FCTV Policy Manual
1.0 INTRODUCTION
1.1 MISSION STATEMENT
FCTV is a Public, Educational, and Government (PEG) Access television facility that originates television programming on channels assigned by the cable TV franchise provider in the town of Fremont NH. As such, its primary purpose is to permit participation and awareness of governmental and educational programming and in terms of public access to act as a resource for the expression of FREE SPEECH for those in our community. The fulfillment of that primary purpose fosters the secondary purposes which are:
• A tool for communication;
• A means of entertainment and information;
• A means of education of the Townspeople of Fremont; and
• To foster the spirit of community.
1.2 STRUCTURE
FCTV is managed by the Cable Television Committee of the Town of Fremont NH under the authority of the Board of Selectmen who are the Franchising Authority. This authority was given to the Board of Selectmen by a vote of the Town Meeting. The Committee consists of three (3) regular members, one (1) alternate and one (1) representative from each of the Board of Selectmen and the School Board. Committee members are appointed by the Selectmen for a three (3) year term. Committee officers will include a Chairperson, Vice-Chairperson and Secretary. The Cable Committee is subject to all NH state laws including RSA 91A.
Fremont Community Television is a public, educational, and governmental resource provided by the franchise agreement between the Town of Fremont and the current cable TV franchise provider. All access is administered on a non-discriminatory basis. FCTV is the logo and call name of the channels that originate programming from the FCTV Master Control room or other official origination sites in the town of Fremont. Priority of programming will be determined by the Fremont Cable Television Committee.
The Fremont Cable Television Committee is responsible for overseeing operation of the equipment and control room. The Fremont Cable Television Committee has been chartered by the Fremont Selectmen with this task and operates under by-laws established and approved by the Board.
1.3 OPERATION
The Fremont Cable TV Committee does not produce or own any programming. However, as private citizens outside of the scope of their appointed status, committee members have the same rights as everyone else to use the resource of FCTV to exercise their First Amendment Rights. The Cable TV Committee is a volunteer committee, which relies on other volunteers for many functions.
1.4 PURPOSE OF POLICY MANUAL
The purpose of this document is to describe in detail the procedures for use of equipment and the facilities maintained by FCTV. Fremont Community Television is committed to the idea that community and public access programming should be community television serving the greater Fremont community.
1.5 FUNDING (reserved)
1.6 GLOSSARY
FCTV Fremont Community Television
Cable Committee The Committee appointed by the Board of Selectmen
Control Room The room from which recorded programming is transmitted to the cable
franchise provider for distribution
P.E.G. Public, Educational & Government
Public Access Non-Commercial programs created by Fremont citizens and non-profit
groups
Government Access Programs produced by staff or elected officials of the Town of Fremont and may include coverage of government meetings (as defined by RSA
91-A), profiles of Town services as well as servicing the communications
needs of various Town departments
Educational Access Programs produced or sanctioned by the Fremont School District and
Fremont based private educational institutions
Operator Someone who is authorized to use the Control Room, Studio and/or
portable equipment
Producer Someone who is responsible for a program developed for broadcast
BB Bulletin Board – equipment that displays announcements on FCTV
assigned channels when other programs are not being shown
1.7 CODE OF CONDUCT
Fremont Community Television has adopted, and believes in, the following Code of Conduct.
Every member of Fremont Community Television will:
• Work for the long-term success of Fremont Community Television and its goals.
• Work for the long-term success of community media in general.
• Be expected to research, obtain, and communicate necessary facts to key people in a timely manner.
Every member, when acting in public or on behalf of Fremont Community Television will:
• Present themselves politely and positively when using FCTV facilities or on location for the purposes of producing programming for FCTV.
• Speak factually and honestly.
Not misrepresent themselves or their actions in their associations with FCTV.
Every member, when acting in public as individuals, will be free to hold, express, and publicize their own beliefs or strategies even if they differ from those expressed by FCTV, the School District or the Town of Fremont.
