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Few Words About Copyright Issues II.
Programming Pg. 6 III.
Use of Equipment and Facilities Pg. 13 IV.
Program Ownership and Distribution Pg. 16 V. Standards
of Conduct Pg. 18 VI. Community Bulletin Board Pg. 19 VII.
Rules Violations and Penalties Pg. 20 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 remain in effect until the CTV Board of Directors approves a revised edition. All material in this handbook is subject to adoption and amendment by the Board. Any amendments will be posted on the channel website (www.CheshireTV.org) and made available to all subscribers to the channel’s newsletter and email list. 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. CTV is the result of the franchise agreements between Keene, Marlborough and Swanzey and the local cable service provider, Time Warner Cable, Inc. CTV
is a non-profit corporation established in 2005 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
exists to further the educational missions of local schools and
institutions. c. Funding, 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. “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. We seek
to present a broad range of programming that expresses a diversity
of perspectives; to establish a broad base of community understanding
of and involvement in public access television; to encourage community
support for access productions; and to furnish an electronic conduit
for uncensored free expression. We further intend to assess community
response to programming on the public access channel and to aid
in the development of additional programming; to ensure continued
community access to and use of these channels through sound management;
and to participate in the e. Location and Hours CTV’s offices and facilities are located at 76 Winter St., next to the Public Library, in Keene, NH. Telephone:
(603) 283-6621 Hours
of operation: In special circumstances, additional hours may be arranged on a case-by-case basis. f. Membership Eligibility and Fees There are many different ways to participate in Community television. You can be a Producer, a sponsor of programs or events, a production assistant, a crew member, a volunteer, a performer, a reporter, an artist, or many others. CTV
wishes to remove as many barriers to participation as possible while •
Resident of Keene, Swanzey, Marlborough or community within the
franchise area, and their dependents Any member of the public not meeting the above criteria has the option of becoming a member by paying an annual membership fee of $50.00 (or $75.00 per family). Persons who do not meet the criteria and choose not to become a paid member may participate only as non-equipment operating volunteers. All eligible potential members must further meet the following requirements to make use of CTV equipment and facilities: •
Provide proof of eligibility. A driver’s license, employee
ID, student, ID, etc. Although membership is free to those individuals eligible, we welcome and encourage donations to help defray administrative costs. Suggested annual donations are: Individual:
$ 25.00 Members
are volunteers, not employees of CTV, and should not represent themselves
as such, nor speak on behalf of CTV without prior approval of CTV
staff or the Board. CTV serves members of all ages. Users under the age of eighteen cannot be held to any legally binding agreement and therefore a parent or legal guardian must co-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. In cases where a school or other organization involving minors is acting as a Producer, the representative of the school has the option of acting as co-signer, or obtaining the necessary signatures from parents or guardians. CTV management reserves the right to assign various certifications to minors based upon their experience and demonstrable proficiency with equipment. II. Programming a. General Policies Any member may request channel time to cablecast a program. Producers of programs are solely responsible for and should be familiar with the content of that program. This includes but is not limited to issues of: •
Libel Programs produced by anyone outside the franchise area with equipment other than that of CTV are considered bicycled. They will be accepted only if they meet the following requirements: •
They must be submitted by a member who assumes the responsibilities
of Producer If a program has mature content or themes (nudity, adult language, violence, and graphic medical procedures, etc.) the Producer shall inform CTV of the nature of the content prior to scheduling. CTV will then schedule the cablecast between the hours of 10:00 pm and 4:00 am. In addition, the program must contain a disclaimer at the beginning which states verbatim: “The
following program contains material Producers must sign a Cable Time Request form which includes language that will indemnify CTV from any liability of any kind whatsoever that might arise from the cablecast of the program. b. Program Requirements Programs can be submitted for cablecast on the following formats: •
MPG2 Data DVD 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, plus the cost of stock. Producers
using CTV equipment must use unused stock. All paperwork must be properly completed before a program can be cablecast. Minimum Technical Requirements for Cablecast: Programs must include the following: •
30 seconds of black video with no audio “This
program was provided by an independent producer (An alternative slate can substitute the words “this channel” for “CTV”). Any program presented without these requirements can have them dubbed in by CTV at the standard duplication rate. No exceptions will be made to this policy. 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, Cheshire
TV, or the Time Warner cable system is having technical difficulties. 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 Director of Operations. A disclaimer advising viewers that portions of the program may have technical issues must then be inserted at the head of the program. CTV reserves the right to withhold cable-casting of programs which do not meet minimum technical standards. The
CTV schedule runs from 12:00:00 am Sunday to 23:59:59 Saturday. Labeling Requirements Programs must be labeled on the media (and case if applicable) in legible lettering with the following information: •
