HomeMy WebLinkAboutChannel 3 Policy Adopted by Council 9/17/1990 - Amended by C r`
Council/Agency Meeting Held:
Deferred/Continued to:
�C pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: April 1, 1996 Department ID Number: AD96-106
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admi i ator
PREPARED BY: RICHARD D. BARNARD, Deputy City Administrator
SUBJECT: City of Huntington Beach Cable Channel 3 Operations Policy, 1996.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,E vironmental Status,Attachment(s)
Statement of Issue:
The city of Huntington Beach Cable Channel 3 Operations Policy has been revised and
requires review and adoption by the City Council.
a:
Funding Source:
No funds are required.
Recommended Action:
Adopt the revised city of Huntington Beach Cable Channel 3 Operations Policy, 1996
c W;
Alternative Action(s):
1. Direct the Cable Committee to work with staff to incorporate additional amendments into
the Cable Channel 3 Operations Policy.
2. Not adopt revised city of Huntington Beach Cable Channel 3 Operations Policy.
Analysis:
The Channel 3 Operations Policy was last reviewed and adopted by the City Council on
September 17, 1990. The Council Cable Committee set as one of its 1996 goals, to revise
the Cable Channel 3 Operations Policy document. A draft document was distributed to all
city department heads and the Council Cable Committee for review and comments. Those
comments, which were received from city departments and the Cable Committee, have been
incorporated into the Final Draft document that is before the City Council this evening.
Channel 3 operates in accordance with the City Council adopted Cable Operations Policy
document. This document sets forth the policies by which the Station Manager will manage
the city's television station.
Rr-QUEST FOR COUNCIL ACTT
MEETING DATE: April 1, 1996 DEPARTMENT ID NUMBER: AD96-106
The following highlights some of the more significant changes in the policy document:
1. (Page 09) Section III, B: The current practice of making a statement at the beginning of
each broadcast day which informs the viewer that opinions expressed on the channel do not
necessarily reflect those of the official city staff, Administration, or the City Council has been
changed. The revised document includes similar wording within the credits shown at the
end of each Channel 3 production.
2. (Pages 11-12) Section IV, A, 1 thru 2: Language is included which makes reference to
Miller v. California that addresses issues regarding obscene or indecent material and
establishes general standards.
3. (Page 12) Section IV, A, 3: This paragraph is added to set forth standards for airing
programs with mature themes.
4. (Pages 13 & 14) Section IV, C, 1. (a), (b), (c): Precludes programs which solicit, directly
or indirectly, money or other consideration in exchange for goods, services or consideration
of any kind as well as without consideration in exchange.
5. (Page 13) Section IV, 2. (a), (b), (c): Makes an exception for direct appeal for donations
through the use of telethons, and establishes a procedure for City Council approval for direct
appeal of funds.
6. (Page 14) Section IV, F & G: Adds sections regarding Defamation and Fraud.
7. (Pages 21-24) Section VII, B, Event Coverage Procedures: Sets forth information the
Channel Manager must receive in order to decide whether an event will be produced using
Channel 3 production staff and equipment.
8. (Page 30) Section VII, H, Grievance Procedures: The Policy document sets forth
Grievance Procedures due to decisions made by the Station Manager. The City Council
Cable Committee will hear all grievances resulting from decisions of the Station Manager. If
a party is still not satisfied with the Cable Committee decision, the grievance can be
appealed to the City Council.
Environmental Status:
N/A
Attachment(s):
Page o -
1. Final Draft of the City of Huntington Beach Cable Channel 3
Operations Policy Document, 1996
0017386.01 -2- 03/21/96 9:55 AM
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS POLICY
1WO1996
PUBLIC INFORMATION OFFICE
(714) 536-5511
(CHANNEL 3 POLICY ADOPTED BY CITY COUNCIL ON SEPTEMBER 17, 1990
AMENDED BY CITY COUNCIL ON 1996)
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PREAMBLE
Cable television presents a unique opportunity for local government-ean
be a First Amendment fefufn fer-the people and institutions Whieh do not have difeet
aeeess to theairwaves by thesimple f et of net evffiing n televise ntnt;
Fer lee al gever-nme„t having to have access to the home television set presents
to inform the eitizens city residents of the workings of
government and about life in the community. Cable television can be a meeting place for
ideas, a means to show to people how their community works, about community health,
recreation and other services available to all, and about those available to the few.
the First Amendment (`t„ the e st;t,.t:.,.. 4-the TTnite.7 States.
relations 7
ehar-aeter-isties asseeiated with the field of journalism whieh has gr-evvn strong in this
VVU11G,1}' VVVWUJV Vl G.11V free speeeh provisions of the Fif st Amendment.
gevernment has been and is in the"business"
7
exist,free govemment eedid not
btA that ndle brings into play a new pereeption of the
First Amendment t as ,t relates to eable tele-,,isien.
Cable television has been largely., medium€er�rrow-e-asting", that is,
. g aimed at small intefest greups and individuals rather-than the masses
seserved by the televisionnetwefks.
Suitable p .l,,.des these that do not always have wide e fn�ef4y
1—ings aimed at the interest groups not sefved by the mass medi
sally,and these designed to serve the needs ef the few as well as the many. AJfnest
these are not pr-egr-afns dealing with highly er-itieal and
7
„tr nl issues.
i f,.+7 ..able television offers an eppef4unity t examine all that gees on i
eemmunity. There will always be di&r-enees ef epinien abetit the issues ef the day.
ef the oldstef s in the een:mmnity, fer instanee. Anothef!per-son may find that just th-e
Some people may not like to see publie disetission of the flaws er- seams in the fabri-e
6fC-0mmunity life, feblems^,sueh as crime, disease of even potholes i the streets.
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Yet, aseussiou e.these pf VbleuJ couldlea t public o , then a involvement. it ean stinwlate interest, awareness and eeneern that leads to willingness te find seltitions. Cable television ean be a faetef in building a sense and
.
Cable told o s by the eit.. .. o ent does net ., that o e it L.
Cable .���._.,..... ...��.�.,.. ..) .��� �.�) b..:�aaaaaa�aaL ..�.�.1 aavL aaa�LLaa LaaLLL ��'vl will vv
7vu�
intefested and happy vAth each pfegr-arn. indeed�s pessibIi.that air`.rgi . —I
v iv
may have fans and detfaetefs, those who e 't . I .. ffegfafn is on television-at
all, and these who want Ffler-e ef the same kind ef offering.
it ; et the ex elusive,�,o.liuf f r the e .,n p e f ffi the means to f.n, fef
1L 1J 11VL L11V �AVIUJ1 Yli�11LU1U1 , M
the beautiful people of even the a-venue fof the talented and glib. Cable televisien ean
and should be the people's means fef exehanging ideas and infer-mation. it ean be
CC
he
tewW' at its best.
The primary focus of Cable Channel 3 will be to enhance the City's
ability to inform and educate the public regarding City programs and
activities, and to address Community issues and reduce public
divisiveness and controversy. Such programming may include City
Council and Planning Commission meetings, as well as public works
and street work, neighborhood watch, and emergency preparedness
programs. In addition, Channel 3 will serve the community by offering
noncommercial educational, informational and entertainment
programming to the cable subscriber, such as high school athletics and
local musical and theatrical performing art events.
NOTE
This regulation applies primarily to cable television operations by the City of
Huntington Beach and anticipates that cable television distribution to other cities of the
Public Cable Television Authority may be segmented in the future or other channels
assigned to individual cities. However, this regulation provides for inclusion of
programming by and for other of the PCTA cities at no cost to Huntington Beach, if
such programming is available, or if it can be produced with reasonable expenses borne
by the requesting PCTA city.
The Video Unit operates as a branch of the Huntington Beach Public Information
Office at 2000 Main Street, Huntington Beach, California 92648, (714) 536-5511. The
Deputy City Administrator in charge of the Public Information Officer acts as
Channel Manager of Cable TV 3, bearing all responsibility for all aspects of the channel
and Video Unit operation.
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BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels set aside in the original
cable television franchise granted by the Public Cable Television Authority to the
predecessor of Times Warner Paragon!''able Company, reserved for use by the local
municipalities and their organizations. The four channels, as outlined in the franchise,
were to be assigned and programmed as follows:
1 Channel -PCTA- Community Oriented Programming
1 Channel - Education - City Educational Districts
1 Channel - Area Government -Municipal and Government Services,
Police, Fire, Public Works, Recreation, etc.
1 Channel - Spare
Through the years, these channels have been reassigned somewhat, as appropriate
agencies stepped forward with the desire and facilities to make use of these channels.
When the original franchise was granted, the PCTA intended to become involved in
programming. Since then the PCTA has determined that it would not enter into
programming. In addition, Federal laws now provide for public access to members of
the community through the PEG channels outlined in the Cable Communications Act of
1984.
Coastline Community College now programs one channel with accredited
telecourses. Another channel has been dedicated to carriage of C-SPAN, a national
satellite program service that delivers live coverage of the U.S. House of
Representatives, and other public affairs programming 24 hours a day. And Cable
Channel 3 is the government access channel designated for use by the four PCTA
municipalities - Huntington Beach, Fountain Valley, Westminster and Stanton, for
dissemination of municipal government programming.
The first government access programming on this channel was live City Council
meetings produced by the cable company staff in 1982. In 1983, Huntington Beach took
over transmitting live coverage of City Council meetings . Since
then, the Video Unit has grown in both size and scope of responsibility. The facilities
now include full multi-camera switching capabilities, a staff of full and part-time
production crew members, portable production and editing facilities, and in-studio
production of programs geared toward the general public and regular
coverage of city-sponsored events. throughout the eity. Live Council ^ o-was
eendueted at least enee in all four-PCTA eifies to test the system and to deffienstr-ate
Cetineil members, staff and publie attendees what weuld be entailed in regular-meefi*g
eevef:age.
The City ef Huntington Beaeh eentinued te pursue the prespeet of initiating Council
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Beach V4dee Uit tl, b staff „t;,.. ,7 t pr-evideli
vaa ♦auvV Vall L, L11V VWVlIi VVlllrla
bave_ to gLvel r: eaage of the Huntington Bea. , City C. . aeit aeetaab„f.. the . e_t.twelve mendv,.
In 1990, the City Council adopted its first set of Administrative
Regulations for the operation of Huntington Beach Cable Channel 3.
Since that time, the evolution The high visibility of Cable Channel 3 tlfeu-gheut
Lll�.r
tt,e PCT n and the aggress of the Channel 3 Video TT.,;t has precipitated the need
for u formal sot offe,.,,l.,tions and amended operational preeedul-es policies. The
following amended Administrative Regulations, approved by the Huntington Beach
City Council, will continue to serve as the official operating rules of Huntington Beach
Cable Channel 3.
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REGULATIONS GOVERNING USE OF THE
GOVERNMENT ACCESS CHANNEL
1. PURPOSE AND OBJECTIVES
A. Purpose. The purpose of these regulations is to provide for the use
of the Government Channel, Cable Channel 3, G,...o.-.,m ent Channel, and to
describe its use by the City of Huntington Beach. HBTV-3 is a government channel as
provided for in the Cable Communications Policy Act of 1984, as mended. This
Federal legislation establishes government channels, educational channels and public
channels for use by each of these broad groups.
HBTV-3 is a government channel and is not required by law to offer access to other
than the government. However, as a matter of fairness, HBTV-3 does offer
opportunities for other opinions to be heard within the rules of HBTV-3.
B. OBJECTIVES. The objectives for use of Cable Channel 3 are as
follows:
1. To provide live coverage of all City Council and
Planning Commission meetings, and other Boards, Commissions and
Committees, as appropriate.
2. To increase the knowledge of these eifizensthe citizenry of the
functions and responsibilities of municipal government, and the functions of the various
departments and commissions.
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3. To serve as the official information center in the case of a local
emergency situation; (e.g., i-.e—., flood, fire, and crime.).
4. To supplement the public safety awareness efforts of the local
Police and Fire Departments.
5. To assist in the in-house training of various city department
employees
6. To cover City-sponsored special events.
7. To serve as an on-going source of information for the citizens of
the PCT ^able sep�4ee e City of Huntington Beach.
8. To work toward becoming financially self-sufficient.
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II. CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information Office of the City
of Huntington Beach. Programming activities and program schedules for the channel are
the responsibility of the Deputy City Administrator Public inf,....alie., O ffleer-
acting in the capacity of Channel Manager. The costs associated with the City's
involvement in Cable Channel 3 will be paid for with the franchise fees received from the
cable franchise as provided for in the Franchise Agreement, from underwriting
revenues, and from general funds of the City departments for services
provided, in accordance with PCTA policies, and City of Huntington Beach policies.
Channel 3 may solicit and accept grants for operations or production of particular
types of programming.
III. POLITICAL PROGRAMMING STATE-NffiNTr
A. Cable Channel 3 will provide information to the citizens of the PCTA cable
service area concerning the functions, activities, programs and issues of the eCity. The
channel is not intended to be used as an exclusive political forum by an individual or
group, nor as a mechanism for building exclusive support for a particular person,
program or issue. Use of the channel by a politically-oriented individual or group shall
be governed by the operating procedures as set forth herein, and by the rules of the
Federal Communications Commission (FCC) as they may apply to operations of Cable
Channel 3.
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B. The variety of opinions and of programming on the government access channel
will preclude agreement by the City Council members, administration and city staff with
all opinions which may be broadcast on the channel; therefore, the Channel Manager will
cause a statement to be included at the conclusion of
each program to the effect that the opinions expressed on the channel do not
necessarily reflect those of the official city staff, administration or the City Council.
in addition, the opening message for eaeh day's p — . — will eaf:r-y a statement to
the effeet that in ease a fespensible efganizatien differs with a pr-egrafn eF statements
expfe sed on 14BTV 3, reply fifne may be pr-evided by the Channel Manager-within the
same for-mat and, as nearly as possible, tinder-the same eenditions as the original pr-egr-am.
AC. Declared candidates for any elective public office and persons advocating any
cause, viewpoint or policy, proposed or otherwise, will not be eligible to appear on
HBTV-3, except in a program or series where the format allows for all candidates or
sides of an issue to be heard on an equal basis and within the same format.
A person is deemed to be a candidate for public office from the time that person
takes out nomination papers for public office. However, Ecandidates for public office
may appear on HBTV-3 on a bona fide news program; a news documentary, if the
appearance of the candidate is incidental to presentation of the subject matter; or in
coverage of official city meetings such as City Council or boards or commissions.
D. Cable Channel 3 and the Channel Manager will make every effort to ensure that
any appearance, except as authorized in Section A—. 2C, by any qualified political
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candidate on HBTV-3 will abide by these restrictions, and will tailor such appearances so
as to minimize the fact of their candidacy.
Decisions on allowable program formats and appearances by qualified political
candidates will be made by the Channel Manager. Should an appearance by a qualified
political candidate be determined to fall outside of the categories of exempt
programming mentioned above, then HBTV-3 will afford equal opportunities to all other
candidates for that office.
B- A candidate requesting such equal opportunities of HBTV-3 shall have the
burden of proving that he or she and the opponent are legally qualified candidates for the
same office. A request for equal opportunity for use of HBTV-3 must be submitted to
the Channel Manager within one week of the day on which the first prior use, giving rise
to the right to equal time, occurred, provided that such candidate or spokesperson was
not already offered an opportunity to appear on HBTV-3 on an equal basis with all other
candidates or spokesperson for this office or issue.
E. When scheduling for equal time programming, the Channel Manager will do his
best to provide the opponent(s) airtime on a similar day, at a similar time, and under
similar conditions as the prior cablecast, and within as efficient and effective time period
as possible, but with no guarantee of being able to match cablecast conditions exactly.
All decisions on equal time program schedules will be made by the Channel Manager and
shall be final.
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IV. PROGRAMMING RESTRICTIONS
The P.,blie infefniatien Offieo Channel Manager shall program
HBTV-3 consistent with the pregra g content restrictions imposed-en-BBTW
3 by the Federal Communications Commission(FCC)Regulations, by prevailing
community standards and good taste, and by applicable Federal, state and local laws. In
particular, the Melee Tit Channel Manager will not cablecast, or allow to be
cablecast, any programming containing the following:
A. Obscene or indecent material.
1.
be-
judged-aeeer-ding-to prevailing ee r arils. The Channel Manager may
reject the program if it is legally obscene. The U.S. Supreme Court
held in Miller v California that for a work to be obscene, the following
three elements must be present:
(a) The average person, applying contemporary
community standards, would find that the work, taken as a whole,
appeals to the prurient interest;
(b) The work depicts or describes, in a patently offensive
way, sexual conduct; and
(c) The work, taken as a whole, lacks serious literary,
artistic, political or scientific value.
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2. In the case of programs deemed to be worthy or of social or artistic value, but
also containing some program content or language that may be considered indecent
offensive to some viewers, the following message may be run prior to the program, and
during any natural program break:
"The following program has been deemed worthy of cablecast on Cable
Channel 3, but contains language or other program content that may be offensive to
some viewers. Viewer discretion and parental guidance are advised."
3. In addition, the Manager will schedule indecent programs,
and those with a mature theme after Prime Time so that unsupervised
children will not be exposed to them.
B. Information or advertising concerningan n illegal lottery. (Violation of this
rule may subject the user to criminal liability under Federal Law, 'Title
18, U.S. Code, Section 1304, FCC-76.213.)
C. Paid advertising material. designed - prornete the sale of eemmer-eial p „d
1. Paid advertising material includes, but is not limited to, the following:
(a) Advertising by or on behalf of a candidate for public office.
b. Paid messages whose pr-ima intended te pr-emete a single
duet, tfade, business.
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(b) Programs which solicit, directly or indirectly, money or
other consideration in exchange for goods, services or consideration of
any kind, or
e. Program material made available without ehar-ge by ,
or-insfittifiens which ha-ve a eemmereial interest in the subjeet matter, This previsie
shall not prevent the identifieafien, by name only, ef per-sens of insfitutiens providing
gfato „t,-ib do n to „de r;te the nt of p el to t„ the nl
51LL11LJ Vl VVll L11VULlVr1J LV LL11<Llil YY 11
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(c)Programs which solicit money or other assets, without
consideration in exchange.
2. Notwithstanding the above, direct appeal for donations for
specific city sponsored programs may be made on Channel 3 through
the use of telethons which are:
(a) Authorized by a vote of the City Council;
(b) Directly sponsored by a City Department; or
(c) Directly benefits a City sponsored activity.
2. Acknowledgment of Ggrants for programming purposes shall not be
considered as advertising.
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D. Copyrighted material. Copyrighted material shall not be cablecast,
unless clearances for use have been obtained, and written proof of such clearance can be
presented.
E. Illegal programming. Any programming-which is prohibited by applicable
Federal, state or local laws.
F. Defamation. Programs shall be considered defamatory and
therefore prohibited if they include false statements about individuals
or groups and the producer either knows them to be false, or produces
their with reckless disregard for the truth.
G. Fraud. All material which is intended to defraud the viewer or
designed to obtain money by false or fraudulent promises or
representations. (Violation of this rule may subject the user to criminal
liability under Federal Law Title 18, U.S. Code, Section 1304.)
H. Union residuals. Production or programming requiring union
residuals or other payments including, but not limited to talent and
crew, will not be aired unless those payments have been previously paid
in total or waived and evidence is provided to the Channel Manager.
The Channel Manager reserves the right to review all programs, proposed and
completed, to determine compliance with these Programming Regulations and Channel
Objectives. Any program under consideration may be accepted as presented, may be
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turned down completely, or may be given conditional approval. In the case of
conditional approval, a program may be deemed appropriate and worthy, except for
stated objectionable or offensive program portions, which will be listed as needing
revision or deletion from the program. The producer of the program will then have the
option of making all specified changes or withdrawing the program from consideration
altogether.
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POLITICAL BROADCASTS
V. PROGRAM TYPES
Programming viewed on HBTV-3 will fall into one of the following programming
categories, listed by scheduling priority:
A. Emergency. May consist of live, taped or Alpha Numeric programming, shown
at any time, as emergency dictates. The purpose of this programming will be to inform
residents of emergency situations, and to instruct viewers in evacuation, detour,
notification and escape procedures. In the case of an emergency, regularly scheduled
programming may be interrupted or canceled. The content and scheduling of any
emergency programming must be approved by the City Emergency Operations Manager
or his designee.
B. Live Programs.ams. Live coverage of City Council and Planning Commission
meetings currently takes place on a bi-weekly basis, or more often, in the City of
Huntington Beach. Meetings are carried gavel-to-gavel without editing or editorial
comment unless the body asks that a lesser portion be televised. Other live preg
pessibilitie programming may include events coverage, such as the 4th of July
Parade, Public Works Open House, Police Appreciation Day, or
authorized telethons. ^r Huntingte Ha-4.ou f Beat D,,mde
C. Locally Produced Programs and Series. Most programs and series will be
produced by in-house staff for Cable Channel 3 and will be directly related to city issues
or government-sponsored programs, or will be of a general information nature, such as
health, cultural or lifestyle programming.
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D. Outside Programming,
I.D. Programming by any other governmental group, individual or entity not an
official branch of the City of Huntington Beach,or a member of the PCTA, may be
allowed if the event or program to be taped is co-sponsored by the City of Huntington
Beach, or special permission is obtained from the Channel Manager.
2. Recognizing that the operations of HBTV-3 are funded by the cable television
customers of the cable company in Huntington Beach,the City of Huntington Beach may
require payment of all expenses of programming by other governmental agencies,
including PCTA members, should HBTV-3, the Public Information Office Video Unit,
be asked to produce programming for the other governmental agency.
3. Pre-produced programming may be submitted ^r made .,. ail bl_e for u-se
carriage on Cable Channel 3. Such programming will be screened for suitability and
compliance with Channel Objectives and Programming Regulations, and may be
approved by the Channel Manager for scheduling on Cable Channel 3.
E. Alpha Numeric/CSPAN. A bulletin board style service used to display city-
related messages to the public, this mode of programming may be used as filler, when no
other video programming is scheduled on HBTV-3. Access to this service is open to
city governments, as well as to the general public. Message content and decisions on
message suitability will be governed by Channel Objectives and Programming
Regulations.
Alternatively, CSPAN 2 may be carried.
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i
F. Satellite Reception. Programming suitable for re-transmission may be obtained
through satellite reception. Programs to be re-transmitted shall meet all requirements of
these regulations for suitability that apply to locally produced programming. Satellite
receptions may be videotaped for later broadcast or for use by city departments in
training programs. In all cases, Channel 3 shall observe all applicable rules concerning
copyrights.
VI. CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA member cities and
departments, providing the proposed programming is consistent with the policies of the
member city.
Recognizing that not all of the PCTA cities may be able to produce sufficient volume
of programming to warrant segmentation of distribution, the Channel Manager will make
every reasonable effort to integrate the programming of the member cities into a
schedule which will result in the maximum opportunity for viewership in each of the
member cities. If two or more events are scheduled for the same time, and each are of
such a nature that each must appear at the same time on the same channel, the Channel
Manager shall arrange with the cable franchisee for segmented distribution, each
program then appearing at the same time in the appropriate city or cities.
VII. ACCESS PROCEDURES
HBTV-3 is a Government Access Channel, as outlined in the Federal Cable
Communications Act of 1984, open to the various government entities for the
dissemination of government-related information to the viewing public. Access to the
channel may range from submitting a public service announcement for the Alpha-
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Numeric service, to putting in a request for event coverage, to working side-by-side with
Channel 3 to produce a program or program series. In each case, proper procedures
must be followed before access will be provided.
A. Alpha-Numeric Procedures.
1. All city departments, agencies and organizations may submit public service
messages to be displayed in alpha-numeric form on Cable Channel 3 during non-
programming hours. All messages must be submitted in writing, and must be submitted
at least three working days prior to the requested start date. Ferns f r-this son.:eo are
Street,available in the Public infefmatien Offlee, City of Htintingten Beaeh, 2000 Main
Huntington Beaeh, Califernia 926483 (7'^' 536 «". Mail or bring messages to the
Public Information Office. No announcements will be taken over the phone, except in
the case of an emergency.
2. Messages submitted by a city department must be approved by the
appropriate department head.
3. Messages are input by*The Channel 3 staff places messages on a
"character generator" and which appear on the TV screen as either a"page" at a time
or a scroll. Messages should be concise, and should contain basic information
concerning what, when, where, how, and how much. If necessary, the Video Unit will
edit the message to improve readability, to make it fit on one screen page, or to insure
message is grammatically correct.
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4. All submitted messages must be accompanied by:
(a) The name of the submitting agency
(b) The name of a contact person
(c) A phone number where that person may be reached, and whether or not
that information is to appear in the message. Submissions should include desired start
and end dates.
5. No classified ads, commercial messages or commercial solicitations of funds
will be allowed on Cable Channel 3.
6. Receipt of a public service message does not in any way guarantee its
appearance on Cable Channel 3. Suitability for this channel and compliance with city
policies will be determined by the Channel Manager. The date of input and the length of
run of any message will be determined by staff availability and channel capacity.
7. Every attempt will be made to input all messages received by the Video Unit.
In the case that channel capacity is full, messages will be carried a maximum of three
days each, and on a first-come, first-served basis, with the following priorities:
(a) Emergency and public service notification messages, originated by Police,
Fire or Emergency Services as approved by management;
(b) Announcements ordered by the City Council;
(c) Announcements ordered by the City Administrator;
(d) Announcements submitted by City Department Heads,
(e) Announcements submitted by the general public.