All Town of Fremont employees, Public Officials, volunteers, vendors and contractors are expected to be aware of the Town-wide Conflict of Interest Ordinance that is applicable to all involved in community public service.
1.8 POLICY AMENDMENTS
Changes, additions, or deletions to this document will be amended by a majority vote of the full membership of the Cable Committee present at any regular monthly meeting provided that a minimum of 20 days written notice of changes is provided. Amendments will then be submitted to the Board of Selectmen for adoption.
1.8.1 WAIVER
FCTV reserves the right to waive any self-imposed regulation when such a waiver is judged to be in the public interest. Such waivers must have the approval of the Committee Chair or his/her appointee.
2.0 GENERAL FACILITY & OPERATIONS
These sections apply to Public, Educational, and Government productions.
2.1 PERSONNEL AND DUTIES
All Personnel, Operators, Coordinators and Producers operate under the rules set forth in this document and ultimately report to the FCTV Committee who report to the Fremont Selectmen.
2.1.1 COORDINATOR (reserved)
2.1.2 OPERATOR
Operators are personnel who have been trained in the use of control room and field equipment.
They are authorized to use the audio, video & computer equipment for both studio and remote live or recorded broadcasts. They may use the equipment unsupervised. They understand all the FCTV procedures and rules.
2.1.3 PRODUCER
All residents of the Town of Fremont, age 18 and over, are eligible to become producers after attending an initial orientation/training class. Minors between the ages of 16 and 18 must have signed a Parental Authorization Form. Parents assume responsibility for liabilities and equipment damage that may result from a minor’s use. All producers must sign a Statement of Compliance Form indicating they have read and understand the policies within this document.
3 SECURITY
Security is the responsibility of everyone. The security of the control room, studio, and all equipment, portable and fixed shall be of utmost importance to everyone. No unauthorized personnel shall be allowed access nor shall any unapproved activities be tolerated. Failure to abide by these provisions shall be cause for permanent revocation of all use privileges.
4. FACILITIES
Fremont Community Television Production Control Rooms are located at Fremont Town Hall. The facilities will be available to all FCTV approved individuals by appointment. The facilities are subject to the rules and regulations developed by FCTV, and overall rules of the Town of Fremont related to building security. The FCTV Master Control Room and office is currently located in the Fremont Town Hall. It is used for FCTV playback and live programming.
4.1 FACILITY RULES
Users should be aware of the dangers of food and liquids around electronic equipment. All food and drinks must be kept away from any equipment. Users will be held responsible for the costs of equipment repairs. There is no smoking or alcohol allowed in any FCTV facilities. Studio and edit areas should be left in an orderly fashion. Cables should be coiled neatly and put away. Microphones should be returned to the control room. Recording media and other materials should not be left behind after a recording or editing session.
Individuals using FCTV facilities will not change wiring, patch bays, or components without permission and supervision. Only authorized personnel shall modify or repair equipment. Any damage caused in this manner will be charged to the user.
5. PROGRAM TIMING & LABELING
All recording media should be clearly labeled with the following information:
• Title
• Producer’s Name
• Date Completed
• Total Running Time (TRT)
• Pre-roll
Program lengths should be times from the beginning of active program video or audio to the last
active video or audio. Pre-roll is defined as the amount of time from the start of the media recording to the beginning of active program video or audio and may consist of black video, bars and tone, slate, countdown, and/or other non-active program element.
6. EQUIPMENT SIGN OUT PROCEDURES (reserved)
7. PRODUCTION CONTROL ROOM POLICY (reserved)
8. RECORDINGS
FCTV will provide blank media upon request, but said media remains the property of FCTV even though the copyrights of the program content is held by the producer. Recording media held by FCTV will be recycled after a period of 12 months.
8.1 COPIES OF RECORDINGS
No original or master copies of recordings will be released.
8.2 RECORDINGS OF PUBLIC MEETINGS
One recording of public board meetings will be made for any convening board that requests it.
8.3 PUBLIC ACCESS RECORDINGS
Copies of Public Access recordings may be obtained only with the written consent of the producer.
