Additional Government/Educational Access Provisions

I. PREAMBLE

• 1.1   The government access channel shall be made available to agencies of federal, state, county and city government, and other units of local government located within the service area of Lincoln. The objectives of the government channel are:

  (a) To provide public service information to the citizens of Lincoln;

  (b) To increase awareness of the activities and deliberations of governmental, legislative and advisory bodies;

  (c) To increase citizen knowledge of the various functions and responsibilities of governmental agencies;

  (d) To help and encourage participation in program services to the maximum extent possible

  (e) To enhance training in internal communications opportunities for government employees.

• 1.2   The educational access channel shall be made available to any non-profit school, college, or university, located within the city franchise area of Time Warner Cable.



• 1.3   The objectives of the educational access channel are the following:

  (a) To provide a community awareness and develop an understanding of the diverse and considerable educational activities on-going within the service area.

  (b) To encourage and assist the educational community within the service area to define and expand their continuing role of leadership. (Include public service spots within the program.)

  (c) To exist as a confluence of the many individual institutions and provide further avenues of cooperation toward a common educational good.

  (d) To provide a platform on which to expand the various existing curriculums into the greater community as continuing educational opportunities.

  (e) To enhance and expand the opportunity for developing television production skills in a technically-oriented world.

II. TRAINING AND CERTIFICATION OF GOVERNMENT/EDUCATION USERS

• 2.1   All individuals desiring to use G/E access should be familiar with the guidelines for production, procedure, scheduling, etc. Everyone using G/E access, with exceptions as covered in 2.4(b), must take the access training to become familiar with access guidelines, procedures, and regulations.



• 2.2

  (a) The G/E Access Coordinator will develop training programs to meet certification requirements for government and educational access.

  (b) The frequency of classes for G/E access training will be determined by demand.

• 2.3   Successful completion of a training course will result in certification at the following levels:




Certification Level	Prerequisite	Skill Required for Cert.
Portapak/ Camera	None	Capability to reserve and use portable equipment for remote, single-camera taping. Capability to operate studio camera.
Audio	None	Capability to reserve and use audio equipment.
Editing	None	Capability to reserve and use editing facilities.
Studio	Protapak/Camera and editing cert. And experience as crew member for at least two studio productions.	Capability to reserve and use editing studio facilities for program production.
Remote Truck	Portapak/Camera and editing studio cert. Direction of at least two productions.	Capability to reserve and use the remote truck for multi-camera remote productions.



• 2.4

  (a) Training is open to all employees of eligible agencies, following approval of the governmental/educational agency director. Volunteers and students who participate in producing G/E programs must hold appropriate certification. It is the responsibility of the producing agency to determine that all production participants hold appropriate certification.

  (b) Persons demonstrating proficiency at the various levels of certification may not be required to complete training programs. Proficiency will be demonstrated to and judged by the G/E Access Coordinator.

  (c) Certification on G/E access equipment will not allow a user to operate the public access equipment and vice-versa.

• 2.5   Annual recertification is required but persons having at least 15 hours of production time during the previous year may be automatically recertified at the appropriate level. Persons not meeting this criterion may gain recertification through demonstration of proficiency or additional training.



• 2.6   The G/E 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.

III. GENERAL REQUIREMENTS FOR SHOW PRESENTATION

• 3.1   Volunteers or students may participate in government or education program productions. If a volunteer or student is participating in the government or education productions, an employee of the user agency must be present during studio production or editing sessions. Field taping equipment must be checked out by an employee of a listed agency.



• 3.2

  (a) Agencies and educational institutions desiring to use the G/E access studio must request that they be placed on a list of approved agencies. The initial listing must be requested over the signature of the chief administrative officer of the agency. The listing must be filed with the G/E Access Coordinator.

  (b) Subsequent approval of training and production projects and personnel may, at the discretion of the user agency, be delegated to the heads of appropriate departments or divisions of the user agency, provided a list of such authorized personnel is filed with the G/E Access Coordinator.

• 3.3   Government and Educational agencies may sponsor programs by meeting the following criteria. Failure to comply with these rules may result in the denial or cancellation of the program for cablecast.

