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Few Words About Copyright Issues
Mature Content Programming
Download Policies and
Procedures (PDF) (Revised September 12, 2010)
Cheshire TV Policies and Procedures (Revised September 12, 2010)
I. Introduction Pg. 3
a. Statement of Purpose
b. What is Cheshire TV?
c. Funding, Management and Governance
d. Mission Statement and Philosophy
e. Location
f. Membership Eligibility and Fees
g. Minors Eligibility
II. Programming Pg. 5
a. General Policies
b. Mature Content
c. Scheduling
d. Series Programs
e. Live Programs
III. Political Programming Pg. 9
IV. Underwriting & Sponsorship Pg. 9
V. Prohibited Material Pg. 10
VI. Viewer Feedback And Complaints Pg. 10
VII. Use of Equipment and Facilities Pg. 11
a. General Policies
b. Reservations and Checking Equipment Out and In
c. Post-Production (Editing) Facilities
d. Studio Facilities
e. Cancellations / No Shows
f. Training and Certification
VIII. Production Services Pg. 13
IX. Program Ownership and Distribution Pg. 13
a. Content Rights and Responsibilities
b. Disposition of Programs, Duplication, Distribution
X. Standards of Conduct Pg. 14
a. General Standards
b. Eating, Drinking and Smoking
c. Drug and Alcohol Use
d. Interaction with Staff and Volunteers
e. Harassment Policy
f. Statement of Non-Discrimination
XI. Rules Violations and Penalties Pg. 15
a. Minor Violations and Resulting Penalties
b. Major Violations and Resulting Penalties
c. Grievance Procedures
I. Introduction
The Policies & Procedures outlined in this handbook are designed
to make the most effective use of the Cheshire TV (CTV) equipment,
facilities, staff, and volunteers, and to ensure that resources
are used only for intended purposes and that all who wish to participate
have an opportunity to do so on a fair and non-discriminatory basis.
These policies and procedures shall be amended from time to time
to reflect the changing needs of the membership and the organization.
The most recent version can be obtained by visiting the studio or
checking our website at www.cheshiretv.org
CTV reserves the right to waive any self-imposed regulation when
such a waiver is deemed to be in the interest of the community.
a. Statement of Purpose for PEG Channel
Public, Educational and Government (PEG) access channels exist
to give individuals who otherwise might not have access to the media
an opportunity to display and showcase their talent, knowledge,
interests and any other information with the rest of their community,
and thereby enhance the quality of life in the community.
b. What is CTV?
CTV is a non-profit corporation established to operate and manage
facilities for public, educational, and governmental (PEG) access
on the cable television system in the communities of Keene, Marlborough
and Swanzey, New Hampshire (the "Community").
CTV provides and maintains video production and post production
equipment, playback and cable-casting equipment, training, and channel
time to individuals that meet qualification criteria (referred to
as "Producers" and/or "Members"). These resources
are available for the production and presentation of programming
by and for the Community on a first-come, first-served, non-discriminatory
basis.
CTV exists to further the educational missions of local schools
and institutions.
CTV provides a medium through which community members can communicate
personal ideas and views to their entire community. CTV offers education
and training in television production to community members of all
ages.
c. Funding, Staffing, Management and Governance
CTV's funding comes primarily from Franchise Fees paid to the City
of Keene by Time Warner Cable. Additional funding is sought from
within the community in the form of donations from individuals,
corporations and organizations. Further operating funds are obtained
from nominal fees and charges for some optional services provided
by CTV.
Operations are managed by the Executive Director, and governed
by the CTV Board of Directors.
Operations are supported by staff members, and/or volunteers who
have been certified by the Executive Director. Please respect all
staff members and volunteers who work so hard to fulfill our mission.
d. Mission Statement and Philosophy
"CTV exists to encourage citizens to exercise their right
to free speech, and to foster awareness of their community through
democratic use of electronic media by providing access to cable
television and for the purpose of non-commercial communication within
the community."
