CITY OF VERONA ADMINISTRATIVE POLICY NO. 39 VERONA HOMETOWN ACCESS TELEVISION (VHAT-12) GUIDELINES, POLICIES AND PROCEDURES

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1 CITY OF VERONA ADMINISTRATIVE POLICY NO. 39 VERONA HOMETOWN ACCESS TELEVISION (VHAT-12) GUIDELINES, POLICIES AND PROCEDURES Approved by BTRB on October 11, 2000 Adopted by the Common Council on October 23, 2000

2 VHAT-12 City of Verona Verona Hometown Access Television Guidelines, Policies & Procedures I. Mission Statement VHAT-12 is the Government and Public Access cable access station for the City of Verona and it s residents. The principal goals of VHAT-12 are to provide a window on local government, inform and educate the citizens about local government and upcoming events in the community and to provide a place where citizens can produce and cablecast programs of local interest. II. Definitions Public Access Programming: Programming created and/or submitted by an individual or group living in the City of Verona as described in Section V Who May Participate of this document. Government Access Programming: 1. Gavel to gavel coverage of City of Verona Common Council and Plan Commission Meetings. 2. Programming done by the Communications Coordinator as directed by the City Administrator. 3. Programming supplied or produced by local or other government agencies. Broadband Telecommunications Regulatory Board (BTRB): A board appointed by the Mayor of the City of Verona that oversees all telecommunication policy and franchise agreements in the City of Verona Community Producer: A person, group, organization or other entity that conceives of the program idea, manages the production of the program, sponsors a program for cablecast on VHAT-12, uses VHAT-12 equipment or submits a Public Service Announcement. Staff Assisted Community Events Programming: An event or public service announcement produced by VHAT- 12 staff at the request of and on behalf of a Community Producer. Political Program: A program which involves the endorsement of any political candidate, party or ballot issue or participation by any political candidate or supporter for the purpose of campaigning or otherwise soliciting public support for any candidate, party or ballot issue in a political election. Public Service Announcements (PSA s): An announcement submitted by an individual or organization in the City of Verona area about an upcoming event of local interest. VHAT-12: The Government and Public Access Channel for the City of Verona operated by the City of Verona located at 111 Lincoln Street, Verona, Wisconsin, Communications Coordinator: The Communications Coordinator is an appointed, non-represented position responsible for operations of all PEG access channels. The position is also responsible for development and maintenance of the City web page. The Communications Coordinator position reports directly to the City Administrator but receives policy oversight from the Broadband Telecommunications Regulatory Board (BTRB) and VHAT-12 Governing Board. 1

3 PEG Channels: Refers to the Public, Educational or Government access channels on the cable system. III. Program Content A. Responsibilities of Community Producers Community producers are fully responsible for the content of the programs that they produce. This responsibility includes libel, defamation, copyright and any other legal accountability. Criminal prosecution and/or civil lawsuits can result from illegal use of the access channel. Applicants are responsible for insuring that programming submitted is not obscene, libelous, or otherwise prohibited by law and follows the guidelines listed in this document. VHAT-12 staff and the City of Verona employees are neither qualified nor permitted to advise producers about the legality of questionable material. 1. Prohibited Content 1. Gambling No program may promote or conduct any commercial lottery, raffle, contest or game involving prizes award in whole or in part by lot or chance. 2. Obscenity/Pornography The program may not contain material which is obscene as defined by: 1. FCC Title 47 Telecommunications Document Section and Section The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. 3. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. 4. The work, taken as a whole, lacks serious literary, artistic, political or scientific value. 3. Solicitation The program may not solicit funds or other property of value from viewers. 4. Advertising The program may not promote the sale of products or services, including prices, or promote or endorse a trade or business. 5. Products or Service The program may not discuss or show products or service made available by persons, corporation or institutions which have a commercial interest in the subject of the programs. It may, however, identify underwriters providing grants or contributions to defray the cost of programs. The identification format must be exactly like the following: THIS PROGRAM HAS BEEN MADE POSSIBLE (IN PART) BY A GRANT FROM/BY SUPPORT FROM THE (SPONSOR S FULL NAME). 2. Requirements 1. Commercial Identification The program may not promote, or make reference to any products, service, trademark or brand name in any manner, which does not in some way correlate with the message in the program on the access channel, providing grants or contributions to defray the cost of programs. 2. Misrepresentation The program may not contain any material intended to defraud the viewer or designed to obtain money by false or fraudulent pretenses, representation or promises. 3. Illegalities The program may not contain any material which constitutes libel, slander, defamation, invasion of privacy or publicity rights, unfair competition or violation of trademark or copyright or which may otherwise violate any local, state or federal law. 2

