Appendix A: Time Warner Cable Policy Statement
Violation's of the General Provisions or the Public Access Provisions
of these rules will result in a written warning, or an immediate suspension
of public access privileges.
Possible violations may include, but are not limited to:
- Failure to arrive for an equipment reservation.
- Cancellation of an equipment reservation less than 24 hours in advance, with the exception of unforeseeable disaster or accident.
- Tardiness, defined as being more than 30 minutes late for a reservation or returning equipment, except in emergency situations.
- Refusal to surrender use of equipment and/or facilities after being notified by access staff.
- Access producers must remain in the public access area. All other areas are off-limits to producers.
- Failure to submit a program, or a new program in a series, by the scheduled play date.
- Failure to schedule editing time or submitting a program for cablecasting within four (4) weeks) following the use of remote/studio equipment.
All warning, penalties or loss privileges will be in writing to the public
access user. Appeals may be made in writing to the Cable TV Advisory Board,
% Citizen Information Center, 129 No. 10th Street, Room 11, Lincoln, NE
- Warning Issued.
The producer shall be notified in writing and made aware of the
- First Penalty Issued.
Should a second violation of the same or any other rule occur, the
producer will receive a written penalty.
- Second Penalty Issued - One Year Loss of Privileges.
Should a third violation occur, the public access producer shall
be notified in writing of his/her suspension from access
involvement of any kind for a period of one (1) year from
the date of the third violation.
Some violations are more serious in nature. They may endanger the equipment,
or present a hazard to public access users and/or other persons.
The preceding penalty procedures my be superseded depending on the
seriousness of the violation/s. The following causes will result in
immediate suspension of any or all public access privileges.
- Under the influence of alcohol or drugs, or otherwise not under full
control of his/her senses, or if exhibiting disrupting or abusive
- Unreimbursed damage to the equipment and/or facilities caused by neglect,
abuse, theft, or other calamity; or self-repair or continued use of
equipment that has malfunctioned.
- Use Lincoln Cablevision equipment or facilities not designed for public
- Theft, an act of violence and/or destruction of property, or other
actions which would be criminal in nature.
- Violation of the program content limitations of Chapter 2, Article VIII.
- Use of public access equipment for other uses than producing an access program.
17 U.S.C. '107 of the United States Code allows for the fair use of a
copyrighted work. That fair use is limited for purposes of criticism, comments,
news reporting, teaching, scholarship, or research. In determining whether the
use made of a work in any particular case is a fair use, the factors to be
considered shall include:
- The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational uses;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and,
- The effect of the use upon the potential market for or value of the copyrighted work.
17 U.S.C. '504 provides that an infringer of copyright is liable for either:
- The copyright owner's actual damages and any additional profits of the infringer; or,
- Statutory damages up to $10,000.
- Retention of Editorial Control
Control over program content and scheduling will remain the exclusive province of the City.
- Permissible Content of Announcements
Underwriting and general donor announcements are permitted to identify the donor, but not to promote the donor's products or services. The announcement may include the following information:
- The name of the donor;
- The donor's location;
- The purpose to which the donation was directed;
- Non-comparative descriptions of the product or service line in which the donor is engaged, including visual depictions of the product or service;
- The donor's brand or trade name (s), including visual depictions of the same;
- The donor's bona fide aural or visual logos (including audio slogans or musical signatures) which the viewer would associate with the donor or its products or services.
- Impermissible Announcements
- Any language explicitly urging patronage of particular good, products, services or facilities.
- Any explicit mention or comparison of the price, quality or quantity of goods, products, services or facilities.
- Any logo or slogan that is not routinely used by the underwriter in its business.
- Permissible Duration
Underwriting and general donor announcements cablecast on access channels shall be of such duration as appropriate to impart the identifying information. However no such announcements shall exceed sixty (60) seconds.
- Permissible Frequency and Timing
The access coordinator will determine the appropriate frequency and timing of underwriting and general donor announcements, taking into account the goals of encouraging the donation of funds from diverse sources and to minimize adverse audience reaction. However, announcements shall not be cablecast so that disruption, interruption or suspension of regular programming occurs.