20
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
B. Event Coverage Procedures.
1. All To requests for coverage of an event by the Video Unit, the ap ;r
ty .70,,.aftn ent representative must fill out a b + ., !`..m,,,,,.,:..a liens Sery,..-
shall be in writing and must be submitted t® the
Channel Manager. F,,ff y obtained in the City„fu,,,,+:,,,�te Bee Publ e
1 V 1111J 111GL VCR V V LGI.L�
infer-matien Offiee, 2000 Mai Stfee+ u,,,,+:,,,.+o Beaeh, Califefnia 92648 (71 n) 536
551 i
2. The Aapplicant will be required to provide the name, date, location and
purpose of the event. Also required will be details regarding what the taping crew will
need to know in advance about the location, activity, crowd, etc., and whether or not the
event will further the channel objectives.
3. It is the responsibility of the applicant to obtain all on-site approvals and off-
site permissions for taping. This includes permission from property or business owners,
performers, event coordinators, etc. Approvals should all be obtained prior to
submitting Projec4 Request Fer- sending a written request t® the Channel
Manager. The Channel Manager may ask for proof of approvals prior to considering
the request, and will require applicant to sign a statement that all necessary clearances
have been secured.
4. It will be the applicant's responsibility to pay any ex4r-a-all costs incurred by
the production, including, but not limited to, all admittance fees, artwork and graphics,
union or other professional association fees, clearance fees, royalties and permission fees.
21
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
5. The P fejeet Request Fora should be A written Production Request is
to be submitted a minimum of ten (10)thirty (30)working days prior to the
scheduled event. It shall provide:
(a) A statement of how the proposed program services the
public interest.
(b) A written statement explaining why the proposed program
should be produced either by, or in cooperation with, the Cable
Channel 3.
(c) A narrative description of the proposed program and the
audience the program is designed to reach.
(d) The anticipated number of programs to be produced and
the length and type of each program, (i.e., will it be a studio shoot?
Demote shoot? Half-hour or one hour?)
(e) Explanation of the production cost for each program. If
possible, a detailed breakdown of cost (e.g. facility cost; equipment
cost; staff cost, editing cost; etc.).
(f) A list of underwriters and the dollars the applicant expects
each will contribute toward the program's production and distribution.
22
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
(g) Identification of the on-air talent, or the method to be used
to find the on-air talent to be used on the program(s).
6. A request originating from any city department must be approved by the
appropriate department head.
7. The Channel Manager will consider each request based on:
II. News of enteftainment
value
e. Availability efstoff
e. Capabilities of staff.,n equipment
(a) Does the proposed television program further the City's
efforts to inform the public about city-sponsored services or programs?
(b) Is the proposed television program directly or indirectly
linked to a government sponsored program or service?
(c) Are there sufficient funds identified to cover HBTV-3
production costs and are those funds available?
(d) Does the program serve a City Council stated goal or
objective?
(e) Does the proposed television program further open and
responsible government?
23
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
(f) Does the proposed television program conflict or enhance
an existing HBTV-3 program?
8. Receipt of a written Request does not in any way
guarantee approval of applicant's request.
9. Completed programs and all work footage shall be the sole property of the
City of Huntington Beach. Copies of completed programs may be purchased on 1/2-inch
or 3/4-inch videotape at a purchase price to be set by resolution of the City Council.
10. It is the policy of the Video Unit to retain completed programs for up to a
maximum of six months. During that period, tapes may be retained, or erased, at the
discretion of the Channel Manager. Work footage will be erased immediately upon the
completion of the program, and will not be available to anyone for any purpose.
C. Equipment Usage Procedures.
1. Video equipment and facilities may be used in studio, or in the Council
Chambers, by trained members of city departments and agencies with the approval of the
Channel Manager.
2. Equipment will be available on a first-come, first-served basis during regular
business hours only.
3. To request use of the Channel 3 facilities, approved users must submit a
written request , no less than-five-(5)twenty
(20) working days prior to the request date. The applicant will be required to state the
24
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
date and time the facilities are requested, list the equipment required, and describe the
event or the program to be taped.
4. While HBTV-3 may choose at various times to conduct video training
sessions for the benefit of city staff members, they will in no way be obligated to conduct
any other such sessions except by direction of the City Administrator.
5. Right of usage by any authorized person or agency will be limited to
equipment and facilities provided. HBTV-3 is not obligated to allow city equipment or
facilities to be interfaced with any other equipment or facilities. Any user tampering
with, adjusting or altering any city equipment or facilities may be subject to immediate
forfeiture of their right to use said equipment or facilities.
6. Use of equipment for personal, commercial or any other non-government
related purposes will not be allowed.
7. Applicants will not be authorized to tape an event or program already being
covered by Channel 3.
8. Approval of all equipment requests is subject to equipment availability.
Emergencies, unforeseen complications, equipment failure, and official city business may
necessitate cancellation of equipment usage rights at any time.
9. Completed programs will be screened for compliance with channel objectives
and city policies, and for technical quality. Use of equipment and facilities to produce a
program will not guarantee the program producer on Cable Channel 3. The program
may be accepted as presented, turned down completely, or given conditional approval.
In the case of conditional approval, the program producer may make specified changes in
25
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
order to bring the program into compliance, or may withdraw the program from
consideration altogether.
10. The Public Information Office Channel 3 employees may make video copies
of non-copyright materials for use of city department or for general public relations use.
Copies shall not be made of copyright materials without permission of the copyright
holder and it shall be the responsibility of the requesting department to obtain such
permissions. In the absence of written permission, the Public Information Officer shall
presume that no permission has been granted.
11. Video tape considered obscene shall not be brought into City Hall, nor into
the Video Unit, any video control room, or be present at any time in the possession of a
member of the Video Unit or video volunteer on any shoot, either in the field or inside
any municipal building.
D. Aiftif e Request uest Pr-e.edufe Pre-Produced Programs.
1. Airtime on H 3TV-3 may be requested for a pre-produced program or series,
providing the program is suitable for airing on the channel.
2. To submit a program for consideration, a written
request to the Station Manager describing program title, topic, format, and
running time is required with a 3/4 in Beta SP1 videotape of the program.
3. The Pprogram will be screened for Channel 3 suitability, compliance with
Channel Objectives and City Policies and for technical quality. The program may be
accepted or rejected, in whole or in part, by the Channel Manager based on any or all of
the qualifying criteria.
26
SF:G:96MisaChan3TV
RLS 95-767 3/20/96
4. Ne pro— n iu— vutaaming o1 advertising. it be ll ., a .,is an ovefriding public
11L 1 Y ✓ unless there ,
4-5.If accepted, the Channel Manager will determine when and how often the
program will appear in the Cable Channel 3 schedule, but will schedule the program no
more often than specified by the program presenter.
56.It is the responsibility of the applicant to obtain all copyrights and all
'clearances to all portions of the submitted program including, but not limited to, video,
performance, music, song, theatrical and film rights. The Channel Manager may require
applicant to sign a statement that all approvals have been secured.
27
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
E. Length of Programs
I. Programs scheduled in half hour time slots must not exceed 28
minutes.
2. Programs scheduled in hour time slots must not exceed 58
minutes.
3. Programs exceeding 58 minutes will be scheduled according to
available HBTV-3 Channel air time.
4. Channel 3 reserve the right to acknowledge sponsors at any
time during cablecasts of any access programming.
the Video Unit ferthe length of the pr-egr-am is to bey-ems r:' 3. if
applieant wishes to have the tape(s) returned after-it has eempleted its run on Channel 3-,
he/she n?dst provide a mailing envelepe or- eai4en, with address label and sUffiCient
postage, oF should make arrangements to piek up the tape(s) within two weeks of th
end of the seheduled Pdn. Any tapes left longer-than two weeks, unless ethe
arra .wed, fray be diseafdea e er-asedf F. Emergency Procedures.
1. Emergency programming is to be originated and authorized only by
Administration, Police, Fire, Public Works or emergency service personnel. Under no=
circumstances will access to Cable Channel 3 for emergency communications be granted
to anyone who does not have the proper authority to initiate emergency procedures.
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SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
G. Live Coverage of City Functions.
1. The Video Unit currently carries live coverage of the City of Huntington
Beach City Council meetings and Planning Commission meetings. While such coverage
is taking place, no other video production crew will be allowed in the meeting locale
(except for production of film or videotape for news purposes by recognized broadcast
agencies) without special permission from the Channel Manager or the City
Administrator.
2. Live coverage of any other city meetings in any of the other PCTA cities will
require permission from the affected city and may require payment of expenses of
production, in produced by the Huntington Beach Video Unit.
3. In the event that a production unit other than Channel 3 obtains the authority
and the capacity to produce live coverage of city meetings, airtime on HBTV-3 must be
arranged. The Channel Manager and the Video Unit will make every effort to cooperate
with any production unit that has obtained the proper clearances and has the physical
capacity to produce broadcast quality live coverage of other PCTA city meetings.
4. Unless otherwise authorized by the affected city, meeting coverage can be
achieved by a standardization of taping procedures.
5. The highest quality of responsible meeting coverage can be achieved by a
standardization of taping procedures.
(a) Presentation by the public, visuals, overheads, performances, etc., should
be assigned to one location, which is to be equipped with proper lighting, microphones,
camera angles, etc.
29
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
(b) Coverage of the meeting's proceedings should be objective, with camera
shots limited to straight on head-and-shoulders shots of speakers, and cover shots of
meeting participants. Directors should avoid subjective close-ups, unique angles, harsh
or tinted lighting, and camera shots that portray anyone in a particularly negative or
unfavorable manner.
6. Tapes from the City of Huntington Beach City Council and Planning
Commission meetings, if such meetings are taped, may be retained for a minimum of six
(6) months. Any requests for retention beyond the six months should be made in writing
to the City Clerk. These tapes may be viewed by appointment at the office of City Clerk
during normal business hours. Copies of these tapes may be purchased from the City
Clerk on 1/2-inch or 3/4-inch tape at a purchase price to be set by resolution of the City
Council.
H. Grievance Procedures.
Any person wishing to protest decisions made by the Channel
Manager (e.g., playback and production scheduling, refusal to carry a
program due to content or length, or any conflict arising as to these
Policies) may file an appeal and request a hearing before the Cable TV
Council Committee.
I. Appeal Procedures.
1. Any applicant wishing to file an appeal must submit a detailed
report regarding the complaint to the Channel Manager. Such appeal
30
SF:G:96Misc:Chan3TV
RLS 95-767 3/20/96
shall be filed within ten (10) days after the disputed action. At the time
of the appeal hearing, the Cable TV Council Committee shall hear all
relevant evidence, shall determine the merits of the appeal, and render
a written decision within seven (7) days after the hearing.
2. Should a person wish to appeal the Committee's decision, he
shall file the original appeal and the decision of the Cable TV Council
Committee with the City Clerk. Such appeal shall be filed within ten
(10) days after receipt of the Committee's decision. The City Council
shall hear the appeal. At the time of the appeal hearing, the City
Council shall hear all relevant evidence, shall determine the merits of
the appeal, and render a written decision within fourteen (14) days
after the hearing.
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RLS 95-767 3/20/96
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Administration/P10
SUBJECT: Revisions to The City of Huntington Beach
Cable Channel 3 Operations Policy
COUNCIL MEETING DATE: April 1, 1996
_ _ ........ _ _ _ __ _ ...
.. ...... _ ........____. ........... _ ..... _ ...... .. ..._...... _ ................
RCA ATTAC�NI�NTS . �TAT'US
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Si ned in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION �OIR MISSINt�r A`�TACHME'NTS
REVIEWED RETURNED FORWARDED
_ _.
Administrative Staff
Assistant City Administrator Initial GL2�
City Administrator Initial
City Clerk
....... _ _ .....
E?CPLANATtO'N FOIE RETURN flF ITEiM:
•
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS POLICY
1996
PUBLIC INFORMATION OFFICE
(714) 536-5511
(CHANNEL 3 POLICY ADOPTED BY CITY COUNCIL ON SEPTEMBER 17, 1990
AMENDED BY CITY COUNCIL ON APRIL 1, 1996)
SF:G:96Misc:B BT Vfinal
RLS 95-767 4/4/96
PREAMBLE
Cable television presents a unique opportunity for local government.
To have access to the home television set to inform city residents of the workings of
government and about life in the community. Cable television can be a meeting place for
ideas, a means to show to people how their community works, about community health,
recreation and other services available to all, and about those available to the few.
The primary focus of Cable Channel 3 will be to enhance the City's ability to inform
and educate the public regarding City programs and activities, and to address
Community issues and reduce public divisiveness and controversy. Such programming
may include City Council and Planning Commission meetings, as well as public works
and street work,neighborhood watch,and emergency preparedness programs. In
addition, Channel 3 will serve the community by offering noncommercial educational,
informational and entertainment programming to the cable subscriber, such as high
school athletics and local musical and theatrical performing art events.
NOTE
This regulation applies primarily to cable television operations by the City of
Huntington Beach and anticipates that cable television distribution to other cities of the
Public Cable Television Authority may be segmented in the future or other channels
assigned to individual cities. However,this regulation provides for inclusion of
programming by and for other of the PCTA cities at no cost to Huntington Beach,if
such programming is available,or if it can be produced with reasonable expenses borne
by the requesting PCTA city.
The Video Unit operates as a branch of the Huntington Beach Public Information
Office at 2000 Main Street,Huntington Beach, California 92648, (714)536-551 I. The
Deputy City Administrator in charge of the Public Information Officer acts as Channel
Manager of Cable TV 3,bearing all responsibility for all aspects of the channel and
Video Unit operation.
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SF:G:96Misc:HBTVfin1
RIS 95-767 4/3/96
BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels set aside in the original
cable television franchise granted by the Public Cable Television Authority to the
predecessor of Tunes Warner Company, reserved for use by the local municipalities and
their organizations. The four channels, as outlined in the franchise,were to be assigned
and programmed as follows:
1 Channel-PCTA-Community Oriented Programming
1 Channel-Education- City Educational Districts
1 Channel-Area Government-Municipal and Government Services,
Police,Fire,Public Works,Recreation,etc.
1 Channel- Spare
Through the years, these channels have been reassigned somewhat, as appropriate
agencies stepped forward with the desire and facilities to make use of these channels.
When the original franchise was granted,the PCTA intended to become involved in
programming. Since then the PCTA has determined that it would not enter into
programming. In addition, Federal laws now provide for public access to members of
the community through the PEG channels outlined in the Cable Communications Act of
1984.
Coastline Community College now programs one channel with accredited
telecourses. Another channel has been dedicated to carriage of C-SPAN,a national
satellite program service that delivers live coverage of the U.S. House of
Representatives, and other public affairs programming 24 hours a day. And Cable
Channel 3 is the government access channel designated for use by the four PCTA
municipalities-Huntington Beach,Fountain Valley,Westminster and Stanton, for
dissemination of municipal government programming.
The first government access programming on this channel was live City Council
meetings produced by the cable company staff in 1982. In 1983,Huntington Beach took
over transmitting live coverage of City Council meetings. Since then,the Video Unit has
grown in both size and scope of responsibility. The facilities now include full multi-
camera switching capabilities, a staff of full and part-time production crew members,
portable production and editing facilities,and in-studio production of programs geared
toward the general public and regular-coverage of city-sponsored events.
In 1990,the City Council adopted its first set of Administrative Regulations for the
operation of Huntington Beach Cable Channel 3. Since that time, the evolution of Cable
Channel 3 has precipitated the need for amended operational policies. The following
amended Administrative Regulations, approved by the Huntington Beach City Council,
will continue to serve as the official operating rules of Huntington Beach Cable Channel
3.
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SF:G:96Misc:HBTVfin1
RLS 95-767 4/3/96
REGULATIQNS GOVERNING USE OF THE
GOVERNMENT ACCESS CHANNEL
1. PURPOSE AND OBJECTIVES
A. Purpose. The purpose of these regulations is to provide for the use
of the Government Channel, Cable Channel 3, and to describe its use by the City of
Huntington Beach. HBTV-3 is a government channel as provided for in the Cable
Communications Policy Act of 1984, as amended. This Federal legislation establishes
government channels, educational channels and public channels for use by each of these
broad groups.
HBTV-3 is a government channel and is not required by law to offer access to other
than the government. However, as a matter of fairness,HBTV 3 does offer
opportunities for other opinions to be heard within the rules of HBTV 3.
B. OBJECTIVES. The objectives for use of Cable Channel 3 are as
follows:
1. To provide live coverage of all City Council and Planning
Commission meetings, and other Boards, Commissions and Committees, as appropriate.
2. To increase the knowledge of the citizenry of the functions and
responsibilities of municipal government, and the functions of the various departments
and commissions.
3. To serve as the official information center in the case of a local
emergency situation; (e.g., flood, fire, and crime).
4
SF:G:96Misc:HBTVfin1
RLS 95-767 4/3/96
4. To supplement the public safety awareness efforts of the local
Police and Fire Departments.
5. To assist in the in-house training of various city department
employees
6. To cover City-sponsored special events.
7. To serve as an on-going source of information for the citizens of
the City of Huntington Beach.
S. To work toward becoming financially self-sufficient.
5
SF:G:96Misc:HBTVfml
RLS 95-767 4/3/96
II. CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information Office of the City
of Huntington Beach. Programming activities and program schedules for the channel are
the responsibility of the Deputy City Administrator acting in the capacity of Channel
Manager. The costs associated with the City's involvement in Cable Channel 3 will be
paid for with the franchise fees received from the cable franchise as provided for in the
Franchise Agreement,from underwriting revenues, and from general funds of the City
departments for services provided,in accordance with PCTA policies, and City of
Huntington Beach policies.
Channel 3 may solicit and accept grants for operations or production of particular
types of programming.
M. POLITICAL.PROD G
A. Cable Channel 3 will provide information to the citizens of the PCTA cable
service area concerning the functions,activities, programs and issues of the City. The
channel is not intended to be used as an exclusive political forum by an individual or
group, nor as a mechanism for building exclusive support for a particular person,
program or issue. Use of the channel by a politically-oriented individual or group shall
be governed b the operating procedures as set forth herein„ and the rules of the
g Y P gP by
Federal Communications Commission(FCC)as they may apply to operations of Cable
Channel 3.
B. The variety of opinions and of programming on the government access channel
will preclude agreement by the City Council members, administration and city staff with
all opinions which may be broadcast on the channel;therefore,the Channel Manager will
6
SF:G:96Misc:HBTVfm1
RLS 95-767 4/3/96
0
cause a statement to be included at the conclusion of each program to the effect that the
opinions expressed on the channel do not necessarily reflect those of the official city
st4 administration or the City Council.
C. Declared candidates for any elective public office and persons advocating any
cause,viewpoint or policy, proposed or otherwise, will not be eligible to appear on
I IBTV 3, except in a program or series where the format allows for all candidates or
sides of an issue to be heard on an equal basis and within the same format.
A person is deemed to be a candidate for public office from the time that person
takes out nomination papers for public office. However, candidates far public office may
appear on HB'TV-3 on a bona fide news program;a news documentary, if the
appearance of the candidate is incidental to presentation of the subject matter; or in
coverage of official city meetings such as City Council or boards or commissions.
D. Cable Channel 3 and the Channel Manager will make every effort to ensure that
any appearance, except as authorized in Section C,by any qualified political candidate on
HBTV-3 will abide by these restrictions,and will tailor such appearances so as to
minimize the fact of their candidacy.
Decisions on allowable program formats and appearances by qualified political
candidates will be made by the Channel Manager. Should an appearance by a qualified
political candidate be determined to fall outside of the categories of exempt
programming mentioned above,then HBTV-3 will afford equal opportunities to all other
candidates for that office.
A candidate requesting such equal opportunities of HBTV-3 shall have the
burden of proving that he or she and the opponent are legally qualified candidates for the
7
SF:G:96Misc:HBT Vfinl
RLS 95-767 4/3/96
• •
same office. A request for equal opportunity for use of HBTV-3 must be submitted to
the Channel Manager within one week of the day on which the first prior use,giving rise
to the right to equal time, occurred,provided that such candidate or spokesperson was
not already offered an opportunity to appear on HBTV-3 on an equal basis with all other
candidates or spokesperson for this office or issue.
When scheduling for equal time programming, the Channel Manager will do his
best to provide the opponent(s)airtime on a similar day, at a similar time, and under
similar conditions as the prior cablecast, and within as efficient and effective time period
as possible, but with no guarantee of being able to match cablecast conditions exactly.
All decisions on equal time program schedules will be made by the Channel Manager and
shall be final.
8
SF-.G:96Misc:H$TVfint
RLS 95-767 4/3l96
IV.E'RQ9RAMMING RESTRICTION
The Channel Manager shall program HBTV-3 consistent with the content restrictions
imposed-by the Federal Communications Commission(FCC)Regulations, by prevailing
community standards and good taste, and by applicable Federal, state and local laws. In
particular,the Channel Manager will not cablecast, or allow to be cablecast, any
programming containing the following:
A. Obscene or indecent material.
1. The Channel Manager may reject the program if it is legally obscene. The
U.S. Supreme Court held in Miller v California that for a work to be obscene, the
following three elements must be present:
(a) The average person, applying contemporary community standards,
would find that the work,taken as a whole,appeals to the prurient interest;
(b) The work depicts or describes, in a patently offensive way, sexual
conduct; and
(c) The work, taken as a whole,lacks serious literary, artistic, political or
scientific value.
2. In the case of programs deemed to be worthy or of social or artistic value,but
also containing some program content or language that may be considered indecent
offensive to some viewers, the following message may be run prior to the program, and
during any natural program break:
"The following program has been deemed worthy of cablecast on Cable
Channel 3, but contains language or other program content that may be offensive to
some viewers. Viewer discretion and parental guidance are advised."
9
SF:G:96Misc:HBTVfwI
RLS 95-767 4/3l96
"The following program has been deemed worthy of cable cast on Cable
Channel 3, but contains language or other program content that may be offensive to
some viewers, Viewer discretion and parental guidance are advised."
3. In addition, the Manager will schedule indecent programs, and those with a
mature theme after Prime Time so that unsupervised children will not be exposed to
them
B. Information or advertising concerning an illegal lottery. (Violation of this rule
may subject the user to criminal liability under Federal Law, Title 18,U.S. Code, Section
1304,FCC-76.213.)
C. Paid advertising material.
1. Paid advertising material includes,but is not limited to,the following:
(a) Advertising by or on behalf of a candidate for public office.
(b) Programs which solicit, directly or indirectly, money or other
consideration in exchange for goods, services or consideration of any kind, or
(c) Programs which solicit money or other assets,without consideration in
exchange.
2. Notwithstanding the above, direct appeal for donations for specific city
sponsored programs may be made on Channel 3 through the use of telethons which are:
(a) Authorized by a vote of the City Council;
(b) Directly sponsored by a City Department; or
(c) Directly benefits a City sponsored activity.
2. Acknowledgment of grants for programming purposes shall not be considered
as advertising.
10
SF:G:96Misc:HBTVfinl
RLS 95-767 4/3/96
D. Copydebted material. Copyrighted material shall not be cable cast,unless
clearances for use have been obtained,and written proof of such clearance can be
presented.
E. Illegal programming. Any programming-which is prohibited by applicable
Federal, state or local laws.
F. Defamation. Programs shall be considered defamatory and therefore prohibited if
they include false statements about individuals or groups and the producer either knows
than to be false, or produces than with reckless disregard for the truth.
G. Fraud, All material which is intended to defraud the viewer or designed to obtain
money by false or fraudulent promises or representations. (Violation of this rule may
subject the user to criminal liability under Federal Law Title 18,U.S. Code, Section
1304.)
H. Union Residuals. Production or programming rewiring union residuals or other
payments including, but not limited to talent and crew,will not be aired unless those
payments have been previously paid in total or waived and evidence is provided to the
Channel Manager.
The Channel Manager reserves the right to review all programs, proposed and
g Sh p gr� P P
completed, to determine compliance with these Programming Regulations and Channel
Objectives. Any program under consideration may be accepted as presented, may be
turned down completely, or may be given conditional approval. In the case of
conditional approval, a program may be deemed appropriate and worthy, except for
stated objectionable or offensive program portions,which will be listed as needing
revision or deletion from the program. The producer of the program will then have the
11
SF:G:96Misc:HBTVfinl
RLS 95-767 4l3J96
option of making all specified changes or withdrawing the program from consideration
altogether.
12
SF:G:96Misc:HBTVfmi
RLS 95-767 4/3/96
V. PROGRAM TYPES
Programming viewed on HBTV-3 will fall into one of the following programming
categories, listed by scheduling priority:
A. Emergency. May consist of live,taped or Alpha Numeric programming, shown
at any time, as emergency dictates. The purpose of this programming will be to inform
residents of emergency situations, and to instruct viewers in evacuation, detour,
notification and escape procedures. In the case of an emergency,regularly scheduled
programming may be interrupted or canceled. The content and scheduling of any
emergency programming must be approved by the City Emergency Operations Manager
or his designee.
