What Is Waterloo Community Television?
Waterloo Community Television (hereafter referred to as WCTV) is the public access television station for the residents of Waterloo. Waterloo city residents who subscribe to the Mediacom cable service in Waterloo have the opportunity to view WCTV.
WCTV is administered by the City Clerk of the City of Waterloo, and the City Clerk supervises the Cable Television Production Coordinator and Cable Production Assistant.
WCTV is dedicated to providing individuals, groups, and organizations an opportunity for delivering a message, an opinion, or other communication to the citizens of Waterloo.
Who Can Use the Public Access Channel, Equipment and Facility?
The purpose of the facility and equipment is for the public, in a not-for-profit and non-commercial setting, to produce television programs for showing on WCTV.
With that in mind, any person who lives in the Waterloo city limits or any group or organization whose local office address is in the city limits of Waterloo can use the facility. These persons or groups will be provided free access to designated programming facilities, equipment, and scheduled program playback times for the transmission of their television programs on WCTV. Before using the studio and equipment, a person must attend a training session and receive a certificate of completion issued by a staff instructor.
Access will be provided regardless of race, ethnic background, sex, religion, age, disability, level of creativity, socioeconomic status, or sexual orientation.
Requests for use of the facility and equipment by a minor must be made in the name of an adult who takes all legal and financial responsibility for the minor's use.
Where and When Can I Use the Facility and Equipment?
WCTV is located in the basement of Waterloo City Hall, 715 Mulberry Street. Our business hours are posted on the studio door, or call 291-4568 for the current hours. The schedule may change without notice.
1. Playback of Sponsored Tapes/DVD
Playback on the public access channel will be limited as follows:
A. Any person or group may submit for playback no more than two programs per week.
B. Any one program may not be submitted more than three times per year at four month intervals.
C. Playback for any one program will be limited to two times in the month that it is submitted.
D. Sponsors, if they so desire, will be allowed to choose one program spot during prime time hours per week.
E. Program length during prime time hours (6:30 pm to 10:00 p.m.) for every day of the week will be limited to one hour.
F. Total length of any one program on the channel will be limited to two hours.
G. Sponsors will be limited to a total of four hours of playback time each week.
H. Exceptions to the two-hour length rule may be made at the discretion of the WCTV Production Coordinator if the program schedule allows.
I. Playback on weekend hours will be limited to one program per sponsor group.
J. Exceptions to the weekend playback rules may be made at the WCTV Production Coordinator's discretion; the Coordinator's decision will be made considering the demand for weekend program times, the number of playback decks available, and other relevant factors.
K. Any exceptions made by the WCTV Production Coordinator may be changed or withdrawn at any time.
L. Four hours of prime time will be randomly set aside each week for WCTV-sponsored programming and for timely local programs that may be submitted.
2. Studio Equipment
Studio production time will be scheduled in two (2) hour blocks, and limited to one (1) session per week for any one (1) person, group, or program. Editing sessions will be scheduled in three (3) hour blocks, with a limit of two (2) sessions per week and a total of five (5) sessions per month for each person, group, or program.
3. Field Equipment
Field cameras and audio equipment may be borrowed as follows:
1. If checked out before 2:00 p.m., all equipment must be returned by the time the studio closes for the day or by any earlier specified time due to another scheduled use of the equipment.
2. If checked out after 2:00 p.m., all equipment must be returned within one hour after the studio opens the next business day.
3. Each person or group may borrow the equipment no more than two (2) times per week and five (5) times per month.
At his or her discretion, the WCTV Production Coordinator may waive any of the limits described above.
4. Training sessions
For a description of our training workshops, click here.
For a current schedule of our workshops, call WCTV at 291-4568.
What Services Are Available and What Is the Cost?
Most services are free! Remember, the purpose of WCTV and the facility is to help you produce television programs that will be shown on the WCTV public access channel. Use of the facility or equipment for other purposes will not be allowed.
