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HomeMy WebLinkAboutMN-CABLE-2014-09-15Access Oversight Committee (AOC) minutes Monday, September 15, 2014, 4:30 PM Meeting Room, PEGASYS Access Center, 519 West Green Street, Ithaca, NY As approved October 13, 2014 Present: AOC members Wayles Browne, vice -chair Wies van Leuken, Michael Brutvan; studio manager Lauren Stefanelli. Absent: chair Rich DePaolo, Liaison from Common Council (City of Ithaca) J.R. Clairborne. 01. Call to Order by W. van Leuken 4:55. 02. Agenda Additions and /or Deletions: 1. 03. Public Comments: none. 04. a. Approval Minutes of the July 14, 2014 Meeting: approved with slight changes. b. Approval Minutes of the August 4, 2014 Special Meeting: approved with a slight change. 05. Access Studio Coordinator Report a. TWC's 2013 Budget Purchases Report: attached. All items are here, and under budget! AOC has reviewed the invoices (not included in these minutes). AOC thanks Stefanelli for her perseverance in navigating the bureaucracy. b. Recommendations for 2014 Budget. Van Leuken: can we bundle the 2014 and 2015 budgets together? Stefanelli answers that this can be done. AOC adopts the following Resolutions: AOC agrees to combine the 2014 and 2015 budgets into one, rolling 2014 sums into 2015, so that the 2015 budget will now contain $60,000. Passed 3 to 0. Resolved, that AOC requests Stefanelli to purchase 2 new DVD players from contingency funds (one to replace a broken DVD player used for playback, one as backup). Passed 3 to 0. Stefanelli: there's an old spare DVD player, but she has not since July been able to get enough of Time Warner Cable (TWC) engineer Paul Cullings's time to install it. AOC expresses strong concern. Brutvan will give AOC a list of other studio needs including chargers for GoPro cameras. For October meeting agenda: we want to get both live and archival streaming capabilities. At the most recent City Council meeting, the live streaming went down, and the City Clerk got many calls from the public. c. TWC's Maintenance and Repair Report. Attached. d. Comments on PEGASYS' Policies and Procedures Manual. Stefanelli has created a revised version (attached) and will e -mail it to AOC members. Van Leuken will compare it to the AOC's version approved June 2, 2014. e. PEGASYS Operations during September & October, 2014, i.e. when Stefanelli is on vacation and will be replaced by Mike Cederstrom. AOC feels it needs data on expenditures as well as collections usage fees. f. Recommendations for Facility Improvements. Stefanelli talked to Thomas Doheny (now in charge of TWC facilities and buildings) about getting an estimate on facility improvements, but no definite result yet. The entrance is being worked on. We need lighting; signage; removal of a fence; planting beds; some linear editing equipment removed (for which TWC has to agree to an asset transfer); painting of rooms; partitions. Brutvan: could there be a redesign of the rooms to improve training courses for producers? Stefanelli will consider this. Van Leuken: can painting be the first thing done? - AOC asks Stefanelli to contact Doheny for a reasonable quote on painting. White walls would be desirable for projecting images on. g. Visit by PEG supervisor Gary Black 2 and his boss Mike Montesano (TWC Rochester) on August 7. Stefanelli: they were positive and interested in helping PEG. I asked them for help in getting PEG into the channel guide listings, and they will follow up. 06. Member Reports a. Franchise Fee Report. The Village of Cayuga Heights and Town of Ithaca are up to date; van Leuken still needs the City of Ithaca's report on fees received in the first and second quarter of 2014. b. Meeting with TWC's Director of Government Relations: Follow -Up. Tabled till the October meeting. c. Report 9/3/14 Common Council Meeting RE TWC - Comcast Merger. Tabled till the October meeting. d. Publicity. Tabled till the October meeting. e. PEG's place in the community. Tabled till the October meeting. f. Public Comment Session at 3/3/14 Meeting: Follow -Up. Tabled till the October meeting. g. Quality of PEG Cablecasts: Follow -Up. Tabled till the October meeting. h. AOC's 2013 Equipment Purchases Report to City: attached. All the equipment ordered under the 2013 budget has now arrived, $7000 under what was authorized. 07. Old Business a. Franchise Agreement: no report on negotiations. b. Equipment Recipients' reports: item deleted. c. Migration PEG channels: no report. d. Repairs to PEGASYS' entrance: in progress. Stefanelli has asked repair persons to flip the door so as to open the opposite way. (To a question from AOC:) the work is not paid for out of the AOC's budget. 