PELHAM COMMUNITY TELEVISION

A DIVISION OF THE PELHAM CABLE TELEVISION DEPARTMENT

 

 

POLICIES AND GUIDELINES

 

 

 

 

 

Accepted by the Town of Pelham Board of Selectmen by unanimous

vote on September 1, 1992

 

Revised August 6, 1996 by unanimous vote of the Board of

Selectmen

 

PELHAM COMMUNITY TELEVISION

 

POLICIES AND GUIDELINES

 

I. GENERAL STATEMENT

 

A. Pelham Community Television is a public access resource provided by the franchise agreement between the Town of Pelham and Harron Cablevision. As provided by FCC regulations, public access is on a first come, first serve, non-discriminatory basis. PTV is the logo and call name of the channels which originate from the studio at 60 Old Bridge Street North in Pelham New Hampshire. At this time all channels are considered public access channels and combine all aspects of PEG programming with no distinction between the individual components of PEG.

 

B. Local production is a cooperative effort of the Town of Pelham, community residents, businesses, schools and organizations anchored or associated in Pelham and harron Cablevision of New Hampshire. The local access organization known as Pelham Community Television, provides facilities, resources, expertise and training so that programming of local interest and importance can be produced by community members and groups by the options and capabilities it offers. All programming is produced by the groups described above. Pelham Community Television produces no programming as a separate entitv in conformity with the ideals of public access television. Pelham Community Television functions under the auspices of the Town of Pelham Cable Television Department, but is a resource for the above groups as allowed by these guidelines.

 

C. Pelham Community Television is intended to serve the particular needs and interests of the individual and groups named above, hence the community at large. Community produced programs provide an alternate method of disseminating information and offering entertainment of distinct local appeal and value.

 

D. By its nature, the views and opinions presented in community productions are those of the originating person or group and do not necessarily represent those of the Town of Pelham or Harron Cablevision.

 

E. Facilities and training essential to community production are available at no charge and training will be provided periodically in areas of interest to the participant.

 

F. The use of the Pelham Community Television facilities or channel by one or a few select groups or individuals in a monopolistic manner is not deemed to be in the public interest. Use limitations will be applied only in cases where the public interest is not being maintained.

 

 

 

II. PREVIEW OF PROGRAMMING

 

A. Pelham Community Television reserves the right to review all productions (programs) submitted for broadcast to insure conformity to the Cablecast Agreement and Compliance. Programming which presents an adult theme, or contains strong language or explicit video will carry the following disclaimer; "this program contains (strong language) (explicit video) (an adult theme) which may not be suitable for sensitive audiences". All promotion for that program will contain the same disclaimer. Programming deemed to have an adult theme will not be shown between the hours of 6:00 a.m. to 10:00 p.m. per Section 505 of the 1996 Telecommunication Act. (Amendment adopted by vote of the Board of Selectmen June 25,1996).

B. It is not the intent of Pelham Community Television to censor, however, it does have the right to warn the viewer of a program which may not conform to general community standards.

 

C. As provided by the FCC, Pelham Community Television will not broadcast programs which are "Harmful to Minors" as defined in RSA 571-B:l.

 

D. All programs may be reviewed by Pelham Community Television for audio and video signal compatibility and stability.

 

III. REJECTION OF A PROGRAM

 

A. Should Pelham Community Television determine or believe that statements made in connection with the submission of a program for broadcast are false, misleading or intentionally incomplete concerning the content of the program, or that the program contains material which is "Harmful to Minors" as defined in RSA 571-B:lll, it shall not broadcast the program or permit it to be broadcast prior to review by the Cable Television Advisory Committee and/or the Board of Selectmen.

 

B. In the event of rejection of a program on the basis of Section II, C or D, or Section III, A, the producer of the program has the right to appeal this rejection to the Cable Television Advisory Committee and the Board of Selectmen. The Board of Selectmen's decision will be held as final on the community level.

 

IV. CLIENT GROUP

A. A "Client Group" is defined as any community group, organization or legal entitv of the town which requests that a certified volunteer of Pelham Community Television, produce a program on its behalf, and does not have the ability to supply a trained and certified producer itself. Pelham Community Television will furnish the group with a list of certified volunteers but makes no guarantee to furnish a certified volunteer for the "client group". If and when a certified volunteer is found for the "client group", all transactions will be between the "client group" and the certified volunteer. Pelham Community Television will not act in any capacity in the production of the program other than those already described for community programming.