To this end, CTV is committed to providing an opportunity for members
of the Community to use cable television to communicate their views.
CTV makes available channel time on the cable system as well as
access to and training in the use of production resources.
e. Location
CTV's offices and facilities are located at 76 Winter St., next
to the Public Library, in Keene.
Telephone: (603) 283-6621
Fax: (603) 283-7612
Email: info@CheshireTV.org
Website: www.CheshireTV.org
f. Membership Eligibility and Fees
Individuals that wish to use our resources are required to become
members of CTV. Membership is free charge for those who meet any
of the following criteria:
" Resident of Keene, Swanzey, Marlborough, or within the franchise
area
" Employee of a company, town or school within the franchise
area
" Students attending educational institutions full time within
the franchise area
Members must provide proof of this eligibility (Driver's license,
employee ID, student, ID, etc.) annually when renewing their membership,
and from time to time as needed by staff. Any person that does not
meet the free membership criteria has the option of becoming a member
by paying an annual membership fee of $50.00. This fee may be waived
in exchange for volunteer hours with management approval.
Members must further meet the following requirements to make use
of CTV equipment and facilities:
" Read and agree to the policies and procedures and other
required forms as needed
" Complete appropriate training and/or become certified to
use equipment/facilities
Members are independent Producers and are not employees of CTV,
and should never represent themselves as such, nor speak on behalf
of CTV, nor give any indication that they are acting or speaking
on behalf of CTV.
g. Minors Eligibility
The minimum age for membership is 14, however, members under the
age of 18 are required to have a parent or legal guardian present
to sign all required forms and take full responsibility for the
actions and behavior of the minor, as well as financial responsibility
for any damage to CTV equipment or facilities.
If a school or other organization involving minors is acting as
a Producer, the representative of the school has the option of either
acting as co-signer, or obtaining the necessary signatures from
parents or guardians.
CTV management reserves the right to assign certifications to minors
based upon their experience and proficiency with equipment.
II. Programming
a. General Policies & Minimum Requirements For Cablecast
Anyone may submit a program for cablecast. For CTV purposes, the
individual submitting the program is considered the Producer. Producers
are solely responsible for and should be familiar with the content
of that program. Programs produced by anyone outside the franchise
area with equipment other than that of CTV are considered bicycled,
or imported. The individual submitting the program is still considered
the Producer. CTV does not censor programs based on content or preview
programs before they are cablecast, but CTV does require that certain
minimum requirements be met.
Pre-recorded programs can be submitted for cablecast on the following
formats:
MPG2 video file on a data DVD
DVD playable in a standard DVD player
Mini DV Tape
Programs not on these formats must be transferred to one of the
approved formats prior to being cablecast. CTV will transfer at
standard duplication rates.
All paperwork must be properly completed before a program can be
cablecast. The cablecast master will be retained in the CTV library
for 30 days. All unclaimed media may be disposed of after 30 days.
Programs must include the following:
" A 10 second opening disclaimer slate of black background,
with white text in a plain font such as Arial or Times New Roman,
in a size that fills the screen without affecting the aspect ratio
of the text, with no music, voiceover (except V/O of the text below)
or movement, that states the following, verbatim:
"The following program was provided by an independent producer
solely responsible for its content.
The opinions expressed do not necessarily represent
the views of CTV, its staff, Board of Directors, or underwriters."
" Titling equal to the name of the program on the paperwork
submitted
" The program content also must meet technical standards as
set forth below, contain no prohibited material (Section 2G), and
follow guidelines for commercial content (Section IV).
" The end of the program must have at minimum a credit for
the Producer, and correct sponsor acknowledgement (in cases where
sponsorship or underwriting were obtained, see Section IV)
" A closing disclaimer slate of black background, with white
text in a plain font such as Arial or Times New Roman, in a size
that fills the screen without affecting the aspect ratio of the
text, with no music, voiceover (except V/O of the text below) or
movement, that states the following, verbatim:
"The preceding program was provided by an independent producer
solely responsible for its content.
