Additional Public Access Provisions
- 1.1 The public access channel shall be made available to any member of the
public residing in the franchise area on a nondiscriminatory basis with
priority to local access production at no charge for channel or equipment
use. Such use of public access programming shall be made available
consistent with the goal of affording users a low-cost means of television
access.
- 2.1
(a) All individuals desiring to use access should be familiar with the
guidelines for production, procedure, scheduling, etc. Everyone using
access equipment must take the public access training at least once
to become familiar with access guidelines, procedures, and regulations.
Appropriate testing designed to indicate familiarity with public access
procedures, video terminology, and basic equipment use must be taken
and passed before access to equipment.
(b) A public access production training class will be presented monthly at
the access studio with specialized training in audio, switcher, editing, lighting, and remote
equipment arranged upon request.
(c) Cable Television Advisory Board shall oversee and approve all public access
training and testing.
(d) A certified user is an individual who has completed the public access
training and the appropriate test. Certification is valid for one year from the date of approval and
may be renewed annually if the individual produces at least one
show during the previous year that appears on the public access channel.
Certification qualifies user to use remote, studio, and/or editing equipment. If certification lapses,
to maintain eligibility the person must retake the appropriate
test or retake the training class or demonstrate appropriate skills to
access coordination.
(e) Certification on public access equipment will not allow a user to operate
the government access equipment and vice versa.
- 2.3
(a) The Public Access Coordinator is responsible for providing all users
with guidelines for use of current studio and remote equipment being used, including a checklist of procedural steps,
a general checklist for use of the studio, and a checklist for each specific piece of equipment. Complete operating
instructions shall be made available for all equipment at all access sites for reference or checkout.
(b) At no time should a public access user present themselves as an employee
of Lincoln Time Warner Cable.
- 3.1 The videotape of each program must be delivered to the Public Access
Coordinator for previewing at least two business days in advance of the scheduled showing.
- 3.2 Users under the age of 19 years of age must: (1) if using the studio, have
at least one adult present at all times; and (2)have a release form co-signed by a parent or guardian or other financially
responsible adult stating that he or she will accept responsibility for any damage to the equipment or facilities.
- 3.3 All applications for channel time from users who have not scheduled a show
in the last year must be delivered to the Public Access Coordinator at least 30 days in advance of the requested showing date.
Other applications shall be reviewed on a first come-first served basis. Such application shall include a brief
description of the show for promotional purposes and viewer information.
- 3.4
(a) All videotapes shall record video black from the beginning of the tape
to the beginning of the program and for 5 minutes after the end of the program.
(b) All programs shall begin not sooner than 15 seconds and not later than
60 seconds from the start of the tape.
(c) All videotapes must be rewound to the beginning when delivered to Time
Warner Cable for cablecast.
(d) All videotapes submitted for cablecast shall accurately indicate the
length of the program on the label.
- 4.1 At the time reservations for cablecasting are made, programs shall be
determined to be one of the following types: either
a series or a special or a live production; and either a local or imported program.
(a) Series - Programs scheduled on a weekly, bi-weekly, monthly or regular
basis. To qualify as a series, a new episode of similar length must be produced at least once a month.
(b) Specials - Programs produced or scheduled on a one-time or occasional basis.
(c) Live Productions - Shows originating from the access studio, Pershing
Auditorium, or Bennett Martin Public Library (See B, Art. VI) and cablecast at the moment of production.
(d) Local Programs - 50% or more of the material in the production must be
material produced in Lincoln.
(e) Imported Programs - Over 50% of material in the production has been
produced outside Lincoln.
- 4.2 Series may be scheduled if they comply with the following:
(a) When making application for channel time, a series producer shall attach
a presentation schedule to his/her application.
(b) Local series may be scheduled at regular intervals for a maximum of six
(6) months at one time and may be guaranteed time slots if done in accordance with Section 4.3
(c) Imported series may be scheduled for a maximum of three (3) months at one
time. The same time slot can be renewed unless a previous request for the time slot has been made.
(d) Failure to produce a new episode in the series shall result in loss of
the remainder of scheduled time.
- 4.3 Each local producer is guaranteed up to one hour of channel time per week.