B. Live Programs. Live coverage of City Council and Planning Commission
meetings currently takes place on a bi-weekly basis, or more often, in the City of
Huntington Beach. Meetings are carried gavel-to-gavel without editing or editorial
comment unless the body asks that a lesser portion be televised. Other live programming
may include events coverage, such as the 4th of July Parade,Public Works Open House,
Police Appreciation Day, or authorized telethons.
C. Locally Produced Programs and Series. Most programs and series will be
produced by in-house staff for Cable Channel 3 and will be directly related to city issues
or government-sponsored programs, or will be of a general information nature, such as
health, cultural or lifestyle programming.
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D. Outside Programming.
1. Programming by any other governmental group,individual or entity not an
official branch of the City of Huntington Beach,or a member of the PCTA,may be
allowed if the event or program to be taped is co-sponsored by the City of Huntington
Beach,or special permission is obtained from the Channel Manager.
2. Recognizing that the operations of HBTV-3 are fimded by the cable television
customers of the cable company in Huntington Beach, the City of Huntington Beach may
require payment of all expenses of programming by other governmental agencies,
including PCTA members, should HBTV-3,the Public Information Office Video Unit,
be asked to produce programming for the other governmental agency.
3. Pre-produced programming may be submitted for carriage on Cable
Channel 3. Such programming will be screened for suitability and compliance with
Channel Objectives and Programming Regulations,and may be approved by the Channel
Manager for scheduling on Cable Channel 3.
E. Alpha Numeri%CSPAN. A bulletin board style service used to display city-
related messages to the public,this mode of programming may be used as filler,when no
other video programming is scheduled on HBTV-3. Access to this service is open to
city governments, as well as to the general public. Message content and decisions on
message suitability will be governed by Channel Objectives and Programming
Regulations.
Alternatively, CSPAN 2 may be carried.
F. Satellite Reception. Programming suitable for re-transmission may be obtained
through satellite reception. Programs to be re-transmitted shall meet all requirements of
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these regulations for suitability that apply to locally produced programming. Satellite
receptions may be videotaped for later broadcast or for use by city departments in
training programs. In all cases, Channel 3 shall observe all applicable rules concerning
copyrights.
VI. CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA member cities and
departments, providing the proposed programming is consistent with the policies of the
member city.
Recognizing that not all of the PCTA cities may be able to produce sufficient volume
of programming to warrant segmentation of distribution,the Channel Manager will make
every reasonable effort to integrate the programming of the member cities into a
schedule which will result in the maximum opportunity for viewership in each of the
member cities. If two or more events are scheduled for the same time, and each are of
such a nature that each must appear at the same time on the same channel, the Channel
Manager shall arrange with the cable franchisee for segmented distribution, each
program then appearing at the same time in the appropriate city or cities.
VIL ACCESS PROCEDURES
HBTV-3 is a Government Access Channel, as outlined in the Federal Cable
Communications Act of 1984, open to the various government entities for the
dissemination of government-related information to the viewing public. Access to the
channel may range from submitting a public service announcement for the Alpha-
Numeric service, to putting in a request for event coverage,to working side-by-side with
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Channel 3 to produce a program or program series. In each case,proper procedures
must be followed before access will be provided.
A. Alpha-Numeric Pr ores.
1. All city departments, agencies and organizations may submit public service
messages to be displayed in alpha-numeric form on Cable Channel 3 during non-
programming hours. All messages must be submitted in writing, and must be submitted
at least three working days prior to the requested start date. Mail or bring messages to
the Public Information Office. No announcements will be taken over the phone, except
in the case of an emergency.
2. Messages submitted by a city department must be approved by the
appropriate department head.
3. The Channel 3 staff places messages on a"character generator"which appear
on the TV screen as either a"page"at a time or a scroll. Messages should be concise,
and should contain basic information concerning what,when, where,how, and how
much. If necessary,the Video Unit will edit the message to improve readability,to make
it fit on one screen page, or to insure message is grammatically correct.
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4. All submitted messages must be accompanied by:
(a) The name of the submitting agency
(b) The name of a contact person
(c) A phone number where that person may be reached, and whether or not
that information is to appear in the message. Submissions should include desired start
and end dates.
5. No classified ads, commercial messages or commercial solicitations of funds
will be allowed on Cable Channel 3.
6. Receipt of a public service message does not in any way guarantee its
appearance on Cable Charnel 3. Suitability for this channel and compliance with city
policies will be determined by the Channel Manager. The date of input and the length of
run of any message will be determined by staff availability and channel capacity.
7. Every attempt will be made to input all messages received by the Video Unit.
In the case that channel capacity is full,messages will be carried a maximum of three
days each, and on a first-come, first-served basis,with the following priorities:
(a) Emergency and public service notification messages, originated by Police,
Fire or Emergency Services as approved by management;
(b) Announcements ordered by the City Council;
(c) Announcements ordered by the City Administrator;
` (d) Announcements submitted by City Department Heads;
(e) Announcements submitted by the general public.
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B. Event Coverage Procedures.
1. All requests for coverage of an event by the Video Unit, shad be in writing
and must be submitted to the Channel Manager.
2. The applicant will be required to provide the name, date, location and
purpose of the event. Also required will be details regarding what the taping crew will
need to know in advance about the location, activity,crowd,etc., and whether or not the
event will further the channel objectives.
3. It is the responsibility of the applicant to obtain all on-site approvals and off-
site permissions for taping. This includes permission from property or business owners,
performers, event coordinators, etc. Approvals should all be obtained prior to sending a
written request to the Channel Manager. The Channel Manager may ask for proof of
approvals prior to considering the request, and will require applicant to sign a statement
that all necessary clearances have been secured.
4. It will be the applicant's responsibility to pay all costs incurred by the
production, including, but not limited to, all admittance fees, artwork and graphics,union
or other professional association fees, clearance fees,royalties and permission fees.
5. A written Production Request is to be submitted a minimum of thirty(30)
working days prior to the scheduled event. It shall provide:
(a) A statement of how the proposed program services the public interest.
(b) A written statement explaining why the proposed program should be
produced either by, or in cooperation with, the Cable Channel 3.
(c) A narrative description of the proposed program and the audience the
program is designed to reach.
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(d) The anticipated number of programs to be produced and the length and
type of each program, (i.e., will it be a studio shoot? Remote shoot? Half-hour or one
hour?)
(e) Explanation of the production cost for each program. If possible, a
detailed breakdown of cost(e.g. facility cost; equipment cost; staff cost, editing cost;
etc.).
(f) A list of underwriters and the dollars the applicant expects each will
contribute toward the program's production and distribution.
(g) Identification of the on-air talent, or the method to be used to find the
on-air talent to be used on the program(s).
6. A request originating from any city department must be approved by the
appropriate department head.
7. The Channel Manager will consider each request based on.
(a) Does the proposed television program further the City's efforts to inform
the public about city-sponsored services or programs?
(b) Is the proposed television program directly or indirectly linked to a
government sponsored program or service?
(c) Are there sufficient funds identified to cover HBTV-3 production costs
and are those funds available?
(d) Does the program serve a City Council stated:goal or objective?
(e) Does the proposed television program further open and responsible
government?
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r
(f) Does the proposed television program conflict or enhance an existing
HBTV-3 program?
8. Receipt of a written Request does not in any way guarantee approval of
applicant's request.
9. Completed programs and all work footage shall be the sole property of the
City of Huntington Beach. Copies of completed programs may be purchased on 1/2-inch
or 3/4-inch videotape at a purchase price to be set by resolution of the City Council.
10. It is the policy of the Vide Unit to retain completed programs for up to a
maximum of six months. During that period, tapes may be retained, or erased, at the
discretion of the Channel Manager. Work footage will be erased immediately upon the
completion of the program, and will not be available to anyone for any purpose.
C. Equipmen Usan Pry res-
1. Video equipment and facilities may be used in studio,or in the Council
Chambers,by trained members of city departments and agencies with the approval of the
Channel Manager.
2. Equipment will be available on a first-come,first-served basis during regular
business hours only.
3. To request use of the Channel 3 facilities, approved users must submit a
written request,no less than-twenty(20)working days prior to the request date. The
applicant will be required to state the date and time the facilities are requested, list the
equipment required, and describe the event or the program to be taped.
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4. While HBTV 3 may choose at various times to conduct video training
sessions for the benefit of city staff members, they will in no way be obligated to conduct
any other such sessions except by direction of the City Administrator.
5. Right of usage by any authorized person or agency will be limited to
equipment and facilities provided. HBTV-3 is not obligated to allow city equipment or
facilities to be interfaced with any other equipment or facilities. Any user tampering
with, adjusting or altering any city equipment or facilities may be subject to immediate
forfeiture of their right to use said equipment or facilities.
6. Use of equipment for personal,commercial or any other non government
related purposes will not be allowed.
7. Applicants will not be authorized to tape an event or program already being
covered by Channel 3.
8. Approval of all equipment requests is subject to equipment availability.
Emergencies, unforeseen complications, equipment failure, and official city business may
necessitate cancellation of equipment usage rights at any time.
9. Completed programs will be screened for compliance with channel objectives
and city policies, and for technical quality. Use of equipment and facilities to produce a
program will not guarantee the program producer on Cable Channel 3. The program
may be accepted as presented,turned down completely, or given conditional approval.
In the case of conditional approval,the program producer may make specified changes in
order to bring the program into compliance, or may withdraw the program from
consideration altogether.
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14. The Public Information Office Channel 3 employees may make video copies
of non-copyright materials for use of city department or for general public relations use.
Copies shall not be made of copyright materials without permission of the copyright
holder and it shall be the responsibility of the requesting department to obtain such
permissions. In the absence of written permission,the Public Information Officer shall
presume that no permission has been granted.
11. Vide tape considered obscene shall not be brought into City Hall, nor into
the Video Unit, any video control room, or be present at any time in the possession of a
member of the Video Unit or video volunteer on any shoot, either in the field or inside
any municipal building.
D. Pre-Produced Programs,
1. Airtime on HBTV-3 may be requested for a pre-produced program or series,
providing the program is suitable for airing on the channel.
2. To submit a program for consideration,a written request to the Station
Manager describing program title,topic, format, and running time is required with a Beta
SP 1 videotape of the program.
3. The program will be screened for Channel 3 suitability, compliance with
Channel Objectives and City Policies and for technical quality. The program may be
accepted or rejected, in whole or in part, by the Channel Manager based on any or all of
the qualifying criteria.
4. If accepted, the Channel Manager will determine when and how often the
program will appear in the Cable Channel 3 schedule, but will schedule the program no
more often than specified by the program presenter.
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5. It is the responsibility of the applicant to obtain all copyrights and all
clearances to all portions of the submitted program including,but not limited to,video,
performance, music, song, theatrical and film rights. The Channel Manager may require
applicant to sign a statement that all approvals have been secured.
E. Length of Program
1. Programs scheduled in half hour time slots must not exceed 28 minutes.
2. Programs scheduled in hour time slots must not exceed 58 minutes.
3. Programs exceeding 58 minutes will be scheduled according to available
HBTV-3 Channel air time.
4. Channel 3 reserve the right to acknowledge sponsors at any time during
cablecasts of any access programming.
F. Emergency Procedures.
1. Emergency programming is to be originated and authorized only by
Administration,Police,Fire,Public Works or emergency service personnel. Under no
circumstances will access to Cable Channel 3 for emergency communications be granted
to anyone who does not have the proper authority to initiate emergency procedures.
G. Li t Coverage of City Functions.
1. The Video Unit currently carries live coverage of the City of Huntington
Beach City Council meetings and Planning Commission meetings. While such coverage
is taking place, no other video production crew will be allowed in the meeting locale
(except for production of film or videotape for news purposes by recognized broadcast
agencies)without special permission from the Channel Manager or the City
Administrator.
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2. Live coverage of any other city meetings in any of the other PCTA cities will
require permission from the affected city and may require payment of expenses of
production, in produced by the Huntington Beach Video Unit.
3. In the event that a production unit other than Channel 3 obtains the authority
and the capacity to produce live coverage of city meetings, airtime on HBTV-3 must be
arranged. The Channel Manager and the Video Unit will make every effort to cooperate
with any production unit that has obtained the proper clearances and has the physical
capacity to produce broadcast quality live coverage of other PCTA city meetings.
4. Unless otherwise authorized by the affected city, meeting coverage can be
achieved by a standardization of taping procedures.
5. The highest quality of responsible meeting coverage can be achieved by a
standardization of taping procedures.
(a) Presentation by the public,visuals,overheads, performances, etc., should
be assigned to one location,which is to be equipped with proper lighting,microphones,
camera angles,etc.
(b) Coverage of the meeting's proceedings should be objective, with camera
shots limited to straight on head-and-shoulders shots of speakers, and cover shots of
meeting participants. Directors should avoid subjective close-ups,unique angles, harsh
or tinted lighting, and camera shots that portray anyone in a particularly negative or
unfavorable manner.
6. Tapes from the City of Huntington Beach City Council and Planning
Commission meetings, if such meetings are taped, may be retained for a minimum of six
(6) months. Any requests for retention beyond the six months should be made in writing
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to the City Clerk. These tapes may be viewed by appointment at the office of City Clerk
during normal business hours. Copies of these tapes may be purchased from the City
Clerk on 1/2-inch or 3/4-inch tape at a purchase price to be set by resolution of the City
Council.
H. Grievance Procedures.
Any person wishing to protest decisions made by the Channel Manager(e.g.,
playback and production scheduling, refusal to carry a program due to content or length,
or any conflict arising as to these Policies)may file an appeal and request a hearing
before the Cable TV Council Committee.
1:. A eal Procedures.
pp
I. Any applicant wishing to file an appeal must submit a detailed report
regarding the complaint to the Channel Manager. Such appeal shall be filed within ten
(10)days after the disputed action. At the time of the appeal hearing, the Cable TV
Council Committee shall hear all relevant evidence, shall determine the merits of the
appeal, and render a written decision within seven(7)days after the hearing.
2. Should a person wish to appeal the Committee's decision, he shall file the
original appeal and the decision of the Cable TV Council Committee with the City Clerk.
Such appeal shall be filed within ten(10)days after receipt of the Committee's decision.
The City Council shall hear the appeal. At the time of the appeal hearing, the City
Council shall hear all relevant evidence, shall determine the merits of the appeal, and
render a written decision within fourteen(14)days after the hearing.
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i � 1
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- HUNTINGTON BEACH
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1. I would like to thank the City Council for the Opportunity to meet in
study session with you. This evening I would like to make a few opening
comments about channel 3; where we are at today, and to mention some '
opportunities for the future. Staff would welcome any comments about
channel 3 operations or suggestion from Council Members at this study
session. In your packet we have included the City Council adopted
operating policies and procedures for channel 3 as a reference document.
2. When we discuss Channel 3 we need to realize that Channel 3 is an
important part of the city's Public Awareness program. That program
is outlined in a diagram in your packet.
3. Channel 3 is one of several Governmental Access Television stations
in Orange County. Other communities with Government Access
Television stations are Brea, Garden Grove, Costa Mesa and more
recently Westminister. I believe it fair to say that we are looked upon by
our peers as a progressive Government Access Television operation. Of
• the 77,332 households in the community there is cable access to
approximately 49,147 homes or 63.3% . We are also seen in Fountain
Valley, Stanton and to a lesser degree in Westminister. This adds an
additional 27,828 households to our potential viewing audience. Total
homes reached within our viewing area is 76, 975.
Channel 3 Produces annually approximately 407 hours of City Council
and Planning Commission Meetings, 850 hours of original programming,
200 hours of Department Video productions and 250 hours of Public
Service Announcements.
4. Channel 3 has an annual operating budget of$403,000. Since 1994/95
Channel 3 has generated an average annual income of approximately
$50,000. The effort to generate income was at the request and support of
the Council Cable Committee. Prior to that time Channel 3 generated
little income. Channel 3 has a staff of three talented permanent
employees, a pool of part time camera operators, and a small pool of
dedicated on air talent volunteers.
•
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• 5. The City Council Cable Committee was established in October 1993
and has worked with staff in the development of its Underwriting
Program, and provided the leadership which resulted in the City Council
incorporating an appeals procedure into Channel 3's Operating Policy.
The Cable Committee has also worked with staff to increase the
"entertainment value" of the programming found on channel 3. It is a
goal of channel 3 to serve the community through programs that meets
the residents interests, necessities, and convenience's. It is important to
try new types of programming and to experiment. As you know this
implies opportunities for success as well as for failure. We want local
residents to watch with the intent of finding the programming presented
on channel 3 informative about their local government services and
programs.
The primary goals of Channel 3 is to provide information about local
government programs and services to our viewers. In pursuit of this
goal the Cable Committee has requested staff to develop a cost allocation
plan that identifies the programs channel 3 budget will be directly
supporting with its 1997/98 & 98/99 budget allocation. This cost
allocation plan will be prepared in consultation with City Department
Directors to insure that channel 3 is providing programming that
disseminates information about city services and programs to our
viewing audience.
6. Areas the staff is currently working on or looking into included the
following. Staff would welcome City Council discussion or comments in
any of the following areas:
- Staff is currently exploring ways the city can partner with
Goldenwest College and KOCE-TV in the area of Television
Productions.
- Staff is exploring ways the city can positioning the itself to take
advantage of Changes in telephone, computer, & video
technologies as it relates to television production. Staff is
exploring the opportunity to place channel 3 programming on the
internet within a two year time frame.
•
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- As competition enters the market place in the area of cable
television, opportunities will develop to increase the distribution
of city produced programming. Examples of this can be seen in
a current effort to establish a process for having locally
produced government programs available to wireless providers
of television services that provide service at a regional level.
- Staff would like to receive City Council authorization to actively
promote the rental of Channel 3's remote truck and channel 3
studio's and control room during those times when they are not
being used for Channel 3 production, as a means of generating
additional revenues for the station. Rental of these facilities has
the potential of bringing in several thousand dollars in new
revenue.
- Staff would like to receive direction from the City Council to
explore with the Cable Committee the pro's and con's of selling
area time on Channel 3 as a means of raising revenue for the
local station. Current City Council Policy prohibits us from
doing this.
This concludes some general remarks I wanted to bring to the attention
of the City Council with the hope that these comments may generate
discussion between staff and the City Council. At this time I would ask
the Council if there are any questions or comments regarding Channel 3.
•
3
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS POLICY
1996
PUBLIC INFORMATION OFFICE
(714)536-5511
(CHANNEL 3 POLICY ADOPTED BY CITY COUNCIL ON SEPTEMBER 17, 1990
AMENDED BY CITY COUNCIL ON APRIL 1, 1996)
SF:G:96Misc:HBTVfinal G
RLS 95-767 4/4/96
i r
PREAMBLE
Cable television presents a unique opportunity for local government.
To have access to the home television set to inform city residents of the workings of
government and about life in the community. Cable television can be a meeting place for
ideas,a means to show to people how their community works,about community heahh,
recreation and other services available to all, and about those available to the few.
The primary focus of Cable Channel 3 will be to enhance the City's ability to inform
and educate the public regarding City programs and activities, and to address
Community issues and reduce public divisiveness and controversy. Such prograanting
may include City Council and Planning Commission meetings, as well as public works
and street work,neighborhood watch,and emergency preparedness programs. In
addition, Channel 3 will serve the community by offering noncommercial educational,
informational and entertainment programming to the cable subscriber, such as high
school athletics and local musical and theatrical performing art events.
NOTE
This regulation applies primarily to cable television operations by the City of
Huntington Beach and anticipates that cable television distribution to other cities of the
Public Cable Television Authority may be segmented in the future or other channels
assigned to individual cities. However,this regulation provides for inclusion of
programming by and for other of the PCTA cities at no cost to Huntington Beach, if
such prong is available,or if it can be produced with reasonable expenses borne
by the requesting PCTA city.
The Video Unit operates as a branch of the Huntington Beach Public Information
Office at 2000 Main Street,Huntington Beach, California 92648,(714)536-5511. The
Deputy City Administrator in charge of the Public Information Officef acts as Channel
Manager of Cable TV 3,bearing all responsibility for all aspects of the channel and
Video Unit operation.
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BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels set aside in the original
cable television franchise grained by the Public Cable Television Authority to the
predecessor of Tunes Warner Company,reserved for use by the local municipalities and
their organizations. The four channels,as outlined in the franchise,were to be assigned
and programmed as follows:
1 Channel-PCTA-Community Oriented Programming
1 Channel-Education-City Educational Districts
1 Channel-Area Government-Municipal and Government Services,
Police,Fire,Public Works,Recreation, etc.
1 Channel-Spare .
Through the years,these channels have been reassigned somewhat, as appropriate
agencies stepped forward with the desire and facilities to make use of these channels.
When the original franchise was granted,the PCTA intended to become involved in
programming. Since then the PCTA has determined that it would not enter into
programming. In addition,Federal laws now provide for public access to members of
the community through the PEG channels outlined in the Cable Communications Act of
1994.
Coastline Community College now programs one channel with accredited
telecourses. Another channel has been dedicated to carriage of C-SPAN, a national
satellite program service that delivers live coverage of the U.S.House of
Representatives, and other public affairs programming 24 hours a day. And Cable
Channel 3 is the government access channel designated for use by the four PCTA
municipalities-Huntington Beach,Fountain Valley,Westminster and Stanton, for
dissemination of municipal government programming.
The first government access programming on this channel was live City Council
meetings produced by the cable company staff in 1992. In 1983,Huntington Beach took
over transmitting live coverage of City Council meetings. Since then, the Video Unit has
grown in both size and scope of responsibility. The facilities now include full multi-
camera switching capabilities, a staff of fill and part-time production crew members,
portable production and editing facilities, and in- tudio production of programs geared
toward the general public and regular-coverage of city-sponsored events.
In 1990,the City Council adopted its first set of Administrative Regulations for the
operation of Huntington Beach Cable Channel 3. Since that time,the evolution of Cable
Channel 3 has precipitated the need for amended operational policies. The following
amended Administrative Regulations, approved by the Huntington Beach City Council,
will continue to serve as the official operating rules of Huntington Beach Cable Channel
3.
3
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•
REGULATIONS GOVERNING USE OF THE
GO ACCESS CHANNEL
I. PURPOSE AND OBJECTIVES
A. EmMse, The purpose of these regulations is to provide for the use
of the Government Channel, Cable Channel 3, and to describe its use by the City of
Huntington Beach. HBTV-3 is a government channel as provided for in the Cable
Communications Policy Act of 1994,as amended. This Federal legislation establishes
government channels, educational channels and public channels for use by each of these
broad groups.
HBTV-3 is a government channel and is not required by law to offer access to other
than the government. However,as a matter of fairness,HBTV 3 does offer
opportunities for other opinions to be heard within the rules of HBTV-3.
B. OBJECTIVES. The objectives for use of Cable Channel 3 are as
follows:
1. To provide live coverage of all City Council and Planning
Commission meetings,and other Boards,Commissions and Committees, as appropriate.
2. To increase the knowledge of the citizenry of the functions and
responsibilities of municipal government, and the functions of the various departments
and commissions.
3. To serve as the official information center in the case of a local
emergency situation; (e.g., flood, fire, and crime).
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4. To supplement the public safety awareness efforts of the local
Police and Fire Departments.
S. To assist in the in-house training of various city department
employees
6. To cover City-sponsored special events.
7. To serve as an on-going source of information for the citizens of
the City of Huntington Beach.
a. To work toward becoming financially self-sufficient.
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II. CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information Office of the City
of Huntington Beach. Programming activities and program schedules for the channel are
the responsibility of the Deputy City Administrator acting m the capacity of Channel
Manager. The costs associated with the City's involvement in Cable Channel 3 will be
paid for with the franchise fees received from the cable franchise as provided for in the
Franchise Agreement,from underwriting revenues, and from general funds of the City
departments for services provided,in accordance with PCTA policies, and City of
Huntington Beach policies.
Channel 3 may solicit and accept grants for operations or production of particular
types of programming.
III. POLITICAL PROGRA]NIlVIIhTG
A. Cable Channel 3 will provide information to the citizens of the PCTA cable
service area concerning the functions, activities,programs and issues of the City. The
channel is not intended to be used as an exclusive political forum by an individual or
group, nor as a mechanism for building exclusive support for a particular person,
program or issue. Use of the channel by a politically-oriented individual or group shall
be governed by the operating procedures as set forth herein, and by the rules of the
Federal Communications Commission(FCC)as they may apply to operations of Cable
Channel 3.
B. The variety of opinions and of programming on the government access channel
will preclude agreement by the City Council members, administration and city staff with
all opinions which may be broadcast on the channel;therefore, the Channel Manager will
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• 0
cause a statement to be included at the conclusion of each program to the effect that the
opinions expressed on the channel do not necessarily reflect those of the official city
staff,administration or the City Council.
C. Declared candidates for any elective public office and persons advocating any
cause,viewpoint or policy, proposed or otherwise,will not be eligible to appear on
HBTV-3, except in a program or series where the format allows for all candidates or
sides of an issue to be heard on an equal basis and within the same format.
A person is deemed to be a candidate for public office from the time that person
takes out nomination papers for public office. However, candidates for public office may
appear on HBTV 3 on a bona fide news program;a news documentary,if the
appearance of the candidate is incidental to presentation of the subject matter,or in
coverage of official city meetings such as City Council or boards or commissions.
D. Cable Channel 3 and the Channel Manager will make every effort to ensure that
any appearance, except as authorized in Section C,by any qualified political candidate on
HBTV-3 will abide by these restrictions, and will tailor such appearances so as to
minimize the fact of their candidacy.