 

V. OUTSIDE PRODUCTIONS

A. An outside production is a program produced elsewhere, other than in the Town of Pelham or at the Pelham Community Television facilities.

B. All outside productions submitted for broadcast must be reviewed by Pelham Community Television before scheduling for broadcast for as described in Section II.

C. All outside productions must be sponsored by one of the groups described in Section I,D to insure the community interest connection of the program.

D. A person providing outside productions for broadcast will be given a receipt for all tapes received. It is the responsibility of the provider of such programs to retrieve their tapes within ten day of the last broadcast of each program. After the ten day period, Pelham Community Television assumes no responsibility for the tape(s).

 

VI. SCHEDULING OF PROGRAMS FOR CABLECAST

A. Programs will not be scheduled for cablecast unless the project has been completed, or, in the opinion of the Cable Coordinator, can be realistically completed to meet the scheduled requested cablecast time.

B. Programs will not be scheduled for cablecast without the review and approval of the Cable Coordinator or designated representative. Any program content of a questionable nature will be referred to the Local Production Sub-Committee for consideration. While it is not the intent of the Cable Television Department or the Town of Pelham to censor, FCC regulations prohibit broadcast of material which is "Harmful to Minors" as defined in RSA 571-B:l. This necessitates a review of the program before cablecast.

 C. Programs of questionable technical quality may be cablecast with the Cable Coordinator's approval, and with the display of a disclaimer preceding the program which states: "The viewer may find the technical quality of some portions of the following 'program unsatisfactory. However, PTV believes the substance has merit which overrides the deficient technical aspects of the production".

 D. Date and time allocation for program schedules is on a first come, first served, non-discriminatory basis.

 E. Requests for channel time must be made at least two (2) weeks in advance of the anticipated cablecast. This is for both requested scheduling of taped playback and anticipated "LIVE" programs.

 F. Every effort to honor requests for consistent time slots will be made providing the following conditions are met:

1. The volunteer producer has new material on a consistent basis at least two (2) weeks ahead of the cablecast schedule date.

2. There are no scheduling conflicts set previously.

3. Titles and descriptions of programs are submitted to the Coordinator at least two (2) weeks in advance of the anticipated cablecast.

4. 'Reserved' time will be canceled upon default by the producer of any of the above.

G. Repeating of a program will be allowed at the discretion and scheduling by the Coordinator based upon community interest, timeliness, availability of time and personnel to facilitate playback.

H. The following are necessary prior to the scheduling of cablecast of a program:

1. Statement of Compliance

2. Cablecast Agreement

3. All necessary releases

 

I. Absolutely no programming will be cablecast without the permission and scheduling of the Coordinator.

 

VII. IDENTIFICATION OF TAPES

A. Before cablecast, all video tapes must be clearly marked with the following information:

1. Title of Program

2. Length of Program (TRT - Total Running Time) TRT is calculated starting after the count down to the end of the program video and audio signal)

3. Special audio specifications if any

4. Cue in if other than countdown on edited program or beginning on unedited.

5. Date of production

 

VIII. TAPE FORMAT

A. Beginning of a program

1. Edited tapes

a. At least 30 seconds of color bars

b. 10 seconds of standard black

c. 5 second count down or leader

2. Exceptions are made for cablecast of raw footage

(i.e. athletic events, news coverage, and meetings and events of a time sensitive nature).

B. End of a program

1. Edited tapes

a. Credits for copyright acknowledgements, including those for all musical selection. (if generic music is used the credit will state "Music by DeWolfe Music Library".

b. Credits for any sponsors (See Section XIX)

c. Cable system credits stating, "the preceding program was made possible through Pelham Community Television, a cooperative effort of the Town of Pelham and Harron Cablevision of New Hampshire"

d. 60 seconds of standard black - REQUIRED

2. Exceptions are made for raw footage and 1/211 unedited tapes.

a. Credits must be submitted with the tape and will be put on the Knox after the program is cablecast.

b. If the program is submitted for a contest or otherwise sent out of the Pelham Community Television jurisdiction, credits must be permanently placed on the program via the editing system.

 

IX. COPYRIGHTS

A. The certified volunteer owns the copyrights to his program. If he does not dub his program over to his private tape within four (4) weeks, PTV, who owns the physical tape may recycle the tape.

B. Only Sony, Maxwell and Fuji tapes (or one approved by the Coordinator) -..ay be used in PTV equipment to prevent equipment damage by inferior quality video tape.