Additional requests for channel time shall be allocated by the following priorities:
| First |
New local producers |
| Second |
Local specials |
| Third |
New Local programming scheduled for its first play |
| Fourth |
Repeats of local programming |
| Fifth |
Imported |
- The guaranteed time slot must be designated on the application form. A thirty-day
notice shall be mailed to pre-empted producers/sponsors.
- 4.4 Imported programs must have a local sponsor, or they will not be scheduled
for cablecast.
- 5.1 The hours of cablecasting over the public access channels shall be 6:00 p.m.
to 1:00 a.m. daily. On Time Warner Cable holidays, cablecasting hours are subject to
availability of Time Warner Cable personnel.
- 5.2 Except as provided in Article IV., allocations of channel time shall be
made on a first-come, first-serve, nondiscriminatory basis.
(a) After the same program has aired six (6) times, no further requests for
channel time will be honored. A program will be defined as being the same if 50% or more the program is identical.
- 5.3 Time allocations shall be non-assignable.
- 5.4 The Public Access Coordinator shall maintain a continuing three-month access
channel use schedule for public viewing.
- 5.5 The City will interrupt access programming to cablecast an audio and/or video
message on all channels simultaneously in the event of a disaster or public emergency.
- 5.6 If a significant portion of a program cannot be played for any reason, the
user shall be notified and offered an alternative date and time for cablecasting his/her program.
- 5.7 When no applications have been submitted for a time slot 30 days prior to
a viewing date, the Public access Coordinator may make use of the time by repeating any program for which Time Warner
Cable has received such permission from the producer, or by cablecasting any other program which does not violate the
program content limitations of Article VIII.
- 6.1 Time Warner Cable shall make available the facilities and equipment contained
in Attachment "C" of the franchise agreement for use in the production of programming to be carried on the public
and education access channels. Such Attachment "C" is made a part of these rules. If the production facilities
and equipment are not reserved, the company may use the studio and equipment during those times for it's own purposes.
- 6.2 The production facilities and equipment may be used by public access producers
only for the purpose of making a program to be carried on the access channels. Programming material and copies thereof
which are produced using such facilities and equipment shall not subsequently be distributed for profit without the
express written permission of Time Warner Cable. In addition, a public access producer may not receive personal profit or
remuneration when using the facilities and equipment.
- 6.3
(a) Studio and editing facilities shall be available according to the following schedule:
ACCESS STUDIO
| Studio Time Blocks during the following hours if scheduled by noon Wednesday |
| Thursday and Friday |
9:00 a.m. to 12:00 noon |
| Monday through Friday |
6:00 p.m. to 10:00 p.m. |
| Saturday and Sunday |
9:00 a.m. to 5:00 p.m. |
| Editing Time Blocks during the following hours if scheduled by noon Wednesday |
| Monday through Friday |
9:00 a.m. to 12:00 noon
1:00 p.m. to 5:00 p.m.
6:00 p.m. to 10:00 p.m. |
| Saturday and Sunday |
9:00 a.m. to 5:00 p.m. |
(b) Evening studio time shall include an additional half hour for striking the set and wrap-up.
(c) Studio time blocks shall be reserved for access users. If studio time blocks are not reserved a
week in advance, the company may use the studio and equipment during those time blocks.
(d) Weekend evening editing and studio time blocks may be scheduled subject to availability of studio personnel.
B. Pershing Auditorium and Bennett Martin Public Library Productions
- 6.4
(a) Pershing Auditorium (Pershing) and Bennett Martin Public Library (BMPL)
are available for live cablecasting provided the area requested is available.
(b) Video taping and live cablecasting at Pershing and BMPL are permitted with
prior approval of Pershing or BMPL and the group which is scheduled in the facility. Productions
too large to be accommodated in the public access studio are also permitted.
(c) Reservations for use of space within Pershing and BMPL shall be made with
the Library Director or the Pershing Auditorium Manager.
(i) Users must adhere to all building regulations for general community usage as set by the respective boards, including the payment of fees or other charges.
(ii) BMPL requires the completion of an application form which also states the current meeting room regulations.