Decisions on allowable program formats and appearances by qualified political
candidates will be made by the Channel Manager. Should an appearance by a qualified
political candidate be determined to fall outside of the categories of exempt
programming mentioned above,then HBTV-3 will afford equal opportunities to all other
candidates for that office.
A candidate requesting such equal opportunities of HBTV-3 shall have the
burden of proving that he or she and the opponent are legally qualified candidates for the
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same office. A request for equal opportunity for use of HBTV-3 must be submitted to
the Channel Manager within one week of the day on which the first prior use, giving rise
to the right to equal time, occurred,provided that such candidate or spokesperson was
not already offered an opportunity to appear on HBTV 3 on an equal basis with all other
candidates or spokesperson for this office or issue.
When scheduling for equal time programming,the Channel Manager will do his
best to provide the opponent(s)airtime on a similar day, at a similar time, and under
similar conditions as the prior cablecast, and within as efficient and effective time period
as possible,but with no guarantee of being able to match cablecast conditions exactly.
All decisions on equal time program schedules will be made by the Channel Manager and
shall be final.
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IV.PROGRAMNUNG RESTRICTIONS
The Channel Manager shall program HBTV-3 consistent with the content restrictions
imposed-by the Federal Communications Commission(FCC)Regulations,by prevailing
community standards and good taste, and by applicable Federal, state and local laws. In
particular,the Channel Manager will not cablecast,or allow to be cablecast, any
programming containing the following:
A. Obscene or indecent material.
1. The Channel Manager may reject the program if it is legally obscene. The
U.S. Supreme Court held in Miller v California that for a work to be obscene,the
following three elements must be present:
(a) The average person,applying contemporary community standards,
would find that the work,taken as a whole, appeals to the prurient interest;
(b) The work depicts or describes, in a patently offensive way, sexual
conduct; and
(c) The work,taken as a whole, lacks serious literary,artistic,political or
scientific value.
2. In the case of programs deemed to be worthy or of social or artistic value,but
also containing some program content or language that may be considered indecent
offensive to some viewers,the following message may be run prior to the program, and
during any natural program break:
"The following program has been deemed worthy of cablecast on Cable
Channel 3, but contains language or other program content that may be offensive to
some viewers. Viewer discretion and parental guidance are advised."
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"The following program has been deemed worthy of cablecast on Cable
Channel 3,but contains language or other program content that may be offensive to
some viewers. Viewer discretion and parental guidance are advised."
3. In addition,the Manager will schedule indecent programs, and those with a
mature theme after Prime Tune so that unsupervised children will not be exposed to
them.
B. Information or advertising concerning an illegal lottery. (Violation of this rule
may subject the user to criminal liability under Federal Law,Title IS,U.S. Code, Section
1304,FCC-76.213.)
C. Paid advertising material.
1. Paid advertising material includes,but is not limited to,the following:
(a) Advertising by or on behalf of a candidate for public office.
(b) Programs which solicit, directly or indirectly,money or other
consideration in exchange for goods, services or consideration of any kind,or
(c) Programs which solicit money or other assets,without consideration in
exchange.
2. Notwithstanding the above, direct appeal for donations for specific city
sponsored programs may be made on Channel 3 through the use of telethons which are:
(a) Authorized by a vote of the City Council;
(b) Directly sponsored by a City Department;or
(c) Directly benefits a City sponsored activity.
2. Acknowledgment of grants for programming purposes shall not be considered
as advertising.
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D. Copyrighted material. Copyrighted material shall not be cablecast,unless
clearances for use have been obtained, and written proof of such clearance can be
presented.
R Illegal pn rah, mmin8• Any Prong-which is prohibited by applicable
Federal, state or local laws.
F. Defamation. Programs shall be considered defamatory and therefore prohibited if
they include false statements about individuals or groups and the producer either knows
them to be false, or produces them with reckless disregard for the truth.
G. Fraud. All material which is intended to defraud the viewer or designed to obtain
money by false or fraudulent promises or representations. Violation of this rule may
subject the user to criminal liability under Federal Law Title I&,U.S. Code, Section
1304.)
R Union Residuals. Production or programming requiring union residuals or other
payments including,but not limited to talent and crew,will not be aired unless those
payments have been previously paid in total or waived and evidence is provided to the
Channel Manager.
The Channel Manager reserves the right to review all programs, proposed and
completed,to determine compliance with these Programming Regulations and Channel
Objectives. Any program under consideration may be accepted as presented, may be
turned down completely, or may be given conditional approval. In the case of
conditional approval, a program may be deemed appropriate and worthy, except for
stated objectionable or offensive program portions,which will be listed as needing
revision or deletion from the program. The producer of the program will then have the
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option of making all specified changes or withdrawing the program from consideration
altogether.
x x
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V. PROGRAM TYPES
Programming viewed on HBTV 3 will fall into one of the following programming
categories, listed by scheduling priority.
A. Emergency. May consist of live,taped or Alpha Numeric programming, shown
at any time, as emergency dictates. The purpose of this programming will be to inform
residents of emergency situations, and to instruct viewers in evacuation, detour,
notification and escape procedures. In the case of an emergency,regularly scheduled
programming may be interrupted or canceled. The content and scheduling of any
emergency programming must be approved by the City Emergency Operations Manager
or his designee.
B. Live Programs. Live coverage of City Council and Planning Commission
meetings currently takes place on a bi-weekly basis, or more often,in the City of
Huntington Beach. Meetings are carried gavel-to-gavel without editing or editorial
comment unless the body asks that a lesser portion be televised. Other live programming
may include events coverage, such as the 4th of July Parade,Public Works Open House,
Police Appreciation Day, or authorized telethons.
C. Locally Produced Programs and Series. Most programs and series will be
produced by in-house staff for Cable Channel 3 and will be directly related to city issues
or government-sponsored programs, or will be of a general information nature, such as
health, cultural or lifestyle programming.
R
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D. Outside Programming.
1. Programming by any other governmental group,individual or entity not an
official branch of the City of Hnutington Beach, or a member of the PCTA,may be
allowed if the event or program to be taped is co-sponsored by the City of Huntington
Beach, or special permission is obtained from the Channel Manager.
2. Recognizing that the operations of HBTV-3 are fimded by the cable television
customers of the cable company in Huntington Beach,the City of Huntington Beach may
require payment of all expenses of programming by other governmental agencies,
including PCTA members,should HBTV 3,the Public Information Office Video Unit,
be asked to produce programming for the other governmental agency.
3. Pre-produced programming may be submitted for carriage on Cable
Channel 3. Such programming will be screened for suitability and compliance with
Channel Objectives and Programming Regulations, and may be approved by the Channel
Manager for scheduling on Cable Channel 3.
E. Alpha Numeric/C PAN. A bulletin board style service used to display city-
related messages to the public,this mode of programming may be used as filler,when no
other video programming is scheduled on HBTV-3. Access to this service is open to
city governments, as well as to the general public. Message content and decisions on
message suitability will be governed by Channel Objectives and Programming
Regulations.
Alternatively,CSPAN 2 may be carried.
F. Satellite Reception. Programming suitable for re-transmission may be obtained
through satellite reception. Programs to be re-transmitted shall meet all requirements of
C
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• •
these regulations for suitability that apply to locally Produced Programming. Satellite
receptions may be videotaped for later broadcast or for use by city departments in
Mining programs. In all cases,Channel 3 shall observe all applicable rules concerning
copyrights.
VI. CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA member cities and
departrments, providing the proposed programming is consistent with the policies of the
member city.
Recognizing that not all of the PCTA cities may be able to produce sufficient volume
of programming to warrant segmentation of distribution,the Channel Manager will make
every reasonable effort to integrate the programming of the member cities into a
schedule which will result in the maximum opportunity for viewership in each of the
member cities. If two or more events are scheduled for the same time, and each are of
such a nature that each must appear at the same time on the same channel,the Channel
Manager shall arrange with the cable franchisee for segmented distribution, each
program then appearing at the same time in the appropriate city or cities.
VII. ACCESS PROCEDURES
HBTV-3 is a Government Access Channel, as outlined in the Federal Cable
Communications Act of 1984, open to the various government entities for the
dissemination of government-related information to the viewing public. Access to the
channel may range from submitting a public service announcement for the Alpha-
Numeric service,to putting in a request for event coverage,to working side-by-side with
F
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Channel 3 to produce a program or program series. In each case,proper procedures
must be followed before access will be provided.
A. AWba-Numeric Procedures.
1. All city departments,agencies and organizations may submit public service
messages to be displayed in alpha-numeric form on Cable Channel 3 during non-
programming hours. All messages must be submitted in writing, and must be submitted
at least three workingdays prior to the requested start date. Mad or brie messages to
Ys P �N g g
the Public Information Office. No announcements will be taken over the phone, except
in the case of an emergency.
2. Messages submitted by a city department must be approved by the
appropriate department head.
3. The Channel 3 staff places messages on a"character generator"which appear
on the TV screen as either a"page"at a time or a scroll. Messages should be concise,
and should contain basic information concerning what,when,where, how, and how
much. If necessary,the Video Unit will edit the message to improve readability,to make
it fit on one screen page,or to insure message is grammatically correct.
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4. All submitted messages must be accompanied by:
(a) The name of the submitting agency
(b) The name of a contact person
(c) A phone number where that person may be reached, and whether or not
that information is to appear in the message. Submissions should include desired start
and end dates.
5. No classified ads, commercial messages or commercial solicitations of funds
will be allowed on Cable Channel 3.
6. Receipt of a public service message does not in any way guarantee its
appearance on Cable Channel 3. Suitability for this channel and compliance with city
policies will be determined by the Channel Manager. The date of input and the length of
run of any message will be determined by staff availability and channel capacity.
7. Every attempt will be made to input all messages received by the Video Unit.
In the case that channel capacity is fiill,messages will be carried a maximum of three
days each, and on a first-come,first-served basis,with the following priorities:
(a) Emergency and public service notification messages, originated by Police,
Fire or Emergency Services as approved by management;
(b) Announcements ordered by the City Council;
(c) Announcements ordered by the City Administrator,
` (d) Announcements submitted by City Department Heads;
(e) Announcements submitted by the general public.
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B. Event Coveratte Procedures.
1. All requests for coverage of an event by the Video Unit, shall be in writing
and must be submitted to the Channel Manager.
2. The applicant will be required to provide the name, date,location and
purpose of the event. Also required will be details regarding what the taping crew will
need to know in advance about the location, activity,crowd, etc., and whether or not the
event will further the channel objectives.
3. It is the responsibility of the applicant to obtain all on-site approvals and off-
site permissions for taping. This includes permission from property or business owners,
performers, event coordinators, etc. Approvals should all be obtained prior to sending a
written request to the Channel Manager. The Channel Manager may ask for proof of
approvals prior to considering the request, and will require applicant to sign a statement
that all necessary clearances have been secured.
4. It will be the applicant's responsibility to pay all costs incurred by the
production, including,but not limited to, all admittance fees, artwork and graphics, union
or other professional association fees, clearance fees, royalties and permission fees.
5. A written Production Request is to be submitted a minimum of thirty(30)
working days prior to the scheduled event. It shall provide:
(a) A statement of how the proposed program services the public interest.
(b) A written statement explaining why the proposed program should be
produced either by, or in cooperation with, the Cable Channel 3.
(c) A narrative description of the proposed program and the audience the
program is designed to reach. {
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(d) The anticipated number of programs to be produced and the length and
type of each program, (i.e.,will it be a studio shoot? Remote shoot? Half-hour or one
hour?)
(e) Explanation of the production cost for each program. If possible, a
detailed breakdown of cost(e.g. facility cost;equipment cost;staff cost, editing cost;
etc.).
(f) A list of underwriters and the dollars the applicant expects each will
contribute toward the program's production and distribution.
(g) Identification of the on-air talent, or the method to be used to find the
on-air talent to be used on the program(s).
6. A request originating from any city department must be approved by the
appropriate department head
7. The Channel Manager will consider each request based on:
(a) Does the proposed television program frther the City's efforts to inform
the public about city-sponsored services or programs?
(b) Is the proposed television program directly or indirectly linked to a
government sponsored program or service?
(c) Are there sufficient funds identified to cover HBTV-3 production costs
and are those funds available?
(d) Does the program serve a City Council stated goal or objective?
(e) Does the proposed television program further open and responsible
government?
c a
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(f) Does the proposed television program conflict or enhance an existing
HBTV-3 program?
S. Receipt of a written Request does not in any way guarantee;approval of
applicant's request.
9. Completed programs and all work footage shall be the sole property of the
City of Huntington Beach Copies of completed programs may be purchased on 1/2-inch
or 3/4-inch videotape at a purchase price to be set by resolution of the City Council.
10. It is the policy of the Video Unit to retain completed programs for up to a
maximaim of six months. During that period,tapes may be retained, or erased, at the
discretion of the Channel Manager. Work footage will be erased immediately upon the
completion of the program,and will not be available to anyone for any purpose.
C. Equipment Usage Procedures.
1. Video equipment and facilities may be used in studio,or in the Council
Chambers, by trained members of city departments and agencies with the approval of the
Channel Manager.
2. Equipment will be available on a first-come,first-served basis during regular
business hours only.
3. To request use of the Channel 3 facilities, approved users must submit a
written request, no less than-twenty(20)working days prior to the request date. The
applicant will be required to state the date and time the facilities are requested, list the
equipment required, and describe the event or the program to be taped.
A .
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4. While HBTV-3 may choose at various times to conduct video training
sessions for the benefit of city staff members,they will in no way be obligated to conduct
any other such sessions except by direction of the City Administrator.
5. Right of usage by any authorized person or agency will be limited to
equipment and facilities provided. HBTV-3 is not obligated to allow city equipment or
facilities to be interfaced with any other equipment or facilities. Any user tampering
with,adjusting or altering any city equipment or facilities may be subject to immediate
forfeiture of their right to use said equipment or facilities.
6. Use of equipment for personal, commercial or any other non-government
related purposes will not be allowed.
7. Applicants will not be authorized to tape an event or program already being
covered by Channel 3.
8. Approval of all equipment requests is subject to equipment availability.
Emergencies,unforeseen complications, equipment failure, and official city business may
necessitate cancellation of equipment usage rights at any time.
9. Completed programs will be screened for compliance with channel objectives
and city policies, and for technical quality. Use of equipment and facilities to produce a
program will not guarantee the program producer on Cable Channel 3. The program
may be accepted as presented,turned down completely, or given conditional approval.
In the case of conditional approval,the program producer may make specified changes in
order to bring the program into compliance, or may withdraw the program from
consideration altogether.
f E S
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10. The Public Information Office Channel 3 employees may make video copies
of non-copyright materials for use of city department or for general public relations use.
Copies shall not be made of copyright materials without permission of the copyright
holder and it shall be the responsibility of the requesting department to obtain such
permissions. In the absence of written permission,the Public Information Officer shall
presume that no permission has been granted.
11. Video tape considered obscene shall not be brought into City Hall,nor into
the Video Unit,any video control room,or be present at any time in the possession of a
member of the Video Unit or video volunteer on any shoot, either in the field or inside
any municipal building.
D. Pre-Produced Progmm
1. Airtime on HBTV-3 may be requested for a pre-produced program or series,
providing the program is suitable for airing on the channel.
2. To submit a program for consideration, a written request to the Station
Manager describing program title,topic,format, and running time is required with a Beta
SP 1 videotape of the program.
3. The program will be screened for Channel 3 suitability, compliance with
Channel Objectives and City Policies and for technical quality. The program may be
accepted or rejected, in whole or in part,by the Channel Manager based on any or all of
the qualifying criteria.
4. If accepted, the Channel Manager will determine when and how often the
program will appear in the Cable Channel 3 schedule, but will schedule the program no
' more often than specified by the program presenter. `
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• i
S. It is the responsibility of the applicant to obtain all copyrights and all
clearances to all portions of the submitted program including,but not limited to,video,
performance,music, song,theatrical and film rights. The Channel Manager may require
applicant to sign a statement that all approvals have been secured
E. Lengtth of Programs
1. Programs scheduled in half hour time slots must not exceed 28 minutes.
2. Programs scheduled in hour time slots must not exceed 58 minutes.
3. Programs exceeding 58 minutes will be scheduled according to available
HBTV-3 Channel air time.
4. Channel 3 reserve the right to acknowledge sponsors at any time during
cablecasts of any access programming.
F. Emergency Procedures.
1. Emergency programming is to be originated and authorized only by
Administration,Police,Fire,Public Works or emergency service personnel. Under no
circumstances will access to Cable Channel 3 for emergency communications be granted
to anyone who does not have the proper authority to initiate emergency procedures.
G. Live Coverage of City Functions.
1. The Video Unit currently carries live coverage of the City of Huntington
Beach City Council meetings and Planning Commission meetings. While such coverage
is taking place,no other video production crew will be allowed in the meeting locale
(except for production of film or videotape for news purposes by recognized broadcast
agencies)without special permission from the Channel Manager or the City
Administrator.
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2. Live coverage of any other city meetings in any of the other PCTA cities will
require permission from the affected city and may require payment of expenses of
production,in produced by the Huntington Beach Video Unit.
3. In the event that a production unit other than Channel 3 obtains the authority
and the capacity to produce live coverage of city meetings, airtime on HBTV-3 must be
arranged. The Channel Manager and the Video Unit will make every effort to cooperate
with any production unit that has obtained the proper clearances and has the physical
capacity to produce broadcast quality live coverage of other PCTA city meetings.
4. Unless otherwise authorized by the affected city, meeting coverage can be
achieved by a standardization of taping procedures.
5. The highest quality of responsible meeting coverage can be achieved by a
standardization of taping procedures.
(a) Presentation by the public,visuals, overheads, performances, etc., should
be assigned to one location,which is to be equipped with proper lighting,microphones,
camera angles,etc.
(b) Coverage of the meeting's proceedings should be objective,with camera
shots limited to straight on head-and-shoulders shots of speakers, and cover shots of
meeting participants. Directors should avoid subjective close-ups,unique angles, harsh
or tinted lighting, and camera shots that portray anyone in a particularly negative or
unfavorable manner.
6. Tapes from the City of Huntington Beach City Council and Planning
Commission meetings, if such meetings are taped,may be retained for a minimum of six
It (6)months. Any requests for retention beyond the six months should be made in writing
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• •
to the City Clerk These tapes may be viewed by appointment at the office of City Clerk
during normal business hours. Copies of these tapes may be purchased from the City
Clerk on 1/2-inch or 3/4-inch tape at a purchase price to be set by resolution of the City
Council.
H. Grievance Procedures.
Any person wishing to protest decisions made by the Channel Manager(e.g.,
playback and production scheduling,refusal to carry a program due to content or length,
or any conflict arising as to these Policies)may file an appeal and request a hearing
before the Cable TV Council Committee.
I. Appeal Procedures.
1. Any applicant wishing to file an appeal must submit a detailed report
regarding the complaint to the Channel Manager. Such appeal shall be filed within ten
(10)days after the disputed action. At the time of the appeal hearing,the Cable TV
Council Committee shall hear all relevant evidence, shall determine the merits of the
appeal, and render a written decision within seven(7)days after the hearing.
2. Should a person wish to appeal the Committee's decision, he shall file the
original appeal and the decision of the Cable TV Council Committee with the City Clerk.
Such appeal shall be filed within ten(10)days after receipt of the Committee's decision.
The City Council shall hear the appeal. At the time of the appeal hearing, the City
Council shall hear all relevant evidence, shall determine the merits of the appeal, and
render a written decision within fourteen(14)days after the hearing.
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S � •
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS POLICY
1996
PUBLIC INFORMATION OFFICE
(714) 536-5511
(CHANNEL 3 POLICY ADOPTED BY CITY COUNCIL ON SEPTEMBER 17, 1990
AMENDED BY CITY COUNCIL ON APRIL 1, 1996)
S F:G:96 M isc:H BT V final
RLS 95-767 4/4/96
• s
PREAMBLE
Cable television presents a unique opportunity for local government.
To have access to the home television set to inform city residents of the workings of
government and about life in the community. Cable television can be a meeting place for
ideas, a means to show to people how their community works, about community health,
recreation and other services available to all, and about those available to the few.
The primary focus of Cable Channel 3 will be to enhance the City's ability to inform
and educate the public regarding City programs and activities, and to address
Community issues and reduce public divisiveness and controversy. Such programming
may include City Council and Planning Commission meetings, as well as public works
and street work,neighborhood watch,and emergency preparedness programs. In
addition, Channel 3 will serve the community by offering noncommercial educational,
informational and entertainment programming to the cable subscn'ber, such as high
school athletics and local musical and theatrical performing art events.
NOTE
This regulation applies primarily to cable television operations by the City of
Huntington Beach and anticipates that cable television distribution to other cities of the
Public Cable Television Authority may be segmented in the future or other channels
assigned to individual cities. However,this regulation provides for inclusion of
programming by and for other of the PCTA cities at no cost to Huntington Beach, if
such programming is available, or if it can be produced with reasonable expenses borne
by the requesting PCTA city.
The Video Unit operates as a branch of the Huntington Beach Public Information
Office at 2000 Main Street, Huntington Beach, California 92648, (714)536-5511. The
Deputy City Administrator in charge of the Public Information Officer-acts as Channel
Manager of Cable TV 3, bearing all responsibility for all aspects ofthe channel and
Video Unit operation.
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• •
`r
BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels set aside in the original
cable television franchise granted by the Public Cable Television Authority to the
predecessor of Tunes Warner Company, reserved for use by the local municipalities and
their organizations. The four channels, as outlined in the franchise,were to be assigned
and programmed as follows:
1 Channel-PCTA-Community Oriented Programming
1 Channel-Education-City Educational Districts
1 Channel-Area Government-Municipal and Government Services,
Police,Fire,Public Works,Recreation, etc.
1 Channel-Spare
Through the years,these channels have been reassigned somewhat, as appropriate
agencies stepped forward with the desire and facilities to make use of these channels.
When the original franchise was granted,the PCTA intended to become involved in
programming. Since then the PCTA has determined that it would not enter into
programming. In addition,Federal laws now provide for public access to members of
the community through the PEG channels outlined in the Cable Communications Act of
1984.
Coastline Community College now programs one channel with accredited
telecourses. Another channel has been dedicated to carriage of C-SPAN, a national
satellite program service that delivers live coverage of the U.S. House of
Representatives, and other public affairs programming 24 hours a day. And Cable
Channel 3 is the government access channel designated for use by the four PCTA
municipalities-Huntington Beach,Fountain Valley,Westminster and Stanton, for
dissemination of municipal government programming.
The first government access programming on this channel was live City Council
meetings produced by the cable company staff in 1982. In 1983,Huntington Beach took
over transmitting live coverage of City Council meetings. Since then, the Video Unit has
grown in both size and scope of responsibility. The facilities now include full multi-
camera switching capabilities, a staff of full and part-time production crew members,
portable production and editing facilities, and in-studio production of programs geared
toward the general public and regular-coverage of city-sponsored events.
In 1990, the City Council adopted its first set of Administrative Regulations for the
operation of Huntington Beach Cable Channel 3. Since that time, the evolution of Cable
Channel 3 has precipitated the need for amended operational policies. The following
amended Administrative Regulations, approved by the Huntington Beach City Council,
will continue to serve as the official operating rules of Huntington Beach Cable Channel
3.
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REGULATIONS GOVERNING USE OF THE
GOVERNNURiT ACCESS CHANNEL
I. PURPOSE AND OBJECTIVES
A. Purg se. The purpose of these regulations is to provide for the use
of the Government Channel, Cable Channel 3, and to describe its use by the City of
Huntington Beach. HBTV-3 is a government channel as provided for in the Cable
Communications Policy Act of 1984, as amended This Federal legislation establishes
government channels, educational channels and public channels for use by each of these
broad groups.
HBTV-3 is a government channel and is not required by law to offer access to other
than the government- However,as a matter of fairness,HBTV 3 does offer
opportunities for other opinions to be heard within the rules of HBTV-3.
B. OBJECTIVES. The objectives for use of Cable Channel 3 are as
follows:
1. To provide live coverage of all City Council and Planning
Commission meetings, and other Boards, Commissions and Committees, as appropriate.
2. To increase the knowledge of the citizenry of the functions and
responsibilities of municipal government, and the functions of the various departments
and commissions.
3. To serve as the official information center in the case of a local
emergency situation; (e.g., flood, fire, and crime).
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• •
4. To supplement the public safety awareness efforts of the local
Police and Fire Departments.
5. To assist in the in-house training of various city department
employees
6. To cover City-sponsored special events.
7. To serve as an on-going source of information for the citizens of
the City of Huntington Beach.
a. To work toward becoming financially self-sufficient.
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II. CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information Office of the City
of Huntington Beach. Programming activities and program schedules for the channel are
the responsibility of the Deputy City Administrator acting in the capacity of Channel
Manager. The costs associated with the City's involvement in Cable Channel 3 will be
paid for with the franchise fees received from the cable franchise as provided for in the
Franchise Agreement, from underwriting revenues, and from general funds of the City
departments for services provided, in accordance with PCTA policies, and City of
Huntington Beach policies.