C. Sharing programs with other cable systems and towns, bicycling, and any further distribution or submission for award consideration may be initiated by PTV after a copyright release has been signed by the program producer. Appropriate credit for that producer and all others credited on the original production including PTV and Harron cablevision of New Hampshire will be made. The producer amy initiate further distribution or submission for award consideration providing PTV and Harron Cablevision of New Hampshire are duly acknowledged and credited for their participation and support.

D. The producer retains any further distribution rights providing PTV and Harron Cablevision are acknowledged and credited.

E. Harron Cablevision of New Hampshire will not charge producers for channel time on local production channels.

F. All current regulations and laws regarding copyright and performance rights will be followed by producers providing programs for cablecast. The producer bares all responsibility for compliance with applicable copyright and performance rights laws and regulations. It is required that a statement that all appropriate arrangements and clearances have been obtained from broadcast stations, networks, sponsors, music licensing organizations, performers and representatives be signed and be part of the application procedure. This statement must include assurances that clearance is provided without limitation by any and all persons as may be necessary for authorization to transmit their program material over cable television facilities. copies of actual clearances must accompany the program. (Statement of Compliance).

 G. An appropriate release form must also be included when submitting a program, for channel time or before final approval is given for cablecast. This includes a release form for all public school students, signed by their parent or guardian or the principal of the school if the principal is willing to undertake that responsibility.

 X. EQUIPMENT AND FACILITIES

A. Actual scheduling of equipment and facilities use may be done only by the Coordinator or those officially designated by the Coordinator.

 B. The use of equipment and facilities will be free of charge to those described in Section I.

 C. Local production equipment and facilities are available on a first co-.me, first served, non-discriminatory basis, BY APPOINTMENT ONLY. Contact the Coordinator for appointments and reservations.

D. Equipment and studio facilities may be used ONLY under the supervision of a certified volunteer. Only those persons directly involved with the program production are allowed admittance, except by special arrangement with the Coordinator.

E. USE OF THE EOUIPMENT AND STUDIO FACILITIES IS FOR THE SOLE PURPOSE OF PRODUCING PROGRAMS FOR THE COMMUNITY TELEVISION CHANNELS AND PLAYBACK OF THOSE PROGRAMS.

 F. The amount of equipment pro,7ided to a producer will be determined by the Coordinator based upon the experience of the certified volunteer, the scope of the production, the needs of other producers and the equipment repair schedule.

 G. PTV reserves the right to refuse the use of the faculties and equipment to any person under the influence of alcohol, drugs, or otherwise not under full control of his or her faculties.

 H. Only those Certified Volunteers and pre-approved spectators are allowed access under the reservation system.

 I. Playback takes prioritv over any other activitv in the studio. Studio use is on a first come first served nondiscriminatory basis. Please be considerate of the user. It is their right to sole use of the facility for which they have reserved the time allotted.

XI. EQUAL TIME

A. Public Access is by definition available to all, free of charge, on a first come, first served, non-discriminatory basis, as described in Section I., therefore PTV is not subject to the 'equal time' statues per FCC regulation.

 

 XII. EQUIPMENT DAMAGE OR MALFUNCTION

A. Certified Volunteers must notify the Coordinator of any equipment problems, malfunctions or damage, so that appropriate repair and maintenance may be performed. Certified volunteers are not liable for normal use breakdowns, malfunctions or accidental damage or innocent loss.

B. Certified volunteers are liable for attempts to repair, intentional damage and failure to report the above or failure to return equipment.

 

XIII. PRODUCER EXPENSES

A. Additional materials for productions, i.e. sets, props, etc. , must be supplied by the producer. All such materials must be removed from the studio after completion of the production. if scheduling allows, sets and props may be left in the 'shoot' position, otherwise they must be removed each time they are used. Check with the Coordinator for scheduling and reservations.

 

XIV. OWNERSHIP OF TAPES

 

A. All video tapes which are the property of PTV may not be removed from the facility with the exception of location shooting. No tapes owned by PTV will be kept in the Certified Volunteer's possession. If editing is needed, all tapes will be stored in the editing section of the facility with proper labeling. Viewing of tapes will take place in studio with proper reservations. 

B. All tapes remain the property of PTV unless bought by the Certified Volunteer. Any Certified Volunteer wishing to keep copies of their program tapes must replace those tapes, if owned by PTV, with an equivalent amount and quality of new, blank tape (Sony, Maxwell or Fufi).