Videotapes/DVD for use in WCTV SVHS/DVD production and reproduction equipment (excluding sponsored taped programs from outside the area) must be supplied by WCTV. The producer will pay our cost of the brand that WCTV staff specifies. These tapes may be recycled as long as the reproduction quality remains high. The WCTV staff reserves the right to deny recycling because of poor technical quality.Right now our DVD+R discs are one time use only.For a VHS or DVD copy of a program, WCTV will also supply the tape/DVD at cost plus copying charge. A copy request form must be filled out to obtain a copy.
Free: Scheduling and playback of tapes/DVDs produced in the WCTV studio or at another location.
Free: Borrowing equipment to produce out of studio productions.
Free: Using WCTV studio, studio equipment, and editor.
Cost: Pay our cost of the SVHS tape or DVD+R disc for studio master program tape or field production tape.
$5.00 WCTV supplies VHS tape or DVD disc and makes the copy of requested program.
Training Session Costs
Anyone using the studio equipment in the capacity of producer, director, studio camera operator, field camera operator, editor, or production assistant must be certified by the WCTV Production Coordinator. There are three ways to become certified. First, persons who can prove to the satisfaction of the Coordinator or the Coordinator's designee that they are proficient in the use of the make and model of all the equipment in the WCTV studio that they will be using can be certified without cost. Second, persons who can prove to the satisfaction of the Coordinator or the Coordinator's designee that they are proficient in the use of similar equipment and only need to be familiarized with WCTV's specific equipment will pay one-half the regular cost to attend a brief training class to be certified for any particular position. Third, persons who need to be trained in all aspects of the WCTV equipment they will be using must attend a regular training class and pay the regular fee to be certified for that position. The person(s) who will be talent (i.e., in front of the camera) need not attend training sessions. It will be the producer's or director's responsibility to train them. The staff at WCTV will advise if requested.
$20.00 Field Equipment Certification (for use of field equipment-camera, lights, & sound)
Length of class: 2 hours
$20.00 Producer/Director Certification (for use of all studio equipment, except editors, used in the production of programs)
Length of class: 2 hours
$30.00 Editor Certification (for use of editing equipment)
Length of class: 3 hours
Click here for more information on the training workshops.
How Can I Express Myself on the Public Access Channel?
1. Legal matters.
Read, fill out, and sign the Statement of Compliance, the Program Contract, the Access User Agreement, and the Identification and Certification form for equipment users (see section VII-What Are My Responsibilities). In short, these contracts state that you take legal responsibility for the content of your program and agree to honor the guidelines and policies for use of the facility, equipment, and playback system as set up by the City of Waterloo Telecommunications Commission (hereafter referred to as CWTC). This includes, but is not limited to, policies regarding non-commercial/not-for-profit use, solicitation of funds, promotion of lottery or gambling, obscene or indecent material (as defined by law) and content that could be slanderous, libelous, an invasion of privacy, or in violation of copyright laws. Please read the policies carefully.
2. Sponsoring a program.
WCTV is a local public access channel, set up to bring locally produced programs to the citizens of Waterloo. Non-locally produced programs may be cablecast if sponsored by a Waterloo resident or group. A person or group must have the written permission of the non-local producer or copyright holder before a tape will be cablecast. WCTV reserves the right to insert an identification graphic with the local individual's or group's name before or after the cablecasting of the program.
3. Producing your own program.
This can be a fun and very rewarding experience! It can be as easy as getting your friends together and doing a talk show, or for more elaborate and organized programs, spending hours researching, scripting, and then going live to tape. You could shoot all your video outside the studio, then edit it together into a program. It's your choice. Get certified to use the equipment and we will help make it all possible. Your two options are:
A. Studio productions.
A certified producer/director with a certified crew can reserve the studio and equipment in 2-hour segments. Cameras, audio equipment, lights, graphics generator, tape recorder and player, switcher, and a neutral set background will be provided. The program will be mastered on SVHS format tape or a DVD+R Disc. You must pay our cost for the tape/disc. The length of the program is your choice, as long as equipment is put away and the crew leaves by the time the next scheduled user's time starts.
