General Provisions Applicable to All Access Channels

I. PREAMBLE

• 1.1   The rules and regulations set forth herein are adopted to govern the availability and use of the access channels of the cable television system owned and operated by Time Warner Entertainment Advance/NewHouse d/b/a "Time Warner Cable" in the community of Lincoln, Nebraska.



• 1.2   Definitions: The following definitions shall be applicable to all access rules:



• Lottery shall mean a gambling scheme in which (1) participants pay or agree to pay something of value for an opportunity to win, (2) winning opportunities are represented by tickets differentiated by sequential enumeration, and (3) winners are determined by a random drawing of the tickets.
• Prime time shall mean the hours between 6:00 p.m. and 10:00 p.m.
• Public access producer shall mean any person authorized per these rules to use public access equipment or facilities.
• Government/Education (G/E) producer shall mean any person authorized per these rules to use government or educational access equipment or facilities.
• Franchise agreement shall mean the agreement made and entered into on the 5th day of August, 1985, between the City of Lincoln and Time Warner Cable which was approved by Ordinance No. 14153.
• Government/Education (G/E) Access Coordinator shall mean the person responsible for coordinating production activities relating to the government access channel and facility.
• Public Access Coordinator shall mean the person employed by Time Warner Cable who is responsible for coordinating all activities relating to the public access channel.
• Imported program shall mean a program which is produced outside Lincoln or by nonresidents.
• Educational Consortium shall mean a group of educational institutions composed of University of Nebraska-Lincoln, Nebraska Wesleyan University, Union College, Southeast Community College, the Lincoln Public Schools and private elementary and secondary schools of Lincoln.
• Commercial shall mean as of, or pertaining to commerce; having financial profit as a primary gain. "Commercial" shall not include activities or organizations which are not-for-profit.
• Adult shall mean any person 19 years of age or older.

II. GENERAL REQUIREMENTS FOR SHOW PRESENTATION

• 2.1   All producers and persons desiring to have material played over the access channels must complete the proper application forms, present proof of a Lincoln street address and proof of required permissions, such as copyrights, etc.



• 2.2   Shows in 30-minute and 60-minute formats are encouraged for public access. Shows in multiples of 15-minute formats are encouraged for G/E access.



• 2.3   All shows must be in videotape format for cablecasting.

III. COPYRIGHT

• 3.1

  (a) Programs containing copyrighted materials will not be cablecast without proper copyright authorization at the time of application. Producers submitting programs for cablecast are responsible for obtaining all necessary copyright clearance or talent releases and shall hold Time Warner Cable and the City of Lincoln harmless in any case of any infringement.

  (b) Producers who become involved in copyright disputes which ultimately cause damages to either Time Warner Cable or the City of Lincoln shall be denied the use of access facilities and equipment until voluntary reimbursement for such damages is made.

• 3.2   Users of public access equipment or facilities retain ownership rights to programs they produce. Users may register and establish a copyright at their discretion.



• 3.3   Copyright for creative properties (original scripts or plays, music, art work, etc.) shall accrue to the owner/creator of the property.



• 3.4   Users of access equipment and facilities may use in their programs a music library located at Time Warner Cable should one be provided by the City. However, if such music is used, the program may be used only on the local access channel. Any other distribution, such as cassette duplication, use on other cable systems, broadcast, etc., is strictly prohibited by the license agreement with the music library company. Violations of this rule may subject the violator to federal copyrightinfringement litigation.

IV. CONDUCT ON PREMISES

• 4.1   No food, beverages, or smoking shall be allowed within the production areas.



• 4.2   All users shall be prohibited from using the access channels and facilities if under the influence of alcohol or drugs, or otherwise not under full control of his or her senses, or if exhibiting disruptive or abusive behavior.



• 4.3   Users are responsible for providing all props or materials for a given program production. No flammable, caustic, toxic or explosive substances, alcoholic beverages or firearms are allowed in the studio. All uses of special effects must be approved in advance by the Public access Coordinator. Live animals, weapons, and other potentially dangerous items must be approved in advance by the Access Coordinators.

VI. PUBLIC INSPECTION OF RECORDS

• 6.1   Time Warner Cable shall maintain a complete record of the names, street addresses, and phone numbers of all persons requesting use of the appropriate access equipment or facilities. This record shall be made available to the public during the regular business hours. All records of requests for access time shall be kept for a minimum of two years.



• 6.2   Use of cablecasting equipment and channel time shall not be made available to any person who refuses to have his/her or its identity, street address and phone number maintained in the record and available for public inspection as required by this section.



• 6.4   Time Warner Cable shall retain the following records for a period of two years from the time they are received or completed:

  (a) Producer liability agreements; and

  (b) Program schedule.

• 6.5   Videotapes of public meetings of governmental bodies are not considered an official record of meetings and there shall be no liability for inadvertent erasures or omissions.

VII. REPORTS TO ADVISORY BOARD

• 7.1   The Access Coordinators shall monthly submit to the Cable Television Advisory Board the following statistics:
• Access channel cablecasting.

  (1) Total hours scheduled.
    (i) Hours of new programming.
  (2) Number of separate and distinct groups or individuals.
    (i) Number of first time users.

• Use of studio.

  (1) Total time blocks scheduled/number of separate and distinct groups or individuals.

• Live cablecasting from access studio, Pershing Auditorium and Bennett Martin Public Library.
• Total time blocks scheduled/number of separate and distinct groups or individuals for each facility.
• Use of editing facilities.

(1) Total time blocks scheduled/number of separate and distinct groups or individuals.
  (i) Three-quarter inch editing.
  (ii) Half-inch editing.

• Workshops conducted.

  (1) Number of workshops.
  (2) Number of persons trained.

VIII. AUDIO BACKGROUND ON ACCESS CHANNELS

• 8.1   The City may elect to use radio broadcasts as audio background providers for any of the access channels.



• 8.2   Audio background providers shall be limited to non-profit or educational broadcast stations with 501(c)(3) status which are licensed by the FCC.



• 8.3   Audio background providers shall be required to deliver to Time Warner Cable's principal head end a signal of good quality.



• 8.4   Audio background providers shall not be subject to the advertising and solicitation restrictions of the Program Content sections of Chapter Two and Three.