(d) No fees for use of any portion of the building shall be charged for taping
or live cablecasting in conjunction with any event for which the space rental fee has already been
paid by another group. Extra services other than space, required
by the Public Access Producer and not paid for by any group, shall be the
responsibility of the Public Access Producer.
(e) Rule 6.2 pertaining to public access studio usage shall apply to Pershing and BMPL.
(f) Reservations for necessary equipment and cablecasting time shall be made with the Public access Coordinator. All
access rules pertaining to reservations and cablecasting shall apply.
(g) Time Warner Cable may deny an equipment reservation, if, in the opinion of the Public Access Coordinator, a
proposed live cablecast would be more appropriately produced in the public access studio. A denial may be appealed to the Cable Television
Advisory Board.
(h) Anyone making a reservation pursuant to Section 6.4 must be a certified
public access user. For live cablecasting, the user must be certified and have produced a minimum of three (3) aped
studio programs in the past six months.
(I) Any interconnect into the cable system will be performed by Time Warner Cable personnel.
(j) Time Warner Cable will terminate the transmission of any live program that violates content rules.
C. Reservations, Renewals, Cancellations.
- 6.5 General Information
(a) Equipment, studio facilities, and editing facilities may be reserved on a
first-come, first-serve basis either in person or by telephone.
(b) All reservations for the equipment or other facilities shall be maintained
by the Public Access Coordinator for public viewing during business hours.
(c) At the time reservations are made, persons reserving studio time must notify
the Public Access Coordinator of the approximate number of people who will be in the production facilities at
any one time. Reservations for studio time require a crew of two (2) people minimum, including on camera talent.
(d) Prior to using the studio or checking out remote equipment, producers will
submit a plan listing production needs, show outline, crew members, and talent.
(e) Due to space limitations, no sets or props may be stored at production facilities.
(f) Failure to schedule editing time or submit a program for cablecasting within
four (4) weeks following the use of remote/studio equipment shall result in the denial of future requests to
use remote/studio equipment until editing has begun or a program has been submitted for showing.
- 6.6 Remote equipment.
(a) Remote equipment may be checked out for one 24-hour period at a time, except
weekends when equipment may be scheduled for a maximum of 48 hours.
(b) If the remote equipment has not been reserved by another user one hour before
it is scheduled to be returned, the prior user may renew the reservation for an additional 24 hours.
(c) The remote equipment shall be used within the franchise area or within a
reasonable distance thereof as determined by the Cable Television Advisory Board or its designee.
(d) The remote equipment for public access may only be picked up or checked out
during the following hours: Monday through Friday, 8:30 a.m. to 5:00 p.m.; and Saturday and Sunday, 1:00 p.m.
to 5:00 p.m. if scheduled by noon Wednesday.
(e) When remote equipment is returned, all loaned tapes must also be returned
and checked in. The access user is responsible for labeling such tapes with (I) user's name, (ii) date returned,
and (iii) notation on label "Hold for Editing". Tapes will be held by Time Warner Cable for a maximum of 30 days.
- 6.7 Editing equipment
(a) A user may not schedule in advance more than two (2) editing time blocks
per week. Three (3) days prior to any editing time block, unreserved time shall be reserved on an unrestricted basis.
- 6.8 If a Public Access Producer fails to appear within 30 minutes after the
reservation time specified, the equipment may then be assigned to someone else.
- 6.9 Equipment reservations must be canceled at least 24 hours in advance to avoid a penalty.
D. Repairs, damages, and complaints.
- 6.11 The user assumes full responsibility for any damage to equipment or production facilities. User shall agree as a condition
to use, to indemnify and reimburse Time Warner Cable for all damage to equipment and facilities caused by neglect,
abuse, theft, or other calamity, ordinary wear and tear excepted, which occurs while such equipment or facilities are
assigned to the user.
- 6.12 If a piece of equipment malfunctions, the Public Access producer shall notify
a member of the studio staff as soon as
possible. Under no circumstances shall the Public Access producer attempt to
repair or continue to use the equipment.
- 6.13 An equipment/facility complaint form, in a multiple part format shall be
provided to all public access equipment and facilities
users for each scheduled time period. One part shall be sent to the Time Warner
Cable manager. The second part shall
be sent to the Cable Television Advisory Board in care of the Citizen Information
Center.