B. Field productions.
A certified person may check out a camera and audio equipment for a field production. Then schedule time on the editor and put the video together into a program. You must pay our cost of the tape/disc. Cameras and audio equipment can be checked out in accordance with the limits described in Section III. The WCTV Production Coordinator reserves the right to allow additional time for use of equipment depending on the amount of use scheduled.
At the present time, live or live call-in programs are not allowed. CWTC can review this policy in the future and reserves the right to add this service at some future date. All live and live call-in programs will be required to follow the guidelines and policies of CWTC.
What Is the Equipment Use Policy?
To use the WCTV facility and equipment, a person must first be certified. Any person using WCTV equipment must sign a Statement of Compliance, an Identification and Certification form, and a check-in/check-out sheet for field equipment. Users are financially responsible for any equipment that is lost, stolen, or damaged while in their possession or while checked out to them. Normal wear and depreciation will be considered in the replacement or repair of equipment. The WCTV Production Coordinator reserves the right to limit the size and physical design of the set that the producer/director plans to use. The Coordinator also reserves the right to refuse the use of any prop that he or she believes to be dangerous or damaging to the studio.
CWTC may choose, on a nondiscriminatory basis, to require a damage deposit fee of $25.00 each time equipment is checked out.
What Are My Responsibilities?
1. Technical Quality
The tape/disc that you sponsor or produce must have a continuous recorded control track or the playback system may reject it. The quality of the video and audio recorded on the tape/disc must be good or our playback system may reject it or the audience may not be able to see and hear your program. Also, the program must be recorded in standard recording time (SP), not long play (LP) or extended play (EP) recording time. If the tape/disc is rejected for technical quality reasons, we will suggest ways to correct the problem and then reschedule the program for playback at another time.
2. Program Content
A. On public access television, the content of the program you sponsor or produce is your legal responsibility. We cannot censor it. However, if prior to being shown, the WCTV Production Coordinator or CWTC suspects that the content of your program is in violation of any state or federal laws, the tape/disc will be pulled from the schedule and handled as provided in Section XII, "Procedures for Resolution of Censorship Issues."
B. If the content of your program is for mature audiences, we ask the producer or sponsor to put a "for mature audiences" graphic at the beginning and during breaks of the program. The staff at WCTV reserves the right to require the following graphic at the beginning and during breaks of mature content programs:
"This program is considered to be of mature theme and therefore may be considered offensive to some viewers. Viewer/parental discretion is advised."
C. The content of your program must not be for commercial use and must meet the guidelines in Section XIII, "Policy on Commercial Use of Public Access Channel."
D. Some of the following subjects are possible reasons for program content to be in violation of state and federal laws:
1. Programs that involve a lottery, any lottery material, or gambling for commercial purposes. 2. Programs that include any obscene or indecent material. 3. Programs for "commercial use" (you can use underwriting credits to identify sponsors). 4. Programs that involve libelous or slanderous content. 5. Programs that do not have all the appropriate clearances, such as copyright and use of image.
If you are in doubt whether any of the content is in violation of any laws, the WCTV Production Coordinator or staff will suggest ways to handle the subject.
E. WCTV may run the following announcement before the program or during breaks of a program:
"The content and opinions presented in the programs or bulletin boards run on this channel are not necessarily those of the City of Waterloo, its cable franchisee, the City of Waterloo Telecommunications Commission, or Waterloo Community Television."
Important Miscellaneous Guidelines, What If's, and How To's
1. At the present time we will accept SVHS, VHS tape, DVD+R, DVD-R Disc formats for playback on the public access channel.
2. It is best if there is 10-15 seconds of black on the front of tape/disc to allow for cueing the tape for the playback system. Programs produced in the studio and recorded on studio equipment must have 10-15 seconds of black on the front of the tape/disc and 15 seconds of black at the end.