The opinions expressed do not necessarily represent
the views of CTV, its staff, Board of Directors, or underwriters."
It is acceptable to substitute the words "this channel"
for "CTV".
Any program presented without these requirements can have them
dubbed in by CTV for a fee.
Technical Standards
Each program must meet minimal technical standards to be cablecast.
Technical standards are based on the premise that no program should
cause a viewer to think that their TV or other home equipment, CTV,
or the cable system is having technical difficulties.
" Lack of signal or control track (snow) must not appear anywhere
within the program
" Video must track within acceptable limits. No rolling, tearing,
or jumping
" Colors must accurately reproduce original colors. Flesh tones
will be the standard by which this is judged
" White levels which are too high distort the audio portion
of the signal and are unacceptable
" Audio levels that are between -5dB and +5dB during playback
are appropriate
" Program media may only contain the program being cablecast
Technical standards may be waived in cases where the program is
of a "one time" event. In such cases, the Producer may
provide a written explanation to the Executive Director. A disclaimer
advising viewers that portions of the program may have technical
issues must then be inserted at the head of the program either by
the Producer or by CTV for a nominal fee.
Labeling Requirements
Programs must be labeled on the media in legible lettering with
the following information:
" Complete Program Name (and air date, if a series)
" Program Running time (not including head and tails black,
color bars or any other content not intended for cablecast) in hours,
minutes and seconds
" Producer's name and telephone number.
b. Mature Content
If a program has mature content, the Producer is required to inform
CTV of the nature of the content when the program is submitted and
the Request for Cablecast is completed. CTV will then schedule the
cablecast between the hours of 10:00 pm and 4:00 am, commonly known
as "safe harbor" hours.
"Mature content" shall include:
" Nudity - depictions of buttocks, genitalia, or female breasts;
" Adult content - depictions or descriptions of sexual or excretory
material or behavior in a manner so patently offensive as to breach
local or state law;
" Adult language - defined as that which would not normally
be heard on an over-the-air network at the same time of day;
" Graphic violence - visual and/or audio depiction of especially
vivid, brutal, and/or realistic acts of violence or similarly graphic
medical procedures.
" In addition, a program containing mature content must have
a 10 second disclaimer at the head of the program, consisting of
a slate of black background, with white text in a plain font such
as Arial or Times New Roman, in a size that fills the screen without
affecting the aspect ratio of the text, with no music, voiceover
(except V/O of the text below) or movement, that states the following,
verbatim:
"The following program contains material which may not be suitable
for all viewers.
Parental and viewer discretion is advised."
The Producer has the option of CTV placing this disclaimer on the
program for a fee.
In the event a program airing on CTV receives a complaint that
the mature content policy has been violated, the Executive Director
of CTV will immediately remove the program from the schedule and
review the material within five working days of receiving the complaint.
If the program material is deemed in violation of CTV Policy, the
program will be moved to the above specified safe harbor hours and
the responsible Producer will be contacted and given written explanation
of the policy. If a Producer violates the mature content policy
three times, all further materials submitted by that Producer will
be scheduled for cablecast only during Safe Harbor hours.
c. Scheduling
Before any program will be scheduled, it must be submitted according
to the requirements in Section 2B, along with the completed paperwork.
The CTV schedule runs from 12:00:00 am Sunday to 11:59:59 pm Saturday.
In order to be listed in the schedule, programs must be submitted
for air no later than close of business two Fridays prior to the
schedule week.
All available time slots are allocated on a first-come, first-served
basis. Specific time slot requests will be honored when possible,
but CTV reserves the right to schedule programs at our discretion
to meet the needs of the channel and the community. In some cases,
programs of a time-critical nature will pre-empt scheduled programming.
All submitted programs that meet the requirements will be shown
at least once. CTV reserves the right to schedule any program, including
series programs as often and in any time slot it deems appropriate,
however, the Producer reserves the right to limit playback and can
indicate this on the forms.