9. PROGRAM CONTENT
FCTV requires all producers to accept full responsibility for program content. This means that access producers alone are accountable for what they communicate. Therefore, access producers should become familiar with local and federal laws and any other regulations that apply to program content and its cablecast.
9.1 PROHIBITED PROGRAMMING
The following types of programming will not be produced or cablecast. Appeals to any program rejections will be made first to the Cable Committee and finally to the Board of Selectmen.
• Obscene programming is prohibited from broadcast on cable access. Obscenity s defined by current State of New Hampshire Laws will apply.
• Programming, soliciting or promoting unlawful conduct.
• Material which constitutes libel, slander, invasion of privacy, or which might violate other Local, State or Federal law.
• Programs containing material which violates copyright, trademarks, or service marks. Use of such material generally requires obtaining appropriate rights from music licensing organizations, publishers, representatives, copyright holders, and any other person as to make necessary for cablecast. Producers will be asked to furnish written authorization for use of such materials.
• Program material that creates the immediate danger or damage to property or injury to persons, or the substantial obstruction of law enforcement or other governmental functions or services, or by deprivation of a legal right of a person by threat, threat of force, or physical action, or the creation of a public nuisance.
• The direct or indirect presentation of lotteries or lottery information.
9.2 ADVERTISING
Public access programming is by tradition, non-profit and non-commercial. The channel time and facilities are provided to benefit the community. Therefore, access programs should not contain the following:
1. Material designed to promote the sale of products, businesses, services, or individuals.
2. Direct sales or provision of commercial products, businesses or services during a program.
3. Material which identifies any product, service, trademark, or brand name in a manner that is
not reasonably related to the non-commercial use of such in the program and which
promotes the commercial gain of such products, services, trademarks or brand names.
4. The direct solicitation of funds without first receiving permission from FCTV.
9.3 QUESTIONABLE PROGRAMMING
Fremont Community Television reserves the right to review all programs submitted for broadcast to insure conformity with all laws.
Indecent Programming. For the purposes of these policies, indecent programming is programming that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards. The access user or producer shall certify to FCTV if their programming contains indecent material.
9.4 DISCLAIMERS
Programming which may be considered “indecent” (see note above), presents adult themes or contains strong language or explicit video will carry the disclaimer. “This program contains (strong language/explicit video/an adult theme which may not be suitable for all/all/sensitive/young audiences,” or other suitable wording. All promotions for that program will contain the same disclaimer.
Programming meeting these guidelines will not be shown between the hours of 6:00 AM and 10:00 PM per section 505 of the 1996 Telecommunications Act.
Programs containing personal or organizational viewpoints will include a disclaimer at the beginning and end of the program such as: “The views expresses in this program are not those of FCTV or the Town of Fremont.”
9.5 PROGRAM CREDITS
Program credits for underwriting and Grants must be for goods, services, and in-kind contributions and/or donations that aid in developing or improving programs. Credit for underwriting should be in the manner of “This program was made possible through a grant by ….” or “Goods and services used in this program were contributions by….”.
Only the name of the underwriter or donor, not the product, service, or contribution can be listed in the credit. Such credits can only be shown before and after the program.
10. BULLETIN BOARD
FCTV shall maintain a Bulletin Board (BB) that will run continuously whenever a live or recorded program is not being broadcast. Persons that are allowed to maintain and modify the BB shall receive training before modifying the BB without supervision.
10.1 BULLETIN BOARD SUBJECT MATTER
The Committee Chair shall be responsible for reviewing Bulletin Board items. Where specific permission to directly submit material has been granted, the originating submitter shall be responsible for content. All material deemed commercial, lewd, inflammatory, or containing personal or political is not allowed. Appeals of rejection may be made to the Cable TV Committee. Further appeal will be to the Board of Selectmen. The decision of the Board of Selectmen is final.
10.2 ACCEPTABLE SUBJECT MATTER
Including but not limited to
• Notice of Town or School public meetings; i.e., Selectmen, Planning Board, School Board, etc.