Channel 3 may solicit and accept grants for operations or production of particular
types of pro grammin&
III. POLITICAL PROG�G
A. Cable Channel 3 will provide information to the citizens of the PCTA cable
service area concerning the functions, activities, programs and issues of the City. The
channel is not intended to be used as an exclusive political forum by an individual or
group,nor as a mechanism for building exclusive support for a particular person,
program or issue. Use of the channel by a politically-oriented individual or group shall
be governed by the operating procedures as set forth herein, and by the rules of the
Federal Communications Commission(FCC)as they may apply to operations of Cable
Channel 3.
B. The variety of opinions and of programming on the government access channel
will preclude agreement by the City Council members, administration and city staff with
all opinions which may be broadcast on the channel; therefore, the Channel Manager will
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•
•
cause a statement to be included at the conclusion of each program to the effect that the
opinions expressed on the channel do not necessarily reflect those of the official city
staff, administration or the City Council.
C. Declared candidates for any elective public office and persons advocating any
cause,viewpoint or policy, proposed or otherwise,will not be eligible to appear on
HBTV-3, except in a program or series where the format allows for all candidates or
sides of an issue to be heard on an equal basis and within the same format.
A person is deemed to be a candidate for public office from the time that person
takes out nomination papers for public office. However, candidates for public office may
appear on HBTV-3 on a bona fide news program; a news documentary, if the
appearance of the candidate is incidental to presentation of the su 'ect matter, or in
PPS P bl
coverage of official city meetings such as City Council or boards or commissions.
D. Cable Channel 3 and the Channel Manager will make every effort to ensure that
any appearance, except as authorized in Section C,by any qualified political candidate on
HBTV-3 will abide by these restrictions, and will tailor such appearances so as to
minimize the fact of their candidacy.
Decisions on allowable program formats and appearances by qualified political
candidates will be made by the Channel Manager. Should an appearance by a qualified
political candidate be determined to fall outside of the categories of exempt
programming mentioned above, then HBTV-3 will afford equal opportunities to all other
candidates for that office.
A candidate requesting such equal opportunities of HBTV-3 shall have the
burden of proving that he or she and the opponent are legally qualified candidates for the
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same office. A request for equal opportunity for use of HBTV-3 must be submitted to
the Channel Manager within one week of the day on which the first prior use, giving rise
to the right to equal time, occurred, provided that such candidate or spokesperson was
not already offered an opportunity to appear on BBTV-3 on an equal basis with all other
candidates or spokesperson for this office or issue.
When scheduling for equal time programming,the Channel Manager will do his
best to provide the opponent(s)airtime on a similar day, at a similar time, and under
similar conditions as the prior cablecast, and within as efficient and effective time period
as possible,but with no guarantee of being able to match cablecast conditions exactly.
All decisions on equal time program schedules will be made by the Channel Manager and
shall be final.
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IV.PROGRAM1Vf[NG RESTRICTIONS
The Channel Manager shall program HBTV-3 consistent with the content restrictions
imposed-by the Federal Communications Commission(FCC)Regulations, by prevailing
community standards and good taste,and by applicable Federal, state and local laws. In
particular, the Channel Manager will not cablecast, or allow to be cablecast, any
programming containing the following:
A- Obscene or indecent material.
1. The Channel Manager may reject the program if it is legally obscene. The
U.S. Supreme Court held in Miller v California that for a work to be obscene, the
following three elements must be present:
(a) The average person, applying contemporary community standards,
would find that the work,taken as a whole, appeals to the prurient interest;
(b) The work depicts or describes, in a patently offensive way, sexual
conduct; and
(c) The work,taken as a whole, lacks serious literary, artistic, political or
scientific value.
2. In the case of programs deemed to be worthy or of social or artistic value, but
also containing some program content or language that may be considered indecent
offensive to some viewers,the following message may be run prior to the program, and
during any natural program break:
"The following program has been deemed worthy of cablecast on Cable
Channel 3, but contains language or other program content that may be offensive to
some viewers. Viewer discretion and parental guidance are advised."
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"The following program has been deemed worthy of cablecast on Cable
Channel 3,but contains language or other program content that may be offensive to
some viewers. Viewer discretion and parental guidance are advised."
3. In addition, the Manager will schedule indecent programs, and those with a
mature theme after Prime Time so that unsupervised children will not be exposed to
them.
B. Information or advertising concerning an illegal lottery. Violation of this rule
may subject the user to criminal liability under Federal Law,Title 18,U.S. Code, Section
1304,FCC-76.213.)
C. Paid advertising material.
1. Paid advertising material includes,but is not limited to,the following:
(a) Advertising by or on behalf of a candidate for public office.
(b) Programs which solicit,directly or indirectly,money or other
consideration in exchange for goods, services or consideration of any kind, or
(c) Programs which solicit money or other assets,without consideration in
exchange.
2. Notwithstanding the above, direct appeal for donations for specific city
sponsored programs may be made on Channel 3 through the use of telethons which are:
(a) Authorized by a vote of the City Council;
(b) Directly sponsored by a City Department;or
(c) Directly benefits a City sponsored activity.
2. Acknowledgment of grants for programming purposes shall not be considered
as advertising.
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D. Copyrighted material. Copyrighted material shall not be cablecast,unless
clearances for use have been obtained, and written proof of such clearance can be
presented.
E. Illegal programming. Any programming-which is prohibited by applicable
Federal, state or local laws.
F. Defamation. Programs shall be considered defamatory and therefore prohibited if
they include false statements about individuals or groups and the producer either knows
them to be false, or produces them with reckless disregard for the truth.
G. Fraud. All material which is intended to defraud the viewer or designed to obtain
money by false or fraudulent promises or representations. Violation of this rule may
subject the user to criminal liability under Federal Law Title IS,U.S. Code, Section
1304.)
H. Union Residuals. Production or programming requiring union residuals or other
payments including,but not limited to talent and crew,will not be aired unless those
payments have been previously paid in total or waived and evidence is provided to the
Channel Manager.
The Channel Manager reserves the right to review all programs, proposed and
completed, to determine compliance with these Programming Regulations and Channel
Objectives. Any program under consideration may be accepted as presented, may be
turned down completely, or may be given conditional approval. In the case of
conditional approval, a program may be deemed appropriate and worthy, except for
stated objectionable or offensive program portions, which will be listed as needing
revision or deletion from the program. The producer of the program will then have the
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• •
option of making all specified changes or withdrawing the program from consideration
altogether.
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V. PROGRAM TYPES
Programming viewed on HBTV-3 will fall into one of the following programming
categories, listed by scheduling priority:
A. Emergency. May consist of live,taped or Alpha Numeric programming, shown
at time, as emergency dictates. The se of this programming will be to inform
any e, 8 cY P� P �n8
residents of emergency situations, and to instruct viewers in evacuation, detour,
notification and escape procedures. In the case of an emergency,regularly scheduled
ro may be interrupted or canceled. The content and scheduling of an
programming Y P g Y
emergency programming must be approved by the City Emergency Operations Manager
or his designee.
B. Live Programs. Live coverage of City Council and Planning Commission
meetings currently takes place on a bi-weekly basis, or more often,in the City of
Huntington Beach. Meetings are carried gavel-to-gavel without editing or editorial
comment unless the body asks that a lesser portion be televised. Other live programming
may include events coverage, such as the 4th of July Parade,Public Works Open House,
Police Appreciation Day, or authorized telethons.
C. Locally Produced Program and Series. Most programs and series will be
produced by in-house staff for Cable Channel 3 and will be directly related to city issues
or government-sponsored programs, or will be of a general information nature, such as
health, cultural or lifestyle programming.
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D. Outside Programming.
1. Programming by any other governmental group,individual or entity not an
official branch of the City of Huntington Beach, or a member of the PCTA, may be
allowed if the event or program to be taped is co-sponsored by the City of Huntington
Beach, or special permission is obtained from the Channel Manager.
2. Recognizing that the operations of HBTV-3 are funded by the cable television
customers of the cable company in Huntington Beach,the City of Huntington Beach may
require payment of all expenses of programming by other governmental agencies,
including PCTA members,should HBTV 3,the Public Information Office Video Unit,
be asked to produce programming for the other governmental agency.
3. Pre-produced programming may be submitted for carriage on Cable
Channel 3. Such programming will be screened for suitability and compliance with
Channel Objectives and Programming Regulations, and may be approved by the Channel
Manager for scheduling on Cable Channel 3.
E. Alpha Numeric/CSPAN. A bulletin board style service used to display city-
related messages to the public,this mode of programming may be used as filler, when no
other video programming is scheduled on HBTV-3. Access to this service is open to
city governments, as well as to the general public. Message content and decisions on
message suitability will be governed by Channel Objectives and Programming
Regulations.
Alternatively, CSPAN 2 may be carried.
F. Satellite Reception. Programming suitable for re-transmission may be obtained
through satellite reception. Programs to be re-transmitted shall meet all requirements of
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RLS 95-767 413/96
these regulations for suitability that apply to locally produced programming. Satellite
receptions may be videotaped for later broadcast or for use by city departments in
training programs. In all cases, Channel 3 shall observe all applicable rules concerning
copyrights.
VI. CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA member cities and
departments, providing the proposed programming is consistent with the policies of the
member city.
Recognizing that not all of the PCTA cities may be able to produce sufficient volume
of programming to warrant segmentation of distribution,the Channel Manager will make
every reasonable effort to integrate the programming of the member cities into a
schedule which will result in the maximum opportunity for viewership in each of the
member cities. If two or more events are scheduled for the same time, and each are of
such a nature that each must appear at the same time on the same channel,the Channel
Manager shall arrange with the cable franchisee for segmented distribution, each
program then appearing at the same time in the appropriate city or cities.
VII. ACCESS PROCEDURES
HBTV-3 is a Government Access Channel, as outlined in the Federal Cable
Communications Act of 1984, open to the various government entities for the
dissemination of government-related information to the viewing public. Access to the
channel may range from submitting a public service announcement for the Alpha-
Numeric service, to putting in a request for event coverage, to working side-by-side with
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RLS 95-767 4/3/96
Channel 3 to produce a program or program series. In each case, proper procedures
must be followed before access will be provided.
A Alpha Numeric Procedures.
1. All city departments, agencies and organizations may submit public service
messages to be displayed in alpha-numeric form on Cable Channel 3 during non-
programming hours. All messages must be submitted in writing, and must be submitted
at least three working days prior to the requested start date. Mail or bring messages to
the Public Information Office. No announcements will be taken over the phone, except
in the case of an emergency.
2. Messages submitted by a city department must be approved by the
appropriate department head.
3. The Channel 3 staff places messages on a"character generator"which appear
on the TV screen as either a"page" at a time or a scroll. Messages should be concise,
and should contain basic information concerning what,when,where, how, and how
much. If necessary, the Video Unit will edit the message to improve readability,to make
it fit on one screen page, or to insure message is grammatically correct.
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4. All submitted messages must be accompanied by:
(a) The name of the submitting agency
(b) The name of a contact person
(c) A phone number where that person may be reached, and whether or not
that information is to appear in the message. Submissions should include desired start
and end dates.
5. No classified ads, commercial messages or commercial solicitations of funds
will be allowed on Cable Channel 3.
6. Receipt of a public service message does not in any way guarantee its
appearance on Cable Channel 3. Suitability for this channel and compliance with city
policies will be determined by the Channel Manager. The date of input and the length of
run of any message will be determined by staff availability and channel capacity.
7. Every attempt will be made to input all messages received by the Video Unit.
In the case that channel capacity is full, messages will be carried a maximum of three
days each, and on a first-come, first-served basis, with the following priorities:
(a) Emergency and public service notification messages, originated by Police,
Fire or Emergency Services as approved by management;
(b) Announcements ordered by the City Council;
(c) Announcements ordered by the City Administrator,
` (d) Announcements submitted by City Department Heads;
(e) Announcements submitted by the general public.
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B. Event Coverage Procedures,
1. All requests for coverage of an event by the Video Unit, shall be in writing
and must be submitted to the Channel Manager.
2. The applicant will be required to provide the name, date, location and
purpose of the event. Also required will be details regarding what the taping crew will
need to know in advance about the location, activity, crowd, etc., and whether or not the
event will further the channel objectives.
3. It is the responsibility of the applicant to obtain all on-site approvals and off-
site permissions for taping. This includes permission from property or business owners,
performers, event coordinators, etc. Approvals should all be obtained prior to sending a
written request to the Channel Manager. The Channel Manager may ask for proof of
approvals prior to considering the request, and will require applicant to sign a statement
that all necessary clearances have been secured.
4. It will be the applicant's responsibility to pay all costs incurred by the
production, including, but not limited to, all admittance fees, artwork and graphics, union
or other professional association fees, clearance fees, royalties and permission fees.
5. A written Production Request is to be submitted a minimum of thirty(30)
working days prior to the scheduled event. It shall provide:
(a) A statement of how the proposed program services the public interest.
(b) A written statement explaining why the proposed program should be
produced either by, or in cooperation with, the Cable Channel 3.
(c) A narrative description of the proposed program and the audience the
program is designed to reach.
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i • •
(d) The anticipated number of programs to be produced and the length and
type of each program, (i.e., will it be a studio shoot? Remote shoot? Half-hour or one
hour?)
(e) Explanation of the production cost for each program. If possible, a
detailed breakdown of cost(e.g. facility cost; equipment cost; staff cost, editing cost;
etc.).
(f) A list of underwriters and the dollars the applicant expects each will
contribute toward the program's production and distribution.
(g) Identification of the on-air talent, or the method to be used to find the
on-air talent to be used on the program(s).
6. A request originating from any city department must be approved by the
appropriate department head.
7. The Channel Manager will consider each request based on:
(a) Does the proposed television program fisher the City's efforts to inform
the public about city-sponsored services or programs?
(b) Is the proposed television program directly or indirectly linked to a
government sponsored program or service?
(c) Are there sufficient funds identified to cover HBTV-3 production costs
and are those funds available?
(d) Does the program serve a City Council stated goal or objective?
(e) Does the proposed television program further open and responsible
government?
t K
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(f) Does the proposed television program conflict or enhance an existing
BBTV-3 program?
8. Receipt of a written Request does not in any way guarantee approval of
applicant's request.
9. Completed programs and all work footage shall be the sole property of the
City of Huntington Beach. Copies of completed programs may be purchased on 1/2-inch
or 3/4-inch videotape at a purchase price to be set by resolution of the City Council.
10. It is the policy of the Video Unit to retain completed programs for up to a
maximum of six months. During that period,tapes may be retained, or erased, at the
discretion of the Channel Manager. Work footage will be erased immediately upon the
completion of the program, and will not be available to anyone for any purpose.
C. Equipment Usage Procedures.
1. Video equipment and facilities may be used in studio,or in the Council
Chambers, by trained members of city departments and agencies with the approval of the
Channel Manager.
2. Equipment will be available on a first-come,first-served basis during regular
business hours only.
3. To request use of the Channel 3 facilities, approved users must submit a
written request, no less than-twenty(20)working days prior to the request date. The
applicant will be required to state the date and time the facilities are requested, list the
equipment required, and describe the event or the program to be taped.
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• •
4. While HBTV-3 may choose at various times to conduct video training
sessions for the benefit of city staff members, they will in no way be obligated to conduct
any other such sessions except by direction of the City Administrator.
5. Right of usage by any authorized person or agency will be limited to
equipment and facilities provided. HBTV-3 is not obligated to allow city equipment or
facilities to be interfaced with any other equipment or facilities. Any user tampering
with,adjusting or altering any city equipment or facilities may be subject to immediate
forfeiture of their right to use said equipment or facilities.
6. Use of equipment for personal, commercial or any other non-government
related purposes will not be allowed.
7. Applicants will not be authorized to tape an event or program already being
covered by Channel 3.
8. Approval of all equipment requests is subject to equipment availability.
Emergencies,unforeseen complications, equipment failure, and official city business may
necessitate cancellation of equipment usage rights at any time.
9. Completed programs will be screened for compliance with channel objectives
and city policies, and for technical quality. Use of equipment and facilities to produce a
program will not guarantee the program producer on Cable Channel 3. The program
may be accepted as presented, turned down completely, or given conditional approval.
In the case of conditional approval,the program producer may make specified changes in
order to bring the program into compliance, or may withdraw the program from
consideration altogether.
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10. The Public Information Office Channel 3 employees may make video copies
of non-copyright materials for use of city department or for general public relations use.
Copies shall not be made of copyright materials without permission of the copyright
holder and it shall be the responsibility of the requesting department to obtain such
permissions. In the absence of written permission,the Public Information Officer shall
presume that no permission has been granted.
11. Video tape considered obscene shall not be brought into City Hall, nor into
the Video Unit, any video control room, or be present at any time in the possession of a
member of the Video Unit or video volunteer on any shoot, either in the field or inside
any municipal building.
D. Pre-Produced Programs,
1. Airtime on BBTV-3 may be requested for a pre-produced program or series,
providing the program is suitable for airing on the channel.
2. To submit a program for consideration, a written request to the Station
Manager describing program title,topic, format, and running time is required with a Beta
SP 1 videotape of the program.
3. The program will be screened for Channel 3 suitability, compliance with
Channel Objectives and City Policies and for technical quality. The program may be
accepted or rejected, in whole or in part, by the Channel Manager based on any or all of
the qualifying criteria.
4. If accepted, the Channel Manager will determine when and how often the
program will appear in the Cable Channel 3 schedule, but will schedule the program no
more often than specified by the program presenter.
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S. It is the responsibility of the applicant to obtain all copyrights and all
clearances to all portions of the submitted program including,but not limited to,video,
performance, music, song, and film rights. The Channel Manager may require
applicant to sign a statement that all approvals have been secured.
E. Length of Programs
1. Programs scheduled in half hour time slots must not exceed 28 minutes.
2. Programs scheduled in hour time slots must not exceed 58 minutes.
3. Programs exceeding 58 minutes will be scheduled according to available
HBTV-3 Channel air time.
4. Channel 3 reserve the right to acknowledge sponsors at any time during
cablecasts of any access programming.
F. Emergency Procedures,
1. Emergency programming is to be originated and authorized only by
Administration,Police, Fire,Public Works or emergency service personnel. Under no
circumstances will access to Cable Channel 3 for emergency communications be granted
to anyone who does not have the proper authority to initiate emergency procedures.
G. Live Coverage of City Functions.
1. The Video Unit currently carries live coverage of the City of Huntington
Beach City Council meetings and Planning Commission meetings. While such coverage
is taking place, no other video production crew will be allowed in the meeting locale
(except for production of film or videotape for news purposes by recognized broadcast
agencies)without special permission from the Channel Manager or the City
Administrator.
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•
2. Live coverage of any other city meetings in any of the other PCTA cities will
require permission from the affected city and may require payment of expenses of
production,in produced by the Huntington Beach Video Unit.
3. In the event that a production unit other than Channel 3 obtains the authority
and the capacity to produce live coverage of city meetings, airtime on HBTV-3 must be
arranged. The Channel Manager and the Video Unit will make every effort to cooperate
with any production unit that has obtained the proper clearances and has the physical
capacity to produce broadcast quality live coverage of other PCTA city meetings.
4. Unless otherwise authorized by the affected city, meeting coverage can be
achieved by a standardization of taping procedures.
5. The highest quality of responsible meeting coverage can be achieved by a
standardization of taping procedures.
(a) Presentation by the public,visuals, overheads, performances, etc., should
be assigned to one location,which is to be equipped with proper lighting, microphones,
camera angles, etc.
(b) Coverage of the meeting's proceedings should be objective, with camera
shots limited to straight on head-and-shoulders shots of speakers, and cover shots of
meeting participants. Directors should avoid subjective close-ups, unique angles, harsh
or tinted lighting, and camera shots that portray anyone in a particularly negative or
unfavorable manner.
6. Tapes from the City of Huntington Beach City Council and Planning
Commission meetings, if such meetings are taped, may be retained for a minimum of six
(6) months. Any requests for retention beyond the six months should be made in writing
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RIS 95-767 4/3l96
to the City Clerk These tapes may be viewed by appointment at the office of City Clerk
during normal business hours. Copies of these tapes may be purchased from the City
Clerk on 1/2-inch or 3/4-inch tape at a purchase price to be set by resolution of the City
Council.
H. Grievance Procedures.
Any person wishing to protest decisions made by the Channel Manager(e.g.,
playback and production scheduling,refusal to carry a program due to content or length,
or any conflict arising as to these Policies)may file an appeal and request a hearing
before the Cable TV Council Committee.
I. &peal Procedures.
1. Any applicant wishing to file an appeal must submit a detailed report
regarding the complaint to the Channel Manager. Such appeal shall be filed within ten
(10)days after the disputed action. At the time of the appeal hearing,the Cable TV
Council Committee shall hear all relevant evidence, shall determine the merits of the
appeal, and render a written decision within seven(7)days after the hearing.
2. Should a person wish to appeal the Committee's decision, he shall file the
original appeal and the decision of the Cable TV Council Committee with the City Clerk.
Such appeal shall be filed within ten(10)days after receipt of the Committee's decision.
The City Council shall hear the appeal. At the time of the appeal hearing, the City
Council shall hear all relevant evidence, shall determine the merits of the appeal, and
render a written decision within fourteen(14) days after the hearing.
4
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y
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS POLICY
1990
PUBLIC INFORMATION OFFICE
(714) 536-5511
(CHANNEL 3 POLICY ADOPTED BY CITY COUNCIL ON SEPTEMBER 17, 1990
•
PREAMBLE
Cable television can be a First Amendment forum for the people and institutions
which do not have direct access to the airwaves by the simple fact of not owning a
television station.
Cable television can be a meeting place for ideas, a means to show to people how
their community works, about community health, recreation and other services available
to all, and about those available to the few.
For local government having access to the home television set presents unique
opportunity to inform the citizens of the workings of government and about life in the
community.
It also presents a unique challenge in preservation and promotion of the principles of
the First Amendment to the Constitution of the United States.
While operation of a cable television government access channel is a unique public
relations vehicle, it should be operated according to good business practice. It has many
characteristics associated with the field of journalism which has grown strong in this
country because of the free speech provisions of the First Amendment.
To a great extent, government has been and is in the "business" of providing public
education and information in order to clarify public issues and to reduce public
divisiveness and controversy. The rule of the majority is a basic principle without which
free government could not exist, but that rule brings into play a new perception of the
First Amendment as it relates to cable television.
Cable television has been largely a medium for "narrow-casting", that is,
programming aimed at small interest groups and individuals rather than the masses served
by the television networks.
Suitable programming includes those that do not always have wide or majority
appeal. It includes offerings aimed at the interest groups not served by the mass media
and those designed to serve the needs of the few as well as the many. Almost universally,
however, these are not programs dealing with highly critical and controversial issues.
In fact, cable television offers an opportunity to examine all that goes on in a
community. There will always be differences of opinion about the issues of the day. One
person may not care to watch a program about the problems and accomplishments of the
oldsters in the community, for instance. Another person may find that just the reason for
subscribing to cable television.
Some people may not like to see public discussion of the flaws or seams in the fabric
of community life, problems such as crime, disease or even potholes in the streets.
Yet, discussion of these problems could lead to public awareness and then
a willingness to find solutions. Cable television can be a factor in building a sense and
understanding of community life and be an aid to greater and more knowledgeable
involvement. It can stimulate interest, awareness and concern that leads to action.
Cable television access by the city government does not mean that everyone will be
interested and happy with each program. Indeed, it is possible that any given program may
have fans and detractors, those who can't see why the program is on television at all, and
those who want more of the same kind of offering.
It is not the exclusive medium for the rich and powerful, nor the means to fame for
the beautiful people or even the avenue for the talented and glib. Cable television can be
and should be the people's means for exchanging ideas and information. It can be "home
town" at its best.
NOTE
This regulation applies primarily to cable television operations by the City of
Huntington Beach and anticipates that cable television distribution to other cities of the
Public Cable Television Authority may be segmented in the future or other channels
assigned to individual cities. However, this regulation provides for inclusion of
programming by and for other of the PCTA cities at no cost to Huntington Beach, if such
programming is available, or if it can be produced with reasonable expenses borne by the
requesting PCTA city.
i
BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels set aside in the original
cable television franchise granted by the Public Cable Television Authority to the
predecessor of Paragon Cable Company, reserved for use by the local municipalities and
their organizations. The four channels, as outlined in the franchise, were to be assigned
and programmed as follows:
1 Channel - PCTA - Community Oriented Programming
1 Channel - Education- City Educational Districts
1 Channel - Area Government - Municipal and Government Services,
Police, Fire, Public Works, Recreation, etc.
1 Channel - Spare
Through the years, these channels have been reassigned somewhat, as appropriate
agencies stepped forward with the desire and facilities to make use of these channels.
When the original franchise was granted, the PCTA intended to become involved in
programming. Since then the PCTA has determined that it would not enter into
programming. In addition, Federal laws now provide for public access to members of the
community through the PEG channels outlined in the Cable Communications Act of 1984.
Coastline Community College now programs one channel with accredited telecourses.
Another channel has been dedicated to carriage of C-SPAN, a national satellite program
service that delivers live coverage of the U. S. House of Representatives, and other public
affairs programming 24 hours a day. And Cable Channel 3 is the access channel
designated for use by the four PCTA municipalities - Huntington Beach, Fountain Valley,
Westminster and Stanton, for dissemination of municipal government programming.
