Town Of Cape Elizabeth
Town Services
CETV Cable Channel 3

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OPERATING GUIDELINES
Cape Elizabeth Television
Adopted April 10, 1989

ARTICLE I DEFINITIONS

1.01 CETV: Cape Elizabeth Television, including the facilities and equipment used to cablecast a visual/audio signal over the designated public access channel for Cape Elizabeth, Maine.

1.02 COORDINATOR: The individual responsible for operation and supervision of CETV and its staff.

1.03 Public Access User: Any individual or non-profit organization who resides within the Town of Cape Elizabeth, Maine, and who uses CETV.

1.04 CATV Advisory Board: The Cape Elizabeth Cable Television Advisory Board which advises the Cape Elizabeth Town Council regarding the operation of CETV.

ARTICLE II ADMINISTRATION

2.01 These Operating Guidelines are promulgated for the purpose of making CETV facilities and equipment available to all Public Access Users on a fair and reasonable basis.

2.02 The Town Manager shall appoint and remove the Coordinator, whose compensation, as adjusted from time to time, shall be approved by the Town Council.

2.03 Use of CETV facilities and equipment is restricted to Public Access Users. All Public Access Users must be qualified and approved by the Coordinator before they may use CETV facilities and equipment.

2.04 After reading these Operating Guidelines, Public Access Users will be asked to sign a Statement of Compliance. This statement is an agreement with CETV that the Public Access User understands and agrees to comply with all terms and conditions of these Operating Guidelines and the directions of the Coordinator.

2.05 The use of CETV facilities and equipment shall be for non-commercial purposes only. Use of CETV facilities and equipment for revenue generating purposes will result in loss of Public Access User privileges.

2.06 There will be no charge for the use of CETV except as may be provided elsewhere in these guidelines.

2.07 All Public Access Users are responsible for the repair and/or replacement of damaged CETV facilities or equipment. Public Access Users under the age of 18 shall have on file the signed permission of a parent or guardian to use CETV facilities and equipment which signed permission will also acknowledge that the parent or guardian agrees to take full legal responsibility for the actions of the minor, including, without limitation, reimbursement for repairs to or replacement of damaged CETV facilities or equipment.

2.08 Privileges to use CETV facilities and equipment may be suspended or revoked for any of the following:

a. Violation of these Operating Guidelines or directions of the Coordinator.

b. Leaving CETV premises with equipment not properly checked out.

c. Not returning CETV equipment at the agreed upon time.

d. Returning CETV equipment in a condition which indicates willful negligence, damage or abuse.

2.09 Disputes involving the operation of CETV facilities or equipment or the implementation of these Operating Guidelines will be resolved as follows:

a. The Coordinator will attempt to resolve disputes based on these operating guidelines.

b. Public Access Users can appeal the decision of the Coordinator to the CATV Advisory Board. The CATV Advisory Board will, at the request of the Public Access User or the Coordinator, schedule a hearing within 30 days. All materials which the Public Access User or the Coordinator wish the CATV Advisory Board to review in connection with its decision on the dispute shall be submitted within 20 days after an appeal has been filed with the Board. Until the CATV Advisory Board renders a decision, the coordinator's decision will be controlling. The decision of the CATV Advisory Board will be final.

ARTICLE III GENERAL OPERATING PROCEDURES

3.01 There will be no smoking, eating or drinking while using equipment within the CETV studio.

3.02 All programming produced using CETV facilities or equipment must be scheduled for cablecasting within 60 days after completion of the project.

3.03 All programs produced using CETV facilities or equipment must credit CETV as follows:

"Produced through the facilities of Cape Elizabeth Television."

3.04 All videotapes produced using CETV facilities or equipment will become the property of CETV. The Public Access User agrees to give CETV internal user's rights without further clearance from the producer.

3.05 Use of portable CETV equipment will be governed by the following procedures:

a. A Public Access User wishing to reserve equipment must sign a Statement of Compliance and be approved by the Coordinator. Equipment will not be issued unless the Public Access User has demonstrated to the Coordinator competence in its use. After production needs have been assessed, the Coordinator will schedule the check-out date and time.

b. Any damage done to the equipment will be assessed at check-in and the Public Access User may be assessed for such damage at the Coordinator's discretion. The length of the check-out period shall not exceed 24 hours unless special permission is given by the Coordinator. The Public Access User may be fined $5.00 for every hour the equipment is kept out past the check-in time.

c. Public Access Users must provide their own videotape.

3.06 Use of CETV editing equipment will be governed by the following procedures:

a. Use of the editing system must be approved by and scheduled through the Coordinator.

b. Public Access Users must sign-in at the CETV studio before use of the editing system. Upon completion of the editing session, the Public Access User must sign-out of the CETV studio.

