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HomeMy WebLinkAboutMN-AOC-2024-02-06 1 MINUTES (as approved March 5, 2024) Access Oversight Committee (AOC) Tuesday, February 6, 2024 at 5 PM The AOC held its meeting by ZOOM Conferencing Present: chair Rich DePaolo, secretary Wayles Browne, vice chair Wies van Leuken, member Paul Smith, City of Ithaca Common Council liaison Margherita Fabrizio; Access Coordinator Alex Wiers, Lauren Kelly (Director of Government Affairs – Fingerlakes Region, Charter Communications), Karen Heck (Senior Manager for PEG Areas (NY, NJ, CT), Charter Communications), member of the public Tony Ingraham 01. Call to Order 5:04 by DePaolo. Introductions. Welcome to new member Margherita Fabrizio (Fifth Ward), liaison from City of Ithaca Common Council. 02. Agenda Additions and/or Deletions. DePaolo: re 07d, we'll discuss the present update to the Manual; at the next meeting we'll take up suggested modifications submitted by Heck. Van Leuken: add 07i: Ministudio surplus equipment. 03. Public Comments. Ingraham: would like Monday afternoon hours rather than evening hours (not only Wednesday). Concerned also that when a reservation is made for two mini-studio hours in the middle of the four opening hours, there is no two-hour time slot left for others. 04. Comments by AOC members. Fabrizio asks about negotiations on updating the franchise agreement. DePaolo: no action in past couple of years, when the last draft was submitted by the negotiating committee, Charter responded with a draft resembling an older version, "a disconnect." Former City Attorney Ari Lavine used to represent the city, not clear who does now. Lavine is a consultant to the City now. Fabrizio: is Common Council represented on the Committee? DePaolo: no. Kelly introduces herself; hasn't been able to meet the City Attorney; wasn't here for the negotiations on the current franchise agreement. Please connect her with new City Attorney and Mayor. DePaolo: I will lead that conversation. Fabrizio: notes that fees have not changed since 2003, but fees for recording City meetings go up 4% per year; wonders about fees in other communities that have PEG. DePaolo: the 15 cent PEG Fee was raised at an earlier meeting but Charter did not want to consider it. Fabrizio: will research equitable amounts of money. Fabrizio: recalls an Ithaca Times article ca. 10 years ago about maintenance issues. What is Charter's responsibility? And is there an official YouTube Channel? Browne clarifies: individual producers post their own shows on their own YouTube channels. DePaolo: there was a volunteer effort to stream PEG programs, but the people involved are no longer in town. 05. Approval of Minutes of the December 5, 2023 Meeting. Moved by DePaolo, seconded by Browne. Approved 5-0 without change. 2 06. Access Studio Coordinator Report (attached). DePaolo screenshares it. a. Purchase of Play Back System - update. Van Leuken asks about equipment being purchased. Wiers: still in process. [See Additional Notes: Week of Feb. 26.] Wiers: the studio won't be disrupted during installation (it takes 1 or 2 days). DePaolo asks about transition from old Nexus to new equipment. Van Leuken asks Wiers to notify producers about any down time; Wiers: will look into it. DePaolo to Fabrizio: funding for equipment is from the 15-cent-per-subscriber per month fee paid by subscribers in the three participating municipalities. He mentions that subscribers who use the Spectrum App for their TV channels do not get the PEG channels, even though it's mandated by the franchise agreement that they must; unjustifiable. The 5% (City) and 3% (Town and Village) Franchise fees go to the municipalities' general funds. b. Charter’s report on Monthly Subscriber Fees through 2023 (attached). Kelly is asked why it is called "Construction Fund": just a name they gave it in that department. Van Leuken: it fits with my figures, but $2,000.00 of the bill for playback equipment should have come out of 2023 funds, not from 2024. However, this doesn't change the final balance. Wiers: all playback equipment has been paid for, no more to be purchased. 07. Member Reports a. Election of Chairperson, Vice Chairperson and Secretary. Browne nominates DePaolo for Chair, van Leuken for Vice Chair, and himself for Secretary. There were no other nominations. Voted: 5-0-0. b. Adoption of Meeting Time. AOC keeps the same meeting times: first Tuesday of the month at 5 PM. c. Staffing Levels and Hours of Operation - annual review. Van Leuken: at present we have the studio open 16 hours a week plus 4 hours for administrative work. It would be nice to have it open all 20 hours. DePaolo: Charter hasn't given us the necessary salary figures for some years. It probably couldn't be discussed publicly; we might need advice of counsel. Van Leuken: 16 hours seems to fit the producers' needs now. Fabrizio asks about payment of staff. DePaolo: it's 0.5% out of the Franchise Fee (5% or 3%) that goes to municipalities. Have some producers asked for changes in the studio opening times? Wiers: for some producers evening hours are useful, but others might prefer afternoons. Van Leuken: I have contacted producers twice and got only one response back from a producer who prefers more afternoon hours. DePaolo: suggests no change; only change the mini-studio rules. Smith suggests 2 afternoons and 2 evenings. Not less than 2 evenings: sooner or later producers will want to do live evening programs. Wiers: 1 regular user always has Monday evenings, but I don't know if he could shift. To DePaolo: I can't say if I'll be available Monday afternoons. Browne: if we change the time to Monday afternoon, we should give a month's notice. DePaolo: we'll consider a change at the next meeting; in the meantime, Wiers can review his schedule. 3 d. PEGASYS Policies and Procedures Manual - updates. DePaolo screenshares the document. He suggests changing reservations for the Mini-Studio so as to only allow the first 2 hours or the last 2 hours of the 4-hour timeslot. Browne moved and DePaolo seconded a resolution to amend Sections 4 and 8 of the PEGASYS Policies and Procedures Manual of November 7, 2023. WHEREAS, the Access Oversight Committee ("AOC") wishes to amend Sections 4 and 8 of the current Policies and Procedures Manual for the PEGASYS Community Media Center ("PEGASYS"); now therefore be it RESOLVED, that the following changes shall be made to the PEGASYS Policies and Procedures Manual ("Manual"): added to Section 4.2 will be "and no individual or group may use it for more than 4 hours per week. Moreover, reservations for a 2-hour timeslot must be either for the first or last 2 hours of the 4-hour daily timeslots."; in Sections 8.1 and 8.2 "This Agreement expires on December 31 of the year that it is signed" will be replaced with, "This Agreement expires on December 31 of the year for which it is executed,” added to Section 8.7 will be "(3) No individual or group may use the Mini Studio for more than 4 hours per week; (4) A single 2-hour timeslot can only be reserved for the 1st or last 2 hours of the