08. New Business: discussion of soliciting input from producers, e.g. by using Survey Monkey. 09. Next meeting: Monday, October 13. 10. Adjournment 6:35. September 2014 Access Studio Coordinator Report - Educational and Governmental Access News Ithaca High School has purchased a NEXUS server. They are planning to get a fiber hookup from TWC, and plan to ultimately do their playback from the high school. Both New Roots School and Cascadilla School have informed me that they would like to work with PEGASYS again this year to get trained and produce programming. - Access Equipment Fund All purchases under the 2013 access capital fund are completed. A spending invoice is attached, as well as an updated franchise -long collections v. spending report. - Equipment and Facility Maintenance and Repair During an electrical storm in July, one of our playback DVD players was damaged. It will need to be replaced in our next equipment plan [2015]. Entranceway improvement: Our front entrance awning has been replaced. Within the next month or two, our front entrance will be changed. The public will enter via the parking lot side, and the current entrance will become part of a planting bed. Contractors decided that the chronic water problems in our current entrance can not be resolved, and so are moving the entrance to the other side. During that work, the planting area will be cleared out, ivy removed and lighting problems corrected. PEGASYS Operations During Staff Vacation I will be on vacation from 9/17 -10/9. Attached is a schedule that has been sent out and distributed on paper to producers of PEGASYS hours during this period. Attached is also an accounting of the user fees we have to pay Mike Cederstrom to act as staff while I am on vacation. I will note that part of the reason we have access to as many hours as we do is because of the $200 from New Roots School to cover their out -of- area students. This is over a third of all user fees collected. New Field Equipment We introduced 10 new field cameras and accessories in August. Our August portable class is the first to switch over to the new cameras. We have had 4 orientation classes for experienced producers on the 3 different models. So far, feedback is very good. PEGASYS Policies Over a year ago, I presented a new policy manual to the AOC, reflecting Time Warner's desire to have some uniformity in rules for cablecasting submissions across its various systems, while still allowing differences in production rules and media submission criteria to accord with differences in staffing and equipment. However, the AOC's preference was to take our old policy manual [2000] and completely rewrite it. Accordingly, I have gone through that draft and updated it to be in line with our current equipment, as well as brought it into compliance with the nomenclature and legal language being adopted by all Time Warner Systems. Copy attached. September 2, 2014 Dear PEGASYS Producers and Friends, PEGASYS hours will be slightly reduced in late September — early October because I will be away on vacation. However Mike Cederstrom, who has worked for us numerous times before, will be taking care of the studio and of you while I am gone. Our hours for mid -Sept to Mid - October will be: Week of 9/15 -9/18 Monday, 9/15 5:30- 9:30pm Tuesday, 9/16 5:30- 9:30pm Wednesday, 9/17 CLOSED Thursday, 9/18 5:30- 9:30pm Week of 9/22 -25 Monday, 9/22 5:30- 9:30pm Tuesday, 9/23 CLOSED [Mike has to shoot a school board meeting that night] Wednesday, 9/24 CLOSED Thursday, 9/25 5:30- 9:30pm Week of 9/29 -10/2 Monday, 9/29 5:30- 9:30pm Tuesday, 9/30 5:30- 9:30pm Wednesday, 10/1 CLOSED Thursday, 10/2 5:30- 9:30pm Week of 10/6 -10/9 Monday, 10/6 5:30- 9:30pm Tuesday, 10/7 5:30- 9:30pm Wednesday, 10/8 1 -5pm Thursday, 10/9 CLOSED [Mike has to shoot a city meeting that night] You can contact Mike through the PEGASYS phone line [272 -7272] or through his personal email: mdc38(o)_cornell.edu For those of you who may not know this, our funding for hours for substitute staffing is provided courtesy of those producers and volunteers who pay a bi- annual usage fee. Thanks very much to all of you for making it possible for PEGASYS to be open while I am on vacation! Cordially, Lauren Stefanelli Access Coordinator Mike Hours: Week of 9/15 -18 PEGASYS Office City Meeting Total Hours: 8 Wed, 9/17 CA 5 -9pm Thurs, 9/18 5:30- 9:30pm Week Of 9/22 -25 PEGASYS Office City Meeting Total Hours: 