[R.O. 2003 §645.010; Ord. No. 575 §§1–2, 7-2-1998]
This Chapter establishes the rules, procedures and requirements to determine eligibility to utilize, and the acceptability of programming material for, governmental access and otherwise set forth operating policies by which the City will make use of governmental access capacity.
The purpose of governmental access hereunder is to provide to political subdivisions located in, or jurisdictionally part of, the City of Buckner with governmental access channel capacity on the cable television system for intergovernmental and intragovernmental purposes, and to provide a public service using the cable television system as an outlet for governmental information and programming.
[R.O. 2003 §645.020; Ord. No. 575 §3, 7-2-1998]
Upon application to the City, governmental access information or programming may be inserted over the cable system's governmental access channel capacity by an eligible governmental entity. The term "eligible governmental entity" means the following:
The Governing Body, executive personnel and administrative personnel of the City of Buckner;
The Fire Protection District;
The public library;
The Board of Education;
Jackson County, including executive personnel and administrative personnel; and
The State of Missouri, to the extent related directly or substantially to the interests of the citizens of the City of Buckner.
[R.O. 2003 §645.030; Ord. No. 575 §4, 7-2-1998]
Governmental access is intended both for in-service use by and between eligible government entities and as a public service to the citizens of Buckner.
The Mayor or his/her designee is responsible for coordinating the operation of governmental access activities.
The Mayor or his/her designee shall be the primary interface with the cable television franchisee for the purpose of scheduling franchisee-provided resources and facilities for the production and cablecast of the governmental access programming.
The Mayor or his/her designee shall be responsible for accepting programming information and materials from eligible governmental entities and to assist in and coordinate the production of governmental access programming for such entities as they may require, subject to available facilities, funds and personnel. Cost-based, including for staff time, fees may be assessed to governmental entities requiring assistance.
The Mayor or his/her designee may produce and distribute a program schedule to community media, City staff and others upon request.
All material or programming cablecast on governmental access capacity is subject to the review and approval of the Mayor or his/her designee which shall make such programming determinations consistent with these guidelines. The Board of Aldermen has ultimate authority with respect to programming and material transmitted over the governmental access capacity.
[R.O. 2003 §645.040; Ord. No. 575 §5, 7-2-1998]
Governmental access channel capacity is available only to eligible governmental entities, defined herein.
Only programming or information of a bona fide governmental interest submitted by an eligible governmental entity shall be cablecast.
The term "programming or information of a bona fide governmental interest" means video, audio, data and other intelligence which consists or directly relates to:
The administration of government business;
In-service training or updating of public administration skills and techniques directly relating to enhancing the administration of government business;
Government business itself;
Programs, schedules, procedures or any other techniques that directly or indirectly assist the public in Buckner receive or utilize government services.
Programming or information of a bona fide governmental interest could include but is not limited to:
Live or delayed (taped) meetings of: The Board of Aldermen; the Board of Education; the Planning Commission; and other City boards and commissions;
Live or delayed (taped) public meetings and hearings related to the operation of the City, County or State government as may be of interest to the citizens of Buckner;
Information regarding the responsibilities, operations and services offered by various City, County or State departments that may be of interest to the citizens of Buckner; such as:
Public health and safety information or programs from the Fire Protection District, such as, fire prevention techniques, how to summon help in an emergency, first aid and evacuation procedures;
Public health and safety information or programs from the Police Department or the County Sheriff's Department, such as, how to "burglar-proof" your home and automobile, how to summon help, crime watch information and fax broadcast numbers;
Listings of employment opportunities listings posted by applicable City, County and State agencies;
Listings of business hours of various government departments;
Descriptions and motion pictures of animals available for adoption from the local animal shelter;
Data, teletext, video and/or audio transmission intended for use by individual departments of the City;
Various announcements and notices of services and functions.
Government access channel capacity may not be leased to third parties for uses unrelated to the provision of governmental access pursuant to these guidelines.
No religious programming shall be accepted for governmental access. "Religious programming" means programming or information that taken as a whole promotes or inhibits religion, irrespective of whether one (1) or more or all religions.