(a) The sponsoring agency should have a direct role in developing program content and/or approve content prior to production.

(b) The sponsoring agency must provide written approval of sponsorship prior to cablecast.

(c) Program content must be directly related to the mission, responsibilities, or functions of the sponsoring agency.

(d) Governmental and Educational agencies shall not sponsor programs which have no relationship, or are only indirectly related to the agency and its mission.

• There shall be no editorial control over programs on the access channels except to determine compliance with these rules. The Citizen Information Center shall have the right to deny or cancel programs based on noncompliance with government/education access rules.

IV. ALLOCATION OF CHANNEL TIME

• 4.1   The hours of cablecasting over the (govern-ment/education) access channels shall be 9:00 a.m. to 1:00 a.m. daily, and on Time Warner Cable holidays, subject to availability of Time Warner Cable personnel.



• 4.2   Allocations of channel time shall be made on a first-come, first-serve basis with discretional priority, as provided in Article V. A program may be scheduled for no more than one showing a calendar week in prime time hours, which are between 6:00 p.m. and 10:00 p.m., and no more than three showings a calendar week in non-prime time. More showings may be scheduled in time blocks which have not been reserved one month prior to the viewing date.



• 4.3   If requests are made for more than one showing in a week, the producer shall establish a numerical priority for the second through fourth time choices. New programs may preempt second through fourth time choices when heavy scheduling demand occurs. Such preemption shall occur only if the new program time request is made one month or more before the viewing date. The preempted producer shall be advised within two business days of such preemption.



• 4.4   No first program playback in either prime time or non-prime time scheduled properly in advance may be preempted without permission of the preempted show's producer, and no preemptions of any kind shall occur within the time period one month prior to the viewing date, except as described in Article V.



• 4.5   Time allocations shall be nonassignable.



• 4.6   The G/E Access Coordinator shall post an advance three-month access channel use schedule, so individuals can see time available.



• 4.7   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.



• 4.8   If a significant portion of a program cannot be played for any reason, the user shall be notified and offered alternative dates and times for cablecasting his/her program.



• 4.9   When no reservations for time blocks have been made ten days prior to the viewing date, the G/E Access Coordinator may make use of the time by scheduling any program for which they have received permission or by cablecasting any other program which does not violate the program content limitations of Article VIII. Program Content.

V. RESERVATIONS FOR CABLECASTING BY PRIORITY AND TYPES OF PRODUCERS

• 5.1   When heavy scheduling demands occur, the G/E Access Coordinator shall have discretion to prioritize reservations according to the following hierarchy:

  (a)	First	Emergency events (live).
  (b)	Second	Live coverage of events of a timely nature, e.g., public meetings, hearings, etc.
  (c)	Third	Live or taped programming from a series or course for which formal educational credit is awarded and in which students are enrolled.
  (d)	Fourth	Live coverage of events which do not necessarily exhibit a primary element of timeliness.
  (e)	Fifth	A series of programs, either live or on tape, which is regularly scheduled for a period of time and made up of a large number of individual programs (vs. shorter series).
  (f)	Sixth	Programming produced locally (vs. imported).
  (g)	Seventh	Programming scheduled for its first play (vs. repeats).
  (h)	Eighth	New requests for a given block, i.e., day and time (vs. continuing requests).
  (i)	Ninth	Requests received earliest.

VI. G/E PRODUCTION FACILITIES AND EQUIPMENT

A. General Information.

• 6.1   Certain production facilities and equipment may be used by producers, only for the purpose of making a program to be carried on the G/E access channel. 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 the City of Lincoln.



• 6.2

  (a) Studio and editing facilities shall be available on a first come-first served basis.

  (b) Editing and studio time blocks may be scheduled on weekend evenings subject to availability of studio personnel.

B. Reservations, Renewals, Cancellations.

• 6.3   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 posted by the G/E Access Coordinator.

  (c) A program proposal form must be submitted to the G/E Access Coordinator at least two weeks, but no more than three months, before the desired production date. This proposal form will include production needs, show outline and number of crew members and talent. Tentative studio reservations will be lost if a program proposal is not submitted two weeks in advance.