8 Mon, 9/22 5:30- 9:30pm Thurs, 9/25 5:30- 9:30pm [note: Tuesday, 9/23, Mike has ICSD BOE meeting, and so is unavailable] Week of 9/29 -10/2 fMon /Tue /Thul City Meeting Total Hours: 12 Mon, 9/29 5:30- 9:30pm Tues, 9/30 5:30- 9:30pm Wed, 10/1 CC 5 -9pm Thurs, 10/2 5:30- 9:30pm 4 hrs Week of 10/6 -9 PEGASYS Office City Meeting Total Hours: Mon, 10/6 5:30- 9:30pm Tues, 10/7 5:30- 9:30pm Wed, 10/8 1 -5pm Wed, 10/8 PED 5 -9pm Thurs, 10/9 BUD 5 -9pm CITY Budget — MIKE 1. Thursday October 9, 2014 p.m. 3. Thursday October 16, 2014 p.m. 4. Monday October 20, 2014 p.m. 7. Thursday November 13, 2014 p.m. (Final Vote) 7:00 7:00 ME M11 Vender 5 15 6 6 8 2 5 2 5 2013 Ithaca Equipment Fund - Final Report Cost $ 49.79 Quantity Vender each B &H total New fleet tapeless camcorders [5 units] $ 441.42 2 BATC -2AA Battery Holder Case B &H# SOBATC2AA B &H $ JVC GY- HM150U Compact Handheld 3 -CCD Camcorder B &H $ 1,795.00 $ 8,975.00 JVC BN- VF823USP Lithium -Ion Data Battery B &H $ 59.90 $ 898.50 Magnus VT -4000 Tripod System with Fluid Head B &H $ 93.19 $ 559.14 Pearstone Digital Video Camcorder Bag B &H $ 42.07 $ 252.42 16GB SDHC Memory Card Extreme Class 10 UHS -1 - 2 -Pack B &H $ 35.95 $ 287.60 32GB SDHC Sandisk Memory Cards B &H $ 39.95 $ 79.90 JVC HZ- HM150VZR Remote Lens Control For GY- HM150U Camcorder B &H $ 239.63 $ 1,198.15 JVC Wide -angle conversion lens B &H $ 265.19 $ 530.38 Cables Mini 3.5mm Metallic Audio Transfer Auxiliary Cable - 6' B &H $ 2.99 $ 14.95 Sony HXR -NXSU NXCam Professional Camcorder B &H $ 3,595.00 $ 7,190.00 Sony NPN70 Battieries B &H $ 104.99 $ 629.94 GoPro HERO3 +: Silver Edition Camera B &H $ 224.99 $ 449.98 GoPro - Rechargeable Battery for HERO3 B &H $ 14.62 $ 58.48 Pearstone - shoulder bag for GoPro B &H $ 7.48 $ 14.96 SanDisk - 16GB microSDHC Card Ultra C110 UHS -1 w /microSD Adapter B &H $ 15.95 $ 63.80 GoPro Hero3 Skeleton Housing B &H $ 26.63 $ 53.26 GoPro LCD Touch BacPac B &H $ 59.99 $ 119.98 GoPro Battery BacPac B &H $ 37.49 $ 74.98 GoPro Chest Mount Harness B &H $ 21.30 $ 42.60 GoPro Head Strap Mount B &H $ 13.46 $ 26.92 GoPro Roll Bar Mount B &H $ 15.98 $ 31.96 GoPro Tripod Mount B &H $ 6.29 $ 12.58 1 K &M 210/9 Tripod Microphone Stand with Telescoping Boom (Black) B &H $ 49.79 $ 49.79 2 Sony ECM -NV1 Microphone B &H $ 220.71 $ 441.42 2 BATC -2AA Battery Holder Case B &H# SOBATC2AA B &H $ 12.27 $ 24.54 2 SADVH1B UWP Mic Clips (4) B &H# SOSADHV1B B &H $ 27.95 $ 55.90 2 Samson BL3 Ultra -light Mike Stand B &H $ 20.12 $ 40.24 10 XLR Cables Audio Technica 20' B &H $ 14.59 $ 145.90 10 Western Digital 1TB External Hard Drive B &H $ 62.00 $ 620.00 2 Pearstone Firewire 4pin -4pin cable, 6' B &H # PECFW446 B &H $ 2.98 $ 5.96 2 Pearstone Firewire 4pin -4pin cable, 3' B &H # PECFW463 B &H $ 3.50 $ 7.00 subtotal $ 22,956.23 total $ 22,956.23 PEG Access Equipment Fund and Spending: 2004 - 2013 2004 2004 PEG Access Collections ($.15) $22,768.04 PEG Access Equipment Spending $19,372.15 2005 2005 PEG Access Collections ($.15) $20,144.93 PEG Access Equipment Spending $14,814.73 2006 2006 PEG Access Collections ($.15) $19,616.00 PEG Access Equipment Spending $0.00 2007 2007 PEG Access Collections ($.15) $18,807.00 PEG Access Equipment Spending $19,338.81 2008 2008 PEG Access Collections ($.15) $18,347.25 PEG Access Equipment Spending $11,749.14 2009 2009 PEG Access Collections ($.15) $17,509.95 PEG Access Equipment Spending $17,954.00 PEG Access Equipment Spending $3,148.13 2010 2010 PEG Access Collections ($.15) $16,593.60 PEG Access Equipment Spending $17,433.96 2011 2011 PEG Access Collections ($.15) $15,088.35 PEG Access Equipment Spending $9,589.92 2012 2012 PEG Access Collections ($.15) $14,032.50 PEG Access Equipment Spending $4,254.78 2013 2013 PEG Access Collections ($.15) $13,977.69 PEG Access Equipment Spending $22,956.23 Total $176,885.31 PEGASYS Television Center Ithaca, NY a service of Time Warner Cable City of Ithaca Town of Ithaca Village of Cayuga Heights Policies and Procedures Manual DRAFT Lauren 7/30/14 PEGASYS Policies and Procedures Manual GENERAL All data, fees, addresses and other information included in this Manual are those in force as of the date listed on the title page of this Manual. I. PEGASYS BASICS 1.1 What Is PEG Access Television? PEG Access Television was created specifically to provide a public free speech forum. It is the voice of your community. The Federal Cable and Telecommunications Acts of 1984, 1992 and 1996 permit and encourage local governments to require local cable operators such as Time Warner Cable (TWC) to provide equipment, facilities, and