Updated March, 2007
For a democratic society to function properly, citizens must participate in their government, be educated to think critically and be able to freely communicate their ideas.The Peoples Channel’s mission is to advance democratic ideals by ensuring that people have access to electronic media and by promoting effective communication through community uses of media. Through this mission, we aim to provide the means and promote the opportunity for area citizens to exercise free speech through media production, education and distribution of cable television programming.
The primary goal of The Peoples Channel is to promote use of the designated access channel(s) by coordinating the use of the public access channel(s) and providing production facilities, and to provide technical assistance and media training to any individual, group, or organization interested in producing cultural, informational, entertainment, or educational media productions of interest to the community.
The Peoples Channel will provide Chapel Hill and the surrounding area residents, organizations, agencies and institutions with media training, equipment, production and related services on a first-come, first-served First Amendment basis. Our policies are designed to ensure maximum convenience and fairness for all in the community. Since we want public access and community media facilities to be available to the whole community, we welcome your suggestions on how we may improve these policies. All suggestions received will be reviewed by the Board of Directors.
I. ORIENTATION, TRAINING, AND CERTIFICATION
A. Orientation.
The Peoples Channel will hold regularly scheduled orientation sessions. Any person wishing to volunteer, receive training, use equipment or facilities or cablecast a program must first attend an orientation session. Orientation will include discussions of the history of public access television, First Amendment rights, copyright issues, media access as a community communications tool, the structure of The Peoples Channel and its relationship to the Town and the cable company, access policies and operating procedures, Equipment Use Agreements and Request for Cablecast forms, and volunteering with The Peoples Channel.
B. Training.
Regularly scheduled media training and educational courses and seminars will be offered to the public, first come, first served, First Amendment basis. Persons under age 18 must present written permission from a parent or guardian. Course times and dates will be scheduled quarterly or as needed and will be publicized as best as possible.
Special workshops and advanced classes may be offered from time-to-time and will be announced with as much advance notice as possible. Workshops mayhave a nominal fee and/or charge for materials and instruction costs. Scholarships may be available based on need. All fees at The Peoples Channel may be exchanged for volunteer time equivalent to ten dollars and hour. If a member wishes to volunteer rather than pay part or all of the fee, they must meet their committed hours before using equipment for personal use. If the member does not volunteer their time within twelve months of the course date, they must re-attend orientation and retake the course.
C. Certification.
Access facilities, equipment, technical assistance, and channel time or bandwidth are available to certified members. Members may become certified after passing a training course(s) or through alternative certification by staff. A $25 annual membership fee shall be applied to any individual member. A $100 annual membership fee shall be applied to any organization or community group, allowing for a maximum of six individuals associated with the organization or group to be members. A $225 annual membership fee shall be applied to any public, private or charter school, allowing for a maximum of 15 individuals associated with the school to be members. A $10 annual membership fee shall be applied for those individuals wishing to only use the New Media Lab or public internet lab. A $50 membership fee shall be applied for an organization or community group who wish to only use the New Media Lab or public internet lab, allowing for six individuals associated with the organization. A $100 membership fee shall be applied for schools who wish to only use the New Media Lab or public internet lab, allowing for 15 individuals associated with the school.
Anyone using The Peoples Channel facilities or equipment in any shape or form must be a member.
Any individual member can be one of the following:
The annual membership fee shall be included in any course fee. Anytime a member takes a course, their membership shall renew on that course date. If a member does not need to take a course in order to use equipment or facilities, then the membership fee needs to be resolved before equipment or facilities can be used. Any individual may volunteer, pay or opt out of the membership fee based on need. The membership fee is collected to support general operations of the station, help defray the cost of depreciation and as a mechanism for keeping a current and updated member database.
The Peoples Channel will not sell, distribute or otherwise give out member’s information except that information which members choose to make available to the public. Members who cablecast programs must make available some form of contact information to enable the public to respond to the television producer’s program. It is the member’s responsibility to make sure that their information is up to date. Intentionally providing incorrect information may result in suspension.
Members must prove residency with one or more of the following documents:
Acceptable forms of proof of residency:
Any person who has not used The Peoples Channel's equipment for a 12-month period will have to be re-certified by demonstrating competency in the operation of that equipment, and resolve the annual membership fee. If a member cannot demonstrate competency, they must become re-certified. It is entirely up to the staff to discrepancy whether or not the member has to become re-certified.
II. USE OF EQUIPMENT AND FACILITIES
Use of The Peoples Channel's televisionproduction facilities and equipment must be for the production of a program for cablecast on The Peoples Channel. Other facilities, such as the internet lab, if used for media production, such as a podcast or web site, a written or audio/video credit stating, “This (media product) was made possible with the help of The Peoples Channel.” Priority is given to residents of the contracting area. When not needed for their primary purpose, facilities and equipment may be available for lease for other purposes.