4 4. Program Disclaimer The following DISCLAIMER will appear preceding every program that is submitted for cablecast: THE VIEWPOINTS EXPRESSED IN THE FOLLOWING PROGRAM ARE NOT NECESSARILY THOSE OF VHAT-12, THE CITY OF VERONA OR ITS EMPLOYEES OR CHARTER COMMUNICATIONS. EACH PROGRAM S PRODUCER OR SPONSOR IS RESPONSIBLE FOR THE PROGRAM S CONTENT. If it is discovered that the DISCLAIMER does not appear on a program, the program will be pulled out of the cablecasting schedule and the producer will be notified. 5. Approval, Clearances Producers must obtain in writing, and be able to produce upon request, all necessary approvals, clearances, licenses, etc., for the use of any program material to be cablecast. This includes, but is not limited to, approvals by broadcasting stations, networks, sponsors, music licensing organizations, copyright owners, performers representative, and all persons featured in the program material, and any other approvals that may be necessary to transmit the program via the access channel. 6. Program Underwriting The underwriting of community access programs to defray cost is permitted on VHAT-12 provided that such underwriting does not constitute commercial exploitation of VHAT Underwriting Guidelines 1. Advertising, as defined in the content section, is not permitted. b. Corporate logos with an accompanying slogan are permitted at the opening and/or close of programming. c. Underwriters phone numbers are not permitted. d. Underwriting acknowledgments may be spoken and/or written but are limited to ten (10) seconds each at the beginning or the end of the program. e. Any mention of product or services performed is prohibited. f. The picture of the commercial establishment underwriting a program is not permitted, unless it is part of the copyrighted company or corporation logo. 8. Political Guidelines Legally qualified candidates for public office desiring to use VHAT-12 for political programming must adhere to the following: a. For municipal, state and county offices, material is cablecast after the last official deadline for filing papers has passed, and ending at 6:00 pm the day before the election. 1. For federal offices, the material is cablecast beginning six months before the election and ending at 6:00 pm the day before the election. 2. The minimum length of a political program in which a candidate appears is five minutes. 3. The total amount of time allotted to any one candidate for public office to appear on VHAT-12 in a political program is one hour per month, excluding panel discussions, candidate forums or scheduled governmental meetings that may be covered by VHAT Candidates may appear in other programming on VHAT-12 provided their roll in the program is incidental. Elected officials may appear in other programming provided that the appearance is part of their elected duty. 5. The City of Verona will provide information on VHAT-12 on any ballot issue if 3

