first program in a lottery period must be delivered to the designated locaticl by 10:00 AM on the Friday before the first Sunday in the new lottery period. Follovg the first rriia delivery of the lottery period, cut-off time for delivery of media for weekly programs is 10:00 AM on Friday each week. Cut-off time for delivery of media for monthly programs is 10:00 AM on the Friday before the first Sunday of each month. PAUGg will maintain a scl edule list that indicates delive of medias b •roducers. A months log of these schedules will be submitted to the Cable Communications Comnrssion by noon on the second Monday of each month. If a seties producer fails to supply rn - on time for a weekly or monthly program, that progro and series will not be aired that week or month. No late media will be a cce pWci . If a w ekly series producer fails to supply media by the established time for four consecutive weeks, that producer and series will forfeit the use of public access chanrIs for the remainder of that lottery period. If a monthly series producer fails to supply media on time for two consecutive months, that producer and series will forfeit the use of public access channels for the remainder of that lottery period. The Cpmmisssion will review the monthly media delivery log at each Commission meeting and send written notification to producers who forfeit the use of public access chanrtls for failure to sub it media. This notification will include the date of the next scheduled commission meeting, at which time the •roducer ma a• •eal the Commission decision. Producers or a designated representative must appear at the Commission meeting or provide a written statement for an appeal to be reviewed. c. Section 2 Violations PubicAccessR uIesDraft01292007 11 Franc ised cable operators may submit complaints for Section 2 violations to the Cable Comm..unications Commission to be placed on the Commission meeting agenda for discussion. d. Section 3 Violations Compints fpr Section 3 violations ma be submitted to the Cable Communications Com 'ssio The Comm' h sion will noti the a . • ro • riate PAUG of an com • laints and schecjle a tiscussion with the PAUG president and the complaining party at the next sche*led Commission meeting e. Complaints about Cable Operators Com •.. int -.bout a franc 'sed cable o•erator ma be submitted to the Cable Communications Commission. A copy of the complaint will be forwarded to the cable oper4or. The Commission will schedule a discussion with the cable operator and the complaining party at the next scheduled Commission meeting.. via certified -mail, return receipt requested, the hearing._The access user group, the city COM -11:146 -640 -11 - specified in the City Charter. access date an appeal is concluded. A F b cAccessRulesDraft000' 292007 violation of the above rules. 12 1-)- -I#-a-Producer or Acoess User Group Board of Directors has an internal complaint Sections --2 or 3, the Producer or Access User Group Board of Directors shall follow 2) - 4f -a Producer or Access User Group Board of Directors has a complaint regarding to the Access User Group and then from days (3) If a cable provider has a complaint regarding a Producer or Access -User Group, three (3) working days to the Access User Group Board ef Di -rectors. The access User shall submit cable operator within seven (7) working days. ( 7) king -mss, writing to 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. SECTION 4. This Ordinance takes effect on June 1, 2007. PubilcAccessRulesDraft01292007 That the foregoing ordinance was red for the first time and passed to its second reading on this the 2 day of iii -C 2007, by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That_,foregoing ,ordin nce was read for the second time and passed finally on this the 7; [ — day of Mar( '1 2007, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper ` Mark Scott Jerry Garcia APPROVED AND PASSED on this ATTEST: Armando Chapa, City Secretary Approved -11A/k\' h Lisa Aguilar O Assistant City Attorney for City Attomey day of 11ari) • 'LA .i/i Henry Garr , ayor , 2007. EFFECTIVE DATE State OT '"exas Count\ of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5707573 PO Before me, the tindersigned, d Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller -Times, a daily newspaper pub_ished at Corpus Christ in said City and State, generally circulated in ransas, Bee. Brooks Duva , Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak Nueces, Refugio, Sin Patrick), Victoria and Webb Counties, and that the publication of. NOTICE: OF PASSAGE OF ORDINANCE NO. which the annexec s a copy, was nserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times interactive on the 2ND day(s) of APRIL, 2007. $90,93 Legal Sales Representative TWO (2) Time(s) YSubsgribed and swop to me on the ate of Notary Public, Nueces County, Texas for A■i « # cabiecoMinfor pia � saffective This oslinatui@ was \�b Christi 2007. &, City «t