Leasing of equipment both on and off site will be based on 5-3% of equipment's cost for a day rate. Use of facilities and/or computers will be negotiated on an hourly or day rate, and lease rates will be determined on a per project basis.
A. Pre-Production.
Any member using The Peoples Channel equipment and facilities are required to hold a pre-production meeting with a staff member. This meeting is to assist member in planning their program or project and to facilitate effective use of equipment and facilities. Completing a Program Proposal will be a part of this initial pre-production meeting. Persons under age 18 must also have a parent or guardian sign their proposal.
Unless prearranged, members must complete their current project before beginning a new production, however no more than two projects can be on file at one time.
B. Reserving Facilities and Equipment.
Equipment and facility reservations will be scheduled by a staff member on a first-come, first-served nondiscriminatory basis. Special arrangements are made for series television programs submitted by television program producers.
Television program Producers must have an active Program Proposal on file. It is recommended that reservations for field equipment, edit bays, and computer labs should normally be made at least 24 hours in advance and can be made as many as 30 days in advance. Studio reservations can be made up to two months in advance. Any reservation requests outside this time frame are left to the discretion of the staff. Studio time will be scheduled in a maximum of four hour time blocks. Editing time will be scheduled in a maximum of four-hour time blocks. Any exceptions to these procedures will be negotiated on an individual basis with the staff.
C. Use of Facilities and Equipment.
Members must arrive and claim their reservation within 15 minutes of the scheduled starting time or forfeit their reservation. Members must vacate the facilities by the end of their reserved time. If the facilities are not reserved by another member after their time is up, members may request extra time. Decisions regarding this shall be made by The Peoples Channel staff on a case by case basis. Any equipment that is checked out normally is due back to the facility within 24 hours, or at the same time on the next day that the facility is open. Reservations can be renewed for additional 24 hours if equipment is not reserved. Reservation extensions may not exceed 72 hours or three extensions.
An Equipment Use Agreement or a Studio Use Agreement must be filled out with a staff member and signed by a certified television program producer before any equipment is taken out of the televisionaccess facility or facilities are used. A valid picture identification will be required and a copy kept on file, as described in section C. Certification. For members under age 18, a parent or guardian must sign an agreement accepting responsibility for any equipment signed out or any use of facilities. Minors who wish to use the Studio must pre-arrange with The Peoples Channel staff to determine an adequate level of adult supervision. It is the television program producer's responsibility to determine that the equipment is all accounted for and in proper operational condition before signing the Equipment Use Agreementform. No changes to studio or edit suite wiring, or attachment of any non-Peoples Channel accessories, will be allowed without the express written or verbal approval and direct supervision of The Peoples Channel staff. All editing and studio equipment must be returned to its normal state as defined by the staff.
The television program producer is required to return, at the specified time, all equipment in undamaged, inworking order and is liable to compensate The Peoples Channel for any loss or damages. More than one hour past specified return time, without notification, will result in a minor violation and fine of $5. (see V. Violation of Policies) Staff will inspect equipment to insure all items have been returned in the presence of the television program producer. A staff member will test the equipment within 24 hours to insure all is in working order and will notify the television program producer of any damage. In cases where there is damage or the equipment is non-working, the television program producer will have 10 working days after notification to arrange asatisfactory agreement with the staff for the payment of costs of repair or replacement of any equipment damaged and/or lost. All member privileges will be suspended until a satisfactory agreement for payment has been made.
D. Production Crew.
Crew position assignments are the responsibility of the television program producer. All crew for productions must be certified by The Peoples Channel and must have up to date contact information in the database. The television programproducer is responsible for the conduct of all crew and guests while in the facility.
Interns and volunteers may sometimes be available to assist in productions. The Peoples Channel staff will make every effort to connect members with volunteers to help obtain crew for productions. The Peoples Channel staff and other certified members may be available as paid crew for television program producers who prefer this option.
E. Staff Use of Equipment.
The Peoples Channel encourages its staff to produce programming. Staff members shall be treated in the same manner as member. However, all other members have priority over equipment usage during the employees scheduled work hours. Employees may reserve equipment and use facilities for their own programming as long as the use of this equipment or facilities happens on their own time. Employees may use the facilities to create programming after hours of operations. However, anytime an employee is present in the facilities, they must act as representatives of The Peoples Channel, answering phones and handling technical issues as needed.
III. PROGRAMMING
Every member of the community has equal access to facilities and channel time. Political candidates are subject to the same operating procedures and policies as other members of the public access channels. The equal time rule does not apply.
