Public Access (NVCA)

Rules & Regulations

CITY OF CHICO/BUTTE COMMUNITY COLLEGE DISTRICT RULES, REGULATIONS AND PROCEDURES FOR COMMUNITY ACCESS PROGRAMMING

1.0 BACKGROUND

1.1 On May 7, 1981, Chapter 5.12 of the Chico Municipal Code, as amended, entitled FRANCHISE-CABLE TELEVISION, became effective. This Chapter, among other things, provided for the establishment of community access channel programming in connection with any Cable Television System Franchise granted by the City.

1.2 On the same date, the Franchise awarded by the City to Chambers Cable to operate a cable television system in the City of Chico became effective. This Franchise, among other things, required Chambers Cable to dedicate up to two channels within the System for community access use.

1.3 The specific provisions relating to the operation, funding and management of the community access channel(s) are contained in the COMMUNITY ACCESS CHANNEL(S) AGREEMENT (BUTTE COMMUNITY COLLEGE DISTRICT - CITY OF CHICO) executed between the College and the City. Among other things, the Agreement provides for the establishment of a Community Access User Group by the City and the College, and for the establishment of a set of Rules, Regulations and Procedures for community access channel(s) user access to be developed and agreed to by the City and the College. The Community Access User Group will have a major role in developing the necessary rules, regulations and procedures.

2.0 PURPOSE

2.1 The purpose of this document is to clearly set forth the rules, regulations and procedures that govern community access programming, which are intended to encourage maximum participation by individuals and nonprofit groups in a fair and equitable manner and may be changed from time to time to this end.

2.2 Programming of the community access channel(s) shall be made available only to public access users, educational access users and governmental access users in the Chambers Cable Service Area (hereafter referred to as Service Area, which is defined as those areas within the Butte, Glenn and Tehama Counties where residents are provided cable television services by Chambers Cable pursuant to a franchise or similar form of grant of authority, which utilize the same form of cable communications system as that provided to the City), be free of censorship, and be available for all forms of public expression, community information, and debate of public issues.

3.0 COMMUNITY ACCESS USER GROUP

3.1 A Community Access User Group shall be established by the City and the College to create and interpret community access programming policy and procedures and to promote community access related activities throughout the Service Area.

3.2 The Community Access User Group shall be comprised of representatives from various segments of the Service Area. The Community Access User Group shall include public, educational and governmental representatives, as well as one representative each from the City, the College and Chambers Cable.

3.3 The composition of membership in the Community Access User Group, by membership category, shall be as follows:

3.3.1 Public representatives: Representatives from each of the following public interest group areas:

3.3.1.a Key Community Service Groups: Because of their broad area of representation, the League of Women Voters, the Associated Students of California State University-Chico , the Associated Students of the Butte-Glenn Community College District, and the Chico Chamber of Commerce are hereby defined as Key Community Service Groups and are entitled to appoint one member each to the Community Access User Group. Such members shall serve terms as set by the appointing agencies.

3.3.1.b Community Interest Representatives: Other interested parties or groups may nominate members to the Community Access User Group. From the foregoing, Butte College and the City of Chico shall make five appointments to fill this category of membership. Four community interest representatives shall serve four-year terms and one community interest representative shall serve a two year term. To ensure continuity of membership, a staggered term system shall be implemented for this membership category.

3.3.2 Educational Representatives: Any town or city school district, county school system, or college or university within the Service Area shall be entitled to appoint one member to the Community Access User Group. Length of terms will be determined by the appointing entities.

3.3.3 Governmental Representatives: Each Governmental entity which has granted a franchise or similar instrument to Chambers Cable within the Service Area shall be entitled to appoint one member of the Group. Such Government entity members shall serve terms at the pleasure of their appointing entity, but such terms shall not exceed the terms of their respective franchises.

3.4 The Community Access User Group shall act in an advisory capacity to City and College and shall have the following functions:

3.4.1 To establish such rules and procedures as necessary to govern its meetings and to implement its objectives within its scope of responsibility.

3.4.2 To establish guidelines for balanced programming, representing all segments of the community.

3.4.3 To solicit optional funding sources, such as foundation, federal or state grants.

3.4.4 To propose major community events for community access programming.

3.4.5 To serve in an advisory capacity where input from the community is required and where conflicts exist over program content.