The first government access programming on this channel was live City Council
meetings produced by the cable company staff in 1982. Live Council coverage was
conducted at least once in all four PCTA cities to test the system and to demonstrate to
Council members, staff and public attendees what would be entailed in regular meeting
coverage.
The City of Huntington Beach continued to pursue the prospect of initiating Council
coverage capabilities. And while the wheels were set in motion to create the Huntington
Beach Video Unit, the cable company programming staff continued to provide live
gavel-to-gavel coverage of the Huntington Beach City Council meetings for the next
twelve months.
In 1983, Huntington Beach took over transmitting live coverage of City Council
meetings over the cable system. Since then, the Video Unit has grown in both size and
scope of responsibility. The facilities now include full multi-camera switching
capabilities, a staff of full and part-time production crew members, portable production
and editing facilities, and in-studio production of programs geared toward the general
public and regularly covers city-sponsored events throughout the city.
1 1 • •
The Video Unit operates as a branch of the Huntington Beach Public Information
Office at 2000 Main Street, Huntington Beach, California 92648, (714) 536-5511. The
Public Information Officer acts as Channel Manager of Cable TV 3, bearing all
responsibility for all aspects of the channel and Video Unit operation.
The high visibility of Cable Channel 3 throughout the PCTA and the aggressiveness of
the Channel 3 Video Unit has precipitated the need for a formal set of regulations and
operational procedures. The following Administrative Regulations, approved by the
Huntington Beach City Council, will serve as the official operating rules of Huntington
Beach Cable Channel 3.
REGULATIONS GOVERNING USE OF THE
GOVERNMENT ACCESS CHANNEL
PURPOSE
The purpose of these regulations is to provide for the use of Cable Channel 3,
Government Channel, and to describe its use by the City of Huntington Beach. HBTV-3 is
a government channel as provided for in the Cable Communications Policy Act of 1984.
This Federal legislation establishes government channels, educational channels and public
channels for use by each of these broad groups.
HBTV-3 is a government channel and is not required by law to offer access to other
than the government. However, as a matter of fairness, HBTV-3 does offer opportunities
for other opinions to be heard within the rules of HBTV-3.
OBJECTIVES
The objectives for use of Cable Channel 3 are as follows:
A. To serve as an on-going source of information for the citizens of the PCTA cable
service area.
B. To increase the knowledge of these citizens of the functions and responsibilities of
municipal government, and the functions of the various departments and commissions.
C. To serve as the official information center in the case of a local emergency
situation; i.e., flood, fire, crime, etc.
D. To supplement the public safety awareness efforts of the local Police and Fire
Departments.
E. To assist in the in-house training of various city department employees.
CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information Office of the City
of Huntington Beach. Programming activities and program schedules for the channel are
the responsibility of the Public Information Officer acting in the capacity of Channel
Manager. The costs associated with the City's involvement in Cable Channel 3 will be
paid for with the franchise fees received from the cable franchise as provided for in the
Franchise Agreement, from general funds of the city, in accordance with PCTA policies,
and City of Huntington Beach policies.
Channel 3 may solicit and accept grants for operations or production of particular
types of programming.
PROGRAMMING STATEMENT
Cable Channel 3 will provide information to the citizens of the PCTA cable service
area concerning the functions, activities, programs and issues of the city. The channel is
not intended to be used as an exclusive political forum by an individual or group, nor as a
mechanism for building exclusive support for a particular person, program or issue. Use of
the channel by a politically—oriented individual or group shall be governed by the operating
procedures as set forth herein, and by the rules of the Federal Communications
Commission (FCC) as they may apply to operations of Cable Channel 3.
The variety of opinions and of programming on the government access channel will
preclude agreement by the City Council members, administration and city staff with all
opinions which may be broadcast on the channel; therefore, the Channel Manager will
cause a statement to be included with each day's programming to the effect that the
opinions expressed on the channel do not necessarily reflect those of the official city
staff, administration or City Council.
In addition, the opening message for each day's programming will carry a statement
to the effect that in case a responsible organization differs with a program or statements
expressed on HBTV-3, reply time may be provided by the Channel Manager within the
same format and, as nearly as possible, under the same conditions as the original program.
The Channel Manager reserves the right to review all programs, proposed and
completed, to determine compliance with Programming Regulations and Channel
Objectives. Any program under consideration may be accepted as presented, may be
turned down completely, or may be given conditional approval. In the case of conditional
approval, a program may be deemed appropriate and worthy, except for stated objectional
or offensive program portions, which will be listed as needing revision or deletion from the
program. The presenter of the program will then have the option of making all specified
changes or withdrawing the program from consideration altogether.
PROGRAMMING RESTRICTIONS
The Public Information Office recognizes the programming content restrictions
imposed on HBTV-3 by the Federal Communications Commission (FCC) Regulations, by
prevailing community standards and good taste, and by applicable Federal, state and local
laws.
In particular, the Video Unit will not cablecast, or allow to be cablecast, any
programming containing the following:
A. Obscene or indecent material.
1. Obscenity or indecency will be determined by the Channel Manager and will
be judged according to prevailing community standards.
2. In the case of programs deemed to be worthy or of social or artistic value,
but also containing some program content or language that may be considered offensive to
some viewers, the following message may be run prior to the program, and during.any
natural program break:
"The following program has been deemed worthy of cablecast on Cable
Channel 3, but contains language or other program content that may be offensive to some
viewers. Viewer discretion and parental guidance are advised."
B. Information or advertising concerning an illegal lottery.
C. Paid advertising material designed to promote the sale of commercial products or
services, or any programming in which commercial appeals for funds are made. Grants for
programming purposes shall not be considered as advertising.
1. Paid advertising material includes, but is not limited to, the following:
a. Advertising by or on behalf of a candidate for public office.
b. Paid messages whose primary purpose is intended to promote a single
service, product, trade, or business.
c. Program material made available without charge by persons,
corporations, or institutions which have a commercial interest in the subject matter. This
provision shall not prevent the identification, by name only, of persons or institutions
providing grants or contributions to underwrite the cost of programs unrelated to the
commercial interests of the donor or to programs which have a public interest overriding
the private commercial interests.
D. Copyrighted material, unless clearances for use have been obtained, and written
proof of such clearance can be presented.
E. Illegal programming which is prohibited by applicable Federal, state or local laws.
POLITICAL BROADCASTS
A. Declared candidates for any elective public office and persons advocating any
cause, viewpoint or policy, proposed or otherwise, will not be eligible to appear on
HBTV-3, except in a program or series where the format allows for all candidates or sides
of an issue to be heard on an equal basis and within the same format.
A person is deemed to be a candidate for public office from the time that person
takes out nomination papers for public office.
Candidates for public office may appear on HBTV-3 on a bona fide news program; a
news documentary, if the appearance of the candidate is incidental to presentation of the
subject matter; or in coverage of official city meetings such as City Council or boards or
commissions.
Cable Channel 3 and the Channel Manager will make every effort to ensure that any
appearance, except as authorized in Section A. 2., by any qualified political candidate on
HBTV-3 will abide by these restrictions, and will tailor such appearances so as to minimize
the fact of their candidacy.
Decisions on allowable program formats and appearances by qualified political
candidates will be made by the Channel Manager. Should an appearance by a qualified
political candidate be determined to fall outside of the categories of exempt programming
mentioned above, then HBTV-3 will afford equal opportunities to all other candidates for
that office.
B. A candidate requesting such equal opportunities of HBTV-3 shall have the burden
of proving that he or she and the opponent are legally qualified candidates for the same
office.
A request for equal opportunity for use of HBTV-3 must be submitted to the Channel
Manager within one week of the day on which the first prior use, giving rise to the right to
equal time, occurred, provided that such candidate
or spokesperson was not already offered an opportunity to appear on HBTV-3 on an equal
basis with all other candidates or spokesperson for this office or issue.
C. When scheduling for equal time programming, the Channel Manager will do his
best to provide the opponent(s) airtime on a similar day, at a similar time, and under
similar conditions as the prior cablecast, and within as efficient and effective time period
as possible, but with no guarantee of being able to match cablecast conditions exactly. All
decisions on equal time program schedules will be made by the Channel Manager and shall
be final.
D. Programming by any other governmental group, individual or entity not an official
branch of the City of Huntington Beach, or a member of the PCTA, may be allowed if the
event or program to be taped is co-sponsored by the City of Huntington Beach, or special
permission is obtained from the Channel Manager.
Recognizing that the operations of HBTV-3 are funded by the cable television
customers f h 1 'n Huntington Beach, th it of Huntington Beach may m o the cable company ie C y g y
require payment of all expenses of programming by other governmental agencies, including
PCTA members, should HBTV-3, the Public Information Office Video Unit, be asked to
produce programming for the other governmental agency.
PROGRAM TYPES
Programming viewed on HBTV-3 will fall into one of the following programming
categories, listed by scheduling priority:
A. EMERGENCY
May consist of live, taped or Alpha Numeric programming, shown at any time,
as emergency dictates. The purpose of this programming will be to inform residents of
emergency situations, and to instruct viewers in
evacuation, detour, notification and escape procedures. In the case of an emergency,
regularly scheduled programming may be interrupted or cancelled. The content and
scheduling of any emergency programming must be approved by the Emergency Operations
Manager or his designee.
B. LIVE PROGRAMS
Live coverage of City Council and Planning Commission meetings currently
takes place on a bi-weekly basis, or more often, in the City of Huntington Beach.
Meetings are carried gavel-to-gavel without editing or editorial comment unless the body
asks that a lesser portion be televised. Other live program possibilities include events.
coverage, such as the 4th of July Parade or Huntington Harbour Boat Parade.
C. LOCALLY PRODUCED PROGRAMS AND SERIES
Most programs and series will be produced by in-house staff for Cable Channel 3
and will be directly related to city issues or government-sponsored programs, or will be of
a-general information nature, such as health, cultural or lifestyle programming.
D. OUTSIDE PROGRAMMING
Pre-produced programming may be submitted or made available for use on
Cable Channel 3. Such programming will be screened for suitability and compliance with
Channel Objectives and Programming Regulations, and may be approved by the Channel
Manager for scheduling on Cable Channel 3.
E. ALPHA-NUMERIC
A bulletin board style service used to display city-related messages to the
public, this mode of programming may be used as filler, when no other video programming
is scheduled on HBTV-3. Access to this service is open to city governments, as well as to
the general public. Message content and decisions on message suitability will be governed
by Channel Objectives and Programming Regulations.
- 2 -
i i
F. SATELLITE RECEPTION
Programming suitable for re-transmission may be obtained through satellite
reception. Programs to be re-transmitted shall meet all requirements of these regulations
for suitability that apply to locally produced programming. Satellite receptions may be
videotaped for later broadcast or for use by city departments in training programs. In all
cases, Channel 3 shaIl observe all applicable rules concerning copyrights.
CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA member cities and
departments, providing the proposed programming is consistent with the policies of the
member city.
Recognizing that not all of the PCTA cities may be able to produce sufficient volume
of programming to warrant segmentation of distribution, the Channel Manager will make
every reasonable effort to integrate the programming of the member cities into a schedule
which will result in the maximum opportunity for viewership in each of the member
cities. If two or more events are scheduled for the same time, and each are of such a
nature that each must appear at the same time on the same channel, the the Channel
Manager shall arrange with the cable franchisee for segmented distribution, each program
then appearing at the same time in the appropriate city or cities.
ACCESS PROCEDURES
HBTV-3 is a Government Access Channel, as outlined in the Federal Cable
Communications Act of 1984, open to the various government entities for the
dissemination of government-related information to the viewing public. Access to the
channel may range from submitting a public service announcement for the Alpha-Numeric
service, to putting in a request for event coverage, to working
- 3 -
side-by-side with Channel 3 to produce a program or program series. In each case, proper
procedures must be followed before access will be provided.
A. Alpha-Numeric Procedures
1. All city departments, agencies and organizations may submit public service
messages to be displayed in alpha-numeric form on Cable Channel 3 during
non-programming hours. All messages must be submitted in writing, and must be
submitted at least three working days prior to the requested start date. Forms for this
service are available in the Public Information Office, City of Huntington Beach,
2000 Main Street, Huntington Beach, California 92648, (714) 536-5511. Mail or bring
messages to the Public Information Office. No announcements will be taken over the
phone, except in the case of an emergency.
2. Messages submitted by a city department must be approved by the
appropriate department head.
3. Messages are input by the Channel 3 staff on a "character generator" and
appear on the TV screen a "page" at a time. Messages should be concise, and should
contain basic information concerning what, when, where, how, and how much. If
necessary, the Video Unit will edit the message to improve readability, to make it fit on
one screen page, or to insure message is grammatically correct.
4. All submitted messages must be accompanied by:
a. The name of the submitting agency
b. The name of a contact person
c. A phone number where that person may be reached, and whether or not
that information is to appear in the message. Submissions should include desired start and
end dates.
S. No classified ads, commercial messages or commercial solicitations of funds
will be allowed on Cable Channel 3.
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6. Receipt of a public service message does not in any way guarantee its
appearance on Cable Channel 3. Suitability for this channel and compliance with city
policies will be determined by the Channel Manager. The date of input and the length of
run of any message will be determined by staff availability and channel capacity.
7. Every attempt will be made to input all messages received by the Video
Unit. In the case that channel capacity is full, messages will be carried a maximum of
three days each, and on a first-come, first-served basis, with the following priorities:
a. Emergency and public service notification messages, originated by
Police, Fire or Emergency Services as approved by management;
b. Announcements ordered by the City Council;
c. Announcements ordered by the City Administrator;
d. Announcements submitted by City Department Heads;
e. Announcements submitted by the general public.
B. Event Coverage Procedures
1. To request coverage of an event by the Video Unit, the appropriate city
department representative must fill out and submit a Communications Services Project
Request Form. Forms may be obtained in the City of Huntington Beach Public
Information Office, 2000 Main Street, Huntington Beach, California 92648, (714) 536-5511.
2. Applicant will be required to provide the name, date, location and purpose of
the event. Also required will be details regarding what the taping crew will need to know
in advance about the location, activity, crowd, etc., and whether or not the event will
further the channel objectives.
3. It is the responsibility of the applicant to obtain all on-site approvals and
off-site permissions for taping. This includes permission from property or business
owners, performers, event coordinators, etc. Approvals
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should all be obtained prior to submitting Project Request Form. Channel Manager may
ask for proof of approvals prior to considering the request, and will require applicant to
sign a statement that all necessary clearances have been secured.
4. It will be the applicant's responsibility to pay any extra costs incurred by the
production, including, but not limited to, all admittance fees, artwork and graphics, union
or other professional association fees, clearance fees, royalties and permission fees.
5. The Project Request Form should be submitted a minimum of ten (10)
working days prior to the scheduled event.
6. A request originating from any city department must be approved by the
appropriate department head.
7. The Channel Manager will consider each request based on:
a. Compliance with city policies
b. News or entertainment value
c. Availability of staff
d. Availability of equipment and facilities
e. Capabilities of staff and equipment
8. Receipt of Project Request Form does not in any way guarantee approval of
applicant's request.
9. Completed programs and all work footage shall be the sole property of the
City of Huntington Beach. Copies of completed programs may be purchased on 1/2-inch or
3/4-inch videotape at a purchase price to be set by resolution of the City Council.
10. It is the policy of the Video Unit to retain completed programs for up to a
maximum of six months. During that period, tapes may be retained, or erased, at the
discretion of the Channel Manager. Work footage will be erased immediately upon the
completion of the program, and will not be available to anyone for any purpose.
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C. Equipment Usage Procedures
1. Video equipment and facilities may be used in studio, or in the Council
Chambers, by trained members of city departments and agencies with the approval of the
Channel Manager.
2. Equipment will be available on a first-come, first-served basis during regular
business hours only.
3. To request use of the Channel 3 facilities, approved users must file an
Equipment Use Request Form, no less than five (5) working days prior to the request date.
The applicant will be required to state the date and time the facilities are requested, list
the equipment required, and describe the event or the program to be taped.
4. While HBTV-3 may choose at various times to conduct video training sessions
for the benefit of city staff members, they will in no way be obligated to conduct any
other such sessions except by direction of the City Administrator.
5. Right of usage by any authorized person or agency will be limited to
equipment and facilities provided. HBTV-3 is not obligated to allow city equipment or
facilities to be interfaced with any other equipment or facilities. Any user tampering
with, adjusting or altering any city equipment or facilities may be subject to immediate
forfeiture of their right to use said equipment or facilities.
6. Use of equipment for personal, commercial or any other non-government
related purposes will not be allowed.
7. Applicants will not be authorized to tape an event or program already being
covered by Channel 3.
8. Approval of all equipment requests is subject to equipment availability.
Emergencies, unforeseen complications, equipment failure, and
official city business may necessitate cancellation of equipment usage rights at any time.
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9. Completed programs will be screened for compliance with channel objectives
and city policies, and for technical quality. Use of equipment and facilities to produce a
program will not guarantee the program producer on Cable Channel 3. The program may _
be accepted as presented, turned down completely, or given conditional approval. In the
case of conditional approval, the program producer may make specified changes in order
to bring the program into compliance, or may withdraw the program from consideration
altogether.
10. The Public Information Office Channel 3 employees may make video copies of
non-copyright materials for use of city departments or for general public relations use.
Copies shall not be made of copyright materials without permission of the copyright holder
and it shall be the responsibility of the requesting department to obtain such permissions.
In the absence of written permission, the Public Information Officer shall presume that no
permission has been granted.
11. Video tape considered obscene shall not be brought into City Hall, nor into the
Video Unit, any video control room, or be present at any time in the possession of a
member of the Video Unit or video volunteer on any shoot, either in the field or inside any
municipal building.
D. Airtime Request Procedures
1. Airtime on HBTV-3 may be requested for a pre-produced program or series,
providing the program is suitable for airing on the channel.
2. To submit a program for consideration, an Airtime Request Form describing
program title, topic, format, and running time is required with a 3/4-inch videotape of the
program.
3. Program will be screened for Channel 3 suitability, compliance with Channel
Objectives and City Policies and for technical quality. The program may be accepted or
rejected, in whole or in part, by the Channel Manager based on any or all of the qualifying
criteria.
- 8 -
•
4. No programming containing commercial advertising will be allowed on
HBTV-3 unless there is an overriding public interest.
5. If accepted, the Channel Manager will determine when and how often the
program will appear in the Cable Channel 3 schedule, but will schedule the program no
more often than specified by the program presenter.
6. It is the responsibility of the applicant to obtain all copyrights and all
clearances to all portions of the submitted program including, but not limited to, video,
performance, music, song, theatrical and film rights. The Channel Manager may require
applicant to sign a statement that all approvals have been secured.
7. Applicant must provide all programs on 3/4-inch videotape, to be retained by
the Video Unit for the length of time that•the program is to be run on HBTV-3. If
applicant wishes to have the tape(s) returned after it has completed its run on Channel 3,
he/she must provide a mailing envelope or carton, with address label and sufficient
postage, or should make arrangements to pick up the tape(s) within two weeks of the end
of the scheduled run. Any tapes left longer than two weeks, unless otherwise arranged,
may be discarded or erased for re-use.
E. Emergency Procedures
1. Emergency programming is to be originated and authorized only by
Administration, Police, Fire, Public Works or emergency service personnel. Under no
circumstances will access to Cable Channel 3 for emergency communications be granted
to anyone who does not have the proper authority to initiate emergency procedures.
F. Live Coverage of City Functions
1. The Video Unit currently carries live coverage of the City of Huntington
Beach City Council meetings and Planning Commission meetings. While such coverage is
taking place, no other video production crew will be allowed in the meeting locale (except
for production of film or videotape for
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• r
J i i
news purposes by recognized broadcast agencies) without special permission from the
Channel Manager or the City Administrator.
2. Live coverage of any other city meetings in any of the other PCTA cities
will require permission from the affected city and may require payment of expenses of
production, in produced by the Huntington Beach Video Unit.
3. In the event that a production unit other than Channel 3 obtains the
authority and the capacity to produce live coverage of city meetings, airtime on HBTV-3
must be arranged. The Channel Manager and the Video Unit will make every effort to
cooperate with any production unit that has obtained the proper clearances and has the
physical capacity to produce broadcast quality live coverage of other PCTA city meetings.
4. Unless otherwise authorized by the affected city, meeting coverage can be
achieved by a standardization of taping procedures.
5. The highest quality of responsible meeting coverage can be achieved by a
standardization of taping procedures.
a. Presentation by the public, visuals, overheads, performances, etc.,
should be assigned to one location, which is to be equipped with proper lighting,
microphones, camera angles, etc.
b. Coverage of the meeting's proceedings should be objective, with
camera shots limited to straight on head-and-shoulders shots of speakers, and cover shots
of meeting participants. Directors should avoid subjective close-ups, unique angles, harsh
or tinted lighting, and camera shots that portray anyone in a particularly negative or
unfavorable manner.
6. Tapes from the City of Huntington Beach City Council and Planning
Commission meetings, if such meetings are taped, may be retained for a minimum of six
(6) months. Any requests for retention beyond the six months should be made in writing to
the City Clerk. These tapes may be viewed by appointment at the office of City Clerk
during normal business hours. Copies of these tapes may be purchased from the City Clerk
on 1/2-inch or 3/4-inch tape at a purchase price to be set by resolution of the City Council.
- 10 -
REQUES FOR CITY COUNCI ACT 1 !- Rio
/,
Date August 22, 1990
Submitted to: Honorable Mayor and City Council C
Submitted by: Michael T. Uberuaga, City Administrator
n
Prepared by: William G G. Reed, Publ i c I1�formati on Officer T�r
CAL �cnm
r—
APPROVED BY CF`PY CO IL
CHANNEL 3 OPERATING POLICY . As
Subject:
,4 9.�
Consistent with Council Policy? (XI Yes ( I New Policy or Exce ion—Tc '� CITY
-CLAwk
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
i
STATEMENT OF ISSUE
Huntington Beach city cable television channel HBTV-3 is governed by an
Operating Policy adopted by the City Council in 1986. Minor changes in the
laws and in operations of the channel required updating the policy.
RECOMMENDATION
Adopt the Channel 3 Operating Policy as revised.
ANALYSIS
Minor changes were required to keep the Channel 3 Operating Policy current.
A Council/staff committee--Don MacAllister, Jim Silva, Rich Barnard and
Bill Reed--reviewed the. changes and recommend _adoption of the revised
policy. Changes and additions are indicated in the attached DRAFT_
FUNDING SOURCE.
N/A
ALTERNATIVE ACTIONS
Do not adopt this policy.
ATTACHMENTS:
Copy of DRAFT Revision of Channel 3 Operating Policy.
MTU:RB:WGR: jh
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS
PUBLIC INFORMATION OFFICE
(714) 536-5511
(CHANNEL 6 POLICY ADOPTED BY CITY COUNCIL ON MAY 5, 1986)
PREAMBLE
Cable television can be a First Amendment forum for the
people and institutions which do not have direct access to the
1 airwaves by the simple fact of not owning a television station .
Cable television can be a meeting place for ideas , a means
to show to people how their community works , about community
health , recreation and other services available to all. , and about
those available to the few.
i For local government having access to the home television
set presents unique opportunity to inform the citizens of the
workings of government and about life in the community .
It also presents a unique challenge in preservation and
promotion of the principles of the First Amendment to the Constitution
of the United States .
While operation of a cable television government access
channel is a unique public relations vehicle, it should be operated
i according to good business practice. It has many characteristics
associated with the field of journalism which has grown strong
in this country because of the free speech provisions of the
First Amendment .
To a great extent government has been and is in the "business"
of providing public education and information in order to clarify
public issues and to reduce public divisiveness and controversy.
The rule of the majority is a basic principle without which free
j government could not exist , but that rule brings into play a
I new perception of the First Amendment as it relates to cable
television .
j Cable television has been largely a medium for "narrow-casting" ,
that is programming aimed at small interest groups and individuals
rather than the masses served by the television networks .
Suitable programming includes those that do not always have
wide or majority appeal . It includes offerings aimed at the
interest groups not served by the mass media and those designed
to serve the needs of the few as well as the many. Almost universally,
however, these are not programs dealing with highly critical
and controversial issues .
In fact , cable television offers an opportunity to examine
all thas goes on in a community. There will always be differences
of opinion about the issues of the day. One person may not care
to watch a program about the problems and accomplishments of
the oldsters in the community, for instance . Another person
may find that just the reason for subscribing to cable television .
Some people may not _like to see public discussion of the
-1-
flaws or seams in the fabric of community life , problems such
as crime , disease or even potholes in the streets .
Yet , discussion of these problems could lead to public awareness
and then a willingness to find solutions . Cable television can
be a factor in building a sense and understanding of community
life and be an aid to greater and more knowledgeable involvement .
It can stimulate interest , awareness and concern that leads to
action .
Cable television access by the city government does not
mean that everyone will be interested and happy with each program.
Indeed , it is possible that any given program may have fans and
detractors , those who can ' t see why the program is on television
at all , and those who want more of the same kind of offering .
It is not the exclusive medium for the rich and powerful ,
nor the means to fame for the beautiful people or even the avenue
for the talented and glib. Cable television can be and should
be the people ' s means for exchaning ideas and information. It
can be "home town" at its best .