ARTICLE IV CABLECASTING PROCEDURES

4.01 Responsibility for Content

The Town of Cape Elizabeth disclaims completely any responsibility for the content of and materials used in all live or videotaped programming. The Public Access User shall bear sole responsibility for the content of and materials used in all live or videotaped programming and must agree in writing to indemnify and hold the Town of Cape Elizabeth and Public Cable Company harmless from any and all liability or other injury (including reasonable costs of defending claims or litigation) arising from any and all claims of any kind whatsoever concerning failure to comply with any applicable laws, rules, regulations, or other requirements of local, state, or federal authorities, libel, slander, invasion of privacy, infringement of common law or statutory copyright or trademark, breach of contractual or other obligations owing to third parties, or any other injury or damage, in law or equity, which in any manner arises out of use of CETV facilities or equipment.

4.02 Talent Release Forms & Clearances

The Public Access User agrees to make all appropriate arrangements with and to obtain all clearances from broadcast stations, networks, sponsors, music licensing organizations, performers, and "without limitation of the foregoing, any and all other persons (natural and otherwise) as may be necessary to cablecast programming over CETV. The Public Access User shall supply copies of all such licenses, clearances, or agreements to the Coordinator.

4.03 Cablecast Restrictions

Public Access Users are prohibited from:

a. Cablecasting any advertising material designed to promote the sale of commercial products or services.

b. Cablecasting any advertising material on behalf of candidates for public office.

c. Cablecasting any lottery or any information concerning a lottery.

d. Cablecasting any indecent or obscene material.

e. Cablecasting any material which violates any federal or state law.

4-04 Program Formats & Labeling

a. All programs shall begin and end with a minimum of 10 seconds of black.

b. All tapes must be clearly labeled and identified CETV will add additional in-house labels to all tapes scheduled for Cablecasting.

c. All Public Access Users bringing tapes in for playback over CETV must sign a TAPE RECEIPT FORM. CETV will not be responsible for the security of videotape left on the premises.

d. All programming must include graphics identifying the Public Access User.

4.05 Review of Programming

All videotapes submitted by Public Access Users will be reviewed for technical quality. Tapes played on the system must be able to deliver a clear, unbroken signal and must otherwise comply with these Operating Guidelines.

4.06 Scheduling

a. No program will be scheduled for Cablecasting until an Application for Cablecasting has been submitted to the Coordinator and a Statement of Compliance signed by the Public Access User within the past year is on file with CETV.

b. All Public Access User programs will be scheduled for Cablecasting by the Coordinator. Programs will be scheduled according to the specific programming block for which they are best suited. Although the Coordinator will do his or her best to see that the program is aired as scheduled, CETV reserves the right to change the schedule or delete scheduled programming.

c. A Public Access User must fill out separate applications for each program to be cablecast. If air time permits, the program will be scheduled to air at least twice in one week.

d. CETV programming will be scheduled according to the following criteria:

i. The appropriate programming "block." (See Block Programming).

ii. Program priority level. (See Priority of Programming).

iii. Format and length.

Using these criteria, the Coordinator will schedule the program and the tape will be labeled and placed in the current cablecast library.

e. All program scheduling must be completed at least one week in advance of the air date.

ARTICLE V PROGRAMMING GUIDELINES

5.01 Priority of Programming

Program scheduling decisions for CETV will be made by the Coordinator using the following priorities as a guide.

1. Live or taped meetings of the Town Council, School Board, and Planning Board.

2. Live or taped meetings of other Cape Elizabeth committees, boards, or commissions or meetings of other committees, boards, or commissions the agenda for which has a clear impact on a substantial number of Cape Elizabeth citizens.

3. Live cablecasts of special CETV productions that deal with current events in Cape Elizabeth.

4. Live cablecasts of major high school events, including sports, provided that the Cape Elizabeth High School has first acquired and uses its own live production capability.

5. Repeat cablecasts during prime-time hours of programming of the type described above in priorities 1 through 4, above.

6. Miscellaneous cablecasts, including but not limited to:

a. other Cape Elizabeth school system and cultural events;

b. educational material;

c. tapes on loan from other public access stations;

d. special interest programming, for example, material pertaining to the handicapped, senior citizens. Cape Elizabeth history, or gardening.

7. The Community Bulletin Board.

5.02 "Live" Programming

a. All "live" programs must be scheduled at least one month in advance. The Application For Cablecasting must indicate the content and nature of the proposed "live" program.

b. If the "live" program-has been approved for cablecast, the Public Access User must reserve all necessary equipment through the Coordinator. If the equipment is available and the Public Access User has demonstrated to the Coordinator that the arrangements necessary for the production have been made, the "live" program may be scheduled on CETV. The Coordinator has the right to cancel or reschedule a "live" production.