  (d) The studio will normally be reserved at least two weeks in advance for no more than one continuous four-hour block. After the two-week deadline, further blocks may be scheduled through the G/E Access Coordinator, if time is available. Exceptions may be granted by the G/E Access Coordinator upon written justification from the user.

  (e) Due to limitations of space, no sets or props may be stored at the production facilities.

• 6.4   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 72 hours. Exceptions to this requirement will be considered for special cases but must be brought to the attention of the G/E Access Coordinator at the time the advance request is made.

  (b) If the remote equipment has not been reserved by another user four hours before it is scheduled to be returned, the prior user may request the reservation for an additional 24 hours.

  (c) The remote equipment for G/E access may only be picked up, checked out or returned by advance arrangements with G/E Access Coordinator during the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday.

• 6.5   Remote (Television) Truck.

  (a) The truck is for programming applications which cannot be accommodated through the use of other facilities or equipment.

  (b) The truck can be reserved by contacting the Citizen Information Center at least two weeks, but no more than three months, before the desired date. The request must be accompanied by a program proposal. Permission may be denied, if studio or portable equipment is a more suitable means for production.

  (c) The truck may be reserved for no more than 24 hours during one week. Exceptions may be granted by the Citizen Information Center. The truck may not be driven out of Lancaster County without the permission of the Citizen Information Center.

  (d) A user must also provide to the Citizen Information Center, at least three days prior to usage, satisfactory assurances that these arrangements have been made:
  

  (1) Parking permits and parking space for the truck has been obtained.

  (2) Safe, environmentally protected work areas have been secured for the crew and equipment.

  (3) Written permission for the use of the production location has been obtained, unless it is under the management of the user agency.

  (4) All necessary power required for production is available on the proposed site.

• 6.6   Editing Equipment. A user may not schedule in advance more than two editing time blocks of four continuous hours per week during prime editing time. Prime editing time shall mean the hours between 6:00 p.m. and 10:00 p.m. weekdays, and all of Saturday. Six days prior to any editing time block, unreserved time shall be scheduled on an unrestricted basis.



• 6.7   Failure to Schedule.

  (a) If a producer fails to appear within an hour after the reservation time specified, the equipment may then be assigned to someone else.

  (b) Equipment reservations must be canceled at least 24 hours in advance to avoid a penalty.

C. Repairs, Damages and Complaints.

• 6.8   The user agency assumes full responsibility for any damage to equipment or production facilities. User agency shall agree, as a condition to use, to indemnification and reimbursement for all damage to equipment and facilities caused by neglect, abuse, theft, or other calamity, which occurs while such equipment or facilities are assigned to the user agency. Ordinary wear and tear are not cause for recourse.



• 6.9   If a piece of equipment malfunctions, the producer shall notify the G/E Access Coordinator as soon as possible. Under no circumstances shall the producer attempt to repair the equipment.



• 6.10   An equipment/facility complaint form, in a multiple part format shall be made available to all access equipment and facilities users for each scheduled time period. One part shall be sent to the G/E Access Coordinator. The second part shall be sent to the Cable Television Advisory Board in care of the Citizen Information Center.



• 6.11   It is the responsibility of the individual who borrows equipment to verify its operational condition at the time of checkout. The desirable procedure would include setting up equipment and taping of a short segment.

VII. TAPES

• 7.1   G/E users are responsible for providing videotapes for all production activity.



• 7.2   A user may make one copy of his/her master tape on his/her own tape using 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.
  (d) Producer's name, address and phone number.

• 7.4   A G/E producer's program may not be duplicated for anyone other than the producer without his/her written permission.



• 7.5   If, after viewing a tape with all the available electronic enhancement, the G/E 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 cablecast, a disclaimer will accompany the program.

VIII. PROGRAM CONTENT

• 8.1   There shall be no editorial control over programs on the access channels except to determine compliance with these rules. The Citizen Information Center shall have the right to deny or cancel programs based on noncompliance with government/education access rules.



• 8.2

  (a) The access channel shall not be used to advertise or promote the sale of products or services or enrollment in credit or non-credit courses. 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. All other access rules shall apply.