3.5 In the performance of its advisory function, the Community Access User Group shall not discriminate on the basis of race, color, creed, national origin, sex, age, religious belief, social philosophy, economic status, or physical ability.

3.6 The Community Access User Group is the final authority in ensuring conformance to these Rules, Regulations and Procedures.

4.0 COMMUNITY ACCESS CENTER

4.1 The Community Access Center is located on the Butte College Campus at 3536 Butte Campus Drive, Oroville, CA 95965. The Center is in the Media Services Department on the lower level of the Library and is comprised of an office and an operations area. The staff consists of a Community Access Specialist and an Operating Technician. In addition, paid and unpaid work-experience students are assigned to assist in community access related activities.

4.2 The hours of operation are:

Office: 9 AM to 12 Noon and 1 PM to 3 PM
Monday through Friday
Telephone: 895-2344

Operations Center: 8 AM to 5 PM
Monday through Friday
Telephone: 895-2862

5.0 TRAINING COURSES

5.1 Butte College will offer each semester a training course related to television production and community access programming. The course will be held in a community location where high interest exists and will be designed to assist individuals and nonprofit groups in initiating community access activities.

5.2 All training courses shall be offered as part of the Butte College curriculum. Each course offering shall include at least eight hours of instruction and earn the trainee at least one-half unit of college credit. A minimum of fifteen participants is required, and enrollment is handled through normal Butte College registration procedures.

6.0 COMMUNITY USE OF CHANNELS: PROCEDURES

6.1 Community use of channel space is produced as a result of the combined efforts of Butte College Television (BCTV), the City and the individual or group user. BCTV provides the staff to operate the College owned headend facilities required for transmitting the signal to Chambers Cable, the City provides the channel(s) through its franchise authority, and the individual or group user provides the programming.

6.2 Requesting programming time is accomplished by submitting a completed programming request and statement of compliance form. The form is available from the Community Access Office. The form must be submitted at least six weeks prior to the requested date for programming to allow adequate time for entering the program listing in local television guides. The video tape to be cablecast must be submitted at least two weeks prior to the scheduled airing. Any exceptions to these deadlines must have prior approval from the Community Access Office.

6.3 All programming material shall be previewed by the BCTV staff prior to airing to assure conformance with these Rules, Regulations and Procedures.

6.4 Airing of any material that endorses or opposes any candidate for public office, contains obscene material as defined by the United States Supreme Court, creates an imminent danger or damage to property or injury to persons, constitutes libel, slander, invasion of privacy, violation of copyright or trademark, or violates any local, state or federal law is prohibited.

6.5 The programming request and statement of compliance form, together with the date and time of cablecast shall be kept at BCTV in a public file, open during normal business hours for public inspection. The file shall be kept for at least four years from the date of cablecast.

6.6 Use of channel time shall be free to any qualified user as defined within these Rules, Regulations and Procedures.

6.7 Notwithstanding anything otherwise contained in these Rules, Regulations and Procedures, highest priority in the use of the community access channel shall be assigned to the carriage of meetings of the Chico City Council, whether regular or special, or to other events occurring at the Chico Municipal Center which have been authorized by the City for cablecast.

7.0 PRERECORDED VIDEO TAPE PROGRAMMING

7.1 Program formats may be played through Butte College headend facilities for transmission to Chambers Cable.

7.2 All videotape recordings must meet National Television Systems Committee (NTSC) television standards as set forth by the Federal Communications Commission (FCC) for broadcasting and microwave transmissions. The tape must be free from severe dropouts.

7.3 All recordings submitted shall have at least ten seconds of continuous black signal prior to the start of the program and fifteen seconds of continuous black after the end of the program. The length of the program must be precisely identified as to minutes and seconds.

7.4 Length of prerecorded programming should be 27 or 57 minutes. Public service announcements (PSA's) should be 30, 60 or 120 seconds in length. Other time blocks must be cleared with the Community Access Operations Center.

7.5 There shall be no breaks in the program without notification as to location and duration. Program breaks must exhibit a continuous black signal and can be only 30, 60 or 120 seconds in length.