The following list will determine priority of cablecast whenever
there is a scheduling conflict:
1. Programs produced by CTV members
2. Community events not produced by CTV members
3. Bicycle Tapes (any programming not produced locally)
4. Repeats of previously cablecast programs
d. Series Programs
A series is defined as a program that is cablecast at the same
time, on the same day, each week.
To request a series slot, a Producer must submit two complete episodes.
CTV will provide a list of available time slots to choose from.
Once that time slot is selected, the Producer must submit a new
episode at least every other week to keep that time slot.
Series slots will be forfeited if the producer fails to provide
new original programming for more than two consecutive time slots.
After 20 consecutive non-repeating episodes have been produced,
the Producer can submit a written request for a hiatus during which
time the Producer has the option of submitting repeats for up to
three consecutive weeks.
In some cases, a waiver can be obtained by submitting a written
request for an extension showing the reason and length of time for
a hiatus. Email will not be accepted. Waivers will be granted at
the sole discretion of management. Once a time slot has been released,
it is available to any Producer.
e. Live Programs
Time slots and studio time for live programs must be scheduled
at least 14 calendar days in advance of the live program.
Due to the technical demands of live programming, a Producer must
successfully produce two live-to-tape programs before being certified
to produce a live program.
The Producer must be present and check in with staff one hour prior
to the start of the live program.
Crew and talent are required to arrive and check in with staff
thirty minutes prior to the start of the live program.
A live-event qualified staff member must be present for live programs,
and the CTV disclaimer must be included prior to the opening credits
and after the closing credits of each live program via a tape roll,
or a graphic.
Live programs with a studio audience require at least one usher
or audience wrangler, fire safety regulations be met, and no admission
be charged without prior arrangements with management.
Live programs require a certified crew member for each of the following
crew positions:
" Camera operator for each manned camera
" A Cable Page for each handheld camera
" Floor Director
" Technical Director (Switcher Operator)
" Graphics and Tape Playback
" Audio Engineer
Live programs utilizing telephone call in features will require
an additional crew member to handle those demands.
Live programming will be cancelled for any the following reasons:
Having inadequate crew at air time
Programs starting or ending late or early
Content violations
III. Political Programming
CTV itself will not produce any partisan programming but will assist
producers in providing non-partisan forums, such as live or pre-recorded
debates.
CTV encourages political candidates and other citizens to use the
public access channel to communicate their political views. Candidates
and other providers of political programs, as well as the programs
themselves, are subject to the same policies and procedures as any
other user of CTV.
IV. Underwriting, Sponsorship, Business-Friendly Programs
Producers are permitted to seek underwriting, sponsorship, grants
or other assistance for their production. Sponsorship for programs
may be obtained for goods, services, in-kind contributions and/or
donations. Because CTV offers its equipment and facilities at no
charge to the Producer, and the non-profit nature of PEG channels,
specific policies are in place regarding crediting underwriters
and sponsors of programs:
Credit for underwriting can be shown at the beginning and end of
the program, and/or breaks during the program.
Sponsor messages must include verbiage approximating a "PBS"
style: "This program is brought to you in part by…"
and may include the name, location, website and general nature of
the business. Hours of operation, telephone numbers and pricing
are not acceptable.
Graphics, text, video, music and voiceover may all be included.
The sponsor's name, location, website, and the general nature of
their business may be displayed. For example:
"This program is brought to you by Ed's Widget Works, on Main
St. in Keene….serving the Monadnock region's widget needs
for over 25 years."
Sponsor messages shall not include:
¢ Pricing or sale information
¢ Calls to action
¢ Comparisons/Contrasts
Producers must disclose all details of any sponsorship arrangements
in writing and submit this information with their Request for Cablecast
form. If at any time any program at or using CTV facilities or equipment
earns income exceeding one hundred dollars, CTV is entitled to 10%
of all gross monies received. Any program produced at or using CTV
facilities or equipment that is at any time sold, rented or earns
income exceeding one hundred dollars, CTV is entitled to 10% of
all net monies received.
