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HomeMy WebLinkAboutMN-CABLE-2009-06-09I Cable Access Oversight Committee minutes June 9, 2009 (as approved July 8, 2009) The Cable Access Oversight Committee (AOC) met at 4:45 pm on Tuesday, June 9, 2009, in the 3rd Floor Conference Room at Ithaca City Hall (changed from the PEGASYS studio). Present: AOC members Wayles Browne, Mike Brutvan, Rich DePaolo, joined later by Jennifer Dotson; studio manager Lauren Stefanelli, Time Warner Cable (TWC) manager Thomas Doheny, program producers Ken Finch and Theresa Alt. Excused: member Wies van Leuken. 0. Notes by W. Browne as AOC secretary. 1. R. DePaolo called the meeting to order. 2. The minutes of the May 12, 2009 meeting were approved with one change. 3. Comments from members of the public: producer T. Alt is concerned that she received an e-mail late Friday, May 29, that the public access studio would be closed "for unscheduled maintenance until further notice." Only later did she hear from the studio manager that she could turn in programs for broadcast by bringing them to the customer service office. Other people came to the studio building seeking information, but found no sign or other info. Now, a week later, no construction work is visible but a sign "closed till further notice" has appeared. Potential volunteers are thus impeded. Her own shows have been broadcast but some others seem to be missing from their schedule slots. DePaolo: But now there is a sign? Alt: An uninformative one. For deliberate closing for repairs, it is TWC's duty to provide an alternate studio space. DePaolo: Could they have moved the equipment? Alt: Some no, some yes. Other studios exist in Ithaca: Ithaca College, Northside (near Fall Creek Pictures). A lot of equipment is indeed portable. Ken Finch, producer of "Truth and Truthiness" (best Tompkins show of 2008 - 2009): The sudden closing meant that I took Cornell vice - president Tommy Bruce to the studio for a long - scheduled interview Wed. June 3 but had to leave with our work undone. A good portion of the equipment is portable and could have been borrowed but not if the building is closed. I want to know 1) why it was decided to close the building, 2) what the law says on that, 3) why equipment was not available to me even when the building was closed. T. Doheny suggests Finch should have used his own equipment, or Cornell's. To the three points: 1) I became concerned about the overall air quality and we are taking steps to find out if a problem exists. 2) The building is TWC's building, is open subject to funding; we will make up the 16 hours per week after this situation is over. This facility is provided free of charge by TWC; the municipalities pay for 16 hr /week opening time. Once this closing is over we will calculate the lost hours. DePaolo: With all due respect, I have a problem being an oversight committee and not being given specific information. We have a responsibility to the public. The public has a right to be in the facility. 2 Doheny: The air testing began today. It takes 24 hours. I hope to have the results Monday [June 15]. The reason I'm not answering questions is that they'd lead to further questions. M. Brutvan: Was the closing posted to the website? (No.) If the testing reveals a problem, how long will the building be closed? Doheny: Till it is remediated. Meanwhile Lauren is working out of another building and can make cameras available. Brutvan: So we CAN get in to get cameras? But TWC has no substitute studio facilities? Doheny: The 16 hr /week opening hours now being missed can be made up, since we're only in the 6th month of the year. DePaolo: Will you announce the test results? Doheny: I'd be glad to come to the next meeting and address the results. [Turning to the topic of finances for the studio] There are 3 municipalities that contribute; for [producers who are from] other parts of the county we have a fee. My estimation was that the cost of studio facilities for each producer who uses them was $35 /month. The fee is $3- $4 /month, set by the AOC some years ago. We have 3 1/2 years left on the franchise, and the funding isn't enough. Please raise the fees and ask every municipality to participate. K. Finch: Re "suspicions that the public has" [mentioned by Doheny], you need to predict them. Doheny: I thought I did what was right. W. Browne: If the air test comes back as "acceptable ", will you open the building the same day and let us know the same day? Doheny: Yes. [He leaves the meeting.] Finch: If cameras are available, this information needs to be communicated. [Leaves.] [Subsequently Doheny e- mailed Brutvan Thurs. afternoon June 18 that the tests were OK. Producers were informed Fri. and the studio reopened for its usual hours Mon. June 22.] 3. Member reports. J. Dotson arrives. DePaolo [continuing previous discussion]: More suspicion is generated by not saying why the studio is closed than by saying why. Brutvan asks about the provisions of the TWC -City of Ithaca franchise agreement of 2003. Could the text be placed on the City website? W. Browne: will send an electronic copy to all members. [He did so the same evening.] J. Dotson: Good idea. I'll try to get it put on the site. 3.1 Reports on the approval of the 2010 PEG [Public - Educational - Governmental access] capital budget: DePaolo: The Town of Ithaca adopted it last night without special discussion. Dotson: The City of Ithaca meeting was more challenging. Some Council members wondered about spending money on the Ithaca City School District, which is not in fact a body connected with the City, but Dan Cogan explained the educational provisions of the franchise. (We don't yet know whether the third municipality, the Village of Cayuga Heights, has approved the budget.) 