four-hour daily timeslots"; and added to Section 8, as 8.10, will be the "Usage Privileges Request Form"; and now be it further RESOLVED, that this amended Manual will be known as the PEGASYS Policies and Procedures Manual of February 6, 2024 and will go into effect immediately. Resolution passes 5-0-0. Van Leuken: we also need to change the mailing address in sec. 1.2. because of the fence blocking the "612 W. Green Street" entrance, no mail can be delivered there. Wiers suggests using Charter’s 519 W. State Street address. Heck: go with 519 W. State for now, and I'll confirm it. e. City of Ithaca Website/AOC section - update. The City's website no longer posts the AOC's minutes and agendas. The most recent agenda is from May 2, 2023 and the most recent minutes are from June 6, 2023. it also lists a non-existing vacancy. Fabrizio will check with the Clerk’s office to find out where the problem is and get the City's website updated with info about AOC + agendas + approved minutes. f. Common Council meetings on Government Channel 15 - update. Kelly has not heard back from City; will reach out again. Fabrizio: the City streams meetings live and puts them on YouTube. DePaolo: Channel 15 is just another platform to be used. The Government channel isn't showing much else at the moment. Fabrizio asks if there would be additional cost. Van Leuken: staff used to be paid $15/hour, increasing 4% per year, for recording meetings. DePaolo: let's consider this next month. Obviously, viewership is limited by the fact that channels 13-15-16 aren't watchable on the Spectrum App. 4 g. PEGASYS Website - update. Smith: no new reports: it is a work in progress. Wiers and I will have a follow-up meeting soon. h. Showcasing PEGASYS awards and photographs at PEGASYS -update. Van Leuken: Some plaques were found and now hang on the wall. But I want the record to show that sometime after April of 2022 Charter Staff removed all historical records from PEGASYS. This was done without notification to or permission from the AOC and, in the case of the awards, without permission from the producers whose property it was, and so far without any apology or remedy offered by Charter. I would like to hear from Charter that it won't happen again. DePaolo solicits comments from Charter. Heck: this was done by Mike Montesano. Nothing should have been discarded after the walls were painted. It was unintentional. We apologize for what happened. Van Leuken: appreciates Heck's words i. Mini Studio surplus equipment. See list attached. Smith: has looked at all items; the studio should keep 4 of them and dispense with the rest. He separately identified items that should be donated to producers and those that should be given to the Reuse Center. DePaolo moved and Browne seconded a resolution to approve the disposition of surplus Mini Studio equipment. WHEREAS the Mini Studio of the PEGASYS Community Media Center (“PEGASYS”) was recently updated; and WHEREAS a decision must be made on the disposition of the Mini Studio's old equipment; and WHEREAS, Section 15.3 - 2 of the Franchise Agreement states that Participating Municipalities shall approve the use of Public, Educational and Governmental (“PEG”) access equipment; and WHEREAS, a detailed list of the surplus equipment and recommendations on their disposition is attached and part of this resolution; now therefore be it RESOLVED that the Access Oversight Committee ("AOC") approves the disposition of the surplus Mini Studio equipment to be carried out pursuant to the attached list; and be it further RESOLVED that the AOC directs the studio coordinator and Charter Communications ("Charter") to keep the equipment identified on the list as "keep for PEGASYS for future dubbing"; and be it further 5 RESOLVED that the AOC directs and authorizes the studio coordinator and Charter to dispose of the equipment identified as suitable to be recycled by donating it to the Reuse Center; therefore be it RESOLVED that the AOC directs that equipment identified as suitable for donation should be donated to PEGASYS producers, after the results of the solicitation of active producers. Passes 5-0. 08. Old Business a. Streaming Channel 13. DePaolo: can we reinvigorate the idea? We'd need a volunteer with proper equipment. Smith: is interested, happy to talk to volunteers. DePaolo: will put Smith in touch with the earlier interested person. 09. New Business: Fabrizio: Does AOC ever ask for interns? DePaolo: let's ask Charter. Kelly: A topic to bring up during franchise negotiations. 10. Next meeting: Tuesday, March 5, 5 pm. 11. Adjournment. 7:05 PM Authority: City of Ithaca code Chapter 18, "Cable Access Oversight Committee". Adopted by the Common Council of the City of Ithaca 11-5-2003 by Ord. No. 2003-17. Available at https://ecode360.com/8386207. Page on the City website: https://www.cityofithaca.org/369/Cable-Access-Oversight-Committee Contact information for AOC members: City of Ithaca: Wayles Browne, secretary <ewb2@cornell.edu>. City of Ithaca: Common Council liaison 2024- Margaret (Margherita) Fabrizio, mfabrizio@cityofithaca.org. City of Ithaca: Paul Smith <smithcommapaul@hotmail.com>. Town of Ithaca: Rich DePaolo, chair <RDePaolo@town.ithaca.ny.us>. 6 Village of Cayuga Heights: Wies van Leuken, vice chair <pmv4@cornell.edu>. Web site for the PEGASYS Community Media Center studio, with program schedules: https://pegasys.webstarts.com/index.html or https://pegasys.yourwebsitespace.com/ studio location: 612 West Green Street, Ithaca, New York mailing address: 519 West State Street, Ithaca, NY 14850 7 donate give it away, some specific people would enjoy getting specific items - AOC is ha future dubbing subcommittee agrees that this item should be retained to become part of an analo pairs with this item and another item should be kept together recycle the best place for recycled electronics is the Finger Lakes Reuse, https://ithacare 8 9 10 Ithaca Total Construction Fund Balance Balance Accrual Spend Balance Accrual 2023 Spend 2023 Balance Accrual 2024 Spend 2024 Balance 12/31/2021 2022 2022 12/31/2022 12/31/2023 1/31/2024 Cayuga Heights .15/sub $ 6,140.33 $ 934.80 $ ‐ $ 7,075.13 $ 828.75 $ (4,733.23) $ 3,170.65 $ 63.45 $ (1,867.48) $ 1,366.62 Town of Ithaca .15/sub $ 22,436.27 $ 3,241.95 $ ‐ $ 25,678.22 $ 2,795.85 $ (16,176.94) $ 12,297.13 $ 216.30 $ (7,242.87) $ 5,270.56 City of Ithaca .15/sub $ 29,214.80 $ 3,884.10 $ ‐ $ 33,098.90 $ 3,308.10 $ (20,680.06) $ 15,726.94 $ 253.50 $ (9,262.98) $ 6,717.46 TOTAL $ 57,791.40 $ 8,060.85 $ ‐ $ 65,852.25 $ 6,932.70 $ (41,590.23) $ 31,194.72 $ 533.25 $ (18,373.33) $ 13,354.64 1 PEGASYS Policies and Procedures Manual February 6, 2024 PEGASYS Community Media Center 612 West Green Street, Ithaca, NY Ithaca, NY a service of Charter Communications, Inc. City of Ithaca Town of Ithaca Village of Cayuga Heights 2 Table of Contents 1 GENERAL 04 1.1 Public, Educational and Governmental Access Television 04 1.2 PEGASYS Community Media Center and Participating Municipalities 04 1.3 Hours of Operation 04 1.4 Access Oversight Committee (AOC) 05 1.5 Eligibility 