• Notices of try-outs or games for various Fremont school and private athletic teams.
• Notices of events for non-profit organizations.
• Notices of fund raising events such as rummage or bake sales.
• Notices of organization meetings or gatherings.
• Religious service schedules.
• Special events.
10.3 UNACCEPTABLE SUBJECT MATTER
Including but not limited to
• Notices of appreciation to businesses donating items for raffles, etc.
• Political advertisements stating political views or opinions
• Lewd or inflammatory matter
• Commercial advertisements
10.4 MATERIAL SUBMISSION
All material for the BB shall be submitted in writing via mail, fax or e-mail. The request shall include the following information:
• Event Name
• Date and Time
• Place
• Contact Person
• Contact Phone Number
• Start Date
• End Date
The request shall be submitted to FCTV and put into the BB as soon as possible. Fremont Cable TV Committee assumes no liability for delays in putting material on the BB. Announcements should be submitted 10 days in advance of the event to ensure timely notice.
11 DISCIPLINARY ACTION
FCTV reserves the right to rescind access privileges for violation of any of the rules in this document according to the following schedule:
• First-Time Offense: Verbal Warning
• Second-Time Offense: 3 Month Suspension (including removal of programming from cablecast schedule)
• Third-Time Offense: Permanent Removal
Upon returning from a period of suspension any regular cablecast time slots will be resumed.
12. TECHNICAL STANDARDS
12.1 PROGRAM LENGTHS
Meetings, hearings or other broadcasts carried live or recorded “live on tape” will be
aired in the time required. The preferred lengths of produced programs should be designed to fit into
the following times: 30 minutes, 1 hour, 1.5 hours, 2 hours and 3 hours.
12.2 PROGRAMMING PRIORITY
Priority of programming will be determined by the Fremont Cable Television Committee.
13. PUBLIC ACCESS PROGRAMMING
Public Access programming is programming which has been produced by “the public”. When the program is produced using FCTV facilities and equipment, it means that the production arrangements are made by the volunteer public access producers and the crew is primarily volunteer. In this case, FCTV committee members are largely there in an advisory capacity; to provide training, program proposal review, assistance in lining up crews, basic studio set up, and occasional crew assistance. When an access user brings in a pre-recorded program for broadcast, it is also considered public access. In both these instances FCTV, by Federal Law, may not edit or control content.
13.1 PUBLIC ACCESS PRODUCERS
All residents of the Town of Fremont, age 18 and over, are eligible to become Public Access producers. Minors between age 16 and 18 must have Parental Authorization in writing. Parents assume responsibility for liabilities and equipment damage that may result from the minor’s membership.
13.2 PROCEDURES
Producers must complete a program proposal for each show (or series) they plan to produce. Producers are responsible for coordinating their own technical crew (if needed); only trained FCTV volunteers are allowed to use equipment.
All programs must be submitted at least 24 hours before they are scheduled to be cablecast, along with a written request, indicating the desired date and time of cablecasting, as well as any controversial content (if any). Failure to notify staff of possible controversial content in advance may result in disciplinary action.
13.3 COPYRIGHT AND LIABILITY
All editorial control and responsibility and ownership of content of Public Access programming lie with each program’s producer. FCTV reserves the right not to air any program which violates copyright, obscenity, or libel laws, which is in any way commercial in nature; or which is un-viewable for technical reasons.
13.4 CONTROVERSIAL PROGRAMMING
All comments and complaints about any program will be forwarded to the producer of said program; all producers must supply FCTV with a current valid phone number which will be made available to the general public upon request. FCTV reserves the right to schedule adult-oriented or controversial programming at specific times.
13.5 SCHEDULING
Initial cablecast request from a producer shall be for a specific day and time. New programming will air as soon as practical. A request for time change should be submitted at least 10 days in advance and no more than 1 (one) in 3 (three) months. FCTV will try to honor requests but does not guarantee any specific time. Cablecast times are at the discretion of the Coordinator.