A. Media Content Ownership.
Any member who produces media using The Peoples Channel's equipment and/or facilities retains the rights, at whatever level the member deems necessary (Creative Commons, Copyright, etc.), for that particular piece of media. The Peoples Channel reserves the right to copy the master of any televisionprogram submitted for cablecast for its archive or files associated with a piece of media and has license to replay the program or reproduce or display media files in whole or in part at The People Channel's discretion on its channel(s) , for promotional, educational, or fundraising purposes.
B. Technical Requirements.
Videotapes for cablecast must be submitted in the following manner:
1. Be on a format approved by The Peoples Channel.
2. Begin with a leader consisting of at least 15 seconds of slate followed by 15 seconds of 7.5 IRE video black before the first frame of video.
3. Be free of glitches.
4. Have reasonable audio (i.e., peak audio level between 0 db +2 db).
5. Contain, as the last image, the following text held on screen for a minimum of 15 seconds: television program producer identification and contact information .
6. End with at least 30 seconds of 7.5 IRE video black following the last image.
7. Labels with the show title, length of program, and the television program producer/submitter affixed to the tape and the tape case or clearly displayed on CD, DVD, or embedded in metadata of a file.
Any televisionprogram produced entirely with The Peoples Channel's equipment must carry the following acknowledgment in the credits: “This program was produced through the facilities of The Peoples Channel.” Any program produced in part using The Peoples Channel equipment must carry either the above acknowledgment or the following acknowledgment: "Portions of this program were produced through the facilities of The Peoples Channel."
If the program contains material that is inappropriate for children or may be offensive to some viewers, it must carry a disclaimer for a minimum of 15 seconds at the beginning of the program. Programs longer than 28 minutes must carry the same disclaimer for 15 seconds within each subsequent 30 minutes of the program. This disclaimer must appear in text and spoken form, as follows: “The following program contains material which may be inappropriate for viewing by children and young people, or may be considered offensive by some viewers. Viewer discretion is advised. The content of this program is solely the responsibility of [insert television program producer’s name] and not The Peoples Channel, its staff, or its Board of Directors."
A program may not be cablecast if any of the preceding requirements are not followed. It is the responsibility of the person submitting the program to re-edit or correct any problems. A member who wishes to submit programming not produced at The Peoples Channel, whether locally or elsewhere, but doesn't have the expertise and/or time to add member identification and contact information at the end of the program, may pay The Peoples Channel $5 for their graphic services.
C. Live Programming.
Live programs should be scheduled at least 10 days in advance. Live programming may only be done by certified members and with approval of the staff. A minimum of 5 certified crew members is required for live programming .
D. Soapbox Opportunities.
Policies governing soapbox opportunities will be established prior to implementation of this programming option.
E. Program Content.
Members submitting pre-recorded or live programming for cablecast on The Peoples Channel must sign a Request for Cablecast form taking full responsibility for the content of the program. For television programproducers under age 18, a parent or guardian must sign the form as well and take full legal responsibility for the content of the television program.
The following are prohibited on The Peoples Channel:
1. Material that is obscene, libelous, slanderous, or is otherwise illegal according to Federal, State or local law.
2. Advertising material, of any length or type, that is designed to promote the sale or barter of specific products or services. Underwriting of programs must be acknowledged in accordance with the wording in section III, H.
3. Material or performances that require copyright or trademark authorization, unless written authorization for the use of such material has been obtained from the copyright holder.
F. Scheduling of Programs.
Television program producers may request specific times for cablecasting on the Request for Cablecast form. However, scheduling of programming is entirely at the discretion of staff. Priority will be given to locally produced programming. Series programming will be provided a stable time slot in order to establish a viewership. However, no television program producer will be guaranteed a permanent time slot on any access channel beyond a single run of a series (up to 13 programs). Series slots will be lost if no new programs are submitted within a two month period. Staff will make every effort to contact members before their time slot is reclaimed. Programming other than series or live programs will not be scheduled until the completed program has been submitted accompanied by a signed Request for Cablecast form. In order to facilitate scheduling and promotion, a Request for Cablecast form with the completed program normally should be submitted at least 10 days in advance of the first desired air date. Programs should be turned in by Wednesday for airtime the following week, however due to the uncertainty of numbers of programs submitted per week and limited weekly programming slots, there is no guarantee that programs will enter rotation the following week.
No television program producer may premiere more than one program or one hour of programming, whichever is longer, per week unless special arrangements are made with staff based on special need. Programs, series or single, may be repeated once, with additional replays at the discretion of The Peoples Channel. Television program producers of single programs may re-submit a request for cablecast up to ten times in one year.