05 1.6 Records maintained 06 2 TRAINING OFFERED AT PEGASYS 06 2.1 Training Courses 06 2.2 Training Course Requirements 06 2.3 Certification in Production Skills 06 2.4 Producer Certification 07 3 BUILDING AND EQUIPMENT RULES 07 3.1 Building Rules 07 3.2 Care of and Responsibility for Equipment 07 3.3 Use of Equipment 07 4 THE PRODUCTION PROCESS 08 4.1 Production Planning 08 4.2 Production and Equipment Reservations 08 4.3 Commercial Rentals 09 5 CABLECAST REQUESTS AND PROGRAM SUBMISSION RULES 09 5.1 Cablecast Requests 09 5.2 Program Submission Rules 10 3 6 PROGRAM CONTENT RULES 11 6.1 Free Speech Rule 11 6.2 Commercial Content Restrictions 11 6.3 Illegal Content Restrictions 12 6.4 Indecent Content Restrictions 13 6.5 Program Ownership and Distribution Rights 14 7 MISCELLANEOUS 14 7.1 PEGASYS Awards 14 7.2 PEGASYS Archive 14 7.3 Publicity 14 7.4 Bulletin Board 14 7.5 Conflict with Franchise Agreements 15 8 APPENDIX 15 8.1 PEGASYS Public Access Cablecast Agreement 16 8.2 PEGASYS Producer Responsibility Agreement 17 8.3 PEGASYS Training Request Form 18 8.4 PEGASYS Talent Release 19 8.5 PEG File Uploading Instructions 20 8.6 PEGASYS Commercial Rentals 22 8.7 Studio Reservation Form 23 8.8 Field Equipment Reservation Form 24 8.9 Editing Reservation Form 25 8.10 Usage Privileges Request Form 26 4 PEGASYS POLICIES AND PROCEDURES MANUAL (“The Manual”) 1 GENERAL 1.1 Public, Educational and Governmental Access Television Public, Educational and Governmental (“PEG”) Access Television was created to provide a public free speech forum. The Federal Cable and Telecommunications Acts of 1984, 1992 and 1996 permit local governments to require local cable operators such as Charter Communications, Inc. d/b/a Spectrum in New York State (“Charter”) to provide equipment, facilities, and channel space for Public, Educational and Government access, as compensation for their use of local rights-of-way. These channels must be carried on the basic tier of cable service. In Tompkins County, they are: Public Access on Channel 13, Educational Access on Channel 16 and Governmental Access on Channel 15. 1.2 PEGASYS Community Media Center and Participating Municipalities The PEGASYS Community Media Center (“PEGASYS”) is the place where local individuals, groups, educational institutions and governments can use the PEG channels to transmit non- commercial programs in Tompkins County. PEGASYS is funded by Charter, Participating Municipalities and their cable subscribers. Charter owns and operates the access system, pursuant to its franchise agreements with the City of Ithaca and other municipalities. Participating Municipalities are municipalities that per their franchise agreements provide the funding for PEGASYS’ Staff (“Staff”) and equipment. Currently these are the City of Ithaca, Town of Ithaca and Village of Cayuga Heights. PEGASYS has a fully equipped and staffed studio for the creation and cablecast of PEG programming, a television studio, playback room, mini studio, editing stations, a viewing area, portable video kits, a meeting room, a training room and Staff office. It is accessible to people who use a wheelchair. PEGASYS is located at 612 West Green Street, Ithaca, NY. However, it can only be accessed from Charter's parking lot gate at 519 West State Street by contacting the Access Coordinator from the gate, at: 607-272-7272. The PEGASYS mailing address is 519 West State Street, Ithaca, NY 14850. 1.3 Hours of Operation PEGASYS has the following hours of operation: Monday, Tuesday & Thursday: 5:30 PM – 9:30 PM Wednesday: 1:00 PM – 5:00 PM 5 PEGASYS observes the following seven holidays each year: New Year’s Day Dr. Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Other changes in hours of operation will be posted on the PEGASYS Notice Board (outside the main entrance) and forwarded by mail or Email to all producers and members of the AOC no less than two weeks in advance, when practicable. 1.4 Access Oversight Committee (AOC) Oversight of PEG Access Television and PEGASYS is carried out by the Access Oversight Committee, a 5-member Committee, appointed by the Mayor of Ithaca with Common Council's approval. It has representation from Participating Municipalities and majority representation from the City of Ithaca. It monitors and makes rules for PEGASYS, its hours of operation and staffing, and recommends equipment budgets for public, governmental and educational access pursuant to the City’s 2003 Franchise Agreement and Chapter 18 of the City Code. The AOC’s contact information, agendas and minutes are available at the City of Ithaca’s website: https://www.cityofithaca.org/369/Cable-Access-Oversight-Committee. The AOC receives its correspondence at Ithaca’s City Hall, 108 East Green Street, Ithaca, NY 14850 or by Email to the AOC's Chair Person. The Committee welcomes inquiries, concerns and comments from Producers. 1.5 Eligibility a. To use PEG channel time, you must reside in Tompkins County, be at least 18 years old, sign the PEGASYS Public Access Cablecast Agreement found at Section 8.1, page 16, and follow the rules of this Policies and Procedures Manual (“the Manual”). Use of channel time is free. b. You are considered a Provider, when you schedule time for programs that have not been produced by you. You are considered a Producer when you produce programming for cablecast on PEG channels, with or without PEGASYS equipment and facilities, and are certified as Producer. c. To use PEGASYS’ production facilities, you must fulfill the requirements of Section 1.5-a above, complete PEGASYS training, be certified by Staff for all PEGASYS equipment you plan to use and sign the PEGASYS Producer Responsibility Agreement (Section 8.2, page 17). d. Use of the PEGASYS’ production facilities is free for residents of Participating Municipalities (Section 1.2). Use by others is subject to a bi-annual Usage Fee, currently set at $20.00 for 6 individuals and $50.00 for organizations. This Usage Fee is due when you first receive training, and every six months thereafter. e. Minors between the ages of 14 and 18 are permitted to assist with video productions when an adult takes legal responsibility for the minor's use of PEGASYS’ equipment and facilities. Exceptions may be made at Staff discretion or by the AOC if no agreement can be reached with Staff. 1.6 Records maintained Use of the PEGASYS facilities and equipment and PEG Channels is tracked by Staff with the use of Charter's data management and storage system. In accordance with the requirements of New York State regulations at 16 CRR-NY 895.4 (c)(10), PEGASYS staff is required to maintain records of the use of the access channels, including the names and addresses of persons and organizations providing programming for these channels. These records must be available locally for public inspection upon request and retained for a minimum of two years. 2 TRAINING OFFERED AT PEGASYS 2.1 Training Courses PEGASYS provides training courses throughout the year for Studio, Editing or Portable Field Production Equipment. Training consists of lectures and hands-on experience in production techniques. A training syllabus will be provided as part of the training. Courses are scheduled on a regular basis. Custom and advanced training are available upon request. 