Complete Program Name (and first air date, if in a series) c. Live Programs Channel time slots and studio time for live programs must be scheduled at least two weeks in advance. Due to the technical demands of live programming, a producer must successfully produce two live-to-tape programs as part of their training before being certified to produce a live program. The Producer must be present one hour prior to the start of the live program. Crew and talent are required to arrive 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 require a certified crew member for each of the following
crew positions: Live programs utilizing telephone call in features will require an additional crew member to handle those demands. Live programming will be cancelled will be for any the following reasons: Having
inadequate crew at air time d. Series Programs A series is defined as a program that is cablecast in a regular time slot on the same day, daily, weekly or monthly that features a consistent theme or format. Series slots will be allocated at the discretion of the Executive Director if ample time remains for other programs. To receive a series slot, a Producer must have at least two complete episodes already produced, and demonstrable pre-production plans for the third and fourth. Demonstrable plans include a script, a production schedule, or partial production already in progress. Series slots will be forfeited if the producer fails to provide new original programming for more than two consecutive time slots. A waiver can be obtained by submitting a written request for an extension showing the reason and length of time for a hiatus. Waivers will be granted at the sole discretion of the Executive Director. e. Scheduling Before any program will be scheduled, it must be submitted according to the requirements in Section 2B, along with the completed paperwork. All time slots are available 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 furnished 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. Productions produced at CTV or by CTV users 2. Community events not produced at or by CTV users 3. Bicycle Tapes (any programming not produced locally) 4. Repeats of previously cablecast programs f. 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. g. 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: CTV encourages its members to exercise their First Amendment rights. 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. h. Viewer Feedback Audience
Feedback: CTV strongly encourages and welcomes feedback from its
audience. All comments should be addressed to: Feedback can also be made available to the producers of specific shows through their contact information, or through CTV. We offer a wide variety of ways to reach us: mail, phone, fax, e-mail, web forms, etc. Periodic email and web surveys will be utilized to keep in touch with what the community thinks and feels about CTV. We serve the community, and we want to hear what the community has to say. III. Use of Equipment and Facilities a. General Policies CTV equipment and facilities are available only for 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. No food or beverages are permitted in the CTV area or green room. Bottled water with a closing sports cap is permitted. 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. Equipment is available only to members who have completed training classes and workshops, or are otherwise certified by the Director of Operations Never
leave equipment unattended. Members are responsible for any loss or damage to equipment checked out to them. b. Reservations and Checking Equipment Out and In • 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 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. Post-Production (Editing) Facilities •
Editing time must be reserved by members certified in the use of
the editing equipment. Studio Facilities •
Reserved for blocks of one hour for every thirty minutes of show
time, not to exceed eight hours in one day. Studio strike includes: •
All equipment stored in original condition and location Cancellations
/ No Shows Video
Vulture Policy: Scenic
Storage c. Training and Certification CTV offers opportunities for interested members to become familiar and comfortable with equipment and facilities. Certification is required for most equipment and facilities use, and workshops will be offered to meet the needs of the community and individuals. Experienced Producers and other volunteers may bypass classes by demonstrating proficiency with the equipment, subject to the approval of the Director of Operations. Orientation - Required for membership This short class will introduce new users to the facility and present an overview of the policies. This requirement can be fulfilled by attending and registering for membership at an open house, a workshop, or scheduling a meeting with the Director of Operations. Membership will be issued to all who complete this requirement and present proof of eligibility. This is the only requirement for any person wishing to submit a program to be cablecast. Intro To Field Production – (prerequisite: Orientation) Covers the basics of available portable cameras and their correct use, tripods, audio, and lighting. Completion of this class will certify the user to reserve, check out and use CTV field equipment. Basic Editing – Membership required Covers the basics of using the available editing equipment, and editing techniques and theory. Participants will have the opportunity to bring in their own footage to use in practice for certification. Completion of this class will certify the user to reserve and use the CTV editing suites. As need develops, advanced workshops will be held to certify members in the use of various other equipment and techniques and skills to further improve their confidence. Advancement in skills such as lighting, audio, handheld camera work, technical directing, editing, production assistant and others will be offered. This is a great opportunity for members to hone their skills and be more valuable to Producers and increase their value to the channel. The more skilled members there are, the more Producers (including you!) have to choose from. These workshops are intended to enhance the production values of all programming on CTV to the benefit of all users and viewers and the general community. Additional workshops may involve a nominal fee to cover tape stock, materials and instructor time. Advanced Video Production In-depth workshop covering the complete production process from start to finish. Includes all skills needed to produce a program, and a program project to be cablecast will be the basis of each person’s completion of the workshop. Intro To Studio Production (required for Directors and Producers wishing to use studio) In-depth workshop covering the entire studio facility, related equipment and crew positions. This workshop will result in at least one live-to-tape program ready to air. Live
