Operating Rules, Policies and Procedures for Mountain Community Television Channel 15 (MCTV 15)

Mountain Community Television Channel 15 ( MCTV 15 )
Studio COS
800 College Ave,
Weed, CA 96094
(530) 938-5910
info@mctv15.org
www.mctv15.org

Preamble

I. Introduction

Mountain Community Television Channel 15 ( MCTV 15 )
Studio COS
800 College Ave,
Weed, CA 96094
(530) 938-5910
www.mctv15.org
6.Hours of Operation
Operation times are posted on the Internet at our website www.mctv15.org and on the door at our production facility. Special arrangements can often be made to facilitate service outside of our normal hours.

II. Eligibility

III. Scheduling Equipment and Facilities

IV. Program Ownership & Distribution

"The following show contains material which some viewers may find objectionable or inappropriate for viewing by children."

A minor violation will have been committed by a producer who submits a show without the warning.
6.Identification
The producer/provider must be identified at the beginning and end of the show by a character generated name and local contact information for at least 20 seconds. Local contract information may be an active and accurate local address, a telephone number or an email address. PO box addresses are acceptable and a pseudonym may be used to protect personal confidentiality.
7.First Use
Any show in which the community producer has made use of MCTV 15 facilities and/or equipment must be cablecast at least once on MCTV 15 prior to, or concurrent with, cablecast on any other community access system and prior to any other form of distribution. Failure to provide show for first use will be considered a minor violation.
8.Acknowledgment of MCTV 15 Access Facilities
All programs produced with MCTV 15 equipment and facilities and any copies, must clearly acknowledge the provision of the equipment and facilities. The following wording is required on all programs:

"This has been a Public Access Show produced through the facilities of MCTV 15, CA. © Your Name, Current Year.".

An equivalent graphic provided by MCTV 15 may be substituted for the above text.

Failure to provide the message is a minor violation.