3.2 Dotson: T. Doheny, Duane Twardokus (City of Ithaca, information technology) and I talked Thursday (June 4): 1) The Government access channel is more difficult to schedule now than before, because more governmental bodies are cablecasting more meetings. A committee might be formed to schedule their broadcasts. 2) We discussed the fate of the funds remaining from the pre -2003 franchise. Depending on future plans after the present franchise, we might want to set up a non - profit for public access and the money might be invested in that. DePaolo and Brutvan are interested in discussing such possibilities with D. Twardokus. 3.3 Due to the closing of the studio, Rich DePaolo's planned seminar on audio for producers will need to be postponed till later in the summer. 4. Studio Manager's report: presented in writing. (See Appendix.) The AOC attached special importance to the second sentence under "Repair and Maintenance ": "On June 1, the PEGASYS facility was closed while unscheduled building maintenance is completed. During this period, cablecasting playback and field equipment sign -out have been uninterrupted." Committee members greeted this statement with approbation and relief, mingled with astonishment and regret that TWC had not made this intention clear from the very first announcement of the studio closing. 5. Next meeting: Wed. July 8, 4:30. Place to be announced. 6. Meeting adjourned 5:55. Contact information for AOC members: Jennifer Dotson, chair, Common Council liaison <jdotson(a�cityofithaca.org> Wayles Browne, secretary <ewb2@cornell.edu> "Rich DePaolo" <rd @richdepaolo.com> Wies van Leuken <nmv4ncornell.edu> and <WIESVLacitvofithaca.ore> Michael Brutvan <noidea @lightlink.com> Web site for the PEGASYS studio, with program schedules: hiip://www.pegasysaccess.org studio location: 612 West Green Street, Ithaca, New York mailing address: 519 West State Street, Ithaca, NY 14850 phone (607) 272 -7272 fax (607) 277 -5404 PEGASYS staff: Lauren Stefanelli Lauren. stefanelligtwcable.com 0 Access Coordinator Report to A.O.C. June 2009 • Producer Achievements: An Ithaca producer won a national Hometown Award. Chris Burt of Ithaca College won a "Best Educational Access" PEGASYS Award in February and was one of 4 entries entered by Time Warner in the Hometown Award competition. Chris' program, "Busking the Big Apple," was chosen as the Best Documentary Profile. Another producer, Bruce McKee, had his PSA for the History Center chosen for inclusion in the Theodore Case Film Festival in Auburn, NY. This new regional festival for short videos is something we will be looking at networking with more in the future. • Repair and Maintenance On June 1, the PEGASYS facility was closed while unscheduled building maintenance is completed. During this period, cablecasting playback and field equipment sign -out have been uninterrupted. • PEG Rules As I informed the AOC over a year ago, I have been working on unified PEG cablecasting rules for central NY Time Warner cable systems. These rules were based on our rules in Ithaca. They have been completed and are in force in these other areas. I am ready to submit them to the AOC for their approval so they can be used here. They consist of a 6 -page manual plus a system - specific page covering submission of media and scheduling. This document is attached. The rules do not touch on our production facilities, which would become a separate document. I would like to use this as an opportunity to revise and update our production rules, and welcome input from this group in doing this. • Reports Two reports were submitted to the AOC by email prior to this meeting: - 2009 PEG Fee Report for the first half of 2009 - Subscriber 15 Cent Fee for PEG Capital through May 2009 Time Warner Cable Central NY Division Public Access Television Policies Time Warner Cable (TWC) provides local individuals with the opportunity to present television programs on Public Access Channels, cable television channels especially set aside for local, non - commercial use by the public. Public access channels are offered in numerous municipalities within the Central NY Division. They are carried on the basic tier of service, and can be viewed by all cable households within their own local areas. Programmer Right of Free Speech Public Access Television was created specifically to allow a public free speech forum. Those submitting programs are called "programmers" because they determine the content on the Public Access Channels, rather than content being determined by a station manager. Programmers may submit shows on any non - commercial subject. Time Warner Cable is forbidden by law from exercising editorial control over access programs. Eligibility All programmers must review TWC Public Access Policies, provide proof that they are at least 18 years old and reside within the cable service area, and sign a Statement of Compliance. Program Submission Requesting cablecast of an individual pre- recorded program is as simple as submitting a labeled program with a Cablecast Agreement. Some submissions procedures vary from cable system to cable system, reflecting specific cablecast equipment and staffing available. Please review the Cablecast Requirements for your system. The following policies are common to all TWC Central NY Division Public Access services: 1. No Fees: There is no charge to use public access channels. 2. Local Speech: As the purpose of public access channels is to promote diverse, local expression, priority is given to locally - produced and new programs. 3. Syndicated Programs: Programs produced outside the local area are also accepted, provided they are submitted by an eligible local resident who serves as the local programmer. 4. Scheduling Restrictions: Programs are scheduled at the discretion of TWC staff. A limited number of plays can be offered new programs. Consult local rules for details. 