channel space for public, educational and government access (known as "PEG access ") on local cable systems as compensation for the cable companies' use of local rights -of -way. Local individuals, groups, educational institutions and governments can use the 3 PEG access channels of the TWC cable television system to transmit programs to residents of the TWC Service Area (Tompkins County except the Town of Enfield). This can range from bulletin board announcements to community events and artistic expressions all the way to full -scale documentaries. In Tompkins County, these messages reach about 20,000 subscriber households. All this requires one vital ingredient to make it come alive: you! 1.2 PEGASYS and Participating Municipalities PEGASYS is our local PEG Access Television system, provided with funding from participating municipalities and Time Warner Cable. TWC owns and operates the access system, pursuant to its franchise agreements with the City of Ithaca, and other municipalities. Participating Municipalities are those municipalities that under their franchise agreements provide the funding for PEGASYS staff and equipment. Currently those are the City of Ithaca, Town of Ithaca and Village of Cayuga Heights. PEGASYS includes: a. three PEG channels that are carried on the basic tier of cable service: - Public Access appears on: Channel 13 (on TV's with cable box or TWC digital tuning adapter (DTA)) Channel 97 -3 (on TV's with built -in digital QAM tuners); - Governmental Access appears on: Channel 15 (on TV's with cable box or TWC digital tuning adapter (DTA)) Channel 97 -4 (on TV's with built -in digital QAM tuners); - Educational Access appears on: Channel 16 (on TV's with cable box or TWC digital tuning adapter (DTA)) Channel 97 -5 (on TV's with built -in digital QAM tuners) b. the PEGASYS Television Center, a fully equipped and staffed studio for the creation and cablecast of PEG access programming. The PEGASYS Center houses a television studio, playback room, mini studio, editing stations, a viewing /dubbing area, portable video kits, a meeting room, a training room and staff office. It is located at 612 West Green Street, Ithaca, NY, and is handicapped accessible. 1.3 Access Oversight Committee (AOC) Oversight of PEGASYS is 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 (see Section 1.2) and majority representation from the City of Ithaca. It monitors and makes rules for PEG access television policies, hours of operation and staffing and recommends equipment budgets for public, governmental and educational access pursuant to Chapter 18 of the City Code and the City's 2003 Franchise Agreement. The ADC's contact information, agendas and minutes are available at the PEGASYS studio and the City of Ithaca's website. The AOC receives its correspondence at Ithaca's City Hall, 108 East Green Street, Ithaca, NY 14850. The Committee encourages and welcomes input from Producers. (additional contact information is at Section VIII, Appendix) 1.4 Eligibility a. To use PEGASYS channel time, you must reside in TWC's Service Area, be at least 18 years old, sign the Cablecast Agreement and Statement of Compliance, attached at Section VIII, Appendix. b. To use PEGASYS production facilities, you must fulfill the requirements of Section 1.4a above, complete PEGASYS training and be certified by Staff for all PEGASYS equipment to be used. Use of the production facilities is free for residents of Participating Municipalities. Use by others is subject to a bi- annual Usage Fee, set at $40.00 for individuals and $100.00 for organizations. This Usage Fee is due when you first receive training, and every six months thereafter. c. Minors are permitted to assist on video productions at PEGASYS when an adult takes legal responsibility for the minor's facility use. Minors must be at least 14 years old. Exceptions may be made at staff discretion. 11. TRAINING OFFERED AT PEGASYS. 11.1 What Courses Are Offered? Two basic courses are offered: studio production and portable production, which includes video editing. Training classes are offered monthly, about 11 times per year. Training class dates are posted in the Studio, announced in the local press, on the Community Bulletin Board and at < http: / /pegasys.webstarts.com / >. Training information is sent to any member of the public upon request. Advanced courses are also offered on an intermittent basis to those who have completed the basic training courses. 