CTV reserves the right to seek and/or approve sponsorship and collect
funds for any programming produced or cablecast at CTV facilities.
Producers are strongly encouraged to review their sponsor message
plans with management to avoid violating this policy.
V. Prohibited Material
The following programming content is prohibited. The list includes,
but is not limited to:
" Solicitation of funds or material for any and all purposes
including the promotion, advertising and sale of commercial products
and services. This includes but is not limited to:
" Having the intent to make a profit
" Any solicitation of funds by and/or for individuals
" Any lottery/raffle information
Community-based licensed non-profits are exempt from this rule.
VI. Viewer Feedback And Complaints
Audience Feedback: CTV encourages and welcomes feedback from its
audience. All comments should be addressed to:
Cheshire TV
PO Box 903, Keene, NH 03431
Feedback can also be made available to the producers of specific
shows through their contact information, or through CTV.
Any complaints regarding the content of any program will be referred
to the Producer. Any complaint that a program is in violation of
CTV policy will be reviewed. If the program is found to contain
prohibited content, it will be immediately removed from cablecast.
For a period of sixty days, all subsequent programs submitted by
that Producer will be reviewed for compliance prior to cablecast
at the discretion of the Executive Director. Any subsequent violation
of the prohibited content policy will result in a permanent requirement
of review.
VII. Use of Equipment and Facilities
a. General Policies
CTV equipment and facilities are available only for the production
of programs to be shown on the channel. Use for private, recreational
or commercial purposes is strictly prohibited.
Programming must be submitted within 14 days of the use of equipment
or facilities. Members who do not provide programming within 14
days of using equipment will be charged the value of the use of
the equipment and facilities as is specified on the reservation
form signed at the time the equipment is checked out.
No food or beverages are permitted in any CTV area. Bottled water
with a closing sports cap is permitted in the studio only.
Smoking is not permitted anywhere in the facility.
Members may only access areas of the building leased by CTV. This
includes the common entry, the public bathrooms, and rooms occupied
by CTV. All other areas are off limits.
Equipment is available only to members who have been certified
by the Executive Director.
Never leave equipment unattended.
Never leave equipment in a car.
Never leave equipment visible through car windows. Cover it or place
it in the trunk.
Never loan the equipment to anyone.
Never attempt to use the equipment in hazardous environments or
conditions, or do anything that would place you, other people, equipment
or property in danger.
Members are responsible for any loss or damage to equipment checked
out to them.
b. Reservations and Checking Equipment Out and In
" Producers using CTV equipment must use unused tape stock.
" Mini DV tapes must be Panasonic model # AY-DVM63PQ.
" Members wishing to use equipment or facilities to produce
a program must reserve equipment and/or facilities with a staff
member. Equipment and facilities are available for members to reserve
on a first-come first-served basis. Reservations can be made in
person, over the phone or via email.
" Reservations are non-transferable. The producer making the
reservation must be present at check out and cannot send a substitute
unless specific arrangements have been made in advance with the
Executive Director. This applies to returning equipment; the person
checking equipment in must be the same person that checked the equipment
out.
" A $10.00 per item, per day fee will be charged for equipment
returned later than the stated return time/date.
" Members are responsible for the CTV facilities and equipment
signed out to them. This includes responsibility for the actions
of guests, assistants, and others, and for loss, damage, or theft.
" Maximum check out time for equipment is forty-eight hours.
Longer usage is possible depending upon demand. Reservations for
equipment and facilities are limited to two per week per producer.
Exceptions may be made depending upon demand.
c. Post-Production (Editing) Facilities
" Editing time must be reserved by members certified in the
use of the editing equipment.
" No more than two people are permitted in an editing suite
at any one time.
" Members using the editing computers must comply with posted
instructions.
" Cancellations must be made within twenty-four hours.
" CTV Editing computers will be periodically "cleaned".
Any media not in a show folder will be deleted.
d. Studio Facilities
" Reserved for the length of the program plus one half hour
for setup and one half hour for strike.