No political programming shall be accepted for governmental access. Nor may governmental access channel capacity be used to influence the election of any candidate to State or local office. "Political programming" is defined as that programming which, if inserted on the governmental access channel capacity, would constitute a use by a legally qualified candidate or his/her supporters (authorized or unauthorized) that would give rise to requirements by a cable operator, if such programming were to have been inserted on a cable channel subject to the cable operator's control, to provide equal opportunities and quasi-equal opportunities to other such candidates for the same office or their supporters (authorized or unauthorized) under Federal Communications Commission (FCC) cable television regulations, e.g., 47 CFR 76.3(q) and 76.205 et seq., and related FCC policies, rules and doctrines, including the "personal attack rule." For these guidelines, the following are considered news events and are not political programming: meetings of and hearings before the Board of Aldermen, Board of Education, and City boards and commissions.
No programming shall be accepted for governmental access if it contains obscene material, sexually explicit conduct or material soliciting or promoting unlawful conduct under Section 10(c) of the Cable Television Consumer Protection and Competition Act of 1992 (Cable Act) as implemented by regulations of the FCC.
No programming shall be accepted if it contains commercial advertisements or solicitations for financial support for any group, organization or individual other than as expressly contemplated by these guidelines and with the express consent of the Mayor or his/her designee.
No programming shall be accepted if it is libelous, slanderous or defamatory.
[R.O. 2003 §645.050; Ord. No. 575 §6, 7-2-1998]
The Mayor or his/her designee shall be responsible for the physical operation of the governmental access channel capacity.
Modes Of Cablecast. Governmental access channel capacity may utilize seven (7) cablecast modes:
Live. Live coverage may be provided, subject to the preemption for any material that does not comply with these guidelines.
Remote. Utilizing remote video production facilities for on location taped-delayed cablecasts.
Tape-Delayed. Events or presentations may be videotaped for cablecast at a later time. Videotapes of live cablecasts may be replayed.
Locally Produced Programs. Original programs that are bona fide governmental programming may be produced by eligible governmental entities. Any copyrights to locally produced bona fide governmental programming shall belong to the eligible governmental entity producing such program. If such eligible governmental entity is not organized and authorized to own such a copyright, the copyright shall belong to the City or the County or the State with direct jurisdiction over the eligible governmental entity.
External Programs. Bona fide governmental programming may be acquired or borrowed by eligible governmental entities for governmental access. The eligible governmental entity shall be responsible for securing all copyright authorizations required for externally produced programs. All such programming shall be submitted to the Mayor or his/her designee in sufficient time before scheduling to investigate and otherwise assure that appropriate copyright authorization has been issued.
Alphanumeric Message Board. During non-cablecast governmental access hours, a governmental bulletin board may be maintained to display messages of interest, such as school events and schedules that relate to bona fide governmental programming.
Data. Computer applications may be integrated over the governmental access capacity as technology permits.
Program Log. A daily log will be maintained of all programming cablecast that day.
[R.O. 2003 §645.060; Ord. No. 575 §7, 7-2-1998]
Any programming submitted by an eligible governmental entity for governmental access may be previewed by the Mayor or his/her designee for acceptance as programming of a bona fide governmental interest. The Mayor or his/her designee may edit such programming to conform to these guidelines or reject the programming.
In the case of live programming, scripts or coverage concepts may be reviewed by the Mayor or his/her designee in advance for acceptance as programming of a bona fide governmental interest. The Mayor or his/her designee may require modifications to conform to these guidelines or reject the programming.
Bona fide governmental access programming may be edited or modified to conform with scheduling and time availability. However, every effort shall be made to cablecast meetings and hearings of the Board of Aldermen and of the Board of Education, and other public meetings and hearings in their entirety.
The preview, review and editing process shall be under operational control of the Mayor or his/her designee.
Any programming submitted by an eligible governmental entity for governmental access that is not accepted will be returned. Programming accepted for governmental access will be retained, including tapes of live programming, for the duration of the scheduled run of the programming, including repeat exhibitions, and for any such period of time as may be applicable under the City's policies for programming return, receipt and record retention. Subject to copyright and licensing considerations, programming shall be available to the public for copying one (1) week after the last scheduled run.