V. Channel Access

If no agreement can be reached between the parties, MCTV 15 will initiate a review by an appropriate court of law at the earliest opportunity. The judgment of the court will determine the shows eligibility for play. If it is found to be in violation of the law, it will not be played and the provider will be charged for MCT V15s? legal fees. If it is found not to be in violation, it will be played at the earliest opportunity, or at the original time requested by the provider, or at a time mutually agreed upon by MCTV 15 and the provider.
3.3.If a provider submits a show which, after it is cablecast, appears to the Operations Manager to violate any terms of the Show Contract, the Operations Manager may require that the show be suspended from future play over the channel. The Operations Manager shall inform the provider and the MCTV 15 Board of Directors of the action immediately and in writing. A show provider can appeal the suspension with the MCTV 15 Board of Directors. The Operations Manager's decision regarding the suspended show becomes final if no appeal is filled with 60 days of the suspension.
3.4.If an appeal is filed with the MCTV 15 Board of Directors, the Board will convene just prior to the next scheduled board meeting to consider the appeal. If the Board overturns the decision of the Operations Manager, then no further action is necessary, and the provider may have their show played. If the decision of the Operations Manager is upheld by the Board, the show will not be replayed.
3.5.If the show provider is found to have submitted material in violation of the law (s)he shall be subjected to immediate suspension from use of MCTV 15 managed resources, including the right to submit shows for cablecast.
3.6.The suspension shall be indefinite and for a minimum of one year. After one year, the provider may apply for reinstatement which may be granted following a period of training in programming responsibilities and a review of applicable law, community standards, or other material designated by MCTV 15 staff. A subsequent, similar violation by the same provider will result in a period of suspension not less than two additional years. Additional violations of this nature will result in open, indefinite suspension.
3.7.A provider who is in litigation including criminal indictment or civil litigation for actions in any way related to use of access resources or materials submitted for cablecasting on public, education or governmental access stations may be placed on indefinite administrative suspension during the process of litigation. The suspension shall be from use of access resources as well as from the right to submit shows for cablecast.
3.8.Other violations of show warranties will be treated as major violations and are subject to disciplinary actions as defined in Section IV of these Rules and Procedures.
4.Scheduling Priorities
4.1.In scheduling shows on the MCTV 15 Access channel, first priority is given to live local government meetings, second priority is given to locally produced shows. Third priority is given to shows produced elsewhere but sponsored locally. Fourth priority is given to all shows produced elsewhere without a local sponsor. New shows have priority over repeat showings of either individual or series shows at the discretion of MCTV 15. Requests to preempt a repeated show must be reasonable, and should be made at least 21 days in advance, to accommodate the demands of published television listings. Producers requesting a preemption are encouraged to confer with the holder of the time to minimize conflict. Time sensitive community programming will be accommodated to the extent possible, regardless of notice, but cannot be guaranteed for play unless the above conditions are followed.
4.2.Local shows are defined by the producer's residence, and not the shows content. Any show with a substantial amount of local production work is a locally-sponsored show. Adding local credits or opening and closing tags to a locally-sponsored show does not qualify the show as a locally-produced show.
4.3.Satellite shows submissions must have written clearance from the authorized distributor for carriage of the programming on a non-commercial channel on a preemptive basis.
4.4.Local sponsors of non-locally produced programming take sole responsibility for the shows content, under the Show Warranties.
4.5.Non-locally produced programming submitted by a non-local sponsor are excepted for scheduling at the desecration of the Operations Manager. Successful submissions are subject to a cablecasting fee and must be presented with a signed Show Agreement on a per episode basis.
4.6.It shall be understood that the Electronic Bulletin Board is a service provided for the community and adequate time will be provided on the channel to meet the needs of the community.
5.Series Shows
5.1.A series time slot is a privilege, not a right. A provider who submits shows on a regular basis may apply for a series time slot upon submission of three shows for cablecast in compliance with the provisions outlined in the Show Agreement. Series time slots are available for shows which are cablecast on the same day, and time on a weekly, bi-weekly or monthly basis.