-2-
NOTE
This regulation applies primarily to cable television operations
by the City of Huntington Beach and anticipates that cable television
distribution to other cities of the Public Cable Television Authority
may be segmented in the future or other channels assigned to
individual cities . However, this regulation provides for inclusion
of programming by and for other of the PCTA cities at no cost
to Huntington Beach , if such programming is available , or if
it can be produced with reasonable expenses borne by the requesting
PCTA city.
-3-
BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels
set aside in the original cable television franchise granted
by the Public Cable Television Authority to the predecessor of
Dickinson Pacific Cablesystems (DPC) , reserved for use by the
local municipalities and their organizations . The four channels
as outlined in the franchise were to be assigned and programmed
as follows :
1 Channel - PCTA - Community Oriented Programming
1 Channel - Education - City Educational
1 Channel - Area Government - Municipal and Government Services ,
Police, Fire , Public Works , Recreation , etc .
1 Channel - Spare
Through the years these channels have been reassigned somewhat ,
as appropriate agencies stepped forward with the desire and facilities
to make use of these channels .
When the original franchise was granted, the PCTA intended
to become involved in programming . Since then the PCTA has determined
that it would not enter into programming . In addition, Federal
laws now provide for public access to members of the community.
Coastline Community College now programs Cable Channel 0
with accredited telecourses . Channel 1 has been dedicated to
carriage of C-SPAN, a national satellite program service that
delivers live coverage of the U. S . House of Representatives ,
and other public affairs programming 24 hours a day. And Cable
-4-
Channel 3 is the access channel designataed for use by the four
PCTA municipalities - Huntington Beach, Fountain Valley, Westminster
and Stanton, for 'dissemination of municipal government programming .
The first government access programming on this channel_
was live City Council meetings produced by DPC programming staff
in 1982 . Live Council coverage was conducted at least once in
all four PCTA cities to test the system and to demonstrate to
Council members , staff and public attendees what would be entailed
in regular meeting coverage .
The City of Huntington Beach continues to pursue the prospect
of initiating Council coverage capabilities . And while the wheels
were set in motion to create the Huntington Beach Video Unit ,
the DPC programming staff continued to provide live gavel-to-gavel
coverage of the Huntington Beach City Council meetings for the
next twelve months .
In 1983 , Huntington Beach took over transmitting live coverage
of City Council meetings over the cable system. Since then,
the Video Unit has grown in both size and scope of responsibility.
The facilities now include full multi-camera switching capabilities ,
a staff of full. and part-time production crew members , portable
production and editing facilities , and in-studio series geared
toward the general public and regularly covers city-sponsored
events throughout the city.
The Video Unit operates as a branch of the Huntington Beach
Public Information Office at 2000 Main Street , Huntington Beach,
California 92648 , ( 714) 536-5511 . The Public Information Officer
-5-
acts as Channel Manager of Cable TV 3 , bearing all responsibility
for all aspects of the channel and Video Unit operation.
The high visibility of Cable Channel 3 throughout the PCTA
and the aggressiveness of the Channel 3 Video Unit has precipitated
the need for a formal set of regulations and operational procedures .
The following Administrative Regulations, approved by the Huntington
Beach City Council , will serve as the official operating rules
of Huntington Beach Cable Channel 3 .
-6-
REGULATIONS GOVERNING USE OF THE
GOVERNMENT ACCESS CHANNEL
PURPOSE
The purpose of these regulations is to provide for the use
of Cable Channel 3 , Government Access Channel , and to describe
its use by the City of Huntington Beach .
OBJECTIVES
The objectives for use of Cable Channel 3 are as follows :
A. To serve as an on-going source of information for the
citizens of the PCTA cable service area .
B. To increase the knowledge of these citizens of the functions
and responsibilities of municipal government , and the functions
of the various departments and commissions .
C. To serve as the official information center in the case
of a local emergency situation ; i .e . , flood , fire , crime , etc .
D. To supplement the public safety awareness efforts of
the local Police and Fire Departments .
F. To assist in the in-house training of various city department
employees .
CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information
Office of the City of Huntington Beach . Programming activities
and program schedules for the channel are the responsibility
of the Public Information Officer acting in the capacity of Channel.
Manager. The costs associated with the City ' s involvement in
-7-
Cable Channel 3 will be paid for with the franchise fees received
from DPC, as provided for in the Franchise Agreement , from general
funds of the city, in accordance with PCTA policies , and City
Y P Y
of Huntington Beach policies .
Channel 3 may solicit and accept grants for operations or
production of particular types of programming .
PROGRAMMING STATEMENT
Cable Channel 3 will provide informatio
n to the citizens
of the PCTA cable service area concerning the functions , activities ,
programs and issues of the cities . The channel is not intended
to be used as an exclusive political forum by an individual or
group, nor as a mechanism for building exclusive support for
a particular person , program or issue . Use of the channel, by
a politically-oriented individual or group shall be governed
by the operating procedures as set forth herein, and by the rules
of the Federal Communications Commission ( FCC) as they may apply
to operations of Cable Channel 3.
The Channel Manager reserves the right to review all programs,
proposed and completed , to determine compliance with Programming
Regulations and Channel. Objectives . Any program under consideration
may be accepted as presented, may be turned down completely,
or may be given conditional approval . In the case of conditional
approval , a program may be deemed appropriate and worthy, except
for stated objectional or offensive program portions , which will
be listed as needing revision or deletion from the program.
The presenter of the program will then have the option of making
all specified changes or withdrawing the program from consideration
-8-
• •
altogether .
PROGRAMMING RESTRICTIONS
The Public Information Office recognizes the programming
content restrictions imposed on HBTV-3 by the Federal Communications
Commission ( FCC ) Regulations, by prevailing community standards
and good taste , and by applicable Federal , state and local laws .
In particular, the Video Unit will not cablecast , or allow
to be cablecast , any programming containing the following :
A. Obscene or indecent material
l. . Obscenity or indecency will be determined by the Channel
Manager and will be judged according to prevailing community
standards .
2. In the case of programs deemed to be worthy or of social.
or artistic value, but also containing some program content or
.language that may be considered offensive to some viewers , the
following message may be run prior to the program, and during
any natural program break :
"The following/this program has been deemed worthy of cablecast
on Cable Channe_1. 3, but contains language or other program content
that may be offensive to some viewers . Viewer discretion and
parental guidance are advised . "
B. Information or advertising concerning an illegal lottery
C. Advertising material designed to promote the sale of commercial
products or services , or any programming in which commercial_
appeals for funds are made . Grants for programming purposes
shall not be considered as advertising .
1 . Advertising material includes, but is not limited to
-9-
• •
the following :
a . Advertising by or on behalf of a candidate for public
office .
b . Messages whose primary purpose is intended to promote
a service, product , trade , or business .
C . Program material made available without charge by
persons , corporations, or institutions which have a commercial
interest in the subject matter . This provision shall. not prevent
the identification , by name only, of persons or institutions
providing grants or contributions to underwrite the cost of programs
unrelated to the commercial interests of the donor.
D. Copyrighted material , unless clearances for use have been
obtained, and written proof of such clearance can be presented .
E . Illegal programming which is prohibited by applicable Federal ,
state or local .laws .
POLITICAL BROADCASTS
A . Declared candidates for any elective public office and persons
advocating any cause , viewpoint or policy, proposed or otherwise,
will not be eligible to appear on HBTV-3 , except in a program
or series where the format allows for all candidates or sides
of an issue to be heard on an equal basis .
A person is deemed to be a candidate for public office from
the time that person takes out nomination papers for public office .
Candidates for public office may appear on HBTV-3 on a bona
fide news program, a news documentary if the appearance of the
candidate is incidental to presentation of the subject matter,
or in coverage of official city meetings such as City Council
-10-
or boards and commissions .
Cable Channel 3 and the Channel Manager will. make every
effort to ensure that any appearance by any qualified political
candidate on HBTV-3 will abide by these restrictions , and will
tailor such appearances so as to minimize the fact of their candidacy.
Decisions on allowable program formats and appearances by
qualified political candidates will be made by the Channel Manager.
Should an appearance by a qualified political candidate be determined
to fall outside of the categories of exempt programming mentioned
above, then HBTV-3 will afford equal opportunities to all other
candidates for that office.
B. A candidate requesting such equal opportunities of HBTV-3
shall have the burden of proving that he or she and the opponent
are _legally qualified candidates for the same office .
A request for equal opportunity for use of HBTV-3 must be
submitted to the Channel Manager within one week of the day on
which the first prior use, giving rise to the right to equal
time , occurred , provided that such candidate or spokesperson
was not already offered an opportunity to appear on HBTV-3 on
an equal basis with all other candidates or spokesperson for
that office or issue.
C. When scheduling for equal time programming , the Channel Manager
will do his best to provide the opponent ( s) airtime on a similar
day, at a similar time, and under similar conditions as the prior
cablecast , and within as efficient and effective time period
as possible, but with no guarantee of being able to match cablecast
conditions exactly. All decisions on equal time program schedules
-11-
will be made by the Channel Manager and shall be final .
D. Programming by any other governmental group, individual or
entity who is not an official branch of the City of Huntington
Beach , or a member of the PCTA, may be allowed if the event or
program to be taped is co-sponsored by the City of Huntington
Beach, or special permission is obtained from the Channel Manager.
Recognizing that the operations of HBTV-3 are funded by
the cable television customers of DPC in Huntington Beach , the
City of Huntington Beach may require payment of all expenses
of programming by other governmental agencies, including PCTA
members, should HBTV-3 , the Public Information Office Video Unit ,
be asked to produce programming for the other governmental agency.
PROGRAM TYPES
Programming viewed on HBTV-3 will fall into one of the following
programming categories , listed by scheduling priority:
A. EMERGENCY
May consist of _live, taped or Alpha Numeric programming ,
shown at any time, as emergency dictates . The purpose of this
programming will be to inform residents of emergency situations ,
and to instruct viewers in evacuation, detour, notification and
escape procedures . In the case of an emergency, regularly scheduled
programming may be interrupted or cancelled . The content and
scheduling of any emergency programming must be approved by the
Emergency Operations Manager or his designee .
B. LIVE PROGRAMS
Live coverage of City Council and Planning Commission meetings
currently takes place on a bi-weekly basis, or more often, in
-12-
the City of Huntington Beach . Meetings are carried gavel-to-gavel
without editing or editorial comment unless the body asks that
a lesser portion be televised. Other live program possibilities
include events coverage, such as the 4th of July Parade, or live
phone-in programs .
C . LOCALLY PRODUCED PROGRAMS AND SERIES
Most programs and series will be produced by in-house staff
for Cable Channel 3 and will be directly related to city issues
or government-sponsored programs, or will be of a general information
nature , such as health , cultural or _lifestyle programming .
D. OUTSIDE PROGRAMMING
On occasion, pre-produced programming may be submitted or
made available for use on Cable Channel 3 . Such programming
will be screened for suitability and compliance with Channel
Objectives and Programming Regulations, and may be approved by
the Channel Manager for scheduling on Cable Channel 3 .
E . ALPHA-NUMERIC
A bulletin board style service used to display city-related
messages to the public, this mode of programming will be used
as filler, when no other video programming is scheduled on HBTV-3 .
Access to this service is open to city governments , as well as
to the general public . Message content and decisions on message
suitability will be governed by Channel Objectives and Programming
Regulations .
F . SATELLITE RECEPTION
Programming suitable for re-transmission may be obtained
through satellite reception. Programs to be re-transmitted shall
-13-
meet all requirements of these regulations for luitability that
apply to locally produced programming . Satellite receptions
may be videotaped for later broadcast or for use by city departments
in training programs . In all cases , the Channel. 3 Working Group
shall observe all applicable rules concerning copyrights .
CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA
member cities and departments , providing the proposed programming
is consistent with the policies of the member city .
Recognizing that not all of the PCTA cities may be able
to produce sufficient volume of programming to warrant segmentation
of distribution, the Channel Manager will make every reasonable
effort to integrate the programming of the member cities into
a schedule which will result in the maximum opportunity for viewership
in each of the member cities . If two or more events are scheduled
for the same time, and each are of such a nature that each must
appear at the same time on the same channel , then the Channel
Manager shall arrange with DPC for segmented distribution , each
program then appearing at the same time in the appropriate city
or cities .
ACCESS PROCEDURES
HBTV-3 is a Municipal Access Channel , open to the various
city government entities for the dissemination of government-related
information to the viewing public . Access to the channel may
range from submitting a public service announcement for the Alpha-Numeric
service, to putting in a request for event coverage, to working
side-by-side with the Channel 3 Working Group to produce a program
-l 4-
or program series . •In each case , proper procedures must be followed
before access will be provided.
A . Alpha-Numeric Procedures
.1 . All city departments , agencies and organizations may
submit public service messages to be displayed in alpha-numeric
form on Cable Channel 3 duringnon-programminghours. Al.l messages
g
must be submitted in writing , and must be submitted at least
three working days prior to the requested start date . Forms
for this service are available in the Public Information Office ,
City of Huntington Beach , 2000 Main Street , Huntington Beach ,
California 92648 , ( 714) 536-5511 . Mail or bring messages to
the Public Information Office. No announcements will be taken
over the phone, except in the case of an emergency.
2 . Messages submitted by a city department must be approved
by the appropriate department head.
3 . Messages are input by the Channel 3 staff on a "character
generator" and appear on the TV screen a "page" at a time. Messages
should be concise, and should contain basic information concerning
what , when, where, how, and how much . If necessary, the Video
Unit will edit the message to improve readability, to make it
fit on one screen page, or to insure message is grammatically
correct .
4. All submitted messages must be accompanied by:
1 . The name of the submitting agency
2 . The name of a contact person
3 . A phone number where that person may be reached ,
and whether or not that information is to appear in the messaage .
-15-
Submissions should include desired start and end dates .
5 . No classified ads , commercial messages or commercial
solicitations of funds will be allowed on Cable Channel 3.
6 . Receipt of a public service message does not in any
way guarantee its appearance on Cable Channel 3 . Suitability
for this channel and compliance with city policies will be determined
by the Channel Manager . The date of input and the length of
run of any message will be determined by staff availability and
channel capacity.
7 . Every attempt will be made to input all messages received
by the Video Unit . In the case that channel capacity is full ,
messages will be carried a maximum of three days each, and on
a first-come, first-served basis , with the following priorities:
a . Emergency and public service notification messages,
originated by Police, Fire or Emergency Services as approved
by management ;
b. Announcements ordered by the City Council ;
C . Announcements ordered by the City Administrator ;
d. Announcements submitted by City Department Heads ;
e . Announcements submitted by the general public .
B. Event Coverage Procedures
1 . To request coverage of an event by the Video Unit , the
appropriate city department representative must fill out and
submit a Communications Services Project Request Form. Forms
may be obtained in the City of Huntington Beach Public Information
Office , 2000 Main Street , Huntington Beach , California 92648
( 714) 536-5511 .
-16
2 . Applicant will be required to provide the name , date ,
location and purpose of the event . Also required will be details
regarding what the taping crew will need to know in advance about
the location, activity, crowd, etc . , and whether or not the event
will further the channel objectives .
3. It is the responsibility of the applicant to obtain
all on-site approvals and off-site permissions for taping . This
includes permission from property or business owners, performers,
event coordinators , etc . Approvals should all be obtained prior
to submitting Project Request Form. Channel Manager may ask
for proof of approvals prior to considering the request , and
will require applicant to sign a statement that all necessary
clearances have been secured .
4. It will be the applicant ' s •responsibility to pay any
extra costs incurred by the production , including , but not limited
to , all admittance fees , additional props and sets , talent costs ,
copyright fees, artwork and graphics , union or other professional
association fees , clearance fees , royalties and permission fees.
5 . The Project Request Form should be submitted a minimum
of ten ( 10 ) working days prior to the scheduled event .
6 . A request originating from any city department must
be approved by the appropriate department head .
7 . The Channel Manager will consider each request based
on
a . Compliance with city policies
b. Availability of staff
C. Availability of equipment and facilities
-17-
• •
d. Capabilities of staff and equipment
8. Receipt of Project Request Form does not in any way
guarantee approval of applicant ' s request . Channel Manager may
turn any request over to the DPC local origination staff if he
deems it appropriate .
9 . Completed kprogr_ams and all work footage shall be the
sold property of Huntington Beach. Copies of completed programs
may be purchased on 1/2-inch or 3/4-inch videotape at a purchase
price to be set by resolution of the City Council .
10. It is the policy of the Video Unit to retain completed
programs for up to a maximum of six months . During that period,
tapes may be retained , or erased , at the discretion of the Channel
Manager. Work footage will be erased immediately upon the completion
of the program, and will not be available to anyone for any purpose .
C. Equipment Usage Procedures
1 . Video equipment and facilities may be used in studio,
or in the Council Chambers , by members of city departments and
agencies, only under the direct supervision of Video Unit staff ,
and only after successfully completing a video basics check-out
drill . Equipment may riot be taken from City Hall premises .
2 . Equipment will be available on a first-come, first-served
basis during regular business hours only.
3 . To request use of the Channel 3 Working Group facilities ,
approved users must file an Equipment Use Request Form, no less
than five ( 5) working days prior to the request date . The applicant
will be required to state the date and time the facilities are
requested, list the equipment required, and describe the event
-18-
I
or the program to be taped . If approved, the applicant and any
crew members (who must also be approved users) may use the equipment
while in the presence of a Video Unit staff member. No user
will permit an unapproved person to operate the equipment at
any time .
4 . While HBTV-3 may choose at various times to conduct
video training sessions for the benefit of city staff members,
they will in no way be obligated to conduct any other such sessions
except by direction of the City Administrator .
5 . Right of usage by any authorized person or agency will
be limited to equipment and facilities provided. HBTV-3 is not
obligated to allow city equipment or facilities to be interfaced
with any other equipment or facilities . Any user tampering with,
adjusting or altering any city equipment or faciliti may be subject
to immediate forfeiture of their right to use said equipment
or facilities .
6 . Use of equipment for personal , commercial or any other
non-government related purposes will not be allowed.
7 . Applicants will not be authorized to tape an event or
program already being covered by the Channel 3 Working Group.
8 . Approval of a1..1 equipment requests are subject to equipment
availability . Emergencies , unforeseen complications , equipment
failure , and official city business may necessitate cancellation
of equipment usage rights at any time .
9 . Completed programs will be screened for compliance with
channel objectives and city policies, and for technical quality .
Use of equipment and facilities to produce a program will not
-19-
guarantee the program producer airtime on Cable Channel 3 . The
program may be accepted as presented, turned down completely,
or given conditional approval . In the case of conditional approval ,
the program producer may make specified changes in order to bring
the program into compliance , or may withdraw the program from
consideration altogether .
10 . The Public Information Office Channel 3 employees may
make video copies of non-copyright materials for use of city
departments or for general public relations use . Copies shall
not be made of copyright materials without permission of the
copyright holder and it shall be the responsibility of the requesting
department to obtain such permissions . In the absence of written
permission, the Public Information Officer shall presume that
no permission has been granted .
D. Airtime Request Procedures
1 . Airtime on HBTV-3 may be requested for a pre-produced
program or series, providing the program is suitable for airing
on the channel .
2. To submit a program for consideration , fill out an Airtime
Request Form describing program title, topic, format, and running
time . Turn in Airtime Request Form with program on 3/4-inch
videotape to the Public Information Office .
3 . Program will be screened for Channel 3 suitability,
compliance with Channel Objectives and City Policies and for
technical quality. The program may be accepted or rejected,
in whole or in part, by the Channel Manager based on any or all
of the qualifying criteria .
-20-
• • •
4. No programming containing commercial advertising will
be allowed on HBTV-3 .
5 . If accepted , the Channel Manager will determine when
and how often the program will appear in the Cable Channel 3
schedule , but will schedule the program no more often than specified
by the program presenter.
6 . It is the responsibility of the applicant to obtain
all copyrights and all clearances to all portions of the submitted
program including , but not limited to, video, performance , music ,
song, theatrical and film rights . The Channel Manager may require
applicant to sign a statement that all approvals have been secured .
7 . Applicant must provide all programs on 3/4-inch videotape,
to be retained by the Video Unit for the length of time that
the program is to be run on HBTV-3. If applicant wishes to have
the tape ( s ) returned after it has completed its run on Channel
3, he/she must provide a mailing envelope or carton , with address
label and sufficient postage, or should make arrangements to
pick up the tape (s) within two weeks of the end of the scheduled
run . Any tapes left longer than two weeks , unless otherwise
arranged, may be discarded or erased for re-use.
E . Emergency Procedures
1 . Emergency programming is to be originated and authorized
only by city, Police , Fire officials, Public Works or emergency
services personnel . Under no circumstances will access to Cable
Channel 3 for emergency communications be granted to anyone who
does not have the proper authority to initiate emergency procedures .
-21-
F. Live Coverage of City Functions
1 . The Video Unit currently carries 'Live coverage of the
City of Huntington Beach City Council meetings and Planning Commissioon
meetings . While such coverage is taking place, no other video
production crew will be allowed in the meeting locale (except
for production of film or videotape for news purposes by recognized
broadcast agencies ) without special permission from the Channel
Manager or the City Administrator .
2 . Live coverage of any other city meetings in any of the
other PCTA cities will require permission from the affected city
and may require payment of expenses of production , if produced
by the Huntington Beach Video Unit.
3 . In the event that a production unit other than the Channel
3 Working Group obtains the authority and the capacity to produce
live coverage of city meetings , airtime on HBTV-3 must be arranged .
The Channel Manager and the Video Unit will make every effort
to cooperate with any production unit that has obtained the proper
clearances and has the physical capacity to produce broadcast
quality live coverage of other PCTA city meetings .
4 . Unless otherwise authorized by the affected city, meeting
coverage can be achieved by a standardization of taping procedures .
5 . The highest quality of responsible meeting coverage
can be achieved by a standardization of taping procedures.
a. Presentation by the public , visuals , overheads ,
performances, etc. , should be assigned to one location, which
is to be equipped with proper lighting, microphones, camera angles ,
etc.
-22-
b. Coverage of the meeting ' s proceedings should be
objective , with camera shots limited to straight on head-and-shoulders
shots of speakers , and cover shots of meeting participants .
Directors should avoid subjective close-ups, unique angles, harsh
or tinted lighting , and camera shots that portray anyoone in
a particularly negative or unfavorable manner .
6. Tapes from the City of Huntington Beach City Council
and Planning Commission meetings, if such meetings are taped,
may be -retained for a minimum of six ( 6) months . Any requests
for retention beyond the six months should be made in writing
to the City Clerk. These tapes may be viewed by appointment
during normal business hours. Copies of these tapes may be purchased
from the City Clerk on 1/2-inch or 3/4-inch tape at a purchase,
price to be set by resolution of the City Council .
7 . These tapes shall not be considered an official record
of the meeting , and there will be no obligation on the part of
the Video Unit to provide these tapes to anyone , except under
the conditions just stated.
-23-
REQUE%-.o FOR CITY COUNG.— ACTI 0/r. 1- bra
Date August 22, 1990
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrat
0
Prepared by: William G. Reed, Public Information Office
r
APPROVED BY CITY-, C46--b. I
Subject: CHANNEL 3 OPERATING POLICY .
140
Consistent with Council Policy? [X] Yes New Policy or Excep ion— CITY CTYW
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
Huntington Beach city cable television channel HBTV-3 is governed by an
Operating Policy adopted by the City Council in 1986. Minor changes in the
laws and in operations of the channel required updating the policy.
RECOMMENDATION
Adopt the Channel 3 Operating Policy as revised.
ANALYSIS
Minor changes were required to keep the Channel 3 Operating Policy current.
A Council./staff committee--Don MacAllister, Jim Silva, Rich Barnard and
Bill Reed--reviewed the changes and recommend adoption of the revised
policy. Changes and additions are indicated in the attached DRAFT.
FUNDING SOURCE
N/A
ALTERNATIVE ACTIONS
Do not adopt this policy.
ATTACHMENTS:
Copy of DRAFT Revision of Channel 3 Operating Policy.
MTU:RB:WGR: jh
D In r1529z
CITY OF HUNTINGTON BEACH
CABLE CHANNEL 3
OPERATIONS POLICY
1990
PUBLIC INFORMATION OFFICE
(714) 536-5511
(CHANNEL 6 POLICY ADOPTED BY CITY COUNCIL ON MAY 5, 1986)
r ' r
PREAMBLE
Cable television can be a First Amendment forum for the people and
institutions which do not have direct access to the airwaves by the simple
fact of not owning a television station.
Cable television can be a meeting place for ideas , a means to show to
people how their community works, about community health, recreation and other
services available to all , and about those available to. the few.
For local government having access to the home television set presents
unique opportunity to inform the citizens of the workings of government and
about life in the community.
It also presents a unique challenge in preservation and promotion of the
principles of the First Amendment to the Constitution of the United States .
While operation of a cable television government access channel is a
unique public relations vehicle, it should be operated according to good
business practice. It has many characteristics associated with the field of
journalism which has grown strong in this country because of the free speech
provisions of the First Amendment.
To a great extent, government has been and is in the "business" of
providing public education and information in order to clarify public issues
and to reduce public divisiveness and controversy. The rule of the majority
is a basic principle without which free government could not exist, but that
rule brings into play a new perception of the First Amendment as it relates to
cable television.
