§ 9-8. Cablecasting on public access channel.

(a)

Pre-recorded programs are cablecast on a public access channel.

(b)

A user seeking cablecast time must submit the following to the public access media services manager:

(1)

Application for cablecast;

(2)

Statement of compliance; and

(3)

A signed access program contract.

(c)

The application for cablecast shall, at a minimum, contain the following:

(1)

The name, address and contact information for the user and, if different, the sponsor;

(2)

The length of the program;

(3)

The preferred time slot for airing the program on a specific public access channel.

(d)

The statement of compliance shall, at a minimum, contain the following:

(1)

Whether any program submitted contains indecent content and if so, a statement that the user or sponsor agrees that such programming may be aired on the public access channel between the hours of 10:00 p.m. and 6:00 a.m.

(2)

A statement that the user or sponsor understands that false or misleading statements made in the application for cablecast, statement of compliance, and access program contract are grounds for forfeiture of the right to use PEG facilities and equipment or the public access channel.

(3)

A statement that the program user or producer understands that the application for cablecast and statement of compliance will be on file at the PAC and available to any local person to view during regular business hours.

(4)

A statement that the user or producer understands that her/his program recording will be cablecast based on information provided on the application for cablecast, the statement of compliance and the access program contract. Any inconsistencies may result in aborted playback. Repeat violations may result in denial of a user or producer's right to cablecast on the public access channels.

(5)

A statement that the program user or sponsor has obtained (or, before the programming material is cablecast, will obtain) all approvals, clearances, licenses, and similar authorizations that may be necessary for the use of any program material to be cablecast, including, but not limited to, approvals by broadcast stations, networks, underwriters, music licensing organizations, copyright owners, performers' representatives, and all persons appearing in the program material.

(6)

A statement that the program user or producer agrees that he/she shall not represent himself/herself or any other person involved in public access cablecasting or productions as an employee, representative or agent of the PAC, the local cable company/companies, or the City of Laredo.

(e)

The access program contract shall contain the following:

(f)

Each videotape or other recording submitted to the PAC should contain one (1) program only, and be submitted directly to the public access media services manager. Mailed tapes should be addressed to public access media services manager.

(g)

Every program submitted for cablecast must be clearly labeled with the title, the name of the user or sponsor, and length (accurate to the second; do not round off times to the minute). The title should appear on both the face and spine of the tape or disc and case. The program should be preceded by thirty (30) seconds of color bars and tone, a slate (title, length, date of completion and producer's name), and a ten-second countdown.

(h)

Time slot scheduling. After all documents required by subsection 9-8(b) have been provided, the public access media services manager will meet with the user or producer to develop scheduling which is advantageous to both the user and the viewing audience.

(1)

Reruns. producers are encouraged to rerun programs a reasonable number of times.

(2)

Programs must be scheduled to begin on the half-hour or on the hour.

(3)

Program length. Viewing audiences tend to select channels on the half-hour or on the hour. These viewing habits should be considered when writing and producing public access programs. However, in order to promote variety in program content, the PAC will consider accepting programs of any length.

(4)

Priority. Although time slots are generally scheduled on a first-come, first-served basis, the following channel priorities shall normally be observed:

a.

Should requests for time exceed public access channel availability on a requested date, priority for that date will be given to first-run series programming submitted, and then to first-run programming submitted and then to second-run programming submitted.

b.

Locally-produced programming shall have priority over programming from other sources.

c.

First-time cablecasts shall have priority over repeat showings.

(5)

Time limits. Each user and each producer has a two-hour limit of programming time per week. Exceptions to this two-hour time limit will be made by the public access media services manager only for users or producers who can submit on a regular basis new, never-seen-before programs which exceed this minimum. Regularly-scheduled reruns are not included in the two-hour time limit.

(6)

Regular time slots up to thirteen (13) weeks in duration may be scheduled by any user with the understanding that first-time users will be given preference at renewal time; however, a user may be required to give up a regular time slot if programs are not provided as scheduled.

(7)

To assure a requested time slot, media must be submitted directly to the public access media services manager by the Friday preceding the week of the scheduled cablecast.

(8)

Programs which contain indecent content may be cablecast only between the hours of 10:00 p.m. and 6:00 a.m. The sponsor is requested to notify the programming department that her/his program(s) contain such content.

(9)

If a legally-qualified candidate for public office personally appears on the public access channel in connection with his or her campaign during the period sixty (60) days prior to a primary, general, or special election, priority shall be given to requests for cablecasts by opposing legally-qualified candidates for the same office. The same priority shall apply to proponents and opponents of ballot issues during the same timeframe. Members of the public may determine who has requested time by inspecting the public records maintained by the PAC for all programming pursuant to the "public records" section of this article, section 9-13.

(i)

Videotapes or discs must meet technical standards necessary for transmission on the cable system. PAC staff will assist producers and users in every way possible in meeting these standards. These standards include, but are not limited to, the following:

(j)

PAC will make every effort to provide a secure facility to store all recordings for the brief time they are here. However, PAC cannot be responsible for the loss of the contents of any recorded media. If it is determined that a recording has been lost or damaged through PAC error, PAC will reimburse a producer or user for the cost of normal consumer-grade replacement tape or disc stock only. It is strongly recommended that dubs (copies) of programs be submitted for cablecast, and that the edited masters be carefully stored elsewhere by their owners.

(k)

It is the responsibility of the user or sponsor of a program to deliver the recording to PAC and to make arrangements to pick it up after its final cablecast. PAC will assume no delivery costs. Persons wishing to have their recording(s) returned by mail must include a self-addressed stamped envelope or envelopes with the submitted recording(s).

(l)

The PAC staff will notify users or producers whose recording(s) have not been picked up in a timely fashion. PAC reserves the right to dispose of any recording thirty (30) days after the user or producer has been requested to pick it up.

(m)

Exceptions to the rules in this section 9-8 must be approved in writing by the public access media services manager and all programming must be approved by the public access media services manager.

(Ord. No. 2009-O-052, § 2(Exh. A, § 7), 4-6-09)