Event Production / Remote Production (required for members wishing
to produce Designed
to familiarize participants with the many various challenges and
unique Persons wishing to register for workshops must fill out a registration form available on the website, or at the offices. Any fees must be paid prior to attending the class. IV. 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 without written approval from the Executive Director which can be obtained by a written request, accompanied by a summary of the program content. Review of the program may be necessary to obtain approval. CTV is required to retain one copy of any program cablecast for a period of 30 days. 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 four weeks of cablecast submission. Any program left at CTV longer than four weeks becomes the property of CTV and CTV retains the right to dispose of or recycle such media in any manner that it elects. 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. Duplication Rates: Rates are per copy, and do not include cases, custom labeling, or stock media. Blank media costs will be at the prevailing local retail rate for comparable stock. Duplications are made at the rate of $10 per partial hour of material, plus stock. c. Underwriting, Sponsorship, Business-Friendly Programs Producers are encouraged to seek grants or underwriting to assist with any costs of their production. Sponsorship for programs may be obtained for goods, services, in-kind contributions and/or donations that aid programs. Because CTV offers its equipment and facilities at no charge to the user, and the non-profit nature of PEG channels, and various laws, specific policies are in place regarding crediting underwriters and sponsors of programs: Credit for underwriting can be shown only at the end of a program’s credits. The sponsor’s name, business, and the general nature of their business can be listed, for no more than fifteen seconds. Black and white logos are permitted. Spoken words or any audio, advertisements, music, motion video, calls to action or other graphics apart from logos are not permitted. It is likely that a business will have an interest in producing a program that in some way relates to their business. For example, a restaurant owner may wish to produce a cooking show, a plant store may wish to produce a gardening show, a fabric store may wish to produce a quilting show or a gym may wish to produce a show about physical fitness or self defense. This is permitted as long as the content of the program is informative and educational in nature, benefits the general public, and does not specifically seek to sell a product or service. Prohibited content includes highlighting or praising a particular brand name or service provider, or calls to action. Names of businesses can be mentioned, but not phone numbers, addresses, locations or hours of operation. The program must be clearly for the benefit of the public and not for the purpose of financial gain. Decisions regarding this are at the sole discretion of the Director of Operations. CTV reserves the right to seek and/or approve sponsorship and collect funds for any programming produced or cablecast at CTV facilities. 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. V. Standards of Conduct a. General Standards It is expected that all participating individuals will conduct themselves in a responsible, mature and appropriate manner at all times, and never interfere with the orderly conduct of any CTV activities or programs, or that of its users. Time spent at CTV facilities is to be used 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 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 or the green
room. c. Drug and Alcohol Use Being under the influence of alcohol or illegal 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 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 reported to the Director of Operations and/or the Board of Directors.
No community member or group shall be denied access to CTV equipment or facilities or channel time on the basis of race, color, sex, age, disability, religious or political affiliation or sexual orientation. VI. Rules Violations and Penalties a. Minor Violations and Resulting Penalties Minor violations include but are not limited to: •
Failure to cancel reservations, no show Penalties for minor violations will be based on a 12 month rolling calendar: First
offense - Verbal warning b. Major Violations and Resulting Penalties Major violations include, but are not limited to: •
Unauthorized or commercial / profit-making use of equipment or facilities Penalties for major violations will NOT based on a rolling calendar: First
offense: 90-day suspension of all privileges. No penalties
will be interpreted to deny the user of access to channel time,
only the privilege of use of CTV equipment and facilities. 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: 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 You
don't need to make money from something to commit an act of infringement. Indecent
programming contains patently offensive sexual or excretory references
that do not rise to the level of obscenity. 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. The
time will be determined by Cheshire TV staff, generally after 11:00
pm, and before 4:00 am, in order to preserve a safe haven for viewing
by “all audience members”. Mild Adult: intended for mature audiences only: may be aired between the hours of 11pm to 5am. This category of programming intended for adult audiences may include infrequent profanity, mild violence, and brief frontal nudity of a non-sexual or non-erotic nature. This category is similar to what viewers are generally accustomed to seeing in stronger MPAA* PG-13 rated material, and some mild R rated material, or on some network broadcast and cablecast television (TV-14 or TV-MA) after 11pm. Strong Adult: intended for mature audiences only that may include constitutionally protected “indecent” speech: may be aired between the hours of 1am to 4am. This category includes any uses of ultra profance language or depictions of nudity that is persistent or otherwise goes beyond brief or infrequent uses. This category is similar to what viewers are generally accustomed to seeing in stronger MPAA* R, NC-17 and X rated material, or in some cable TV pay-channels or pay-per-view channels. 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
or Obscene Programming Please note: the 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 times 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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