11.2 Course Reauirements No prior experience is required or assumed for the basic studio or portable courses. There is one pre- requisite: the applicant must demonstrate his or her intention to produce or participate in the production of access programming at PEGASYS. 11.3 Certification in Production Skills Trainees are immediately certified to work with any piece of equipment for which they have attended the relevant training class. 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 video training classes or demonstrating proficiency to staff. Individuals with prior experience who wish to test out of a portion of the training course may arrange this with Staff. 11.4 Producer Certification To be certified as a Producer, volunteers must have completed the training requirements for the type of production (studio, portable and /or editing) their program will require, as well as demonstrated knowledge of the PEGASYS Policies and Procedures Manual ( "the Manual "). At this point, they are ready to begin their first program. While they are working on this first program, they are considered a New Producer. A staff person acts as mentor during this period, and assists in pre - production planning and facility scheduling. After successfully completing and cablecasting a first program, a New Producer graduates as a Certified Producer. This enables a volunteer to schedule production time to produce additional programs using any category of equipment [studio, portable /editing] for which they have been trained. III. RULES WITHIN THE PEGASYS TELEVISION CENTER (STUDIO) 111.1 Hours of Operation The PEGASYS Television Center (also called the "PEGASYS Studio" or "the Studio ") has the following hours of operation: 5:30 PM - 9:30 PM Monday, Tuesday and Thursday 1 :00 PM - 5:00 PM Wednesday. The PEGASYS Studio will be closed at certain holidays and may also be closed during staff vacations. Such closings will be posted at the Studio and announced in writing to Series Producers at the start of each 4 -month scheduling period. 111.2 Building Rules a. No alcohol or smoking at the PEGASYS Studio. b. No food or drink in any production area. c. Leave the Studio and equipment in the same condition as you found it. A staff checkout before the end of the reservation period is required. d. Never attempt to repair any equipment. NO EXCEPTIONS. Report any equipment problems promptly to PEGASYS staff. 111.3 Media Copvina Producers may make a reasonable number of copies of any program which has been submitted for cablecast. Members of the public requesting copies are referred to the producer. 111.4 Media Storaae The Playback Room is a secure area. Nevertheless, accidents happen. PEGASYS is not responsible for media damaged during cablecasts. Producers are encouraged to submit copies, not program masters. A Media Pickup Area is available for Producers to leave media for program guests, and for Staff to leave program media that are no longer required for cablecasts. Project shelves are available for Producers with ongoing production storage needs. Access staff will arrange for space on this shelf. The Pickup Area and Project Shelves are not secure areas. PEGASYS is not responsible for media left there, or in production areas. Media not retrieved from the Pickup Area 30 days after the completion deadline of a project or the last cablecast of a program, will be considered abandoned and discarded. IV. THE PRODUCTION PROCESS IV.1 Production Planning All Producers are encouraged to use access Staff to help them get the most from the PEGASYS production facilities. Please make an appointment for time - intensive production consultations. This is mandatory for New Producers. IV.2 Making Production Reservations Production time will be allocated on a first -come, first - served basis. To reserve studio, editing, dubbing, or portable facilities you must: - be a certified producer; - have a current Cablecast Agreement and Compliance Statement on file; - have an individual or series project activated by Staff. All projects have deadlines, and your reservation should be made within these deadlines. If you need an extension of your project deadline, if may be granted at staff discretion. You may be asked to do additional production planning to be granted such an extension. IV.3 Cancelling Production Reservations Cancellations of production reservations should be made with as much notice as possible so that other Producers can use those time - slots. IVA Care of and Responsibility for Equipment PEGASYS staff will examine 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. TWC reserves the right to determine the proper