" Producers are strongly encouraged to test all equipment prior
to starting a show.
" All crew must be members of CTV, and check in with staff
upon arrival. Volunteer crew must be certified for the job they
are to perform.
" Staff must be present for studio use.
" No crew or talent should arrive earlier than reservation
unless specific arrangements have been made with staff.
" Taping must be completed on time unless additional time is
available and authorized by staff.
" Studio must be clean and ready for next use at the end of
reservation.
" Studio use outside of normal hours must be approved by staff
at time of reservation
" Studio strike includes:
" All equipment stored in original condition and location
" Equipment is turned off or unplugged as appropriate
" AC or heat is off, or set to listed settings
" Tripods locked down at correct height, and rolled to their
"home" positions
" Cables coiled properly and stored correctly
" Furniture replaced to its "home"
" Anything brought in must be removed
" Floor and room clear of debris, trash removed
" A $10 cleaning charge will be charged for studio strike or
cleaning any time the studio is not restored properly.
e. Cancellations / No Shows
Please respect the needs of other users and make cancellations
at least twenty-four hours in advance. Failure to do so may result
in a temporary suspension or loss of privileges.
Reservations are not transferable.
If a producer does not show up within fifteen minutes of reservation
time, the equipment or facilities may be used by any waiting, certified
member.
f. Training and Certification
CTV offers opportunities for interested members to become familiar
and comfortable with equipment and facilities. Certification is
required for all equipment and facilities use, and training is available
by appointment for those who are interested.
VIII. Production Services
CTV offers production services to Producers who are unable to provide
their own technical crew, at no charge to the Producer beyond the
cost of materials. These services are available on a first-come,
first-served basis, subject to availability of equipment, facilities
and staff. The Executive Director will schedule an appointment with
the Producer to review the requirements of the program and determine
the appropriate level of staff involvement.
IX. Program Ownership and Distribution
a. Content Rights and Responsibilities
Producers maintain copyrights and ownership of the programs they
produce, and must release CTV from any and all liability resulting
from cablecast of the program. Producers may, at their discretion,
limit the number of times a program may be cablecast.
The use of the CTV name, logo or anything intended to identify
the program as a production of CTV is prohibited.
b. Disposition of Programs, Duplication, Distribution
No duplicates will be made for distribution nor will the program
be lent out to other channels or persons without the express written
permission of the Producer.
It is the Producer's responsibility to pick up their program after
30 days. After that time, CTV retains the right to dispose of or
recycle such media. Producers who are unable to pick up their programs
within the specified amount of time may leave a self addressed prepaid
mailer to ensure the return of their media.
For duplications, producers will pay the current rate for duplication.
Producers must take all media with them during production and post-production.
CTV is not responsible for media left at the facility.
X. Standards of Conduct
a. General Standards
It is expected that all participating individuals will conduct
themselves in a responsible and appropriate manner at all times,
and never interfere with CTV activities or programs, or that of
its members.
CTV facilities are for producing programming for the channel, training,
and for specific volunteer purposes only. Loitering is not permitted.
Any action or behavior that adversely affects the safety of others
or the security of CTV is prohibited.
CTV has a zero-tolerance policy towards verbal or physical abuse,
threats or acts of violence towards any person. Any such behavior
will result in the immediate removal from the facilities of the
individuals involved, and permanent revocation of membership privileges.
Possession or use of any illegal substance or any weapon is prohibited.
CTV computers, fax machines, and telephones are for use by CTV
staff ONLY.
Personal property is not the responsibility of CTV.
b. Eating, Drinking and Smoking
Food, gum and beverages are not permitted in any CTV area.