 

XV. COPIES

A. It is not the function of PTV to make program copies.

 

XVI. ARCHIVAL TAPES

A. If a future repeat cablecast of a program would be of community interest, the program may be retained to 'archival' purposes. In the event that future cablecast seems possible, the producer will be asked to sign a copyright release for that program. With the release of the copyright, the program would qualify to become 'archival'.

 B. Such 'archival' tapes will be stored separately from the regular tape storage area. The tape will be clearly marked with 'ARCHIVAL' on its label.

 C. Tapes of government meetings, which the Town may wish to save, will be removed from the regular tape storage and stored in their own respective collections.

 

XVIII. PROFITS

A. If a Certified Volunteer receives any profit or remuneration from his program, PTV must be reimbursed for equipment usemarket rental value or 50% of profits, whichever is smaller. This does not apply to any award received by the Certified Volunteer for his program submittal in a video contest.

 XIX. CERTIFIED VOLUNTEER INFORMATION

A. Cablecast Agreement and Statement of Compliance, indication of understanding of and compliance with the rules and procedures of PTV (and verification of age and residency if this is deemed appropriate) must be on file with PTV resources and facilities.

B. The Name, address and pertinent information regarding the Certified Volunteer will be kept on file and treated as public information.

 

XX. WAIVER

  1. PTV reserves the riaht to waive any self imposed regulation when such waiver is @udged in the public interest of PTV and the Town of Pelham.

 

XXI. VIOLATIONS OF POLICY

A. A Certified Volunteer will have his privileges rescinded for noncompliance with policies or procedures or for behavior that is deemed detrimental to the purposes and image of community television. The Certified Volunteer has the right to appeal to the Cable Television Advisory Committee and the Board of Selectmen. The Board of Selectmen's decision will be final on the municipal level.

 

B. All communication between participants in programming will meet professional standards of behavior, courtesy and cooperation. Profession standards of behavior will be maintained between the staff of PTV and any person using, requesting the use of or inquiring into any aspect of PTV,. Any person not conforming to professional standards of behavior Ijhile using the equipment or facilities of PTV v,7ill forfeit his use of said facilities or equipment in accordance with the above.

C. Minor Violations may include but are not limited to;

1. Failure to cancel studio time (no call/no show)

2. No pick up of previously reserved equipment without notification.

3. Mishandling of equipment

4. Disregard of standards of professional behavior as described above.

5. Eating, drinking or smoking in the studio control room, edit or playback area.

6. Failure to clean up after using the facility or leaving the area in disarray.

7. Handling off limited equipment or being on off limited areas.

8. Use of equipment or facilities without appointment

9. Not notifying the Coordinator of equipment breakage or malfunction.

 

Minor Violations can result in the following series of actions.

Violations need not be the same for all occurrences.

 

E. Major Violations may include but are not limited to;

1. Misrepresentation of users affiliation with PTV to others.

2. Failure to return equipment as agreed

3. Falsifying forms

4. taking equipment without appropriate permission

5. Abuse of equipment, including attempted repair

6. Broadcast in violation of federal copyright or FCC laws and regulations. Any unauthorized cablecast.

7. Any attempt to adjust off-limits equipment or any unauthorized adjustments thereof.

 

  1. A Major violation may result in permanent forfeiture of privileges.
  2. Action for disregard of these policies and Guidelines will be determined after CTAC and/or the Board of Selectmen review with recommendation by the Coordinator.
  3. The Coordinator is authorized to issue warnings, suspensions and forfeitures. Appeal may be made to the CTAC and/or the Board of Selectmen.

 

XXII. PRIVATELY OWNED EQUIPMENT

A. No privately owned equipment may be used with equipment owned by PTV unless specifically allowed by the Coordinator. 

B. PTV and its Coordinator, CTAC, Town of Pelham, staff and volunteers will not assume any responsibility for privately owned equipment or damage or loss thereof, while being used in conjunction with equipment or in any facility of PTV whether or not permission by the Coordinator for use of said equipment with that of PTV has been given. (adopted August 10, 1988 by the CTAC)

 

XXIII. CERTIFICATION OF USERS

 

A. Only certified individuals may use the equipment and facilities of PTV for which they have been certified.

 B. Persons who are in an educational program, instructed by the Coordinator or a teacher/Certified Volunteer, are the only noncertified people allowed the use of the equipment and facilities of PTV. This use must be under the supervision of the instructor/Cer+@-ified Volunteer, who takes all legal responsibility for equipment, releases, etc. (adopted August 10, 1988 and revised February 8, 1989 by the CTAC)

