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HomeMy WebLinkAbout98-106Resolution No. 98- /0 ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ADOPTING THE PROCEDURES FOR USE OF THE COMMUNITY CALENDAR FOR THE PORT TOWNSEND TELEVISION STATION (PTTV) The City Council of the City of Port Townsend, Washington, does resolve as follows: WHEREAS, as a consequence of the funding obtained from the renewal of the franchise agreement with Summit Cablevision in 1996, the City's decision to devote the entire 5 % franchise fee to the Public, Educational and Governmental (PEG) Access Channel, and the Interlocal Agreement with the Port Townsend School District, the City has proceeded with its plans to establish a PEG access studio; and WHEREAS, the City has hired two independent contractors to act as the PEG Coordinators; they and the PEG Access Coordinating Committee project that the full operation of PTTV will begin by early 1999; and WHEREAS, the first step in the operation of the PTTV studio is the rUnning of a character generator, known as the "community calendar," which enables PTrv to directly communicate to all cable subscribers in Jefferson County; and WHEREAS, the City has purchased a character generator and is in the process of setting it up to begin running a community calendar within the next few weeks; and WHEREAS, the PEG Access Coordinating Committee has approved the running of KSER, a non-profit, volunteer-operated, community radio station, as background music and programming to the community calendar; and WHEREAS, the community calendar will initially run 24 hours/day (unless otherwise determined by the PEG Coordinators), and later (once the studio is in full operation), it will run outside of regular, scheduled programming; and ~, the community calendar is intended to keep the viewing public apprised of public, governmental and educational events, meetings, information, announcements, and other pertinent information of general public interest; and WHE~, in order to ensure that the community calendar is utilized for public purposes in accordance with applicable federal law, the City needs to adopt operating rUles and policies for the public, educational and governmental use of the community calendar; and WHEREAS, the PEG Access Coordinating Committee has extensively reviewed the Procedures For Use of the PTrv Community Calendar (attached to this resolution) and has unanimously recommended its adoption, NOW, THEREFORE, BE IT RESOLVe, by the City Council for the City of Port Townsend that the Procedures for Use of the PTTV Community Calendar are hereby adopted in substantially the same form as attached. The PEG Access Coordinating Committee is authorized to make changes to these Procedures without further Council action; provided, however, that any majo~ changes (i.e., changes of a substantive versus purely procedural nature)shall be copied to the City Council. All changes of a major or minor nature shall first be approved by the City Attorney and City Administrator/City Manager. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 5th day of October, 1998. Attest: Pam Kolacy, City Clerk Attachments: Procedures for Use of PTTV Community Calendar; Request for Use (form). 09/30/98 [Cable]Re~{ehar-gen.res} Juli~cCull~h, Mayor Approl ~cI as to Form: I 2 Res. 98- ATTACHMENT A includes: PROCEDURES FOR USE OF THE PTTV COMMIJINqTY CALENDAR (Channel 42) and REQUEST FOR USE OF THE COMMUNITY CALENDAR PROCEDURES FOR USE OF THE PTTV COM TY CALENDAR (Channel 42) The City of Port Townsend coordinates through the PEG Access Coordinating Committee ("Committee"), the gathering, formatting, and programming of information from government, education, and public sources for display on the Port Townsend Cable Television Public, Government, and Education Access (PEG Aec, ess) Channel. The Port Townsend Cable PEG Access Channel 42, known as PTrV, is used to distribute information concerning governmental, educational, and community activities and services as well as information of general public interest. PTTV enables communication directly to all Port Townsend cable subscribers to keep them better informed and serves as a community calendar, which will mn at designated times of the day outside of regular, scheduled programming, and is intended to keep the viewing public apprised of public, governmental and educational events, meetings, information, announcements, and other pertinent information of general public interest. It is the policy of PTTV to serve community calendar users on a non-discriminatory basis. A. GENERAL RULES FOR USE OF CHANNEL 42 CHARACTER-GENERATED INFORMATION (THE COMMUNITY CALENDAR) 1. Availability for Use. The community calendar is available for use by persons who work or reside in Jefferson County, local, state, and federal governmental agencies, the educational community, nonprofit organizations, and community service groups. The information is updated on a regular basis. 2. Prohibited information. The following categories of information shall not be transmitted: a. Commercial advertising; provided, that this section shall not prohibit requests for donations by nonprofit organizations and community service groups for a particular cause. b. Political advertising and campaigning for issues and candidates. c. Lottery information. 3. Applicant Responsibility. The applicant must warrant and represent that no portion of the message promotes any activity which is illegal under city, state, or federal law, which is defamatory, misleading, fraudulent, obscene, or indecent under prevailing legal standards, or which constitutes copyright infringement or invasion of privacy. By signing the attached q 8-to Procedures: PTTV Community Calendar (Channel 42) Page 2 request for use form, the appliCant agrees to indemnify and hold harmless the City of Port Townsend for any and all expenses associated with violation of this agreement. 4. City Reservation of Rights. The City reserves the right to refuse to transmit any or all portions of a message, which violates city, state or federal law. 5.. 15qority Use and Allocation of Use. a. General public use is limited to persons who work or reside in Jefferson County or who are sponsored by person(s) working or residing in Jefferson County. b. In the event that the capacity of the character generator is reached, excluding PEG' information and programming information (which takes priority), daily use shall be allocated as follows: Pages/screens information percentage 60% Government - Education 30% Religious and spiritual groups - Community groups -Nonprofit organizations 10% General public use c. Notwithstanding the above, emergency information shall always be given priority transmission rights at the direction of the Coordinator(s), and may displace all other information. 6. Determination of Compliance. The PEG Access Coordinator(s) will make the initial decision whether messages comply with these rules and are to be placed on the channel, subject to the oversight authority of the PEG Access Coordinating Committee. 