Smoking is not permitted anywhere in the building.
c. Drug and Alcohol Use
Being under the influence of alcohol or drugs while using CTV equipment
or facilities is prohibited.
d. Interaction with Staff and Volunteers
CTV reserves the right to refuse to provide access to any person
or group who is under the influence of alcohol or drugs; who interferes
with the orderly conduct of business; who refuses to cooperate with
or in any way abuses or disrespects staff, volunteers, and community
members; who has misused equipment of facilities or has abused the
privileges of CTV.
e. Harassment Policy
It is the policy of CTV to provide an environment in which all
members may work and learn in an atmosphere of respect for the dignity
and worth of all its members. It must be free of sexual harassment.
Sexual harassment is not only illegal but also unacceptable and
impermissible conduct towards which CTV will maintain a zero tolerance
policy.
Harassment on the basis of sex constitutes unlawful sex discrimination.
Unwelcome sexual advances, requests for sexual favors, and other
verbal, non-verbal and/or physical conduct of a sexual nature constitutes
sexual harassment when (1) submission to such conduct is made either
explicitly or implicitly a term or condition of achievement or related
matters, (2) submission to or rejection of such conduct by an individual
is used as the basis for achievement or related matters affecting
an individual, or (3) such conduct has the purpose or effect of
unreasonably interfering with individuals performance, ability to
achieve, or related matters, or creating an intimidating, hostile
or otherwise offensive environment. Behavior of this nature should
be immediately reported to staff, the Executive Director and/or
the Board of Directors.
f. Statement of Non-Discrimination
No member shall be denied access to CTV equipment or facilities
or channel time on the basis of race, color, sex, sexual preference
or orientation, gender identity, age, veteran status, ancestry,
national or ethnic origin, disability, or religious or political
affiliation.
XI. Rules Violations and Penalties
a. Minor Violations and Resulting Penalties
Minor violations include but are not limited to:
" Failure to cancel reservations, no show
" Late return of equipment without approval
" Mishandling of equipment
" Eating, drinking, or smoking in inappropriate areas
" Failure to return facilities to proper condition after use
" Loitering
" Neglect of policies and procedures
Penalties for minor violations will be based on a 12 month rolling
calendar:
First offense - Verbal warning
Second offense - Written warning
Third offense - 30 day suspension of use of equipment and facilities
Fourth offense - Permanent suspension
b. Major Violations and Resulting Penalties
Major violations include, but are not limited to:
" Unauthorized or commercial / profit-making use of equipment
or facilities
" Harassment of any individual
" Handling off-limits equipment or being in-off limits areas
" Falsifying forms
" Taking equipment without authorization/theft
" Abuse of equipment, including reconfiguration or attempted
repair
" False statements regarding any CTV operation and/or its staff
" Committing any unlawful act while on the premises or while
using CTV equipment
" Vandalism
" Possession or use of any illegal substance
" Possession or use of any weapon.
Penalties for major violations will NOT be based on a rolling calendar:
First offense: 90-day suspension of all equipment and facilities
privileges.
Second offense: Permanent forfeiture of privileges.
Additionally, any costs incurred will be paid by the member.
No penalties will be interpreted to deny the user of access to
channel time, only the privilege of use of CTV equipment and facilities.
c. Grievance Procedures
Members are strongly encouraged to resolve differences at the staff
level. Any grievance regarding policies shall first be discussed
with the CTV management. If this does not result in a satisfactory
solution, or if the grievance is with the Director, a formal grievance
may be filed with the Board using the following procedure:
Anyone aggrieved by the management, or a decision of the Director
or any interpretation of the policies may file a written appeal
to the CTV board. The appeal should specifically describe the grievance
and cite applicable policies. Supporting documents and statements
may be included. The CTV board will, within thirty days of receipt
of written grievance, hold a hearing on the complaint. The CTV Director
will be provided a copy of the written complaint. No formal rules
of evidence or procedure will be required for such a hearing, but
the CTV Board will hear all evidence it deems relevant to the matter,
and will permit all involved parties to address the issues raised.
Within thirty days of the close of a hearing, the CTV Board will
issue a final written decision.
Copyright
Issues
This section is intended to clarify questions regarding copyright,
and guide members as to what can and cannot legally be cablecast
by Cheshire TV.