2.2 Training Course Requirements No prior experience is required or assumed for the basic studio, editing or portable courses. There is one pre-requisite: the applicant must demonstrate his or her intention to produce or participate in the production of PEG access programming at PEGASYS. To enroll, submit the PEGASYS Training Request Form at Exhibit 8, page 18, to PEGASYS staff. 2.3 Certification in Production Skills Trainees will be certified to work with any piece of equipment once they have, in the judgement of PEGASYS Staff, successfully completed the relevant training course. Trainees who have not used their production skills for more than 6 months, or who Staff believes have not attained a minimum proficiency, may be required to refresh their knowledge by repeating training courses or demonstrating proficiency to Staff. 7 2.4 Producer Certification To be certified as a Producer, a trainee must have: a. successfully completed the training requirements for the type of production (studio, portable, editing) their program will require; b. demonstrated knowledge of the PEGASYS Policies and Procedures Manual (“Manual”). Once certified, a Producer can schedule channel and production time to produce programs using any category of equipment (studio, editing, portable) for which they have been trained. 3 BUILDING AND EQUIPMENT RULES 3.1 Building Rules No food or drink is allowed while using production equipment in or outside PEGASYS. No smoking is allowed on its premises. 3.2 Care of and Responsibility for Equipment Staff will examine equipment and facilities at the end of all reservations. Producers should report all equipment problems they noticed. Producers are fully liable for any damage or loss to the facilities and equipment issued to them resulting from negligence or misuse. Staff will determine the proper course of treatment (repair or replacement) for damaged equipment and bill this amount to the responsible producer. Such actions must be reported to the Access Oversight Committee. Disputes over liability should be brought before the AOC for a final decision. 3.3 Use of Equipment a. Never attempt to repair equipment. NO EXCEPTIONS. Report any equipment problems promptly to Staff. This also applies to equipment checked out for field productions. b. Do not attach external devices to studio equipment without prior staff approval. This does not apply to laptops. c. The PEGASYS Studio and equipment therein must be left in the same condition as it was when you found it. Do not re-patch, re-configure, or alter any setting on equipment. If you are unsure about any procedure or piece of equipment, ask staff to assist you. d. When finished with equipment at PEGASYS: 8 • Return cameras to initial location and coil the cameras multi-cables (in “over/under” manner); • Do not switch off or “power-down” individual pieces of equipment; • Return appropriate equipment to the office and wait for staff to check before you leave. e. Staff must perform an inspection of the studio before the end of the reservation period. 4 THE PRODUCTION PROCESS 4.1 Production Planning Staff is available to help Producers get the most from PEGASYS’ production facilities. It is best to make an appointment for time-intensive production consultations. The PEGASYS meeting room is available to Producers, by appointment, for production meetings. 4.2 Production and Equipment Reservations Production time and equipment will be allocated on a first-come, first-served basis. To be able to reserve studio, editing or portable facilities or equipment you must: a. be a Certified Producer; and b. have a current Public Access Cablecast Agreement and Producer Responsibility Agreement on file (Section 8.1, page 16 and Section 8.2, page 17) To reserve studio, editing or portable facilities or equipment, fill out the appropriate Reservation Form (Studio, Field Equipment or Editing) found at Section 8, pages 23, 24 and 25, and forward it to PEGASYS staff, by mail, Email or by coming to PEGASYS and filling out the form(s) in person. You have the option to make multiple reservations for the year in which you are making the request. Such reservations expire at the end of the year and must be renewed by January 1 for the following year. Notwithstanding the above, you can request no more than four (4) 2-hour reservations at a time for the Mini Studio and no individual or group may use it for more than 4 hours per week. Moreover, reservations for a 2-hour timeslot must be either for the first or last 2 hours of the 4-hour daily timeslots. Your reservation typically will be confirmed within 2 PEGASYS business days. 9 Cancellations of reservations must be made no later than 24 hours before the scheduled date. Producers are responsible for assembling their own crew. All crew members must have completed PEGASYS training. Although producers may not expect PEGASYS Staff to serve as crew on their productions, Staff may serve as crew on productions, at the sole discretion of Staff and Staff may submit their own productions for playback on Channel 13. 4.3 Commercial Rentals Tompkins County residents who wish to use equipment for non-public access purposes, may choose to make a rental arrangement. Reservations for non-PEGASYS related projects will be possible on a short-term basis and only when the requested equipment is not reserved or used for PEGASYS projects. Such rentals are subject to the Rental Fee Schedule, attached at Section 8.6, page 22. Staff will determine if the renter’s prior training on the PEGASYS equipment is sufficient. Disputes should be brought before the AOC for a final decision. 5 CABLECAST REQUESTS AND PROGRAM SUBMISSION RULES 5.1 Cablecast Requests Meet with Staff to set up a timeslot for your program or series on Channel 13. Using Channel time is subject to the rules and requirements set out below: a. Any resident of Tompkins County who meets the eligibility requirements of Section 1.4 may submit media to PEGASYS. There is no charge to use the PEG channels. b. Programs by individuals and community groups will be scheduled on the Public Channel. Programs by educational institutions and governing institutions will be scheduled respectively on the Educational Channel and the Government Channel. Persons requesting channel time on E or G Channels must be authorized by an educational or government institution to do so. Cablecasting time is available on a first-come, first served basis, with preference given to locally produced, live and new programs. c. Cablecast requests for Single or Series programs will be scheduled within five days of the eligibility confirmation of Section 1.4. d. Series programs are multiple programs with the same title. A Series may be live or pre-recorded, locally produced or produced outside Tompkins County and may be scheduled daily, weekly, bi- weekly or monthly. As series reservations are made in advance of receiving, or production, of episodes, it is important that media are delivered by the deadlines of Section 5.2-b. If this proves not possible, programs will be scheduled upon media delivery only. If timeslots are repeatedly not used, Staff will contact Producer. e. Cablecast requests for live studio programs may be made by Producers certified on studio use as described at Section 2. Requests for studio and cablecast time must be made simultaneously and allow at least half an hour before and after the show for set-up and clean-up. f. Each submitted program will be scheduled for 6 plays. 