course of treatment (repair or replacement) for damaged equipment, and to bill this amount to the responsible Producer. Such actions will be reported to the AOC. In the case of a dispute over liability, the matter may be brought before the Access Oversight Committee, which will make a final determination. IV.5 Production Crew Producers are responsible for assembling their own crew. All technical crew must have completed PEGASYS training. Producers may not expect PEGASYS Staff to serve as crew on their productions. V. PROGRAMMER SUBMISSION RULES V.1 Who May Make Cablecast Requests a. Any resident of the TWC Service Area (Section 1.1) who meets the eligibility requirements of Section 1.4 may submit programming to PEGASYS. Those submitting programs are called "Programmers." There is no charge to use public access channels. b. Cablecast requests for single programs will be scheduled within three PEGASYS business days of the delivery of program media and Cablecasting Agreement form. c. Series programs are multiple programs with the same title. A Series may be live or pre- recorded, locally produced or syndicated and may be scheduled weekly, bi- weekly or monthly. Programmer requests for Series programs will be scheduled for up to 4 -month seasons. Series may be renewed, although the same timeslots cannot be guaranteed from one season to another. Renewal applications are emailed to programmers prior to each new season. Because series reservations are made in advance of receiving, or production, of episodes, Series Programmers must demonstrate their reliability by having either: provided a Series before or produced a pilot episode. Those Series Programmers who repeatedly fail to deliver programs will be restricted to having programs scheduled only upon media delivery. d. Cablecast requests for live studio programs may be made by Producers certified on studio use as described at Section II. You should request studio and cablecast time simultaneously and allow at least half an hour before and after your show for set -up and clean -up. V.2 Proaram Submission Standards a. Media Formats accepted: SVHS, VHS, MiniDV, DVCAM, DVD and MPG -2. SP or EP speed only. DVDs and MPG -2 files must be tested for compatibility. b. Credits: The Programmers name must be identified in a credit at the end of each locally - produced program'. Programmers using PEGASYS facilities are requested to tag their program with the following acknowledgement: "Produced at the PEGASYS Television Center, a service of Time Warner Cable, Ithaca, NY." c. Labels: Media must be labeled with the name and contact information (address and /or telephone number) of the Programmer, name of program, episode number for Series, and exact running time. d. Audio Levels should ideally be between -5 and -3 db for analog media and between -20 and -12 db for digital media. It is not possible to adjust playback audio level output for individual programs. e. Formatting: Programs on DVD and tape 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. Length Restrictions: there are no program length restrictions, except that programs must fall within the time slots for which they were scheduled. g. Media Delivery Deadline: Programs must be delivered on the working day prior to cablecast: to PEGASYS by 7 pm, or to the TWC office at 519 West State Street during business hours. h. Advisories: Producers and Providers 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 indecent content as further described at Section VIA. j. Resection of Media: Media will be rejected if they have been physically damaged, are excessively dirty or have audio or video instability. V.3 Cablecast Scheduling Rules a. Channel Assignment: 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 Governmental Channel. Persons requesting channel time on E or G Channels must be authorized by an educational or governmental institution to do so. b. Premiere Programs: You may schedule up to 4 plays annually of your new program. This is considered its "Premiere." c. Rerun Programs: are programs that have completed their Premiere in the current year. Reruns are scheduled on a "To Be Announced" basis. d. Encore Programs: are programs that completed their Premiere in a previous calendar year. Programmers may schedule up to 26 hours of Syndicated Encore programs and 52 hours of Local Encore Programs per calendar year. e. Choosing a Timeslot: Cablecasting time is available on a first -come, first served basis, with Programmers given input on the timeslots selected and with preference given to locally