 C. Use of any equipment will be only by persons certified on that piece of equipment. (Adopted-August 10, 1988 by the CTAC)

 

XXIV. OFF-LIMITS EQUIPMENT

A. Only the Coordinator and/or the PEG Access Manager and other persons authorized by them, may perform playback and change messages on the CBB. These pieces of equipment are considered "off limits" to all other personnel. (See permission form.) (Adopted August 10, 1988)

 

XXV. FILES

 A. All transactions, i.e. requests, cablecast agreement, releases etc. must be in writing with a copy on the Certified Volunteer's file. Equipment and facilities reservation requests may be called into the Coordinator.

 B. Announcements on the Community Bulletin Board can be submitted on the prescribed form, signed by the user, or called into the Coorcld-nitor. The request will be placed in a general CBB user file.

 

 

XXVI. CHAIN OF COMMAND

A. The Cable Television Advisory Committee acts as an advisory committee to and reports to the Board of Selectmen. The Coordinator and the Cable Television Advisory Committee are expected to work in a cooperative association. (memo R. Cashman, Selectmen's Ren, 4/90)

B. The Cable Coordinator is the Department Head of the Cable Television Department. The Coordinator reports to the Board of Selectmen.

 C. The Studio/Production Assistant(s) will be directly below the Coordinator in the Chain of Command. The Assistant(s) has authority over all volunteers during the Assistant's working hours. The Assistant will answer only to the Coordinator and CTAC as a sitting Committee and the Board of Selectmen as a sitting Board. (adopte August 10, 1988)

 D. Technical Directors are Certified volunteers who have sufficient experience as determined by the Coordinator, and who have applied for the position and been appointed by the Board of Selectmen for a small stipend, decided on by the Board of Selectmen. A Technical Director is responsible for a specific area of programming for which he has been appointed. A Technical Director reports to the Coordinator and supervises Certified Volunteers.

 E. There may be Certified Volunteers who are coincidentally members of the CTAC and/or Board of Selectmen. These people will be considered as Certified Volunteers when engaged in PTV activities, with no special privileges or authority other than those normally given to Certified Volunteers.

 F. Certified Junior Volunteers are minors who have been certified by the Coordinator after instruction given by the Coordinator or Teacher/Certified Volunteer.

 

    1. A Teacher/Certified volunteer may recommend to the Coordinator after instruction of the minor, that he be certified as a Certified Junior Volunteer. This recommendation must include the level of expertise the minor has demonstrated and an illustration of his expertise. The minor must also have been instructed in the Policies and Guidelines of PTV and have signed a statement to that effect.

 

    1. After being certified as a Certified Junior Volunteer, the minor may use the equipment and facilities of PTV as any other Certified Volunteer, except that all equipment check out, releases, Cablecast Agreement and Statement of Compliance be signed by a parent or guardian or another Certified Volunteer who will take all legal responsibility for the equipment and releases, etc.
    2. Upon reaching his majority, a Certified Junior Volunteer must notify PTV. He will then become a full Certified Volunteer.
    3. If a Certified Junior Volunteer does not notify PTV of his majority in a timely manor, he will lose his certification for use of equipment and facilities of PTV. (He will be eligible for re-certification through the usual classes for certification) (adopted February 8, 1989)

 

XXVII. CERTIFICATION

A. Certification may be received;

1. after instruction by the Coordinator

2. after written p[roof that equivalent instruction has

been received elsewhere.

 

XXVIII. ADDITIONAL USE OF CABLE EQUIPMENT

A. There may be instances in which video taping would be a benefit to the Town to increase understanding of a situation. Therefore, Town owned equipment may be used in such a situation if the following are met;

1. a Certified Volunteer operates the equipment

2. no cost is incurred by the Cable Television Department the Paid Producers' program, which includes taping of Selectmen, Planning Board, Board of Adjustment, Budget Committee and School Board meetings, is paid for from cable moneys.

3. The Board of Selectmen approves the request if all the above are met, the Coordinator may allow the use of equipment for non-programming purposes. Each request will be considered on an individual basis.

XXXVIV SEPARABILITY

A. If any Article or Section of these Policies and Guidelines should be held to be invalid by competent legal authority, the remainder shall not be affected thereby.

 

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