10 g. In the event of a problem or error with a scheduled cablecast, PEGASYS offers the remedy of additional scheduled plays. h. A Program Sponsor is defined as an individual or organization not directly involved in the production of an access program, that contributes money or goods to cover production expenses and that receives acknowledgment in the program credits. Production expenses may include cash, goods, services or labor used to produce an access program. Contributions to support a program may be acknowledged by a sponsor notice up to 10 seconds in length at the beginning and end of the program. The sponsor’s name and logo may be used. The acknowledgment should take a form such as: "Sponsored in part by ABC Corp.;" "Clothing provided by ABC Corp." Other information about the sponsor, such as telephone, address, slogans, product information or product display is considered commercial content and is not permitted. 5.2 Program Submission Rules a. Media Formats accepted: A variety of media formats in Standard Definition are accepted. Several media formats, including MPEG-2, AVI and MP4, can be uploaded through the PEG file upload system (“the PEG Server”) using the PEG File Uploading Instructions found at Section 8.5, page 20, and as further instructed by Staff. Consult Staff before uploading other formats. Be aware that formats other than MPEG-2, will be converted to MPEG-2 for playback, imposing an extra level of compression and loss of video quality. A dedicated computer is available at PEGASYS for producers who prefer to upload their programs at PEGASYS. Media not uploaded must be delivered or mailed to PEGASYS. Currently the only media accepted in such manner are DVD's. b. Media Delivery and Deadlines: Media must be delivered in person, by mail or through Charter’s PEG file upload system by these deadlines: 1. Programs must be on the PEG Server by 7 PM on the PEGASYS business day prior to the day of scheduled cablecast, unless other arrangements have been made with Staff. 2. DVD's must be delivered to PEGASYS during its business hours by 7 PM, 2 PEGASYS business days prior to the day of scheduled cablecast, unless other arrangements have been made with Staff. DVD's that have completed their cablecast schedule will be left on the Media Pick-up Shelf. Media not collected in 30 days will be discarded. c. The Producer’s name must be identified in a credit at the end of each locally produced program. 11 Producers using PEGASYS equipment are strongly encouraged to tag their program with an acknowledgment such as: “Produced for (or “at” or “with equipment from”) the PEGASYS Community Media Center, Ithaca, NY.” d. Audio Levels should be between -20 and -12 dB for digital media. It is not possible to adjust playback audio level output for individual programs. e. Programs should be preceded and followed by at least 5 seconds of video black. For DVDs, no menu is preferred. DVDs with menus and multiple titles are acceptable, but some menus do cause playback problems. f. There are no program length restrictions, except that programs must fall within the time slots for which they were scheduled. g. Media that include violence, adult language or nudity should have a warning advisory preceding the program. This is required in cases of indecent content as more fully described at Section 6.4. h. Media will be rejected if they have audio or video instability or have been physically damaged. 6 PROGRAM CONTENT RULES Individuals or organizations submitting media to PEGASYS accept legal responsibility for the content of their programs, including liability for content that is found to be in violation of civil law, criminal law or the Manual, as further described below. 6.1 Free Speech Rule In accordance with national, state and local regulations, PEGASYS, Charter Communications and municipalities may not exercise editorial control of program content on access channels, except to prohibit commercial or obscene programming. 6.2 Commercial Content Restrictions 12 The PEGASYS Public Access Cablecast Agreement (Section 8.1, page 16) includes a clause affirming that the submitted program does not contain commercial content. Programming will be considered commercial when it: a. depicts or discusses products, services or businesses with the intent or substantial effect of benefiting or enhancing a profit-making enterprise. Exception: Works of art, music and literature may be presented or discussed, provided they are not presented as products for sale. b. directly solicits funds or other things of value. Exception: 501(c)3 organizations may discuss fundraisers. c. solicits funds for candidates for public office. Note: programs may discuss or advocate voting for specific candidates. d. conducts lotteries or provides lottery information. Penalty for Violation: Individuals or organizations determined to be submitting commercial programming will be suspended from use of the public access channel for a period of up to six months. Staff will report suspensions to the AOC. Contested violations can be brought to the AOC for a final determination. 6.3 Illegal Content Restrictions The PEGASYS Public Access Cablecast Agreement (Section 8.1, page 16) also includes a clause affirming that the presented program does not contain illegal content. Several content areas may give rise to questions of legality: a. Obscene programming is a criminal offense defined in New York State Penal Law: New York: Penal Law Section 2325.00(1) defines a program as obscene; if (a) the average person, applying contemporary community standards, would find that considered as a whole, its predominant appeal is to the prurient interest in sex, and (b) it depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and (c) considered as a whole, it lacks serious literary, artistic, political and scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the program or the circumstances of its dissemination to be designed for children or other specifically susceptible audience. b. Harassment is a criminal offense defined in New York State Penal Law: The New York State Penal Code defines criminal harassment as conduct intended to harass, annoy, threaten, or alarm another person. c. Fighting Words: A legal doctrine that permits prior censorship of words that create a clear and present danger of inciting an audience to disorder or violence. Charter or municipalities may not exercise prior restraint by determining that a program contains illegal material and refusing to cablecast it. This determination must be made through the legal system. Any person, including Charter staff, who feels that an illegal program has been or will be cablecast on a public access channel, may request that the local district or municipal attorney commence an action seeking a declaration that the program is illegal and an order enjoining the cablecast of the program. Charter must obey all court injunctions and decisions directing it not to cablecast a program. 