13.6 POLITICAL CANDIDATES AND ACCESS
FCC regulations applying to political candidates and issues do not apply to “Public Access”. The two rules most referred to are the “Equal Time” rule which applies to political candidates and the “Fairness Doctrine” which stated that broadcast programmers must give time to diverse sides of an issue.
No paid advertising will be accepted on behalf of candidates for public office or political parties on FCTV. Public Access users are under no legal obligation to show any view other than their own. Community residents with diverse viewpoints are encouraged to use public access to express those views.
13.7 CREWS
It is each producer’s responsibility to provide his or her own crews. Phone lists will be given out on a request basis only; also, producers may put a notice on the Community Bulletin Board for crew for a program.
13.8 RELEASE FORMS
Producers must obtain signed release forms for person(s) appearing on a program which will be cablecast. This is especially important when taping children under 18 (in which case a signature is needed by the child’s parent or legal guardian). These forms will be kept on file at FCTV. Exceptions to this rule include videotaping of public events such as government meetings, sporting events, or in some other public location or forum.
14. CHILDREN (reserved)
15. LIVE PROGRAMMING (reserved)
16. NON-LOCAL (BICYCLED) PROGRAMMING
FCTV does provide air time for programs produced outside of its facilities and by non-local residents. A local resident must sponsor programs produced outside of Fremont in order to air. The local resident will take responsibility for the program’s content. Programming must abide by same rules as Public Access programming.
17. GOVERNMENT ACCESS
Government Access is defined in the Glossary as “Programs produced by staff or elected officials of the Town of Fremont and may include coverage of government meetings (as defined by RSA-91A), profiles of town services, as well as servicing the communication needs of various town departments.”
Government Access producers and users are subject to all sections of this Policy Manual.
Government meetings and productions are those sanctioned by a particular Board or Town Department.
When town officials or employees participate in or produce any programming not under this category, they do so under the category, rules and procedures of Public Access.
17.1 GOVERNMENT ACCESS MEETINGS
In accordance with town policies the Chairperson (or Vice-Chair) of any Board, Committee or Commission is responsible for their meetings. They call it to order and they adjourn it. Likewise, they are the only ones who determine if a meeting is to air live or when it is taken off the air. It is NOT the decision of an FCTV operator. FCTV does not edit any meeting, with one exception.
If a recording has been started and then committee goes into non-public session or does not open the meeting for a prolonged period, FCTV may edit out the section of delay so that during replays or on-line there is no delay in the program. FCTV will keep the original file in accordance with FCTV meeting retention policies in the event there is any question regarding this. It is not FCTV’s intention to stifle any freedom of speech or commentary. Anyone wishing to make public statements or commentary is welcome to do so under Public Access. But a Government meeting is Government Access and is controlled by the Board or Committee.
18. EDUCATIONAL ACCESS
Educational Access is defined in the glossary as “Programs produced by the faculty and students of the Fremont School District and Fremont based private educational institutions”.
Educational Access producers and users are subject to all sections of this Policy Manual. Educational meetings and productions are those sanctioned by a particular school, the SAU, or School Board. When school officials or employees participate in or produce any programming not under this category, they do so under the category, rules and procedures of Public Access.
19. AMENDMENTS
This Policy shall be reviewed as needed by the Cable Committee and Board of Selectmen.
20. EFFECTIVE DATE
This policy shall be effective upon a vote of the Board of Selectmen and shall replace any and all Cable/TV Policy Manual or Policies previously enacted by the Town.
Effective: 21 May 2015 Board of Selectmen
Gene Cordes Leon F Holmes Sr Neal R Janvrin
Reviewed & Readopted: 11 June 2015 Board of Selectmen
Gene Cordes Leon F Holmes Sr Neal R Janvrin
To include removal of deleted sections (from draft approved in May); using paragraph numbering as “reserved” to maintain order.
It is noted for the record that the Town Meeting in 2002 authorized appointment of a Cable Committee which has been in place at several times for purposes of studying public access and renegotiating cable contracts.
Adopted: Board of Selectmen
Gene Cordes Leon F Holmes Sr Neal R Janvrin