7. Announcement Requirements. Announcements of events must indicate whether they are free or there is an admission charge. An information number should be provided. The announcement must be in the form described in Section B of these Procedures. 8. Message Length. Messages will generally run for a minimum of three days and maximum of seven days. The Coordinator(s) may, in their discretion, allow a message to run for a longer period of time if space availability exists. 9. FCC Rules on l~e with City. All applicable FCC rules apply to use of the character generator and are on file at the public information desk at City Hall, 540 Water Street. 10. Resolution of Dispute. Disputes regarding decisions of the PEG Coordinator(s) regarding use of the character generator shall be resolved by the PEG Access Coordinating Committee at its regularly scheduled meetings, provided that the reasons for the appeal and the remedy requested must first be identified in writing and submitted to the Committee prior to the meeting. A disagreement with the findings of the Committee may be appealed to the Port Townsend City Council. Any such appeal must be fried within five working days of the Committee's decision, and must be in writing and accompanied by a filing fee of $15.00. Procedures: PTTV Community Calendar (Channel 42) Page 3 B. PREPARATION OF ALPHANUMERIC INFORMATION FOR DISPLAY ON THE COMMUNITY CALENDAR 1. Requesting the Forms. The Request for Use of the Community Calendar forms must be used when submitting messages for display. (See sample form enclosed as Attachment 1.) All of the required information must be filled in and the form signed, before the message will be displayed on Channel 42. Forms are available either by mail or pick-up at the PTTV office at 1610 Blaine Street, Port Townsend, WA 98368; at the public information desk at City Hall; at the Port Townsend Public Library; and at any other designated locations. The forms may be downloaded from the PTTV web site, http://www~olympus .net/personal/pttv. 2. Submitting Forms. City government forms may be submitted either to the city clerk or to the PEG Access Coordinators at the above address. Educational and public forms must be submitted directly to the Coordinators, either by mail at the above address, by Facsimile at 360-385-4872 or personally delivered during office hours. A letter slot is provided in the front door of the studio at the south end of the Gael Stuart Building on the Port Townsend High School campus for after hour drop off. All message forms must be received 5 working days prior to the display date. E-mailed submissions will not be accepted. Filling Out the Forms · Each form must be filled out completely, signed and dated. · Each form must contain only one message. Messages should be succinct and as brief as possible to make televised presentation readable. · Generally speaking, most messages should contain a headline that conveys the main idea of the message. It should attract attention and encourage the viewer to read the message. All organizations, groups or agencies desiring to use the character generator must provide the Coordinators with a list of individuals authorized to submit messages on behalf of the organization, group or agency. Message Style and Format 1. A style sheet will be generated by the Coordinators as soon as the character generator is available for testing but general considerations for message readability would be font size, font color, graphic/background color the font will aPpear against, line breaks and page breaks. It must be remembered that submissions generated on computer will be vastly cleaner and more readable than they are viewed on a television screen. Small fonts and subtle colors that look good on a computer monitor will not look as good on TV. Line breaks will wrap differently Procedures: PTTV Community Calendar (Channel 42) Page 4 and consequently pages generated on computer will look differently on TV. Recommendations to standardize this process will be made by coordinators once CG is on site. 2. Background graphics for messages will be provided by PTTV unless other arrangements have been cleared in advance by coordinators. A graphic archive will be updated periodically and coordinators will select appropriate graphics for each message. Graphics are available on computer disk and can be picked up at the PTrv offices. 3. The following simple examples may help in designing your messages: FREE CONCERT Monday, September 14, downtown Franklin Court, 12:00--1:30 Questions?' Call (360) 385-XXXX MONTHLY CPR CLASS Call Jefferson County Health Department For further information (360) 385-XXXX $ material fee requested 4. The Coordinators will, when necessary, conform your message to accommodate page format and style, and/or to place it on any background deemed appropriate by the Coordinators. 5. If you need more information or have any questions, please contact the PEG Access Coordinators, 1610 Blaine St., Port Townsend, WA 98368, telephone, (360) 385-4880. Enclosure: Attachment 1 - Sample form Request for Use of the Community Calendar. 9/30/98 MW..'co~al3. doc REQUEST ~OR USE O~ THE COMMUNITY CALENDAR [Please print name of individual, group, association~ organization, etc.~ submitting message.] Applicant Address Telephone#IF x#i E-mail Applicant hereby applies to the City of Port Townsend for use of the community calendar on the following terms and conditions: I am aware of and agree to abide by the Procedures for Use of the PTTY Community 1. Calendar. I am familiar with the message to be shown and represent and warrant that it does not violate Section A(2) of the General Rules, Prohibitedlnformation. I further certify that 2. the content of the message does not contain any material prohibited by the Federal Communication Commission Rules. Waiver of liability~hold harmless. I hereby agree to indemnify, protect and hold harmless the City of Port Townsend, its officers, employees, officials, volunteers, and the PEG Access Studio staff, including the independent contractors hired by the City, 3. from and against all claims arising out of or alleged to have arisen out of or related to my use of the community calendar. I further assume all responsibility for the content of the submitted message and assume all liability that may arise from the cable casting of this message. 4. I agree that this Request form may be used in a public record of all persons applying for use of the community calendar. I have read, understand and agree to abide by all of the terms and conditions for the use 5. of the Procedures for Use of the PTIY Community Calendar and this Request form. Date signed: [ Signature: Parent or guardian signature if under 18: Ifa group, association, organization, or corporation, I represent and warrant that I have the ability to bind such group, association, organization, or corporation. {Initials For office use only: Date received Reviewed by Message display date(s) Begin: End: 09/30/98 Cable {CommCal.doc} ATTACHMENT 1