[R.O. 2003 §645.010; Ord. No. 575 §§1–2, 7-2-1998]
A.
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.
B.
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]
A.
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:
1.
The Governing Body, executive personnel and administrative personnel
of the City of Buckner;
2.
The Fire Protection District;
3.
The public library;
4.
The Board of Education;
5.
Jackson County, including executive personnel and administrative
personnel; and
6.
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]
A.
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.
B.
The Mayor or his/her designee is responsible for coordinating the
operation of governmental access activities.
C.
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.
D.
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.
E.
The Mayor or his/her designee may produce and distribute a program
schedule to community media, City staff and others upon request.
F.
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]
A.
Governmental access channel capacity is available only to eligible
governmental entities, defined herein.
B.
Only programming or information of a bona fide governmental interest
submitted by an eligible governmental entity shall be cablecast.
1.
The term "programming or information of a bona fide governmental
interest" means video, audio, data and other intelligence which consists
or directly relates to:
a.
The administration of government business;
b.
In-service training or updating of public administration skills
and techniques directly relating to enhancing the administration of
government business;
c.
Government business itself;
d.
Programs, schedules, procedures or any other techniques that
directly or indirectly assist the public in Buckner receive or utilize
government services.
2.
Programming or information of a bona fide governmental interest
could include but is not limited to:
a.
Live or delayed (taped) meetings of: The Board of Aldermen;
the Board of Education; the Planning Commission; and other City boards
and commissions;
b.
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;
c.
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:
(1)
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;
(2)
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;
(3)
Listings of employment opportunities listings posted
by applicable City, County and State agencies;
(4)
Listings of business hours of various government
departments;
(5)
Descriptions and motion pictures of animals available
for adoption from the local animal shelter;
(6)
Data, teletext, video and/or audio transmission
intended for use by individual departments of the City;
(7)
Various announcements and notices of services and
functions.
C.
Government access channel capacity may not be leased to third parties
for uses unrelated to the provision of governmental access pursuant
to these guidelines.
D.
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.
E.
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.
F.
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.
G.
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.
H.
No programming shall be accepted if it is libelous, slanderous or
defamatory.
[R.O. 2003 §645.050; Ord. No. 575 §6, 7-2-1998]
A.
The Mayor or his/her designee shall be responsible for the physical
operation of the governmental access channel capacity.
B.
Modes Of Cablecast. Governmental access channel
capacity may utilize seven (7) cablecast modes:
1.
Live. Live coverage may be provided, subject
to the preemption for any material that does not comply with these
guidelines.
2.
Remote. Utilizing remote video production facilities
for on location taped-delayed cablecasts.
3.
Tape-Delayed. Events or presentations may be
videotaped for cablecast at a later time. Videotapes of live cablecasts
may be replayed.
4.
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.
5.
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.
6.
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.
7.
Data. Computer applications may be integrated
over the governmental access capacity as technology permits.
C.
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]
A.
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.
B.
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.
C.
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.
D.
The preview, review and editing process shall be under operational
control of the Mayor or his/her designee.
E.
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.
F.
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]
A.
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.
B.
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.
C.
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).
D.
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]
A.
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.
B.
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]
A.
Copyright And Trademark/Service Mark.
1.
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.
2.
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.
B.
Errors and Omissions.
1.
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.
2.
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.