5.03 Series Programming

a. A series is a program produced on a nightly, weekly, biweekly, or monthly basis. It contains material on the same topic, airs under the same title, and is produced by the same producer.

b. Regularly scheduled "series" time slots will be allocated at the discretion of the Coordinator, providing that ample additional time remains available within predetermined scheduled programming blocks for other programming.

c. Series will be scheduled for a maximum of six weeks, after which time a new Application for Cablecasting will be required. These re-applications will be considered along with other programming requests. If a series producer fails to submit new, original programming for more than two consecutive weeks, the Coordinator may, at the Coordinator's sole discretion, assign the remaining portion of the series time to another program.

d. In order to reserve a weekly time slot, a Public Access User must have four programs of the series completed and ready to cablecast. It is mandatory that Public Access Users have two programs completed in advance and delivered to CETV for cablecast at all times.

5.04 Block Programming

Block programming is a concept whereby a week's program schedule is divided into different segments, each of which is then dedicated to a specific type of program. Block programming will help build an audience for the channel and give viewers the opportunity to select the type of programming in which they are most interested.

Programming blocks will primarily be scheduled for prime time evening hours. If sufficient programming is available, additional programming blocks may be scheduled.

5.05 Community Bulletin Board

The Community Bulletin Board will run every day and will include a time/date generator and messages which are of interest to the Cape Elizabeth community, including, in particular, the date, location, and cablecast times, if appropriate, of meetings of Cape Elizabeth committees, boards, and commissions. The Community Bulletin Board will be updated periodically throughout the week. People wishing to have non-profit announcements cablecast over CETV must fill out a CETV Community Bulletin Board request form and return it to the Coordinator at least one week In advance for scheduling at the Coordinator's discretion. CETV will not be responsible for mistakes made on the Community Bulletin Board.

ARTICLE VI UNDERWRITING POLICY

6.01 CETV underwriting policy is intended to assure proper use of Cape Elizabeth's public access channel and to preserve CETV's non-commercial status. Local residents and businesses, school departments, or other agencies or organizations may underwrite CETV programming and CETV may acknowledge such support.

6.02 Underwriting support can be used for set materials (e.g. chairs, tables, plants, backgrounds, carpets or equipment), videotape used to produce the program, promotional expenses (e.g. print, radio or television ads, news releases), and on a limited case-by-case basis, post-production expenses (e.g. art cards, computer graphics, audio music beds and special effects). Underwriting support cannot be used for production labor including producer or director's fees, talent fees, studio time or Cablecasting time.

6.03 All productions using underwriting in any form must have an executed Underwriting Agreement. The Public Access User will be responsible for all underwriting accountability. The Coordinator will monitor all underwriting activities. Underwriting Agreements will be retained on file by CETV as a permanent record of the transaction. Yearly underwriting figures will be compiled as part of CETV's annual report.

6.04 The standard underwriting acknowledgement shall include the following voice-over or visual or both: "The following (or preceding) program has been brought to you in part by...." The underwriting acknowledgement may also include the logo of the business, school, individual or agency, or their name character-generated on the screen.

ARTICLE VII AMENDMENTS TO CETV

7.01 At any regular meeting of the CATV Advisory Board in which a quorum of voting members is present, any person may present for preliminary review and discussion by the Board any policy, issue or other topic affecting CETV. Should it decide that changes to the policies which govern CETV may be appropriate, the Board shall reduce to writing, at least 30-days prior to the next regular meeting of the Board, the proposed policy change. The written proposal shall be posted on a bulletin board at CETV and shall also be made available for public review and comment in the office of the Coordinator.

7.02 Any posted proposed policy change shall note the time and date of the next meeting of the CATV Advisory Board at which the proposal will be discussed and shall note that public comments and opinions will be accepted by the CATV Advisory Board prior to such meeting.

7.03 Any person having an interest in the proposed policy change, including the members of the CATV Advisory Board, shall be afforded a reasonable opportunity to present testimony or information at the time and place fixed by the Board for review of the proposed policy change.

7.04 All policy changes approved by a majority of the voting members of the CATV Advisory Board at a regular or special meeting of the Board shall be submitted within 30 days to the Town Clerk for inclusion on the Town Council agenda.

7.05 All policy changes submitted by the CATV Advisory Board to the Town Council for approval shall become effective upon approval by a majority vote of the Town Council or on such other date fixed by the Town Council.