produced, live and new programs. f. Playback Failure: In the event of a problem or error with a scheduled cablecast, PEGASYS offers the remedy of an additional scheduled play. g. Program Sponsor: A sponsor is defined as an individual or organization not directly involved in the production of an access program, who contributes money or goods to cover production expenses and who receives acknowledgement 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 name and logo may be used. The acknowledgement 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. VI. PROGRAMMER CONTENT RULES 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 the PEGASYS Manual, as further described below. V1.1 Free Speech Rule In accordance with national, state and local regulations, PEGASYS, Time Warner Cable and municipalities may not exercise editorial control of program content on access channels, except to prohibit commercial or obscene programming. V1.2 Commercial Content Restrictions Programmers must affirm in the Cablecast Agreement that their program will contain no 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: 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. V1.3 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: 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. Time Warner Cable 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 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. TWC 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 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 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, subject to review by the AOC. VIA 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. Programmers are responsible for notifying TWC 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. Penalty for Violation: Programmers who fail to notify TWC 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 six months, subject to review by the AOC. V1.5 Program Ownership and Distribution Rights Program ownership rights belong exclusively to the producer of the PEGASYS 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 the access center. VII. MISCELLANEOUS V11.1 PEGASYS Awards The PEGASYS Awards is an annual video competition for PEGASYS producers held by Time Warner Cable. A celebration of the best in local PEG access programming, all producers are encouraged to contribute their best work to this competition, which culminates in an annual awards ceremony. V11.2 Archive Proarams PEGASYS maintains a continually changing collection of programs which can be used to fill in gaps in the programming day. PEGASYS staff are looking for shows of varying lengths, with topics which are not time - sensitive, from 2 minutes fillers to 1 hour in length. All programmers are welcome to donate programming to this archive. V11.3 Publicity PEGASYS provides listings of upcoming programs as part of its cablecasts on the PEG channels. Additional information is at < http: / /pegasys.webstarts.com / >. VITA Bulletin Boards The Community Bulletin Board (CBB) is an electronic calendar of upcoming community events, running on the Public Access channel when local programming is 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. To submit an item for the Community Bulletin Board, Email the information to: < lauren .stefanelli(cD,twcable.com> The Governmental Bulletin Board runs on the Governmental Access and is administered by the Tompkins County Clerk. V11.7 Conflict with Franchise Agreements If a statement in this Manual is in conflict with a Franchise Agreement between Time Warner Cable and any of the Participating Municipalities, the text of the Franchise Agreement shall take precedent. MIIWG1»=1 III 19104 1. Programmer Statement of Compliance 2. Producer Statement of Compliance 3. Cablecast Agreement 4. Training Request Form 5. Access Oversight Committee's Information for Producers PEiGASYS. at s your voice PEGASYS Public, Educational & Governmental Access System mail 519 West State Street studio 612 West Green Street, Ithaca, NY 14850 tel.: 607-272-7272 fax: 607-274-5404 Programmer Statement of Compliance Name: Address: Email: Phone: Municipality: ID Verified: Please read carefully and sign below: I have read and understand the PEGASYS Policies and Procedures Manual, and agree to abide by it. As a Programmer, I understand and agree that: 1. 1 bear sole legal responsibility for the content of all programs I submit. 2. 1 will not submit material that is commercial, obscene or otherwise illegal. 3. 1 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. 