- 6.14 Users of remote equipment shall be asked to set up equipment and tape a small
segment before checkout. Equipment shall again be set up and operated by users when returned.
- 6.15 It is the responsibility of the individual who borrows equipment to verify
its operational condition at the time of checkout.
- 7.1
(a) The Public Access Coordinator shall make 3/4 inch working tapes available.
Three 18-minute and two 60-minute tapes may be loaned for any one program, one of which may be used as the
master tape. The loan tapes are the property of Time Warner Cable.
(b) Loaned tapes must be turned in after each editing, studio and remote camera
reservation. The Public Access producer is responsible for labeling such tapes with (I) producer's name, (ii) date
returned, and (iii) notation on label "Hold for Editing". Tapes will be held by Time Warner Cable for a maximum of 30 days.
Tapes not returned will be billed to the producer or sponsoring organization.
(c) The master tape containing the completed program may be purchased from Time
Warner Cable. Otherwise, producers should furnish their own tapes for final production if the individual or
organization wishes to retain the taped program.
- 7.2 A user may make one copy of his/her master tape on his/her own tape using
public access equipment, providing the master tape has been scheduled to be cablecast at least once on the access channel.
- 7.3 All tapes submitted for cablecasting must be labeled with the following information:
(a) First airing date;
(b) Title and/or series number;
(c) Running time; and
(d) Producer's name, address and phone number.
- 7.4 A Public Access producer's program may not be duplicated for anyone other than the producer without his/her written
permission, except that the Public access Coordinator and/or City may copy and review programs to determine compliance
with these rules.
- 7.5 Video and audio on the public access channel may not, at times, be up to the
standards acceptable for broadcast and other cable services. If, after viewing a tape with all the available electronic
enhancement, the Public access Coordinator judges the tape to be of such poor technical quality that it appears to be a scrambled
signal or that Time Warner Cable is experiencing technical problems, the producer of the program will be called
in for a consultation on whether the tape should play. If such a tape is then cablecast, a disclaimer will accompany the program.
- 8.1 The company shall not censor or exercise any control over program content on
the access channel with the exception of material contained in 8.2.
- 8.2
(a) The public access channel shall not be used to advertise or promote the
commercial sale of products or services. Description or praise of a product, service, business, or person which
encourages purchase, trade, or business is not permitted. Intentionally showing business or product names, logos and
other symbols specifically for commercial promotion is prohibited. Presentations by or on behalf of candidates
for public office shall be allowed for the four weeks prior to any election. All other access rules shall apply.
(b) Obscene material is prohibited.
(I) Materials shall be obscene when: (a) the average person, applying
contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
or a shameful or morbid interest in nudity, sex, or excretion; (b) the work, material, conduct, or live performance
depicts or describes in a patently offensive way, sexual conduct specifically set out in State law; and (c) the work,
conduct, material, or live performance taken as a whole, lacks serious literary, artistic, political, or scientific value.
(ii) If the Cable Television Advisory Board determines a program is obscene,
it may request that the City pursue criminal penalties and/or injunctive relief against the producer.
(c) Indecent material may only be cablecast from Midnight to 1:00 a.m.
(I) Materials shall be indecent when they depict or describe, in terms patently
offensive as measured by contemporary community standards, sexual or excretory activities or organs.
(d) Any advertisement of or information concerning any lottery, gift enterprise, or similar scheme is prohibited.
(e) The public access channel shall not be used for solicitation or fund raising of any kind.
- 8.3
(a) If the Public Access Coordinator feels a tape may be in violation of
the access rules, the tape may be submitted to the Cable Television Advisory Board.
(b) If the possible violation can be corrected by editing or review is made
unnecessary by rescheduling, the producer may elect to edit or reschedule the tape so it can be aired without delay.
(c) The Public Access Coordinator shall submit the tape with a list of possible
violations for review by the Cable Television Advisory Board at its next regularly scheduled meeting.
(d) The affected producer shall be invited to attend the Cable Television
Advisory Board meeting at which his/her tape is being reviewed to make whatever presentation or argument he or she desires.