5. Programmer is Identifiable: The programmer's name must be shown at the end of locally - produced programs. In addition, Time Warner Cable reserves the right to show a "programmer identification notice" before or after any program. TWC will give out personal contact information for any programmer upon request. 0 6. Questionable Programs: Programs with some elements that have been previously cablecast and some new elements are considered "new" for cablecast purposes if 51% or more has not been previously cablecast. Replacing music or graphics will not entitle a previously -run show to consideration as a new program, nor will re- submission by another individual. Videos consisting solely of character generator screens are not considered programs and cannot be accepted. Other questionable cases will be reviewed on an individual basis. 7. Advisories: Programmers are strongly urged to show consideration for viewers by using warnings preceding material that includes violence, adult language or nudity and are required to do so in cases of indecency. 8. Sponsors: Contributions to support a program may be acknowledged by a notice up to 10 seconds in length at the beginning and end of the program. The sponsor name and logo may be used. Other information about the sponsor, such as telephone, address, slogans, product information or product display is not permitted and is considered a commercial use of the channel. 9. Program Deliverer Programs must be delivered and retrieved by programmers in a timely manner. Appropriate deadlines for delivery and pickup will be established in each system. Programs not delivered by their deadline will not be cablecast. Programmers who fail to deliver scheduled programs by the delivery deadline on more than 2 occasions per year forfeit their program submission privileges for a period of 90 days. 10. Program Pickup Programs not retrieved within 30 days are considered abandoned and will be discarded. Programmer Liabilities Along with freedom of expression comes responsibility. Programmers must 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 TWC policies. Please review the following rules about program content very carefully. Commercial Restrictions Programmers must affirm in the Cablecast Agreement that their program will contain no commercial content. Commercial programming is prohibited by law on public access channels. Programming will be considered commercial when it: 1. 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. 2. directly solicits funds or other things of value. Exception: 501(c)3 organizations may discuss fundraisers. 3. solicits funds for candidates for public office. Note: programs may discuss or advocate voting for specific candidates. 4. conducts lotteries or provides lottery information. Penalty for Violation: Programmers found to be using public access channel time for commercial programming will be suspended from use of the public access channel for a period of 6 months, and may be subject to billing for the channel time used at TWC's current leased access rates. Illegal Content Restrictions Programmers must affirm in the Cablecast Agreement that their program will contain no illegal content. Several content areas may give rise to questions of legality: 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. 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. Fighting A legal doctrine that permits prior censorship of words that create a clear and present danger of inciting an audience to disorder or violence. Time Warner Cable may not exercise prior restraint by determining a show contains illegal material and refusing to cablecast it. This determination must be made through the legal system. Any person, including TWC 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. Time Warner Cable must obey all court injunctions and decisions directing it not to cablecast a program. A person who feels (s)he has been personally injured by the programmer's show may bring a civil suit asking that the show be enjoined from further cablecast and possibly asking for monetary compensation as well. Examples of civil tort issues that may arise in media: 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. Defamation of Character The issuance of a false statement about another person, which causes that person to suffer harm. 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 programmers understand issues of legality in access television programming. Programmers are advised to consult an attorney if they feel that their program may expose them to liability. Penalty for Violation: Programmers determined to be submitting illegal programming will be suspended from use of the public access channel for a period of 1 year. Indecency Restrictions Indecent programming is legally defined as: programming that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards. Indecent programming is permitted by law on public access channels, but with certain restrictions to protect viewers. Programmers must notify Time Warner Cable at the time of their request when their program will contain indecent material. Such programs will be scheduled for cablecast only between the hours of 10 pm and 4 am. Programmers must include the following viewer advisory warning for 15 seconds before the start of the 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. The content of this program is solely the responsibility of [insert programmer name] and not of Time Warner Cable." Penalty for Violation: Programs which have been identified as "indecent" that are not preceded by the content warning will not be cablecast. Time Warner Cable Central NY Division PEG Access Television Services Statement of Compliance Name: Phone: Address: Email: Municipality: ID Verified: E Please read carefully and sign below: I have read and understand Time Warner Cable Public Access Television Policies, and agree to abide by them. As a Programmer, I understand and agree that: 1. I bear sole legal responsibility for the content of all programs I submit. 