5.2.To keep a series time slot, the provider should maintain a 5 to 1 ratio of total show hours to original show hours (i.e. 20% of the programming for the series must be first-run programming). Requests for exemptions to the 20% guidelines may be made in writing to MCTV 15. The 20% requirement may be waived at the discretion of MCTV 15.
5.3.Additional plays may be requested but may not necessarily be programmed at the same time each week.
5.4.Series are granted for a maximum term of three months. Quarterly, MCTV 15 will process requests for renewals of series, which may be granted depending on space available on the channels. At this time, all current requests for renewals or new series will be processed in the order established by a random drawing following a month long application process. Priority will be given to 30 minute shows, followed by 60 minute shows, with 90 minute shows given lowest priority. Requests will be granted until all available times are taken. The time slot chosen by the provider will be granted unless there is a conflict with a request already granted, in which case, other choice(s) by the applicant will be attempted to be granted. In cases where requests cannot be filled, applications will be kept on file until the next renewal.
5.5.At any time, requests may be made for new series by persons who do not currently have series. Providers who wish to make changes in channels, time of play or length of their current series may also request such changes at any time. Requests of these types will be granted immediately, if there is no conflict with existing schedules. Otherwise, these requests will be kept on file and treated as equal to other requests at the quarterly series renewals.
5.6.Series providers must submit shows to play in their series time slots no later than noon 7 days prior to the requested cablecast date. Due to the necessity of timing and ingesting shows in preparation for cablecast by MCTV 15, shows received less than 7 days prior to cablecast may not be cablecast on time.
6.Live Series and Non-Series Shows
6.1.All live series or non-series shows must be accompanied by a completed MCTV 15 Show Agreement.
6.2.All such requests must be made at least 21 days in advance.
6.3.First-time live show providers are requested to limit themselves to a maximum of one hour program length until completion of three scheduled live shows. When applicable, the Programming Department may reserve cablecast time for a longer live series request until the first three shows are completed.
6.4.Due to the nature of live series shows, a series slot is granted prior to completion of three shows, but should any of the first three scheduled shows fail to be cablecast as scheduled, the series will be immediately considered canceled.
6.5.Providers should give the MCTV 15 Programming Department at least 48 hours advance notification of the cancellation of a live show. Cancellation within 24 hours of a scheduled cablecast time will result in loss of the right to reserve live series time except in case of an emergency and at the discretion of the MCTV 15 staff. Loss of any privileges regarding reservation of live series time under items 6.4. in no way affects the right of a producer to reserve cablecast time for non-series live cablecasts.
6.6.All live series producers will be required to maintain in the Programming Department at all times an emergency back-up tape to be played in the event of a cancellation prior to 48 hours of a scheduled cablecast. The back-up tape need not be received by programming prior to the completion of the first 3 shows.
6.7.Taped repeats of live shows including emergency back-up tapes must comply with all rules and technical requirements governing tape submission to MCTV 15.
6.8.Replaying a live show will not be allowed if the tape contains a phone number to call in to the show, unless the tape has been re-edited to remove or obscure the call-in numbers.
6.9.Live shows are covered by the same Show Agreement regarding content as are recorded shows.
7.Showcase Show Scheduling
7.1.A Showcase is a collection of shows scheduled and promoted around a particular theme or topic which usually plays throughout a day, week or month, and which reflects a diversity of a local producer's work.
7.2.In addition to the regular Showcases organized and sponsored by MCTV 15, community members are encouraged to schedule and promote programming on a space available basis, and are subject to all Rules and Procedures governing resource, facility, and channel use. Members will be accommodated as long as they do not unduly limit community access to the cablecast time.
7.3.Showcases requested by community members should be preceded by a written request to MCTV 15 as early as possible before the desired cablecast date. All show materials must be received by the programming department no later than 21 days prior to the scheduled cablecast.
8.Show Scheduling Disputes