(e) Such tape shall not be cablecast until the Board has reviewed it.
- 8.4 The company is permitted to use a legal disclaimer in connection with the
airing of any program.
- 8.5 Time Warner Cable shall place the name of the individual applying for channel time and an address or phone number
within the franchise area at which the person can be contacted before and after each program.
- 9.1 The rules pertaining to the Community Information Service (CIC) apply only
to the placement of text messages on Community Information Channel and do not apply to video productions.
- 9.2
(a) The purpose of CIC is to announce events, activities, meetings or public
service information. Announcements must be provided by legally recognized non-profit organizations based in
Lancaster County.
(b) The Lincoln Conventions Bureau & Pershing Auditorium shall be allowed to
place announcements noting events, attractions or conventions, even though some of these announcements may be
commercial in nature.
- 9.3
(a) Community announcements should be sent to the Citizen Information Center,
555 S. 10th, Suite 208, Lincoln, NE 68508.
(b) Announcements must be submitted for approval on the required forms at least
two weeks in advance of the intended cablecast date. Announcements may be placed and removed at the discretion
of the Citizen Information Center.
(c) Messages may be aired for a maximum 30 days with at least 10 days between
messages of the same intent or nature, from the same organization.
(d) The Citizen Information Center may edit announcements to provide for clarity
and to maximize the use of space.
(e) Messages placed on the channel must contain the name and telephone number
of the organization placing the announcement.
(f) Message forms containing the name of the organization, the name of the
individual submitting the message, and a telephone number shall be kept on file for 30 days after the announcement
has been taken off the system. These records are available for review by the public.
- 9.4
(a) Events and activities announced on the channel must be open to the general public.
(b) Events which are open to the public and are intended to raise funds for a non-profit organization may be placed on
the channel. The message must indicate if admission is charged.
(c) CIC may not be used to advertise or promote the commercial sale of goods or services; to solicit donations; or to
praise a product, service, business, or person.
(d) Any advertisement of or information concerning any lottery, gift enterprise, or similar scheme is prohibited.
(e) The public access community information service channel shall not be used for messages of a religious nature,
including the times of regularly scheduled or special worship services. However, religious organizations may announce
other events or activities which are open to the general public.
(f) Announcements for employment are not permitted.
(g) Announcements requesting volunteers for agency activities will be permitted.
(h) All events and activities announced on the channel must be held within the service area of Time Warner Cable.
(i) Announcements which promote/oppose candidates for office or ballot issues are prohibited.
(j) CIC shall not be used to advertise or promote enrollment in schools, colleges or universities for which a fee or tuition
is charged to gain admittance.
(k) Announcements concerning an emergency in the City of Lincoln shall have priority over all other announcements.
- 9.5 The City of Lincoln shall not be liable for the inaccuracy of information on the channel.
- 10.1 A bulletin board to facilitate public access dialogue between users/ producers
shall be provided in the production area at Time Warner Cable.
(a) The schedules for the production facility and channel use shall be maintained for public viewing during business hours.
(b) User/producer messages may be posted as follows:
(1) Messages shall be no larger than 8 1/2 inches by 11 inches.
(2) All messages must contain a posting date and an expiration date.
(3) Messages shall be removed on expiration date.
- 10.2 The Public Access Coordinator will submit notice of scheduled access programs to appropriate media for listing when
provided by the user. All producers are encouraged to regularly provide the coordinator with highlights of their show
so that they can be publicized more effectively.
- 10.4 Any public access user who is dissatisfied with the administration, enforcement, or company decisions regarding these
rules, may submit such matter to the Cable Television Advisory Board. The Cable Television Advisory Board shall
consider such complaints at their next regularly scheduled meeting.
- 10.5 Failure to comply with these rules may result in the denial or cancellation of further access. An outline of the Access
Coordinator's penalties or penalty policy shall be attached to these rules. Whenever a penalty is imposed, the Public
Access Coordinator shall report the violation and penalty to the Cable
Television Advisory Board at their next monthly meeting.
- 10.6 The rules governing the public access channel shall be reviewed annually by the Cable Television Advisory Board and Time Warner Cable.
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Citizen Information Center