5 initiated and approved in advance by the City Council. Any individual or group with an opposing viewpoint may produce a rebuttal program in accordance with the VHAT-12 Guidelines. That program will then be aired on VHAT-12. For example: The City of Verona Common Council votes to hold a referendum and staff produces a video describing the details of the referendum. A group is formed to oppose the passage of the referendum. The group checks out equipment from VHAT-12 and produces a program explaining their point of view. The program is then cablecast on VHAT-12. IV. Program Scheduling 1. Below is a priority of program scheduling, including but not limited to the items listed: 1. Highest Priority Programming: Programming of an emergency nature involving public health or safety. Programming of LIVE Common Council & Plan Commission Meetings. Programming of other LIVE events such as candidate forums and election results. 2. High Priority Programming: Replay of government meetings. Cablecast of VHAT-12 produced programming. 3. Priority Programming Locally Produced Programming. Satellite Programming 4. Medium Priority Imported/Locally Sponsored Programming. 5. Low Priority Computer Bulletin Board Display. 2. All community producers are required to complete a Cablecast Application & Agreement Form prior to submitting each program for the VHAT-12 cablecast schedule. All programming must be submitted to VHAT-12 or cleared for scheduling at least three (3) weeks before cablecast so that a schedule of programming can be submitted to the Verona Press for publication. 3. The Communications Coordinator is responsible for coordinating the scheduling of VHAT-12 programming. Scheduling will be on a first-come, first-served basis keeping the priorities listed above. 4. Series Programming: In many situations community producers are producing programs in a series. Once a community producer completes six (6) shows in a series, they will qualify for a regular timeslot on the channel. Producers may select any available time from the existing schedule on a first-come, first serve basis. Producers will continue to hold this timeslot until any of the following occurs: 1. The producer chooses to discontinue producing a program, (shown by not submitting a new program after three weeks), 2. The producer decides to change the timeslot to a different time 3. A regular timeslot change occurs when there is a clearing of the boards. (See Clearing of Boards below). Community producers have the responsibility to contact VHAT-12 to notify them of any series changes. VHAT-12 staff reserves the right to replace series programming that have not scheduled new programs after three weeks. 4

6 5. Clearing the Boards: To ensure fair and equitable access for all community producers, whenever needed, VHAT-12 staff will conduct a Clearing of the Boards. This exercise clears the program schedule of all community-produced regular timeslots, and allows all producers to reschedule new or existing times on a lottery basis. Once scheduled, the new timeslots will remain until VHAT-12 staff determines there is enough demand to conduct another Clearing of the Boards. 6. VHAT-12 requires that all tapes submitted for cablecast must be turned in by 10:00am Monday of the week the show is to air. Failure to meet this deadline may result in a program not being cablecast. Whenever possible, VHAT-12 staff will attempt to schedule a repeat program. If after three weeks a new program has not been submitted to be cablecast, VHAT-12 staff reserves the right to reschedule other programming it its place. 5. Who May Participate VHAT-12 equipment and facilities are owned by the City of Verona and are reserved primarily for use by residents of the City of Verona. Persons eligible to become community producers and use VHAT-12 equipment and facilities include: 1. All legal residents of the City of Verona, defined as residing within the Verona city limits. 2. Members and employees of commonly recognized local non-profit organizations that serve the Verona community. Production facilities and equipment will be made available to VHAT-12 community producers on a first-come, first served, non-discriminatory basis, provided they: 1. Have successfully completed the necessary required courses and passed the evaluation given at the conclusion of the course; OR can demonstrate the basic operation of the requested equipment. 2. Complete and submit the required documents for use of equipment and facilities. 3. Obey all the rules and regulations adopted by the City of Verona BTRB. 4. VHAT-12 invites younger residents to learn community television production techniques, and welcomes their participation in the community access process. It is necessary for access production applicants under 18 years of age to have their parent or guardian co-sign all required documents. The co-signer is then responsible, along with the user, for all costs that may be incurred as a result of damage to the facilities or equipment, other than normal wear and tear. VI. Producing a Program 1. Before a camcorder or other equipment is checked out to a producer, the producer must be cleared for check out by demonstrating that he or she can properly operate the equipment. 2. Community producers are responsible for gathering their own volunteers. VHAT-12 staff can assist with providing producers with technical assistance and helping them network with volunteers. 3. Videotape: 1. Community producers are responsible for providing their own VHS or S-VHS tapes. 5