8.1.Cablecast time is available on a first-come, first-served basis. In the event that
8.1.a.a new series provider requests an occupied series time slot,
8.1.b.the three month series commitment is completed, and
8.1.c.alternative space cannot be found through dispute resolution
8.1.d.the time slot will be made available to the new series requester at the quarterly-annual series renewal. Local series may request time slots held by non-local (sponsored) series at any series renewal time. Attempts to circumvent the rules by superficial changes like show title changes or changing the producer of record will not preserve the series slot. Pending requests will not be held longer than six months.
9.Picking Up Shows
9.1.Shows are available for pickup 7 days after the first cablecast date of that show.
10.Show Content Feedback
10.1.The MCTV 15 Access channel will periodically carry announcements advising viewers with questions or comments about the public access shows to call or write MCTV 15. Producers and other members of the general public may make comments concerning programming on the MCTV 15 channel by telephone, email, website or in person. Staff will communicate viewer response to the show provider and will also keep records of same at the MCTV 15 Access Center.
11.Show Content Complaints
11.1.Staff will document show content complaints in writing and maintain files of same. Viewer complaints will be communicated to the show provider. In the event that the complaining party threatens litigation, subsequent play of the show will be postponed until compliance with the Show Contract can be verified. The producer agrees on the Show Contract to make the show available for investigation by public access staff. Incidents involving threats of litigation will be reported to the Board of Directors.
12.Technical Standards and Production Requirements
12.1.Shows must conform to the MCTV 15's technical standards;
12.1.a. Submissions must be NTSC.
12.1.b. Audio must be present at levels suitable for normal listening.
12.1.c. Audio can be in stereo or mono
12.1.d. The video picture must be stable with continuous video synchronization
12.1.e. Long Play (LP) and Extended Long Play (ELP) tapes are very poor quality and are not recommended for submission.
12.1.f.Submissions must be DVD NSTC. Other formats can be converted to DVD for a processing fee.
13.Promotion and Credits
Show credits are selected by the producer or provider with the following limitations:
13.1.MCTV 15, the Cities of Mt.Shasta, Weed or Dunsmuir and Northland cable telephone numbers of the aforementioned may not be used in the credits or as contacts for the public access producer, unless the aforementioned is the show producer.
13.2.The producer may not list private phone numbers or addresses without the consent of the individual.
14.Archives
An archive of exemplary public access shows will be maintained at the MCTV 15 studios for subsequent channel playback. Criteria for selection will be posted in access center.
14.1.Criteria for selection
14.1.a.Producers may voluntarily offer their shows for archive use by checking the appropriate statement on the show application.
14.1.b.Shows funded by the Cities of Mt.Shasta, Weed or Dunsmuir through cash and in-kind technical assistance will automatically be available for use in the archives.
14.1.c.Award winners, theme night/special events, promotional, informational, historical, or model shows within a format, selected by staff and made available through written producer permission.
14.2.Use of Archives
14.2.a.The archives will be used for playback on the MCTV 15 and promotion of Access resources. Copies of archive shows may also be made available for viewing in at the studio. Use of archival material for other purposes requires permission of the applicable copyright holder.
15.Satellite Shows
Satellite shows are defined as shows that are picked up from a satellite down link and carried live on the MCTV 15 Access channel.
Any and all live satellite programming must meet the same standards under the warranty section found under Section II. above; satellite programming that contains commercials or spaces for commercial insertion may not be cablecast. Shows that have been recorded earlier on tape from a satellite feed can be presented to the MCTV 15 Programming Department in the same manner as all other tapes are presented, and do not fall under the provisions in this section.
15.1.Non-Series Satellite Shows
Non-Series, live satellite shows, or blocks of shows will be treated as a standard access shows, subject to Section II. except that it will have third priority in scheduling. The requirements of warranting in writing to MCTV 15 that all technical considerations have been met by the local sponsor, as described in Section .II below will apply, as will any other of the below applicable rules. Taped repeats will be allowed subject to all other rules and regulations.
15.2.Satellite Series Shows
Satellite series shows (i.e. those shows that are granted a regular day and time slot on the channels) are defined as any show of any length that is all or part of a group of shows that are normally disseminated by satellite and carried live on the MCTV 15 Access channel.