2. I will not submit material that is commercial, obscene or otherwise illegal. 3. I will obtain all necessary clearances for material produced or controlled by others. 4. My name must appear in a title at the end of all my locally - produced programs. 5. 1 agree to allow my contact information to be made available to the public. 6. I will observe program submission rules, including program delivery and pickup requirements. For systems with Time Warner Cable television production facilities on1X As a Producer, I understand and agree that: 1. I accept responsibility for any loss or damage, other than normal wear and tear or pre- existing conditions, to Time Warner Cable equipment while it is in my possession. 2. Time Warner Cable equipment is to be used solely for the purposes of producing non - commercial programming for a public access channel. 3. Programs produced with Time Warner Cable equipment may not be distributed for profit for 1 year without the written consent of Time Warner Cable. 4. I have read current production facility usage rules and agree to abide by them, and will ensure that any crew or guests accompanying me do so as well. I understand that failure to follow Time Warner Cable Public Access Television Policies may result in my privileges to use these facilities being restricted or suspended. Signature: Date: Time Warner Cable Public Access Cablecast Agreement ProgramTitle Length: Media type: Local / Syndicated [circle one] May include indecent material? [see access policies for details] For series only: Frequency: Weekly / Bi- weekly / Monthly [circle one] Programmer Name: Address: e-mail: Phone: 10 Please read the programming agreement carefully and sign below: I hereby request that Time Warner Cable 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 attest that the Program(s) contain no material which is commercial, obscene or otherwise illegal, as defined in Time Warner Cable Public Access Policies and by law. I understand that I may be held criminally or civilly liable for such content appearing in the Program(s). I authorize Time Warner Cable to make available contact information to members of the public who make inquiries about the Program(s). I have read and understood Time Warner Cable Public Access Policies regarding cablecast rights and obligations, and agree to abide by them. I understand that failure to follow these policies may result in Time Warner Cable's refusal to cablecast the Program(s) and/or restriction of my right to submit additional programming. I understand that in the case of programming produced through Time Warner Cable facilities, failure to follow Time Warner Cable policies in the creation of these programs may result in disciplinary action, including suspension of my access privileges. I understand that, in addition to these penalties, submitting commercial programming for cablecast on public access channels will obligate me to reimburse Time Warner Cable for all cablecast time used at current commercial rates. My signature hereupon shall indicate my acceptance of these responsibilities and the following indemnifications: 1. 1 indemnify and hold Time Warner, their parent(s) and their respective officers, employees and agents harmless from any and all losses, claims, damages, liabilities or amounts paid in settlement of pending or threatened litigation which arises out of or are based upon the content of the Program(s), including without limitation any assertion of defamation, infringement of copyright, music or other performing rights, or other rights to privacy, and shall reimburse the above indemnified parties for any legal or other expenses incurred by them in connection with investigating any such claims or defending or settling any such actions; and in connection with investigating any such claims or defending or settling any such actions; and in connection with the above indemnities, the indemnified parties reserve the right to select and direct the counsel of their choice. 2. I hereby waive any claims of other assertions, and agree I shall have no recourse, against Time Warner, its parent(s) and their respective officers, employees and agents as a result of the undertakings contemplated hereunder. Said waiver shall extend but not be limited to, the loss of or damage to the Program(s) while in the possession of Time Warner. 3. Nothing in this Agreement shall be taken as construing the creation of a contract of adhesion between myself and Time Warner or any Time Warner system. I have read all the forgoing, and understand its provisions as they apply to me and the Program(s). Signature of Programmer Date 11 Time Warner Cable Central NY Division PEG Access Television Services Submission Procedure System Name: Ithaca Media Types Accepted: VHS -SP; SVHS -SP; DVD; MPG2; MiniDV -SP; DVCAM Formatting Requirements Where to Submit Program Individual Program Delivery Series Program Delivery Notification of Programmer Number of Plays per Program: Additional Reruns: Requests per Programmer: 5 sec black before / after programs Slates required when multiple programs are on a tape /DVD PEGASYS or TWC cable office Programs must accompany individual cablecast requests. Series are scheduled in 4 -month seasons [Jan - April; May- August; Sept -Dec]. Episodes are due no later than 6pm on the business day before cablecast. Renewal request materials are available 1 month before the start of each season. Programmers will be notified by email or US mail of scheduled program times. Schedule requests will be responded to within 7 business days. 3 as channel space permits at staff discretion no limit