Programs containing material defined as indecent will be cablecast only between the hours of 11pm and 6 am and must include a disclaimer placed at the beginning of the program. This disclaimer must be in the form of written and spoken text (see Sec. III, B). A cable program is indecent if the program contains "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community broadcast standards for the broadcast medium, sexual or excretory organs or activities." 47 C.F. R. Sec. 76.701(g).
G. Non-Local Programming.
Non-local programming shall be any program where 60% or more of the program has been produced or acquired from outside The Peoples Channel's contracting area. Residents over age 18 or organizations in The Peoples Channel's contracting area may submit non-local commercial-free programs from other sources for cablecasting. Locally produced programming has priority over non-local programming. The submitter must accept full responsibility for the program content. At the end of any television program, contact information of the member must be displayed for at least 15 seconds (see Sec. III, B paragraph 3).
H. Underwriting.
The Peoples Channel encourages television programproducers to acquire underwriters to help defray their production costs, if any, and encourages businesses, groups, and individuals to help expand The Peoples Channel by providing underwriting support in money, goods, or services.
We want to give credit to underwriters. In conformance with Chapel Hill's cable franchise agreement with Time Warner, "any such acknowledgment is no more than 10 seconds in duration and contains no more than the donor's name, brief description of services or products and a logo." (see Sec. 2.4, F)
I. Community Bulletin Board.
Messages for the Community Bulletin Board must be noncommercial in nature. Timely cablecasting cannot be guaranteed unless they are submitted on the proper Peoples Channel form at least seven days in advance of when the message is to first appear on the channel. Message requests must identify the desired beginning and ending dates of the announcement.
IV. MISREPRESENTATION
The Peoples Channel name and logo may be used only with permission from The Peoples Channel. Certified members must not represent themselves as employees of The Peoples Channel or as having the authority to speak for The Peoples Channel. When staff and/or Board Members are acting as individual certified members, they do not have the authority to speak for The Peoples Channel. Any misrepresentation on any access form will be considered a violation of The Peoples Channel's policies.
V. VIOLATIONS OF POLICIES
Any minor violation of the policies shall result in a written violation notice. Three such notices in a three month period shall be considered a major violation.
Minor violations shall include but are not limited to:
1. Late return of equipment. Late return of equipment is subject to a fine of $5. The staff may waive this fine as appropriate.
2. Return of equipment with minor damage or in a mishandled state.
3. Any “no-show” for any scheduled equipment or facility use. (see Sec C, paragraph 1)
4. Any food, drink (including water), or chewing gum within The Peoples Channel facilities except as designated.
5. Smoking anywhere within The Peoples Channel facilities except when used with permission as a "prop” in a studio production.
Major Violations shall include but not be limited to:
1. Verbal, physical or sexual abuse of anyone at The Peoples Channel facility.
2. Possession of any firearm at The Peoples Channel facility, except for law enforcement authorities acting in an official capacity.
3. Use of alcohol or illegal drugs at The Peoples Channel facility, or operation of any of The Peoples Channel equipment while under the influence of alcohol or illegal drugs. Alcohol may be consumed on the premises only when authorized by the Board.
4. Rewiring or altering the wiring of equipment or attempting repair or modification of equipment without staff supervision.
5. Serious damage to equipment or facilities. Members are responsible for the cost of repair or replacement of equipment (see section II. C.).
6. Misrepresentation on any Peoples Channel form.
7. Any other illegal activity in violation with federal state or local law within The Peoples Channel facility or with The Peoples Channel owned equipment.
8. Three minor violations within a 3-month period.
The staff will investigate any major violation, normally within one week, giving the user member the opportunity to explain his/her viewpoint. The staff will determine the proper action and submit this in writing to the member in question. Major violations will usually result in suspension of access privileges for a period of not less than 90 days. A major violation of the policies may also result in immediate expulsion from the facility.
VI. APPEAL OF DISCIPLINARY ACTION
The Peoples Channel staff will attempt to resolve conflicts informally and as promptly as possible. All complaints concerning policies or members shall be referred to the staff. The staff will investigate the complaint and take appropriate action.
A member may appeal any decision by the staff to the Board of Directors by filing a notice of appeal within ten days of that decision. The Board shall hold a hearing on the appeal within thirty days of the filing of the notice of the appeal and shall render its decision as soon as practical following the hearing. Any disciplinary action will remain in effect throughout the appeals process. The decision of the Board is final.
If the complaint relates to the staff, the complainant may submit the complaint in writing to the Board of Directors. This complaint must be submitted within seven days of the incident. The Board will take action on the complaint within thirty (30) days of receipt the complaint and shall render its decision in writing to the complainant.