3. The title of the program must be clearly written on the tape label.
4. The exact time from fade in to fade out must be written on the label in hours, minutes, and seconds.
5. If your tape/disc is damaged, lost, or stolen while in the possession of WCTV, you will be reimbursed for the price of a comparable blank tape/disc, not for expense incurred in the production of the program on the tape.
6. If because of technical problems or staff hours scheduling your tape/disc does not get played back on the system when scheduled, WCTV will reschedule the program for another time.
7. Tapes/discs must be picked up by the sponsor or producer no later than 90 days after the last scheduled playback or they will be disposed of.
8. WCTV encourages anyone who uses WCTV channel space, facilities, equipment, or other resources to obtain a homeowner's or renter's insurance policy with liability coverage to protect them in the event of a claim or litigation against them.
WCTV Public Access Bulletin Board Policy
Individuals residing in communities that receive the WCTV broadcast signal through the city of Waterloo's cable franchisee may post pages on the WCTV public access electronic bulletin board at no cost. Organizations whose local office address is within the WCTV broadcast signal reception area may also post pages on the bulletin board. As of the date of the adoption of this policy, eligible communities include Waterloo, Evansdale, Elk Run Heights, Raymond, Gilbertville, and Washburn.
1. Individuals and groups are limited to one (1) page on the bulletin board in any 7-day period.
2. Notice for posting a page on the bulletin board must be given to the WCTV Production Coordinator at the studio at least one week in advance.
3. All users must fill out a Statement of Compliance and a Bulletin Board Graphic form. The number of words per page and the font size must conform with the specifications of the Graphic form.
4. All announcements that are submitted for posting on the electronic bulletin board must meet the same content criteria as videotape programs (see Section VII.2 of these Guidelines).
5. If a notice does not appear on the bulletin board as scheduled because of staff work schedule conflict, equipment failure, or other studio problem, additional time will be given to fulfill the original scheduled time.
6. All bulletin board notices of particular events will be discontinued the day after the event occurs, even if the notice has not run seven days.
If you violate WCTV guidelines, policies, or standards, you may be subject to disciplinary action. The WCTV staff, the WCTV Production Coordinator, or CWTC may impose penalties as provided below.
A. Monetary penalties.
You will be charged a fee of $25.00 if equipment checked out by you is not returned within one-half hour after the scheduled time ends.
1. If you or anyone accompanying you disrupts or interferes with the taping of a program in the studio, you will be asked to stop. If you continue to be disruptive, you will be asked to leave the premises and will be barred from WCTV facilities for the remainder of the day. Also see "Temporary Ban from Equipment and/or Facilities" below.
2. If equipment checked out by you is not returned within one-half hour after the scheduled time ends, a warning will be noted in the WCTV records. If you accumulate three warnings within any period of sixty (60) days, or if on any one occasion you return equipment more than two hours after the scheduled time ends, your privilege to check out equipment may be suspended for up to thirty (30) days.
C. Suspension of Certification. If you or anyone accompanying you (other than persons independently certified by WCTV) injures another person in the WCTV facilities or damages WCTV equipment or facilities, your certification to use WCTV equipment or facilities may be suspended.
1. If your conduct is deemed negligent (i.e., you should have been aware that the risk of injury or damage was substantial and unjustifiable), your certification may be suspended for up to fifteen (15) days and you may be required to successfully complete another certification class.
2. If your conduct is deemed reckless (i.e., you consciously disregarded a risk of injury or damage that was substantial and unjustifiable), your certification may be suspended for up to forty-five (45) days and you may be required to successfully complete another certification class.
3. If you knowingly or intentionally caused injury or damage, or if you knowingly or intentionally change restricted electronic settings on WCTV cameras, switchers, character generators, audio equipment, editors, or other equipment, your certification may be suspended for up to ninety (90) days and you may be required to successfully complete another certification class. (Operators will be informed of restricted settings during the certification class.)
D. Suspension of Cablecast Privileges. If you knowingly or intentionally injure another person in WCTV facilities or damage WCTV equipment or facilities, or if you knowingly and intentionally violate program content standards, your privilege to submit or sponsor programs for cablecast may be suspended for up to thirty (30) days per occurrence.