15.3.Satellite Series Scheduling
A series time slot may be granted for a satellite series show upon satisfying all of the following requirements:
15.3.a.A standard show contract is signed for each separate show to be carried on the channel, including any that are carried within a block of programming. In signing the show contract, the sponsor warrants that the show conforms to show procedures in Section. II, including indemnity agreement.
15.3.b.The local sponsor of the satellite show(s) warrants in writing to MCTV 15, on a separate satellite series agreement, that all technical aspects of delivery of the satellite signal have been satisfied, and that the local sponsor assumes all responsibility and costs of assuring that the signal is delivered to the point designated by, and meets the technical standards of MCTV 15. In addition, the local sponsor will warrant in writing to MCTV 15 that they understand that it is their responsibility to notify MCTV 15 twenty-four hours in advance of any technical failure that will or may cause the failure of the local sponsor to meet their contractual obligation to deliver the satellite signal as described above. Due to the nature of satellite reception technology, local provider is exempted from said responsibility in case of weather or acts of God.
15.4.MCTV 15 may preempt any satellite show for the following reasons:
15.4.a.Failure to deliver the signal as required above.
15.4.b.Request by a local producer for the same cablecast time as per Section II of these rules. (Two weeks written notice will be given to satellite sponsor.)
15.4.c.Violation of Show Contract as per Section II. of these rules.
15.4.d.Other violations of the rules and procedures.
15.5.Each local sponsor agrees that if in the event that other local sponsors request equal access of satellite services, then the following procedures shall apply in the allocation of cablecast time:
15.5.a.MCTV 15 staff will fairly and equitably allocate the time available.
15.5.b.The time available for satellite programming will be divided equally among all applicants who apply and who meet all requirements of the rules and procedures.
15.5.c.Staff may, at the request of any applicant, divide various time blocks and day parts equally among the various applicants to allow each the opportunity to reach various segments of the viewing public.
15.5.d.If a new applicant requests a time that is less than what they would be granted in an equal division (Section. II.), then the new applicant will be granted the lesser time and will not be subject to Section II. until their time equals, if ever, the time granted to other applicants.
15.5.e.Each local sponsor of satellite time will warrant in writing to MCTV 15 that the shows being carried by satellite are original programming, will be repeated no more than twice in a forty-eight hour period, and repeated no more than four times total. Each sponsor will warrant in writing to provide, on request, copies of show logs or other acceptable documents, detailing the actual shows cablecast, time and length of cablecast, and number of actual plays.
15.5.f.A Channel Identification in an approved format that identifies the MCTV 15 channel carrying the satellite show must be cablecast no less than once every two hours.
15.5.g.Satellite programming and the allocation of cablecast time may be reviewed every three months, for compliance, its effect on services provided by MCTV 15 and on other local producers, and for local sponsors.
15.6.Loss of Locally Sponsored Satellite Cablecast time
15.6.a.Due to the potential of technical failure and the ultimate uncontrolled loss of signal to the channels, if the sponsor fails to agree to perform any of the above, the request for live satellite programming will be denied and existing satellite series or individual shows scheduled will be canceled.
16.Funding Access Shows and Underwriting
Producers are encouraged to seek funding for the production of public access shows. Likewise, community groups are encouraged to develop supportive relationships with certified producers to promote development of access programming. However, the MCTV 15 access resources will charge different rates depending on show funding and whether it's for commercial purposes or personal gain. Any show that's developed using MCTV 15 access resources that does not result in that show being cablecast on MCTV 15 Access channel within six months of the first production date will be considered as commercial. Any show that gets shown on MCTV 15 Access channel and was developed with a total combined funding in excess of $750/show will be considered as funded. All productions are subject to MCTV 15 rate sheet.
16.1.Underwriting
Underwriting is defined as financial or in-kind support received by a producer to facilitate their expression and use of the access channel. Underwriting is permitted, with the understanding that it constitutes a donation to support the producer's work and is not in return for use of cablecast time or access resources.