13 A person who feels (s)he has been personally injured by the producer’s program may bring a civil suit asking that it be enjoined from further cablecast and possibly asking for monetary compensation as well. Examples of civil tort issues that may arise in media: a. Copyright Infringement: Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. b. Defamation of Character: The issuance of a false statement about another person, which causes that person to suffer harm. c. Invasion of Privacy: A violation of the right to be left alone, and to control information about oneself. However, public figures have less privacy, and this is an evolving area of law as it relates to the media. The information in this section is intended solely to help individuals and organizations that cablecast on the PEG channels understand issues of legality in access television programming. They are advised to consult an attorney if they feel that their program may expose them to liability. Penalty for Violation: Individuals or organizations determined to be submitting illegal programming will be suspended from use of the public access channel for a period of up to six months. Staff will report suspensions to the AOC. 6.4 Indecent Content Restrictions A program is considered to contain “indecent content” when it contains excessive vulgar language, nudity, graphic depiction of violence, degradation, sexual or excretory activities or invasive medical procedures. Programming with indecent content is permitted by law on public access channels, but with restrictions to protect children and provide parents with the means to control viewership in their households. Individuals submitting programming are responsible for notifying PEGASYS Staff when their program contains such material and for attaching the following advisory message to the start of their program: “The following program contains material which may be offensive to some viewers or inappropriate for viewing by children or other audiences. Viewer discretion is advised.” Programming with indecent content will be scheduled only between the hours of 10:00 pm to 4:00 am. 14 Penalty for Violation: Individuals or organizations who fail to notify Staff that their program includes indecent content or who fail to attach a viewer advisory to such programming will be suspended from use of the public access channel for a period of up to six months. Staff will report suspensions to the AOC. Contested violations can be brought to the AOC for a final determination. 6.5 Program Ownership and Distribution Rights Program ownership rights belong exclusively to the producer of the program, except that PEGASYS reserves the right to rerun the Program on the access channel, and to use short clips from the program in promotional material for PEGASYS. 7 MISCELLANEOUS 7.1 PEGASYS Awards The PEGASYS Awards is an annual video competition and awards ceremony for PEGASYS producers organized by volunteers. It is a celebration of the best in local PEG access programming. All producers are encouraged to contribute their best work to this competition. 7.2 PEGASYS Archive All producers are strongly encouraged to donate programs to the PEGASYS Archive that is maintained by Staff and used to fill in gaps in the programming day. Staff is looking for programs of varying lengths, with topics which are not time-sensitive, from 1 hour or less in length. To submit a program(s), forward a notice to PEG.NYIthaca@charter.com, letting Staff know the program is on the PEG Server and available for the Archive. 7.3 Publicity PEGASYS provides listings of upcoming programs as part of its cablecasts on Channel 13. Additional information is at its website at https://pegasys.webstarts.com/ 7.4 Bulletin Board 15 The Community Bulletin Board (CBB) is an electronic bulletin board for posting upcoming community events, public service announcements and other notices of public interest. It runs on the Public Access channel when other programs are not scheduled. It is available at no charge for non-commercial events. Space is limited to a few lines of text: what, when, and where the event will be held, and contact information, if desired. Items for the Community Bulletin Board should be Emailed to PEGASYS Staff at Charterbulletins.nyIthaca@charter.com Ithaca’s community radio, WRFI, shall be used as the Bulletin Board’s background audio, at the sole discretion of the Access Oversight Committee. The Governmental Bulletin Boards run on the Governmental Access channel and are administered by the Media Production Assistant at Tompkins County. 7.5 Conflict with Franchise Agreements If language in this Manual is in conflict with a Franchise Agreement between Charter and a Participating Municipality, that of the Franchise Agreement shall take precedence. 8 APPENDIX 01. PEGASYS Public Access Cablecast Agreement 02. PEGASYS Producer Responsibility Agreement 03. PEGASYS Training Request Form 04. PEGASYS Talent Release 05. PEG File Uploading Instructions 06. PEGASYS Commercial Rentals 07. Studio Reservation Form 08. Field Equipment Reservation Form 09. Editing Reservation Form 10 Usage Privileges Request Form 16 PEGASYS Community Media Center 612 West Green Street, Ithaca, NY 14850 Tel.: 607-272-7272; Email: PEG.NYIthaca@charter.com PEGASYS Public Access Cablecast Agreement for 20___ Program Title _____________________________________________________ Length: ___: ___: ___ Format: ________ Local / Syndicated [circle one] Series? Yes / No [circle one] Series frequency: Weekly Bi‐weekly Monthly Check here if the show may include indecent content ____ [scheduled 10pm‐6am only] Producer/Provider Name: _____________________________________ Address: _______________________________________________________________ Phone: ______________________ e‐mail: _____________________________ I hereby request that Charter Communica�ons, Inc. (“Charter”) cablecast this Program or Program Series on the public access channel. I assume sole legal responsibility for all Program contents. I have obtained all necessary approvals, clearances and licenses for all material included in the Program(s). I atest that the Program(s) contain no material which is commercial, obscene or otherwise illegal, as described in the PEGASYS Policies and Procedures Manual (“the Manual”) and by law. I understand that I may be held criminally or civilly liable for such content appearing in the Program(s). I understand that Charter must make available my contact informa�on to members of the public who request it. I have read and understood the Manual regarding cablecast rights and obliga�ons, and agree to