1 will observe program submission rules, including program delivery and pickup requirements. I understand that failure to follow the PEGASYS Policies and Procedures Manual may result in my privileges to use these facilities being restricted or suspended. Signature: Date: PEiGASYS. at s your voice PEGASYS Public, Educational & Governmental Access System mail 519 West State Street studio 612 West Green Street, Ithaca, NY 14850 tel.: 607-272-7272 fax: 607-274-5404 Producer Statement of Compliance Name: Address: Phone: Email: Municipality: ID Verified: Please read carefully and sign below: I have read and understand the PEGASYS Policies and Procedures Manual, and agree to abide by it. As a Producer, I understand and agree that: 01. 1 bear sole legal responsibility for the content of all programs I submit. 02. 1 will not submit material that is commercial, obscene or otherwise illegal. 03. 1 will obtain all necessary clearances for material produced or controlled by others. 04. My name must appear in a title at the end of all my locally - produced programs. 05. 1 agree to allow my contact information to be made available to the public. 06. 1 will observe program submission rules, including program delivery and pickup requirements. 07. 1 accept responsibility for any loss or damage, other than normal wear and tear or pre- existing conditions, to PEGASYS equipment while it is in my possession. 08. Public access equipment is to be used solely for the purposes of producing non- commercial programming for the Public Access Channel. 09. Programs produced with public access equipment may not be distributed for profit for a period of 1 year without the written consent of Time Warner Cable. 10. 1 have read the PEGASYS Policies and Procedures Manual and agree to abide by it, and will ensure that any crew or guests accompanying me do so as well. I understand that failure to follow the PEGASYS Policies and Procedures Manual may result in my privileges to use these facilities being restricted or suspended. Signature: Date: Time Warner Cable Public Access Cablecast Agreement Program Title Length: Media Format: Local / Syndicated [circle one] Series? Series frequency: Weekly Bi- weekly Monthly May include indecent material? [see access policies for details] Programmer Name: Address: e -mail: Phone: 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 Programs 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. I 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 PEGASYS e PEGASYS Public, Educational & Governmental Access System mail 519 West State Street studio 612 West Green Street, Ithaca, NY 14850 tel.: 607-272-7272 fax: 607-274-5404 Training Request Form Coming to an orientation will give you more information about PEGASYS, a tour of our facility and the opportunity to sign up for a video training class. Please tell us a little about yourself. Today's date: Name: Address: Phone: Municipality of Residence: Email: PEGASYS provides video training and production facilities to allow local residents 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 show 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 show: * PEGASYS Usage Fees To be eligible to put programs on a PEG channel or take a training course, you must live within Time Warner Cable's service area 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 $40 per 6 month period. There are also rates for institutions allowing multiple users. ACCESS OVERSIGHT COMMITTEE (AOC) overseeing Public- Access TV in Tompkins County Dear Producer, The Access Oversight Committee wants to know about your experiences in the PEGASYS Studio. We like to hear what works for you and what doesn't. Does current equipment serve your needs? Are current hours of operations working for you? Do you have suggestions for improving communications between the Studio and you? Do you have other suggestions or comments we should know about? Please contact us, or even better, come to our meetings. The AOC meets most first Mondays of the month at 4:30 PM in the PEGASYS Meeting Room. The AOC Board Rich DePaolo <rdepaolo @town.ithaca.ny.us >, Chair Wies van Leuken <pmv4 @cornell.edu >, Vice -Chair Wayles Browne <ewb2 cornell.edu >, Secretary JR Clairborne <Iclairbo(a)_cityofithaca.org >, Common Council liaison Michael Brutvan noidea lightlink.com Mail Access Oversight Committee, City Hall, 108 E Green Street, Ithaca, NY 14850 PEGASYS Access Television Center, 612 W Green Street, Ithaca, NY 14850 (Mailing address = 519 W State Street) phone 607 - 272 -7272 http: / /pegasys.webstarts.com/