  (b) Obscene or indecent material is prohibited.

  (c) Any advertisement of or information concerning any lottery, gift enterprise, or similar scheme is prohibited.

  (d) The access channel shall not be used for solicitation or fund raising for non-governmental purposes.

  (e) Use of the G/E access channel or facility for any production, editing, or programming which advocates one position in connection with any ballot issue is prohibited. Use of the G/E access channel or facility for any production, editing, or programming which features or portrays a candidate which has filed for any election for public office, is prohibited, with the exception of news conferences or regularly scheduled public meetings not related to any campaign or events in which all candidates are invited

  (f) Use of the G/E access channel or facility for production, editing or programming of a religious nature is prohibited.

  (g) All uses of the G/E access facilities or staff for any production, editing, or programming of any department, office, division or governmental body shall be charged at the rates established by the Citizen Information Center.

• 8.3   All public meetings of government legislative bodies, advisory boards and commissions are authorized for cablecasting on the government access channel. All meetings cablecast shall be covered from gavel to gavel and shall not be edited or subjected to editorial comment. Editing of technical difficulties is permitted.



• 8.4   All public meetings of an educational nature are authorized for cable-casting on the educational access channel. All meetings shall be covered from gavel to gavel and shall not be edited or subjected to editorial comment. Editing due to technical difficulties is permitted.



• 8.5   If the G/E Access Coordinator feels a tape may be in violation of program content rules, the tape may be submitted to the Cable Television Advisory Board. The Cable Television Advisory Board shall review such tapes at their next regularly scheduled meeting.



• 8.6   The company is permitted to use a legal disclaimer in connection with the airing of any program.

IX. G/E INFORMATION SERVICE CHANNEL

• 9.1   The rules pertaining to the Government/Education Information Service (GEIS) apply only to the placement of text messages on the Government or Education Access Channels and do not apply to video productions.



• 9.2

  (a) The purpose of GEIS is to announce events, activities, meetings or public service information. Announcements may be provided by any government agency or by an education institution accredited by the State of Nebraska.

  (b) 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) Announcements for government agencies should be sent to the Citizen Information Center.

  (b) Announcements for educational institutions should be sent to the Government & Educational Access Coordinator, Nebraska Educational Television, Lincoln, Nebraska, or transmitted to the channel through electronic media.

  (c) 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.

  (d) Messages will be aired for a maximum 30 days. Messages of the same intent or nature from the same organization must be submitted on a new form.

  (e) The Citizen Information Center may edit announcements to provide for clarity and to maximize the use of space.

  (f) Messages placed on the channel must contain the name and/or telephone number of the agency or institution placing the announcement.

  (g) Message forms containing the name of the agency, 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, activities, meetings 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 public purposes may be placed on the channel. The message must indicate if admission is charged.

  (c) GEIS may not be used to advertise or promote the commercial sale of goods or services; to solicit donations for non-governmental purposes; 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) Announcements for specific job positions is not permitted. Information on where to apply jobs in the public sector are allowed.

  (f) Announcements requesting volunteers will be allowed provided it is a general request for volunteers.

  (g) Announcements which promote/oppose candidates for office or ballot issues are prohibited.

  (h) GEIS 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.

• 9.5   Emergency announcements shall have priority over all other announcements.



• 9.6   The City of Lincoln, the Government/Educational Access Coordinator shall not be liable for the inaccuracy of information placed on the channel.

X. MISCELLANEOUS

• 10.1   The producers and/or sponsors of each program including local sponsors of an import program shall be placed in the production credits by the user.



• 10.2   Promotion of G/E programming is the responsibility of the producing agency.



• 10.3   Any G/E user who is dissatisfied with the administration, enforcement, etc. regarding these rules, may submit such matter to the Liaison Committee and subsequent to that to the Cable Television Advisory Board.



• 10.4   Failure to comply with these rules may result in the denial or cancellation of further access. Whenever a penalty is imposed, the G/E Access Coordinator shall report the violation and penalty to the Cable Television Advisory Board at their next monthly meeting.



• 10.5   The rules governing the G/E access channel shall be reviewed annually by the Cable Television Advisory Board and the appropriate associated entity.