abide by them. I understand that failure to follow the Manual may result in Charter’s refusal to cablecast the Programs and/or restric�on of my right to submit addi�onal programming. I understand that in the case of programming produced through the facili�es of the PEGASYS Community Media Center, failure to follow the Manual in the crea�on of these programs may result in suspension of my access privileges. I also understand that submi�ng commercial programming for cablecast on public access channels will result in the suspension of my access privileges for up to six months. My signature hereupon shall indicate my acceptance of these responsibili�es. I have read all the forgoing, and understand its provisions as they apply to me and the Program(s). "This Agreement expires on December 31 of the year for which it is executed." ____________________________________________ _________________ Signature of Producer/Provider Date 17 PEGASYS Community Media Center 612 West Green Street, Ithaca, NY 14850 Tel.: 607-272-7272 Email: PEG.NYIthaca@charter.com PEGASYS Producer Responsibility Agreement 20___ Program Title _____________________________________________________ Name: ________________________________________ Phone: _________________ Address: ________________________________________________________________ Municipality: ____________________________________ ID Verified: _____________ Email: ____________________________________________ Please read carefully and sign below: 1. I understand and agree that using PEGASYS Community Media Center’s (“PEGASYS”) equipment requires that I accept responsibility for any loss or damage, whether inten�onal or accidental, to that equipment while it is in my possession, except in the case of ordinary wear and tear or damage resul�ng from a verifiable pre‐exis�ng defect.; 2. I understand and agree that this equipment is to be used for the purpose of providing non‐commercial programming for PEGASYS channels.; 3. I have read and understand the current PEGASYS Policies and Procedures Manual (“the Manual”), and agree to abide by the rules stated therein, including the responsibility to ensure that all guests and crew I invite to PEGASYS do so as well. I understand and agree that failure to follow the Manual may result in my privileges to use PEGASYS facili�es being suspended. This Agreement expires on December 31 of the year for which it is executed. Signature: ______________________________________ Date: ________________ 18 PEGASYS Community Media Center 612 West Green Street, Ithaca, NY 14850 tel.: 607-272-7272. Email: PEG.NYIthaca@charter.com Training Request Form Today’s date: _______________ Name: _________________________________________________ Address: ______________________________________________________ Phone: __________________________ Email: __________________________ Municipality of Residence: __________________________________* PEGASYS provides video training and production facilities to allow residents of Tompkins County to produce programs for our channels. Please check the type of involvement or interest that fits you best: __________ I want to be on TV as a host or actor __________ I want to produce a program about ______________________ __________ I want to know how to operate equipment and I am willing to help other producers with their programs. __________ I was recruited to help on the program: _____________________ * PEGASYS Usage Fees To be eligible to put programs on a PEG channel or take a training course, you must live in Tompkins County. There are no fees for residents of the City of Ithaca, Town of Ithaca or Cayuga Heights. Fees for other residents are $20 and $50.00 for organizations (as represented by a single designee) for a 6-month period. 19 PEGASYS Talent Release Date: ______________________ By signing below, I give permission for my voice and image to be used by [producer name]: _____________________________ for the program: “___________________________,” to be cablecast on cable channel 13 and other non‐commercial distribu�on. If you provide your email address, we will contact you with the date and �me that this program will be cablecast. Print Name Sign Name Email Address 1. ______________________ _______________________ ______________________ 2. ______________________ _______________________ ______________________ 3. ______________________ ________________________ ______________________ 4. ______________________ ________________________ ______________________ 5. ______________________ ________________________ _____________________ 6. ______________________ ________________________ _____________________ 7. ______________________ ________________________ _____________________ 8. ______________________ ________________________ _____________________ 9. ______________________ ________________________ _____________________ 10. ______________________ ________________________ _____________________ 20 PEG FILE UPLOADING INSTRUCTIONS 1. Request Credentials To get ready to upload your shows, please send a request via Email to PEGFTPDelivery@charter.com so that an account can be created for you on our File Transfer Protocol (FTP) site. You will then receive a username and password to gain access to the site. 2. To access the FTP site: a. Download and install the free program FileZilla: https://filezilla-project.org/ b. In FileZilla: go into Site Manager, hit New Site, in Host enter 24.97.95.222 Make sure you select SFTP as your protocol when setting up, enter port 22, set Protocol to SFTP - SSH File Transfer Protocol, set Logon Type to Normal, enter your username and password into the appropriate fields. You will get a warning labeled Unknown Host Key, this is normal. Choose "Always trust this host, add this key to the cache" then hit OK. c. Once you have established connectivity to the site you will see a folder labeled with the title of your show. Please drag and drop your show file into this folder. 3. Uploading your Program Files Please make sure you use the agreed upon title format for your shows. The preferred title format for weekly show is: the full name of the show, underscore then date. (Example: NatureConnections_1-15-23). For monthly shows it is: the full name of the show, underscore then the first 3 letters of the month and year it will air. (Example: NatureConnectons_JAN23). And absolutely NO spaces in the titles. 4. Lead Time Uploading deadlines are listed at Section 5.2, "Program Submission Rules". 5. Notification 21 Once your upload is complete, please send an Email to PEG.NYIthaca@charter.com to let staff know of your uploads. You will receive a reply back with a confirmation. 