7 2. Each tape submitted for cablecast on VHAT-12 must include a label on the spine of the tape indicating the name of the program and the producer s name. 4. Duplications: 1. Producers are allowed 1 free dub of their own programs on a tape they provide. 1. The following fees are charged for copies (dubs) of VHAT-12 programming: Up to 30 minute dub w/ tape providing by requestor $10.00 Up to 30 minute dub w/ tape provided by VHAT-12 $15.00 Over 30 minute dub w/ tape provided by requestor $15.00 Over 30 minute dub w/ tape provided by VHAT-12 $ VHAT-12 reserves the right to make copies of programs submitted for cablecast on the channel, except in situations in which a community producer has written notice of copyright on his/her program. VII. Special Programming Considerations 1. FIRST AMENDMENT CONCERNS: Community producers are urged to be familiar with the following types of speech unprotected by the Constitution which traditionally have not received full First Amendment protection: obscenity, fighting words, defamation, libel and words which create a clear and present danger of imminent lawless action. 2. DISCRETIONARY PROGRAMMING: VHAT-12 reserves the right to schedule programs containing content that may be inappropriate for children for cablecast at times when young viewers are less likely to watch television. 3. DISCLAIMERS: VHAT-12 staff may place cautionary messages at the beginning and/or end of programs that contain material that could be offensive to some viewers. Any such cautionary message will explain the nature of the program in a non-judgmental way so that viewers can decide whether to watch the program. If appropriate, the cautionary message may also state that the content of the program is the sole responsibility of the producer and does not reflect the views of VHAT-12, the City of Verona, the Broadband Telecommunications Regulatory Board or Charter Communications. In addition, the disclaimer may also state that parties with opposing views may call the VHAT-12 offices to produce a rebuttal program. 4. SAMPLE GRAPHIC MATERIAL WARNING: Material contained in this program may be offensive to some viewers. Parental discretion is advised. The contents of the following program are the sole responsibility of the community producer and do not reflect the views or policies of VHAT-12, the City of Verona, the Broadband Telecommunications Regulatory Board or Charter Communications. Those parties wishing to produce a rebuttal program may call the VHAT-12 office at SAMPLE CONTROVERSIAL WARNING: The content of the following program is the sole responsibility of the community producer and does not reflect the views or policies of VHAT-12, the City of Verona, the Broadband Telecommunications Regulatory Board or Charter Communications. Those parties wishing to produce a rebuttal program may call the VHAT-12 office at VIII. Equipment and Facilities 1. VHAT-12 equipment and facilities are available to community producers on a first-come, first-serve, non-discriminatory basis. Community producers may request equipment by completing an Equipment/Facilities Check Out Agreement forms available at the VHAT-12 offices. All requests must 6

8 be completed in person; no reservations will be confirmed unless the forms are submitted. 2. Community producers assume full responsibility for the use of production facilities and will be liable for damage, misuse or theft that occurs while the equipment or facilities are in the users possession or control. The user shall identify and hold harmless VHAT-12, the City of Verona, Charter Communications and the Broadband Telecommunications Regulatory Board from and against any damages, liabilities and costs of any nature including attorney fees and disbursements arising out of or resulting from any action or use by the user of the equipment or facilities herein described. 3. VHAT-12 staff reserves the right to refuse the use of equipment or facilities to any person(s) who appears to be under the influence of alcohol or drugs or who engages in inappropriate conduct. 4. Equipment reservations are non-transferable. The access user or producer making the reservation must be present at the time of checkout and check-in of equipment. 5. VHAT-12 is to be informed as soon as possible of any cancellations of reservations. 6. Community producers may reserve equipment up to four (4) weeks in advance. 7. Use of VHAT-12 equipment and facilities must be for the purpose of recording and preparing programs for cablecast on VHAT-12. Use of access equipment for personal use or commercial purposes is prohibited. 8. Submitting a Program: 1. Locally and non-locally produced programs (programs produced outside the City of Verona limits) may be cablecast on VHAT-12 provided the following: The program is sponsored by a legal resident of the City of Verona and meets all the requirements as listed within these guidelines The community producer sponsoring the program completes all necessary scheduling and cablecast agreement forms on a regular basis The community producer obtains all necessary rights to the program. This includes all necessary literary, artistic, intellectual, performing and music rights as well as all necessary clearances from the owners of licensees of such material. Community producers must be able to document, in writing, that the cablecasting of such material does not violate the rights of any third party or individuals appearing in the program. 1. Tapes must be picked up within three (3) weeks of the last cablecast date. If tapes are not retrieved within that time, or if a stamped self-addressed mailer has not been provided, the City and the Communications Coordinator reserves the right to erase and recycle or discard these materials. IX. Staff Assisted Community Events Programming The Staff Assisted Community Events Program is designed to create and distribute community based video programming and local information which addresses the needs and interest of Verona s not-for-profit groups and agencies and cable subscribers. Any video produced through the Staff Assisted Community Events Programming must follow all VHAT-12 Guidelines and the additional guidelines that follows: 1. Interested parties must complete a Staff Assisted Community Events Program Request Form and turn it in 2 weeks prior to the date of the event. Requests are processed on a first-come, first-served and nondiscriminatory basis. 7