7.6 All recordings must exhibit audio levels that can be reproduced without distortion and shall be free from extraneous noise.

8.0 "COMMUNITY BULLETIN BOARD"

8.1 The "Community Bulletin Board" is an optional service provided by Butte College to permit the cablecasting of alphanumeric messages periodically during the day to announce upcoming community events and to promote services offered by local nonprofit community groups.

8.2 Messages for alphanumeric display will be accepted on a first-come, first-served basis. All messages must comply with these rules and procedures and be limited to 35 words or less.

9.0 LIVE PROGRAMMING

9.1 Individuals and nonprofit groups may participate in the presentation of live programming on the community access channel. Proposals should be submitted to the Community Access Specialist. Each proposal must be evaluated to determine optional production methods, required equipment and support staff, available funding and overall feasibility. Butte College will not be held responsible for production costs.

9.2 Live productions will require signing of an agreement between the College and the user specifying the short and long term rights and obligations of all contributing parties. If no agreement can be reached, the proposed live program is automatically rejected without further obligation to any party.

9.3 Any agreed upon live production may be cancelled by Butte College should circumstances arise that prevent completion of the production as agreed to. Butte College, the City of Chico and Chambers Cable shall be indemnified and held harmless in any modification or cancellation of such ventures.

10.0 PROGRAMMING LIABILITY

10.1 All users presenting recorded materials or live programming for distribution over a community access channel managed by Butte College shall agree in writing, as a condition of the cablecast, to indemnify and hold harmless Butte College, the City of Chico, Chambers Cable and their directors, officers, agents, and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigations) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations, or other requirements of local, state, or federal authorities, for claims of libel, slander, invasion of privacy, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the cablecast of the user's program.

11.0 COPYRIGHT CLEARANCES

11.1 All users presenting a recorded tape or live program for cablecast on a community access channel managed by Butte College shall agree in writing, as a condition of the cablecast, that they have previously made all appropriate arrangements to obtain all rights to all material to be cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives (except as provided for in Section 11.2), and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material. Users shall maintain for inspection by Butte College, upon reasonable notice, copies of all clearances and releases required by this Section.

11.2 Butte College understands that the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI) are negotiating nationwide licensing arrangements with the National Cable Television Association (NCTA) for performances of their members' musical compositions on local originations by cable television systems. Due to the fact that ASCAP and BMI are not enforcing their members' right with respect to such performance during the period of these negotiations, the following procedures will be undertaken:

11.2.1 All users may include music licenses by ASCAP or BMI in their programs without making special arrangements with ASCAP or BMI.

11.2.2 Appropriate acknowledgment should be given in the program credits to any musical compositions licensed by ASCAP or BMI.

12.0 UNDERWRITING

12.1 To encourage the development of community access television programming, individuals or nonprofit groups may seek local funding from private sources. Underwriting gives the funding source the opportunity to publicly endorse the value of community access television.

12.2 The soliciting of local underwriting is the responsibility of the party submitting programming to BCTV. They will retain all revenues from the funding source.

12.3 Underwriting announcements must follow the following guidelines.

12.3.1 When endorsing specific programming, underwriting announcements will be permitted before and after the endorsed program. The amount donated in support of the program is set by the underwriter and the soliciting individual or group.

12.3.2 Underwriting announcements may endeavor to support community access television in a broad sense. Such underwriting endorsements should follow a rate schedule established by BCTV.

12.3.3 Each underwriting announcement shall be no longer than 60 seconds in length.

12.3.4 The content of underwriting announcements should follow FCC contemporary guidelines for public television stations.

12.4 Butte College will provide, when feasible, the services of an underwriting consultant based on a 20 percent commission of all monies generated by fundraising activities relating to the airing of underwriting announcements on the community access channel.

12.5 The production of underwriting announcements shall be the responsibility of the party submitting programming to BCTV.

12.6 Production services for underwriting announcements will be provided by Butte College as set forth in its schedule of "Production Charges" and as defined under "Live Programming" in Section 9.0.

13.0 FUNDRAISING

13.1 Nonprofit fundraising activities may be conducted over the community access channel by local nonprofit groups operating within the areas served by Chambers Cable.