6. Formats The formats of uploaded shows must be compatible with PEGASYS' playback system. Please follow these guidelines to ensure that they will play properly on the air. Check with staff before uploading formats not listed here. Recommended Formats MPEG-4 (.mp4) Video codec: H.264 HIGH profile, up to level 4.0 1920 x 1080 (29.97 fps, interlaced) 1280 x 720 (59.94 fps, progressive) 720 x 480 (29.97 fps, interlaced) Constant and variable video bitrate encoding up to 6Mb/s Chroma Sampling: 4:2:0 Audio Format: AAC-LC 128 kb/s, 192 kb/s 44.1 kHz; 48 kHz Other Formats MPEG-2 Video codec: MPEG-2 program stream, MAIN profile, MAIN or HIGH level 1920 x 1080 (29.97 fps, interlaced) 1280 x 720 (59.94 fps, progressive) 720 x 480 (29.97fps, interlaced) Constant and variable video bitrate encoding up to 6Mb/s Chroma Sampling: 4:2:0 Audio Format: Layer-2 128 kb/s, 192 kb/s 44.1 kHz; 48 kHz 22 PEGASYS Commercial Rentals PEGASYS facili�es are available for commercial rental during hours not designated for PEG access use. Facility rentals do not include Staff. Pre‐requisite for use is prior training on PEGASYS equipment or equivalent experience. Reserva�ons for studio or edi�ng facili�es must be made at least one week in advance. Reserva�ons for portable equipment are available on very short‐term basis only. Confirma�on can be made no more than 48 hours in advance in order to preserve priority for access use. Payment is required at the �me of rental. Current Rates are: Main Studio $110 / hour Non-Linear Edi�ng Computer on‐site $50 / hour [Adobe Premiere CS6] JVC GY150U Digital Camera [including tripod, AC adapter, mic and 2 bateries] $60 / up to 24 hours Sony NX5 Digital Camera [including tripod, AC adapter, mic and 2 bateries] $75 / up to 24 hours GoPro Hero 2 Digital Camera [including 1 batery and 1 mount of choice] $25 / up to 24 hours Accessories Type A: [per item] $10 / up to 24 hours [individual lights with stands/reflectors, Mics [wired or wireless], tripods, other smaller items] Accessories Type B: [per item] $40 / up to 24 hours [mul�ple light kit, Premiere edit laptop, Video switcher, digital audio recorder] 23 PEGASYS Community Media Center, 612 W Green Street, Ithaca, NY 14850 Tel: 607-272-7272, Email: PEG.NYIthaca@charter.com Studio Reservation Date: ________________________ Program Title: ____________________________________________________ Producer's Name: _________________________________________________ Phone #: ______________ Cell #: _____________ Email:________________ This reservation is for: Mini Studio:____________* Main Studio:____________ For Day/Date: ____________________________________________________ Start Time: ____________________ End Time: ______________________ I want to make multiple reservations** for the same day & time with the same crew as listed below ______________ Frequency: Weekly _______ Monthly _________ Other __________________ * (1) Multiple Reservations expire on December 31 of the year they are made **(2) There is a limit of four (4) 2-hour reservations per request for the Mini Studio (3) No individual or group may use the Mini Studio for more than 4 hours per week (4) A single 2--hour timeslot can only be reserved for the 1st or last 2 hours of the four-hour daily timeslot Names of Crew (all crew members must have completed PEGASYS training): _______________________________________________________________ _______________________________________________________________ I will submit a list of guests, if any, prior to accessing the studio: ______ (initial) _________________________________________________________________ FOR INTERNAL USE ONLY Approved by: _____________________________________________________ Date Processed: __________________________________________________ 24 PEGASYS Community Media Center 612 West Green Street, Ithaca, NY 14850 tel.: 607-272-7272 Email: PEG.NYIthaca@charter.com Field Equipment Reservation Date: _____________________ Program Title: ____________________________________________________ Producer's Name: _________________________________________________ Phone #: ______________ Cell #: ___________ Email: ________________ I want to make multiple reservations* for the same day & time ______________ Frequency: Weekly ____ Monthly _____ Other _________________________ * Multiple Reservations expire on December 31 of the year they are made Equipment Description Accessories __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ I will pick up the equipment on: (Date)_______________(Time) ________________ I will return the equipment on: (Date)________________(Time) ________________ __________________________________________________________________ FOR INTERNAL USE ONLY Approved by: ____________________________________________________ Date Processed: __________________________________________________ 25 PEGASYS Community Media Center 612 West Green Street, Ithaca, NY 14850 tel.: 607-272-7272 Email: PEG.NYIthaca@charter.com Editing Reservation Date: ________________________ Program Title: ____________________________________________________ Producer's Name: _________________________________________________ Phone #: ____________________________ Cell #: ______________________ Email: __________________________________________________________ Date requested: __________________________________________________ Start Time: _________________________ End Time: ___________________ I want to make multiple reservations* for the same day & time ______________ Frequency: Weekly _______ Monthly ________ Other ___________________ * Multiple Reservations expire on December 31 of the year they are made ________________________________________________________________ FOR INTERNAL USE ONLY Approved by: _____________________________________________________ Date Processed: ___________________________________________________ 26 PEGASYS Access Television Center Application for Usage Privileges PEGASYS production services are provided through contracts between Charter Communications and the City of Ithaca, Town of Ithaca and Cayuga Heights. There are no charges to residents of these municipalities for use of PEGASYS production services, because these have been addressed through payments by the municipality. Residents of other parts of Charter Communications’ service area in Tompkins County may also use PEGASYS production services by paying a membership fee, which is valid for 6 months of facility use. I would like to apply for PEGASYS membership [select type]: _____ Individuals: $20 Name: ____________________________________________________ Address: ______________________________ Municipality: _________________ __________________________________________________________________ _____ Organizations: $50 Organization Name: _________________________________________________ Address: __________________________________________________________ Organizational Members (up to 4): Name: ___________________________________________________________ Address: __________________________________Municipality: _____________ Name: ___________________________________________________________ Address: _________________________________ Municipality: ______________ Name: ____________________________________________________________ Address: _________________________________ Municipality: ______________ Name: ____________________________________________________________ Address: _________________________________Municipality: ______________ Fee Paid __________ Valid From __________________ through ___________ 27