9 2. Individuals or non-profit groups eligible to utilize this service must reside with in the City of Verona as defined in Section V of the VHAT-12 Guidelines. 3. An individual, representing him or herself, or a non-profit organization, is considered the Community Producer for the program and must take responsibility for filling out a VHAT-12 Program Responsibility Form and secure any copyright and talent release forms for the program. 4. The Communications Coordinator will make every reasonable effort to accommodate requests for Staff Assisted Community Events Programs but may have to deny requests due to staff or equipment availability. E. Community Producers must provide a videotape for all Staff Assisted Community Programming Events. In lieu of providing a tape, the Communications Coordinator may substitute a recycled tape or charge the producer a fee for a videotape. X. Formal Grievance Policy and Procedure Any person may present a formal written grievance to the Communications Coordinator, in person or by mail. Mailed grievances should be sent to Communications Coordinator, Verona City Hall, 111 Lincoln Street, Verona, Wisconsin All formal written grievances requires the following information in order to be processed: 1. Name of all persons participating in filing of the grievance, or identification of a single "contact" person to whom the response should be presented by an individual in the event that a person claims to represent a group or organization. 2. The current address of all persons participating in the filing to the grievance or of the designated "contact" person. 3. Current name and work telephone numbers of all persons participating in the filing of the grievance or of the designated "contact" person. 4. An indication of the time of day and location at which persons filing the grievance and/or the designated "contact" person can most likely be reached. 5. The nature of the grievance clearly stated with relevant details as follows: 1. If the grievance is based on a policy or procedure, or program content, it should include: 1. An explanation of which policy or procedure is in question. 2. The nature of the grievance against the policy or procedure. 3. The recommendation(s) for change in policy or procedure that is believed needed. 2. If the grievance is based on an incident, it should include the following relevant information: 1. The name of, or a description of, the staff person(s) involved in the grievance incident. 2. The name of, or a description of, any other person(s) involved in the grievance incident. 3. The date and the time of day of the grievance incident. 4. The location where the grievance incident occurred. 5. A clear and complete explanation of what occurred and of the reasons and/or behavior of the staff person(s) and/or other person(s) involved in the incident. 8