Funding sources may be credited within access shows according to the following underwriter guidelines. Any individual, business or institution that helps defray production costs may be given underwriter credits as follows:
16.1.a.Credit may be placed at the opening, logical mid-breaks and/or ending of shows with a maximum of two credit sequences per show.
16.1.b.Total credit time per half hour per show for all sponsors may not exceed 60 seconds.
16.1.c.Producers are encouraged to use the following audio and/or video credit format: "The (following) (preceding) community show has been made possible in part by a grant from (name, address, and phone numbers)."
16.1.d.The video portion of the credit may include 2 slides, pictures, signs with character- generated graphics and/or logo, not to include product representations.
16.1.e.The audio portion of the credit may include music.
16.2.Non-commercial contracts
Non-commercial contract are defined as a relationship wherein a certified producer performs production services on behalf of a non-commercial community speaker as a volunteer or in return for compensation. In essence, the producer is facilitating the expression and personal use of the access channels by a speaker.

Such contracts are available, if the following conditions are met:
16.2.a.The speaker is a not for profit entity as demonstrated by the grant of IRS tax exemption and/or recognition or non profit status by another federal agency or the State of California.
16.2.b.The speaker has registered with MCTV 15 as a public access "speaker" by providing evidence as to their not for profit status, has paid the annual fee, has attended an access orientation session, and has listed one or more certified producers as its agent.
16.2.c.Individual speakers must be sponsored by a tax-exempt agency which acts as a fiscal agent on their behalf.
16.2.d.Speakers accept all responsibility per the Show Agreement for expression on the channels. The speaker's use of channel time is considered as counting toward the limits under the Programming section of the Rules and Procedures rather than the producer acting as their agent. The producer remains responsible for resource obligations and is subject to normal disciplinary actions under his/her equipment contract.
16.2.e.Producers must state on equipment contracts whether or not each use is on behalf of a community speaker and, if so, designate a registered speaker. Allegations of commercial uses of access resources or content will be determined by MCTV 15 on a case-by- case basis. Taped shows which received complaints about alleged advertising or other commercial issues will be pulled for review by MCTV 15 until such allegations can be substantiated or disproved.
16.2.f.Any breach of the rules concerning Funding Access Shows and Underwriting shall be treated as a major violation.
17.Electronic Bulletin Board
The Electronic Bulletin Board is available to the community for public service announcements (PSA's), non profit messages, and promotion of shows scheduled on the MCTV 15. Siskiyou County organizations and individuals may submit PSA's to promote local events and services. PSA's must be for non-profit purposes. The Electronic Bulletin Board is available for use only by residents of Siskiyou County. Staff may edit announcements to fit the limited space on the screen, and messages must be limited to one page on the Electronic Bulletin Board. Setup and monthly fees for PSA's are detailed on the rate sheet.
17.1.Procedures
17.1.a.Bulletin Board announcement submission forms are available at the city halls in Mt.Shasta, Weed, Dunsmuir and at the MCTV 15 Access center. Completed forms and fees may be mailed to MCTV 15, or delivered to the MCTV 15 Access center.
17.1.b.Bulletin Board announcements should be received one week in advance of desired play date. There is no guarantee it will be cablecast.
17.1.c.The person submitting an announcement must provide MCTV 15 with their name, phone number and (if applicable) the name of their organization or show.
17.1.d.Messages will not be accepted for events more than 60 days in advance of the date of receipt.
17.1.e.Providers of series access shows may submit up to four promo messages for their series.
17.1.f.Non-series access shows can submit one promo message for there show.
17.2.Content Requirements
17.2.a.The announcement text should include: who, what, where, when and a "For more information" phone number (unless it is promoting a specific public access show).
17.2.b.In cases where a phone number or address of any individual or organization is used, written permission for such use must be given by the individual or organization involved.
17.2.c.Announcements must include a start and stop date. Ongoing announcements will be charged in advance on a quarterly bases.
17.2.d.Announcements may not include ticket prices but may state, "For ticket information, call _____."
17.2.e.Announcements may not solicit funds or mention prices in any way.
17.2.f.With the exception of staff-generated electronic bulletin board announcements, announcements may not use the MCTV 15 phone number and may not use the words, "MCTV 15 " or "Mountain Community Television." without written permission.
17.2.g.All electronic bulletin board announcements are subject to the Show Agreement provisions, especially those dealing with obscenity, slander and libel, defamation of character, etc., and by submitting an announcement, the submitter agrees to those terms and conditions.
18.Access Center Bulletin Boards
18.1.The staff will provide information about MCTV 15 Access services and access related activities on a bulletin board in the access center. Information submitted by Siskiyou County residents will require staff approval. Content guidelines within the Show Agreement for use of cablecast time will be applied to product representation. A section of the bulletin board will be reserved for access related messages to and from access producers.
19.Website
19.1.MCTV 15 staff will maintain a publicly available website. The site will include provide information about MCTV 15 Access services and access related activities on a bulletin board in the access center. Special comments areas of the website will be available to all web visitors. Privileged access will be granted to credited producers and providers. Content guidelines within the Show Agreement for use of cablecast time will be applied to product representation. A section of the website will be reserved for access related messages to and from access producers.
20.Text of Show Agreements
I hereby warrant that the above show submitted by me does not contain any of the following.
» Material contrary to local, state or federal laws, regulations, procedures or policy. Including but but limited to obscene or indecent material.
» Material that is libelous, slanderous or other defamation of character, or an unlawful invasion of privacy.
» Advertising or material which promotes a commercial product or service.
» Material which violates copyright law.
» Material that promotes or constitutes gambling, solicitation or appeal for funds.
These warranties and representations are made by me to submit this show for cablecasting on Northland cable system in Weed, Mt. Shasta, Dunsmuir and Mc Cloud. I further agree, to the extent allowed by law, to indemnify and hold harmless MCTV 15, the City of Mt.Shasta, City of Weed, City of Dunsmuir, Siskiyou County and Northland Cable, and any of their employees, officers, Board of Directors, agents, volunteers, etc. from any and all claims, demands, damages or other liabilities which may be made against or arise out of the cablecasting of this show wither or not the show has been reviewed by MCTV 15 prior to cablecast. In the event of any alleged breach of the conditions of this agreement, I agree to be obligated for all attorney fees and costs associated with the enforcement of this agreement. I am aware that Section 639 of the Federal Cable Communications Policy of 1984 provides that:
"Whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both"

VI. Stipends, Per Diem and Other Reimbursements

VII. Rules Violations and Loss of Privileges

VIII. Amendments to the Rules and Procedures