13.2 Nonprofit groups conducting fundraising activities over the channel must have legal recognition as defined by the Internal Revenue Code and/or appropriate California State statutes.

13.3 Fundraising programming must clearly identify the specific use of funds collected, any affiliation with any county, state or national group, and the name and address of the local organization.

13.4 Any fundraising activities requiring the use of Butte College production facilities must meet all the requirements of live programming as specified in 9.0.

13.5 Pre-produced fundraising programs or public service announcements shall be aired without charge as specified in 6.6.

13.6 Fundraising programs shall be no more than 27 minutes in length. Only one such fundraising program will be permitted on the community access channel from any single user or organization in any one month period.

14. ACKNOWLEDGMENTS AND DISCLAIMERS

14.1 All tape recorded and/or live programming cablecast over community access channel(s) must clearly identify the producer of the program and/or the name of the eligible user submitting the program either at the beginning or ending of the program.

14.2 At the discretion of Butte College and/or the Community Access User Group, a disclaimer may be included at the beginning and ending of a program to indicate that the views expressed in the program do not necessarily reflect those of Butte College, the City of Chico, Chambers Cable or the Community Access User Group.

14.3 Where considered appropriate by Butte College and/or the Community Access User Group an announcement may be included at the beginning of a program to indicate that portions of the upcoming program may be inappropriate for children, or deals with issues of a particularly sensitive nature, etc., and that viewer discretion is advised.

15.0 PROGRAM SCHEDULING PRIORITIES

15.1 In general, users may schedule their programming on the community access channel on a first-come, first-served basis, except in cases where such a practice forces out other potential users or is in some way not in the public interest as determined by the Community Access User Group.

15.2 The Community Access User Group shall represent the public interest and shall evaluate all programming challenges based on the following guidelines:

15.2.1. Governmental programming shall comprise 5 to 10 percent of the program schedule, not inclusive of activities scheduled at the Chico Municipal Center. Educational programming shall occupy 60 to 70 percent of the available cablecast schedule. Other public access programming shall make up 20 to 35 percent of the available schedule.

15.2.2 First-run programming will be favored over repeat programming.

15.2.3 Programming should be arranged according to particular themes such as public affairs, education, sports, ethnic, and etc. during a given day or time period.

15.2.4 Channel time usage should encourage a diversity of community users.

15.2.5 Community access programming should recognize community needs and interests.

15.2.6 Programs which include content that may be inappropriate for children, or deal with issues of a particularly sensitive nature shall be aired only after 9 PM.

15.2.7 Programming delivered habitually late to the Community Access Center shall be considered as low priority.

15.3 To ensure the greatest possible use of available community access time, public use of channel time will be subject to the following limitations:

15.3.1 No group or individual shall reserve more than three consecutive hours in any 24 hour period if there are conflicting requests from other users per established procedures.

15.3.2 No group or individual may reserve a specific time and day for more than eight consecutive weeks if there are requests from other users for the same time per established procedures.

15.3.3 No group or individual shall reserve cablecast time for more than two events during any seven day period.

15.3.4 Any group or individual requesting community access time outside published cablecast hours will be charged an hourly fee to cover the cost of operating personnel and equipment usage. This fee shall be paid to Butte College at least seven days in advance of the scheduled cablecast time.

15.3.5 The Community Access User Group by a majority vote may grant any group or individual an exception to the above time restrictions.

15.3.6 All public programming submitted for airing on the Community Access channel shall be limited to one replay in any one year period. However, if requested by the program's sponsor, any locally produced public programming may be given 2 replays in single year, providing there is a 6-month history of the program's sponsor in meeting air commitments on the channel. Subsequent repeated failures to meet on-going air commitments will cause the sponsor to lose replay privileges

15.3.7 Educational and governmental entities shall be exempt from the above limitations but shall be subject to the guidelines as specified in 15.2.

15.4 Butte College or the City of Chico reserve the right to make any necessary program changes to meet specific or overriding community needs.

16 APPROVAL OF RULES, REGULATIONS, AND PROCEDURES

16.1 These Rules, Regulations, and Procedures were approved by the following on the dates shown.