10 6. Once the grievance is received, the Communications Coordinator will attempt to make an initial contact with the person(s) filing the grievance, or with the designated "contact" person, within five (5) working days. A written response can be expected no later than 15 working days from the date that the grievance was received, with appropriate allowance given for postal delay. 7. If party requesting grievance is not satisfied with the Communication Coordinator's decision, they can then make their appeal in writing within 15 working days to the Broadband Telecommunications Regulatory Board. Communications should be sent to BTRB c/o Verona City Hall, 111 Lincoln Street, Verona, Wisconsin If not satisfied with the Broadband Telecommunications Regulatory Board, they may appeal in writing within 15 working days to the Verona Common Council. XI. Guidelines for Enforcement Procedure 1. Communications Coordinator must review all programs for compliance with all guidelines and take appropriate steps as outlined in guidelines. B. When the Communications Coordinator determines that there has been an apparent violation of any of the guidelines that have been previously mentioned in this document the Communications Coordinator may: 1. With regard to alleged violations of any of these guidelines and procedures he/she will send the user written notification of the alleged violation and advise the user of her/his right to meet with the Communications Coordinator before a final determination, including possible loss of access privileges, is made. The user shall be advised that her/his request for a meeting must be made to the Communications Coordinator in writing within two weeks of the date of the letter of notification. 2. Immediately suspend cablecast of a program, provided that the program contains alleged violations of procedures previously stated in these guidelines, or provided that continued cablecast of the program would create clear and substantial risk of legal liability for VHAT-12. In the event of suspension of Cablecast, the user shall be sent written notification of the alleged violation within 48 hours of the suspension. Copies of that notice shall be sent at the same time to all members of the Broadband Telecommunications Regulatory Board, City Council and City Administrator. All other procedures for processing alleged violations, indicated in the following section, shall also apply. 3. After meeting with user, or, if no meeting is requested, after two weeks from the date, the user was notified of the infraction, the Communications Coordinator must take one or more of the following actions: 1. Take no further action. 2. Suspend for a period of time, or revoke, in whole or in part, the user's rights to use the equipment of VHAT-12 and or cablecast any programs on VHAT Take such other action as is fair, reasonable and equitable. 4. No person shall have user rights suspended or revoked unless the Communications Coordinator determines that the user's conduct is an aggravated infraction of the PEG Access Channel rules and regulations. In determining whether an infraction is aggravated, the Communications Coordinator shall consider whether: 9

11 1. The user has been involved in previous infractions. 2. The infraction reflects a serious disregard by the user of the personal or property rights of others. 3. The infraction was intentional or demonstrated a willful disregard for these rules and procedures. 5. The Communications Coordinator shall notify the user in writing of a decision to restrict the users access privileges as soon as possible. If the Communications Coordinator suspends or revokes user rights and if the Communications Coordinator determines that the user's conduct seriously endangered the person or property of others, the notice shall so state, and the revocation or suspension shall take effect immediately. Otherwise, penalties shall not take effect until 20 days after the user is notified of the Communication Coordinator's decision. The Broadband Telecommunications Regulatory Board, Mayor, City Council and City Administrator shall be sent a copy of any notice required by this section. If the party is not satisfied with the Communication Coordinator's decision, they may appeal to the Broadband Telecommunications Regulatory Board. If not satisfied with Broadband Telecommunication Regulatory Board s decision, they may appeal to the City Council. 6. Upon receipt of appeal from a user, the Broadband Telecommunications Regulatory Board shall include the matter in its agenda, granting priority over all the other agenda matters except for the appeals made under this section. That portion of a Broadband Telecommunications Regulatory Board meeting at which an appeal is heard shall be open to the public and shall be recorded. At the meeting the Communications Coordinator shall describe any penalties imposed and the basis for alleging a violation of VHAT-12 s rules. The user shall then be entitled to testify regarding the alleged violation and any penalties. Both user and the Communications Coordinator may present witnesses or evidence related to the alleged violation. Public comment will be taken at the discretion of the Broadband Telecommunications Regulatory Board. 7. If the Broadband Telecommunications Regulatory Board determines that there is sufficient basis to justify the Communications Coordinator's determination of a violation of VHAT-12 s rules, then that determination shall be affirmed. The Broadband Telecommunications Regulatory Board may modify the Communications Coordinator determination or any access center privilege restrictions imposed or may make a new determination or impose new penalties. If the Broadband Telecommunications Regulatory Board determines there was not basis for the Communications Coordinator's determination of a violation of VHAT-12 s rules, the Broadband Telecommunications Regulatory Board shall remove any penalties that were based upon the determination. 8. Any decision by the Broadband Telecommunications Regulatory Board may be appealed to the City Council. All decisions made by the City Council shall be final and conclusive. 10