Cable television has been largely a medium for "narrow—casting" , that is ,
programming aimed at small interest groups and individuals rather than the
masses served by the television networks.
Suitable programming includes those that do not always have wide or
majority appeal . It includes offerings aimed at the interest groups not
served by the mass media and those designed to serve the needs of the few as
well as the many. Almost universally, however, these are not programs dealing
with highly critical and controversial issues .
In fact, cable television offers an opportunity to examine all that goes
on in a community. There will always be differences of opinion about the
issues of the day. One person may not care to watch a program about the
problems and accomplishments of the oldsters in the community, for instance.
Another person may find that just the reason for subscribing to cable
television.
Some people may not like to see public discussion of the flaws or, seams in
the fabric of community life, problems such as crime, disease or even potholes
in the streets.
— 2 —
Yet, discussion of these problems could lead to public awareness and then
a willingness to find solutions. Cable television can beta factor in building
a sense and understanding of community life and be an aid . to greater and more
knowledgeable involvement. It can stimulate interest, awareness and concern
that leads to action.
Cable television access by the city government does not mean that everyone
will be interested and happy with each program. Indeed, it is possible that
any given program may have fans and detractors , those who can' t see why the
program is on television at all , and those who want more of the same kind of
offering.
It is not the exclusive medium for the rich and powerful , nor the means to
fame for the beautiful people or even the avenue for the talented and glib.
Cable television can be and should be the people' s means for exchanging ideas
and information. It can be "home town" at its best.
- 3 -
NOTE
This regulation applies primarily to cable television operations by the
City of Huntington Beach and anticipates that cable television distribution to
other cities of the Public Cable Television Authority may be segmented in the
future or other channels assigned to individual cities. However, this
regulation provides for inclusion of programming by and for other of the PCTA
cities at no cost to Huntington Beach, if such programming is available, or if
it can be produced with reasonable expenses borne by the requesting PCTA city.
— 4
BACKGROUND
Cable Channel 3 is one of four PCTA cable access channels set aside in the
original cable television franchise granted by the Public Cable Television
Authority to the predecessor of
Paragon Cable Company, reserved for use by the local municipalities and their
organizations . The four channels, as outlined in the franchise, were to be
assigned and programmed as follows:
1 Channel - PCTA - Community Oriented Programming
1 Channel - Education - City Educational Districts
1 Channel - Area Government - Municipal and Government Services ,
Police, Fire, Public Works , Recreation, etc.
1 Channel - Spare
Through the years , these channels have been reassigned somewhat, as
appropriate agencies stepped forward with the desire and facilities to make
use of these channels .
When the original franchise was granted, the PCTA intended to become
involved in programming. Since then the PCTA has determined that it would not
enter into programming. In addition, Federal laws now provide for public
access to members of the community through the PEG channels outlined in the
Cable Communications Act of 1984.
Coastline Community College now programs Qua W/0 one channel with
accredited telecourses . Another channel has been dedicated to
carriage of C-SPAN, a national satellite program service that delivers live
coverage of the U. S. House of Representatives , and other public affairs
programming 24 hours a day. And Cable Channel 3 is the access channel
designated for use by the four PCTA municipalities - Huntington Beach,
Fountain Valley, Westminster and Stanton, for dissemination of. municipal
government programming.
The first government access programming on this channel was live City
Council meetings produced by 0P0/0t6ttiMM H O the cable company staff in
1982. Live Council coverage was conducted at least once in all four PCTA
cities to test the system and to demonstrate to. Council members , staff and
public attendees what would be entailed in regular meeting coverage.
The City of Huntington Beach continued to pursue the prospect of
initiating Council coverage capabilities. And while the wheels were set in
motion to create the Huntington Beach Video Unit, the 0w0 cable company
programming staff continued to provide live gavel-to-gavel coverage of the
Huntington Beach City Council meetings for the next twelve months .
In 1983, Huntington Beach took over transmitting live coverage of City
Council meetings over the cable system. Since then," the Video Unit has grown
in both size and scope of responsibility. The facilities now include full
multi-camera switching capabilities , a staff of full and part-time production
crew members , portable production and editing facilities, and in-studio
WIH production of programs geared toward the general public and
regularly covers city-sponsored events throughout the city.
- 5 -
The Video Unit operates as a branch of the Huntington Beach Public
Information Office at 2000 Main Street, Huntington Beach, California 92648,
(714) 536-5511 . The Public Information Officer acts as Channel Manager of
Cable TV 3, bear.ing all responsibility for all aspects of the channel and
Video Unit operation.
The high visibility of Cable Channel 3 throughout the PCTA and the
aggressiveness of the Channel 3 Video Unit has precipitated the need for a
formal set of regulations and operational procedures. The following
Administrative Regulations, approved by the Huntington Beach City Council ,
will serve as the official operating rules of Huntington Beach Cable Channel 3.
- 6 -
REGULATIONS GOVERNING USE OF THE
GOVERNMENT ACCESS CHANNEL
PURPOSE
The purpose of these regulations is to provide for the use of Cable
Channel 3, Government A�tOii Channel , and to describe its use by the City
of Huntington Beach. HBTV-3 is a government channel as provided for in the
Cable Communications Policy Act of 1984. This Federal legislation establishes
government channels , educational channels and public channels for use by each
of these broad groups .
HBTV-3 is a government channel and is not required by law to offer access
to other than the government. However, as a matter of fairness HBTV-3 does
offer opportunities for other opinions to be heard within the rules of HBTV-3
OBJECTIVES
The objectives for use of Cable Channel 3 are as follows :
A. To serve as an on—going source of information for the citizens of the
PCTA cable service area.
B. To increase the knowledge of these citizens of the functions and
responsibilities of municipal government, and the functions of the various
departments and commissions .
C. To serve as the official information center in the case of a local
emergency situation; i .e. , flood, fire, crime, etc.
D. To supplement the public safety awareness efforts of the local Police
and Fire Departments.
E. To assist in the in—house training of various city department
employees .
— 7 —
CHANNEL ADMINISTRATION
Cable Channel 3 is an operating branch of the Public Information Office of
the City of Huntington Beach. Programming activities and program schedules
for the channel are the responsibility of the Public Information Officer
acting in the capacity of Channel Manager. The costs associated with the
City' s involvement in Cable Channel 3 will be paid for with the franchise fees
received from OPC the cable franchise as provided for in the Franchise
Agreement, from general funds of the city, in accordance with PCTA policies,
and City of Huntington Beach policies .
Channel 3 may solicit and accept grants for operations or production of
particular types of programming.
PROGRAMMING STATEMENT
Cable Channel 3 will provide information to the citizens of the PCTA cable
service area concerning the functions, activities, programs and issues of the
M169 city. The channel is not intended to be used as an exclusive
political forum by an individual or group, nor as a mechanism for building
exclusive support for a particular person, program or issue. Use of the
channel by a politically—oriented individual or group shall be governed by the
operating procedures as set forth herein, and by the rules of the Federal
Communications Commission (FCC) as they may apply to operations of Cable
Channel 3.
The variety of opinions and of programming on the government access
channel will preclude agreement by the City Council members , administration
and city staff with all opinions which may be broadcast on the channel ;
therefore, the Channel Manager will cause a statement to be included with each
day' s programming to the effect that the opinions expressed on the channel do
not necessarily reflect those of the official city staff, administration or
City Council .
8 —
In addition, the opening message for each day' s programming will carry a
statement to the effect that in case a responsible organization differs with a
program or statements expressed on HBTV-3 reply time will be provided by the
Channel Manager within the same format and as nearly as possible under the
same conditions as the original program.
The Channel Manager reserves the right to review all programs , proposed
and completed, to determine compliance with Programming Regulations and
Channel Objectives . Any program under consideration may be accepted as
presented, may be turned down completely, or may be given conditional
approval . In the case of conditional approval , a program may be deemed
appropriate and worthy, except for stated objectional or offensive program
portions , which will be listed as needing revision or deletion from the
program. The presenter of the program will then have the option of making all
specified changes or withdrawing the program from consideration altogether.
PROGRAMMING RESTRICTIONS
The Public Information Office recognizes the programming content
restrictions imposed on HBTV-3 by the Federal Communications Commission (FCC)
Regulations, by prevailing community standards and good taste, and by
applicable Federal , state and local laws .
In particular, the Video Unit will not cablecast, or allow to be
cablecast, any programming containing the following:
A. Obscene or indecent material .
1 . Obscenity or indecency will be determined by the Channel Manager
and will be judged according to prevailing community- standards .
2. In the case of programs deemed to be worthy or of social or
artistic value, but also containing some program content or language that may
be considered offensive to some viewers , the following message may be run
prior to the program, and during any natural program break:
9 -
"The following/Mi program has been deemed worthy of cablecast on
Cable Channel 3, but contains language or other program content that may be
offensive to some viewers . Viewer discretion and parental guidance are
advised. "
B. Information or advertising concerning an illegal lottery.
C. Paid advertising material designed to promote the sale of commercial
products or services, or any programming in which commercial appeals for funds
are made. Grants for programming purposes shall not be considered as
advertising.
1 . Paid advertising material includes , but is not limited to, the
following:
a. Advertising by or on behalf of a candidate for public office.
b. Paid messages whose primary purpose is intended to promote a
single service, product, trade, or business .
c. Program material made available without charge by persons ,
corporations , or institutions which have a commercial interest in the subject
matter. This provision shall not prevent the identification, by name only, of
persons or institutions providing grants or contributions to underwrite the
cost of programs unrelated to the commercial interests of the donor or to
programs which have a public interest overriding the private commercial
interests .
D. Copyrighted material , unless clearances for use have been obtained,
and written proof of such clearance can be presented.
E. Illegal programming which is prohibited by applicable Federal , state
or local laws .
— 10 —
POLITICAL BROADCASTS
A. Declared candidates for any elective public office and persons
advocating any cause, viewpoint or policy, proposed or otherwise, will not be
eligible to appear on HBTV-3, except in a program or series where the format
allows for all candidates or sides of an issue to be heard on an equal basis
and within the same format.
A person is deemed to be a candidate for public office from the time that
person takes out nomination papers for public office.
Candidates for public office may appear on HBTV-3 on a bona fide news
program; a news documentary, if the appearance of the candidate is incidental
to presentation of the subject matter; or in coverage of official city
meetings such as City Council or boards or commissions .
Cable Channel 3 and the Channel Manager will make every effort to ensure
that any appearance, except as authorized in Section A. 2. , by any qualified
political candidate on HBTV-3 will abide by these restrictions , and will
tailor such appearances so as to minimize the fact of their candidacy.
Decisions on allowable program formats and appearances by qualified
political candidates will be made by the Channel Manager. Should an
appearance by a qualified political candidate be determined to fall outside of
the categories of exempt programming mentioned above, then HBTV-3 will afford
equal opportunities to all other candidates for that office.
B. A candidate requesting such equal opportunities of HBTV-3 shall have
the burden of proving that he or she and the opponent are legally qualified
candidates for the same office.
A request for equal opportunity for use of HBTV-3 must be submitted to the
Channel Manager within one week of the day on which the first prior use,
giving rise to the right to equal time, occurred, provided that such candidate
- 11 -
or spokesperson was not already offered an opportunity to appear on HBTV-3 on
an equal basis with all other candidates -or spokesperson for this office or
issue.
C. When scheduling for equal time programming, the Channel Manager will
do his best to provide the opponent(s) airtime on a similar day, at a similar
time, and under similar conditions as the prior cablecast, and within as
efficient and effective time period as possible, but with no guarantee of
being able to match cablecast conditions exactly. All decisions on equal time
program schedules will be made by the Channel Manager and shall be final .
D. Programming by any other governmental group, individual or entity
OWN not an official branch of the City of Huntington Beach, or a member
of the PCTA, may be allowed if the event or program to be taped is
co-sponsored by the City of Huntington Beach, or special permission is
obtained from the Channel Manager.
Recognizing that the operations of HBTV-3 are funded by the cable
television customers of OPe the cable company in Huntington Beach, the City
of Huntington Beach may require payment of all expenses of programming by
other governmental agencies , including PCTA members , should HBTV-3, the Public
Information Office Video Unit, be asked to produce programming for the other
governmental agency.
PROGRAM TYPES
Programming viewed on HBTV-3 will fall into one of the following
programming categories , listed by scheduling priority:
A. EMERGENCY
May consist of live, taped or Alpha Numeric programming, shown at any
time, as emergency dictates . The purpose of this programming will be to
inform residents of emergency situations, and to instruct viewers in
12 -
evacuation, detour, notification and escape procedures . In the case of an
emergency, regularly scheduled programming may be interrupted or cancelled.
The content and scheduling of any emergency programming must be approved by
the Emergency Operations Manager or his designee.
B. LIVE PROGRAMS
Live coverage of City Council and Planning Commission meetings
currently takes place on a bi-weekly basis, or more often, in the City of
Huntington Beach. Meetings are carried gavel-to-gavel without editing or
editorial comment unless the body asks that a lesser portion be televised.
Other live program possibilities include events coverage, such as the 4th of
July Parade or Huntington Harbour Boat Parade.
C. LOCALLY PRODUCED PROGRAMS AND SERIES
Most programs and series will be produced by in-house staff for Cable
Channel 3 and will be directly related to city issues or government-sponsored
programs , or will be of a general information nature, such as health , cultural
or lifestyle programming.
D. OUTSIDE PROGRAMMING
N/Rt� 6i' Pre-produced programming may be submitted or made
available for use on Cable Channel 3. Such programming will be screened for
suitability and compliance with Channel Objectives and Programming
Regulations , and may be approved by the Channel Manager for scheduling on
Cable Channel 3.
E. ALPHA-NUMERIC
A bulletin board style service used to display city-related messages
to the public, this mode of programming 071 may be used as filler, when no
other video programming is scheduled on HBTV-3. Access to this service is
open to city governments , as well as to the general public. Message content
and decisions on message suitability will be governed by Channel Objectives
and Programming Regulations.
— 13 —
F. SATELLITE RECEPTION
Programming suitable for re—transmission may be obtained through
satellite reception. Programs to be re—transmitted shall meet all
requirements of these regulations for suitability that apply to locally
produced programming. Satellite receptions may be videotaped for later
broadcast or for use by city departments in training programs . In all
cases ,thg Channel 3 IA&V U01Y 600 shall observe all applicable rules
concerning copyrights .
CHANNEL ACCESS
Access to HBTV-3 facilities and airtime is open to PCTA member cities and
departments , providing the proposed programming is consistent with the
policies of the member city.
Recognizing that not all of the PCTA cities may be able to produce
sufficient volume of programming to warrant segmentation of distribution, the
Channel Manager will make every reasonable effort to integrate the programming
of the member cities into a schedule which will result in the maximum
opportunity for viewership in each of the member cities . If two or more
events are scheduled for the same time, and each are of such a nature that
each must appear at the same time on the same channel , the the Channel Manager
shall arrange with OPC the cable franchisee for segmented distribution,
each program then appearing at the same time in the appropriate city or cities .
ACCESS PROCEDURES
HBTV-3 is a dlOAiU10V Government Access Channel , as outlined in the
Federal Cable Communications Act of 1984 open to the various tlft
government entities for the dissemination of government-related information to
the viewing public. Access to the channel may range from submitting a public
— 14 —
service announcement for the Alpha-Numeric service, to putting in a request
for event coverage, to working side-by-side with CVO Channel 3 06 6 HO
V600 to produce a program or program series . In each case, proper
procedures must be followed before access will be provided.
A. Alpha-Numeric Procedures
1 . All city departments , agencies and organizations may submit
public service messages to be displayed in alpha-numeric form on Cable
Channel 3 during non-programming hours . All messages must be submitted in
writing, and must be submitted at least three working days prior to the
requested start date. Forms for this service are available in the Public
Information Office, City of Huntington Beach, 2000 Main Street, Huntington
Beach, California 92648, (714) 536-5511 . Mail or bring messages to the. Public
Information Office. No announcements will be taken over the phone, except in
the case of an emergency.
2. Messages submitted by a city department must be approved by the
appropriate department head.
3. Messages are input by the Channel 3 staff on a "character
generator" and appear on the TV screen a "page" at a time. Messages should be
concise, and should contain basic information concerning what, when, where,
how, and how much. If necessary, the Video Unit will edit the message to
improve readability, to make it fit on one screen page, or to insure message
is grammatically correct.
4. . All submitted messages must be accompanied by:
a. The name of the submitting agency
b. The name of a contact person
c. A phone number where that person may be reached, and whether
or not that information is to appear in the message. Submissions should
include desired start and end dates .
15 -
5. No classified ads , commercial messages or commercial
solicitations of funds will be allowed on Cable Channel 3.
6. Receipt of a public service message does not in any way guarantee
its appearance on Cable Channel 3. Suitability for this channel and
compliance with city policies will be determined by the Channel Manager. The
date of input and the length of run of any message will be determined by staff
availability and channel capacity.
7. Every attempt will be made to input all messages received by the
Video Unit. In the case that channel capacity is full , messages will be
carried a maximum of three days each, and on a first-come, first-served basis ,
with the following priorities:
a. Emergency and public service notification messages ,
originated by Police, Fire or Emergency Services as approved by management;
b. Announcements ordered by the City Council ;
c. Announcements ordered by the City Administrator;
d. Announcements submitted by City Department Heads ;
e. Announcements submitted by the general public.
B. Event Coverage Procedures
I . To request coverage of an event by the Video Unit, the
appropriate city department representative must fill out and submit a
Communications Services Project Request Form. Forms may be obtained in the
City of Huntington Beach Public Information Office, 2000 Main Street,
Huntington Beach, California 92648, (714) 536-5511 .
2. . Applicant will be required to provide the name, date, location
and purposeof the event. Also required will be details regarding what the
taping crew will need to know in advance about the location, activity, crowd,
etc. , and whether or not the event will further the channel objectives .
16 -
3. It is the responsibility of the applicant to obtain all on—site
approvals and off—site permissions for taping. 'This includes permission from
property or business owners , performers , event coordinators, etc. Approvals
should all be obtained prior to submitting Project Request Form. Channel
Manager may ask for proof of approvals prior to considering the request, and
will require applicant to sign a statement that all necessary clearances have
been secured.
4. It will be the applicant' s responsibility to pay any extra costs
incurred by the production, including, but not limited to, all admittance
fees , artwork and graphics , union or other professional association fees,
clearance fees , royalties and permission fees .
5. The Project Request Form should be submitted a minimum of ten
(10) working days prior to the scheduled event.
6. A request originating from any city department must be approved
by the appropriate department head.
7. The Channel Manager will consider each request based on:
a. Compliance with city policies
b. News or entertainment value
c. Availability of staff
d. Availability of equipment and facilities
e. Capabilities of staff and equipment
8. Receipt of Project Request Form does not in any way guarantee
approval of applicant' s request.
9. Completed programs and all work footage shall be the sole
property of the City of Huntington Beach. Copies of completed programs may be
purchased on 1 /2—inch or 3/4—inch videotape at a purchase price to be set by
resolution of the City Council .
17 —
10. It is the policy of the Video Unit to retain completed programs
for up to a maximum of six months. During that period, tapes may be retained,
or erased, at the discretion of the Channel Manager. Work footage will be
erased immediately upon the completion of the program, and will not be
available to anyone for any purpose.
C. Equipment Usage Procedures
1 . Video equipment and facilities may be used in studio, or in the
Council Chambers , by trained members of city departments and agencies with the
approval of the M661001flRiff
Channel Manager
L Equipment will be available on a first-come, first-served basis
during regular business hours only.
3. To request use of the Channel 3 NY`OOtIONOO facilities ,
approved. users must file an Equipment Use Request Form, no less than five (5)
working days prior to the request date. The applicant will be required to
state the date and time the facilities are requested, list the equipment
required, and describe the event or the program to be taped. lfliootOVOd�
4. While HBTV-3 may choose at various times to conduct video
training sessions for the benefit of city staff members , they will in no way
be obligated to conduct any other such sessions except by direction of the
City Administrator.
5. Right of usage by any authorized person or agency will be limited
to equipment and facilities provided. HBTV-3 is not obligated to allow city
equipment or facilities to be interfaced with any other equipment or
18 -
facilities . Any user tampering with, adjusting or altering any city equipment
or facilities may be subject to immediate forfeiture of their right to use
said equipment or facilities.
6. Use of equipment for personal , commercial or any other
non-government related purposes will not be allowed.
7. Applicants will not be authorized to tape an event or program
already being covered by fKi Channel 3. IA6M0t1GM001
8. Approval of all equipment requests itO is subject to equipment
availability. Emergencies, unforeseen complications, equipment failure, and
official city business may necessitate cancellation of equipment usage rights
at any time.
9. Completed programs will be screened for compliance with channel
objectives and city policies, and for technical quality. Use of equipment and
facilities to produce a program will not guarantee the program producer on
Cable Channel 3. The program may be accepted as presented, turned down
completely, or given conditional approval . In the case of conditional
approval , the program producer may make specified changes in order to bring
the program into compliance, or may withdraw the program from consideration
altogether.
10. The Public Information Office Channel 3 employees may make video
copies of non-copyright materials for use of city departments or for general
public relations use. Copies shall not be made of copyright materials without
permission of the copyright holder and it shall be the responsibility of the
requesting department to obtain such permissions . In the absence of written
permission, the Public Information Officer shall presume that no permission
has been granted.
11 . Video tape considered obscene shall not be brought into Citx
Hall , nor into the Video Unit, any video control room or be present at any
19 -
time in the possession of a member of the Video Unit or video volunteer on any
shoot, either in the field or inside any municipal building.
D. Airtime Request Procedures
1 . Airtime on HBTV-3 may be requested for a pre-produced program or
series , providing the program is suitable for airing on the channel .
2. To submit a program for consideration, f111160t an Airtime
Request Form describing program title, topic, format, and running time is
required with a 3/4-inch videotape of the program. 1'Otd/HlaHtaNIR0000it
3. Program will be screened for Channel 3 suitability, compliance
with Channel Objectives and City Policies and for technical quality. The
program may be accepted or rejected, in whole or in part, by the Channel
Manager based on any or all of the qualifying criteria.
4. No programming containing commercial advertising will be allowed
on HBTV-3 unless there is an overriding public interest.
5. If accepted, the Channel Manager will determine when and how
often the program will appear in the Cable Channel 3 schedule, but will
schedule the program no more often than specified by the program presenter.
6. It is the responsibility of the applicant to obtain all
copyrights and all clearances to all portions of the submitted program
including, but not limited to, video, performance, music, song, theatrical and
film rights . The Channel Manager may require applicant to sign a statement
that all approvals have been secured.
7. Applicant must provide all programs on 3/4-inch videotape, to be
retained by the Video Unit for the length of time that the program is to be
run on HBTV-3. If applicant wishes to have the tape(s) returned after it has
completed its run on Channel 3, he/she must provide a mailing envelope or
carton, with address label and sufficient postage, or should make arrangements
- 20 -
to pick up the tape(s) within two weeks of the end of the scheduled run. Any
tapes left longer than .two weeks., unless otherwise arranged,; may .be discarded
or erased for re-use.
E. Emergency Procedures
1 . Emergency programming is to be originated and authorized only by
tlft Administration, Police, Fire Wfifili, Public Works or emergency
service personnel . Under no circumstances will access to Cable Channel 3 for
emergency communications be granted to anyone who does not have the proper
authority to initiate emergency procedures .
F. Live Coverage of City Functions
1 . The Video Unit currently carries live coverage of the City of
Huntington Beach City Council meetings and Planning Commission meetings .
While such coverage is taking place, no other video production crew will be
allowed in the meeting locale (except for production of film or videotape for
news purposes by recognized broadcast agencies) without special permission
from the Channel Manager or the City Administrator.
2. Live coverage of any other city meetings in any of the other PCTA
cities will require permission from the affected city and may require payment
of expenses of production, in produced by the Huntington Beach Video Unit.
3. In the event that a production unit other than tVO Channel 3
WV VI OIVOOO obtains the authority and the capacity to produce live
coverage of city meetings , airtime on HBTV-3 must be arranged. The Channel
Manager and the Video Unit will make every effort to cooperate with any
production unit that has obtained the proper clearances and has the physical
capacity to produce broadcast quality live coverage of other PCTA city
meetings.
4. Unless otherwise authorized by the affected city, meeting
coverage can be achieved by a standardization of taping procedures,.
21 -
5. The highest quality of responsible meeting coverage can be
achieved by a standardization of taping procedures.
a. Presentation by the public, visuals , overheads,
performances, etc. , should be assigned to one location, which is to be
equipped with proper lighting, microphones , camera angles , etc.
b. Coverage of the meeting' s proceedings should be objective,
with camera shots limited to straight on head-and—shoulders shots of speakers ,
and cover shots of meeting participants . Directors should avoid subjective
close—ups , unique angles , harsh or tinted lighting, and camera shots that
portray anyone in a particularly negative or unfavorable manner.
6.- Tapes from the City of Huntington Beach City Council and Planning
Commission meetings , if such meetings are taped, may be retained for a minimum
of six (6) months . Any requests for retention beyond the six months should be
made in writing to the City Clerk. These tapes may be viewed by appointment
at the office of City Clerk during normal business hours . Copies of these
tapes may be purchased from the City Clerk on 1 /2—inch or 3/4—inch tape at a
purchase price to be set by resolution of the City Council .
22 —