Copyright law is actually pretty simple and easy to adhere to. Most
problems arise when a person is trying to get around the law, and
people have come up with many justifications as to why their actions
are legal. The truth is, more often than not, when someone thinks
they are not infringing on copyright law, they are. In fact, the
best rule to follow is "if you THINK you MIGHT be infringing
on a copyright, you probably are".
Here are some essential facts that you need to know:
Any work is considered protected by a copyright as soon
as it exists.
This includes incpomlete work. As soon as something is tangible,
it is protected.
You
don't need to make money from something to commit an act of infringement.
Many people believe that if they tape something for their own use,
or tape something and then give it away, or do not profit, they
are doing nothing wrong. This is not true. Copyrights protect the
owner from anyone COPYING the work. In other words, if your child
is in a play at school, and you tape it just for your home movies,
you have broken the law.
Performance license is NOT a license to tape or otherwise
reproduce.
Companies that sell performance licesnses to schools etc for plays
are permitting performance of the work, and that contract specifically
states that videotaping is not permitted, even for home use.
Copyright owners DO prosecute cases of infringement.
Especially in the digital age. Copyright is all about protecting
the rights of the artist or owner of the copyright, and in an age
where a person can videotape a performance and within hours it can
be available on the internet to millions of viewers globally, copyright
owners agressively act to protect their interests. The law is quite
clear, and cases are never won by the defendants. If you do not
own something, you do not have the right to share it, sell it, or
give it away. Elementary schools, junior high schools, high schools
have all been sued for copyright infringement and lost.
Mature
Content Programming
The FCC’s regulations concerning safe harbor or safe
haven concern only indecent programming, which is defined by the
FCC as follows: “language or material that, in context, depicts
or describes, in terms patently offensive as measured by contemporary
community broadcast standards for the broadcast medium, sexual or
excretory organs or activities.
Indecent
programming contains patently offensive sexual or excretory references
that do not rise to the level of obscenity.
Indecent programming may, however, be restricted in order to avoid
its broadcast during times of the day when there is a reasonable
risk that children may be in the audience”.
These FCC regaultions apply to broadcasters and to some extent possibly
cable channels, but do NOT apply to Public Access channels.
The
FCC traditionally refers complaints about programming under these
rules back to the municipality that regulates the access center.
Most municipalities have adopted the FCC standards on obscenity
and indecency and enforce local community standards for PEG cablecasts.
Cheshire TV does not preview or review public access programming,
and will never exert "prior restraint" on a public access
program. Cheshire TV's Policies and Procedures allow us to restrict
cablecast programming with excessively violent material, profanity,
nudity, or graphic medical procedures. Typically those programs
will be restricted to "safe harbor" hours between 10:00pm
and 4:00am.
When
it comes to controversial (not illegal) content in programming,
the response should be to encourage more speech, as opposed to enforcing
silence. Furthermore, Cheshire TV is forbidden by law from censorship,
or content control. Cheshire TV encourages anyone who disagrees
with a program to produce counter-programming presenting an opposing
point of view, or otherwise responding to the program in question.
Illegal
and/or Obscene Programming
Please note: Some courts have determined that material
that is so-called “XXX” or “hardcore” pornography
is legally obscene and is not permitted to be cablecast on public
access. At no time may such constitutionally unprotected material
be cablecast on the channel. Producers of such material may
be subject to prosecution.
Information about any lottery, gift enterprise, or similar scheme
offering prizes gained by lot or chance or any whole or partial
list of prizes awarded by lottery, gift enterprise or similar scheme
is prohibited. (Violation of this rule is subject to criminal liability
under federal law, Title 18, U.S.C. Sec. 1304.) For example, a program
violates this if it is connected with a valuable prize awarded to
any person selected by lot or chance, if the winner is required
to furnish anything in exchange for the prize, or if the winner
is required to buy or have any product from a sponsor of the program.
Material which is intended to defraud the viewer or designed to
obtain money by false or fraudulent means is prohibited.
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