Alphanumeric Bulletin Board. Messages programmed into the bulletin board shall be edited to provide clarity and to provide maximum use of the memory bank currently available.
[R.O. 2003 §645.070; Ord. No. 575 §8, 7-2-1998]
The Mayor or his/her designee is responsible for scheduling. The program schedule, once publicized, generally will not be deviated from or added to except in the event of an emergency, as a result of technical difficulties or unavailability of the scheduled programming.
Governmental access programming or live scripts or concepts for such live programming must be submitted to the Mayor or his/her designee at least four (4) weeks in advance of the intended cablecast date to allow for scheduling, preparation, production, if any, and evaluation for consistency with these guidelines. Emergency programming is not subject to this requirement.
Bulletin board messages must be submitted to the Mayor or his/her designee at least seventy-two (72) hours prior to the intended insertion date except for special public announcements (such as ballfield closings).
It is the City's policy to cablecast all programming of a bona fide governmental interest submitted by an eligible governmental entity, subject to the priorities and guidelines herein. Scheduling requirements may, from time to time, preclude available cablecast time for all such programming for its intended cablecast date. The Mayor or his/her designee shall use its reasonable efforts to accommodate such programming and entity by coordinating with other such entities to resolve potential scheduling conflicts.
[R.O. 2003 §645.080; Ord. No. 575 §9, 7-2-1998]
The endorsement of specific brands of consumer products is prohibited. No advertising, paid or unpaid, shall be accepted for governmental access. Programming of a bona fide governmental interest produced by a commercial organization that contains the name and logo of the organization is not considered advertising or endorsements under these guidelines. An example is a fire prevention tape produced by a smoke alarm company offered for access by the Fire Prevention District.
[R.O. 2003 §645.090; Ord. No. 575 §10, 7-2-1998]
Equipment And Facilities. Any and all equipment or facilities acquired by or made available to the City for governmental access programming will be under the direct supervision of the Mayor or his/her designee.
Videotape Copies. Subject to copyright licensing requirements, copies of any available City of Buckner programs, including Board of Aldermen meetings, shall be provided to authorized City employees or departments for official use only, free of charge, upon request. Blank tapes of equal type and capacity must be exchanged. Copies of public meetings shall be provided to any citizen at cost (to include administrative and overhead).
[R.O. 2003 §645.100; Ord. No. 575 §11, 7-2-1998]
Copyright And Trademark/Service Mark.
All programming accepted for governmental access cablecasting shall be cleared for copyright. The eligible governmental entity submitting the programming must have obtained and provided to the Mayor or his/her designee a specific authorization from the copyright holder of the programming authorizing the City of Buckner to perform, edit and make recordings of the work consistent with these guidelines. In the case of live programming or taped programming produced for access hereunder that is not a public proceeding, permission or releases must be obtained from persons depicted therein to use their likenesses, including printed, recorded and photographed material.
Any trademark or service mark, depicted or audible, in any programming accepted for governmental access shall be cleared in the same manner as for copyright.
Errors and Omissions.
Eligible governmental entities shall represent and warrant to the City that they have all necessary copyright, trademark, service mark and likeness (i.e., invasion of privacy and publicity) permissions and authorizations for the City to cablecast the submitted programming consistent with these guidelines and that such information or programming is not libelous, slanderous or defamatory and is otherwise consistent with these guidelines, including particularly, Section 635.040, Access Policy. Such eligible governmental entities shall indemnify and defend the City against damages and loss, including reasonable attorneys' fees, for any claims arising out of such representations and warranties. Such indemnification shall also extend to the cable operator to the extent it is not exempt from liability under the Cable Act or other applicable law.
The City may obtain appropriate broadcasters' liability insurance, in which case it may name such eligible governmental entities as additional insureds and assess such entities, pro rata, the premium amount of any such insurance. Alternatively, any such eligible governmental entity that has or obtains such insurance shall name the City as an additional insured with respect to governmental access programming cablecast pursuant to these guidelines. The cable operator may also be named an additional insured in the City's discretion.