E. Temporary Ban from Equipment and/or Facilities. Any person who appears to be under the influence of drugs or alcohol or who otherwise endangers WCTV equipment or facilities may be temporarily banned from the facility or from using equipment. WCTV staff may continue the ban for so long as the person poses a threat to the equipment, facility, or persons in the facility and for up to seven (7) days following the incident.
The above enforcement provisions are intended as guidelines only, and the WCTV Production Coordinator and CWTC reserve the right to deviate from them if violations are deemed repetitive or of a serious nature. However, no suspension or ban can exceed six (6) months, and no one can be permanently barred from using WCTV equipment or facilities unless so ordered by a court.
Besides being disciplined in the ways described above, you may also be liable for damages to WCTV equipment and facilities and for any other liability or penalty imposed by applicable law.
1. Request for Review
Any access user who disagrees with a WCTV staff decision about public access programming, equipment use, or facility use may request a review of the decision by the WCTV Production Coordinator. The request must be in writing and on a Request for Review form, which the user must submit within 30 days of the decision complained of. The Coordinator will review the materials submitted and issue a written determination within 15 days of receipt of the request.
2. Appeal Request
A. Initiating appeal. If the access user disagrees with the Coordinator's decision, he or she may request a review of this decision by the CWTC programming committee. The request must be in writing and on an Appeal Request form, which the user must submit within 15 days after receipt of the Coordinator's decision.
B. Hearing. Within 15 days of receipt of the Appeal Request, the programming committee chairperson will call a hearing for the purpose of hearing arguments and receiving evidence and testimony related to the grievance. The hearing will be scheduled for a time within 30 days of receipt of the Appeal Request at a time mutually agreeable to the aggrieved user and the programming committee. Hearings will be recorded by audiotape or videotape. Examination of any party to the appeal shall be under oath. Any party to the appeal may be represented by an attorney.
C. Decision. The programming committee will issue a written decision within 15 days of the conclusion of the hearing. The decision will include a brief recitation of the facts as determined by the committee and the reason(s) for the committee's decision. The committee's decision shall be the final decision of CWTC.
Procedures for Resolution of Censorship Issues
A. WCTV's Refusal to Cablecast as a Result of Private Liability Concerns
If WCTV objects to cablecasting a public access user's program, as requested, because of a good faith reasonable belief that doing so will subject it to direct and substantial liability for copyright infringement or any other claim for which there may be no civil immunity under the authority of Section 638 of the Cable Act (47 U.S.C. 558), and the producer (public access channel user) does not voluntarily agree to withdraw the program, WCTV may delay cablecasting the program for a sufficient time, not exceeding three (3) business days, to allow it to seek emergency injunctive or declaratory relief from the courts. Notice of any such action by WCTV shall be given immediately to the affected public access user and to CWTC.
B. Prior Restraint Under Color of Law
In the event WCTV or any city official or deliberative body having the requisite authority to do so decides that a program submitted to be cablecast over the public access channel should be censored in whole or part prior to being shown, or should be shown under special restrictions or at another time because its content violates pertinent criminal statutes or regulatory prohibitions, the following procedure and policy shall apply:
1. Administrative proceedings.
a. The producer of the program (public access channel user) and the Waterloo City Attorney shall be given immediate notice of the decision.
b. If CWTC itself has not already rendered a decision on the issue of censorship, restriction, or control over the content of the program, CWTC shall provide an expedited hearing on the issue of whether the program can be lawfully censored or restricted because of its content. The hearing shall be held prior to the scheduled or requested time for cablecasting of the program unless there is insufficient time remaining in which to hold the hearing. In any event, the hearing shall be provided within two (2) working days of the decision to censor or restrict the program, unless the producer (public access channel user) agrees in writing to a later date.
c. The producer (public access channel user) may, at his or her option, seek direct judicial relief from the courts without fully completing the administrative review process. The producer may also waive further hearing before CWTC, in which event the persons or bodies who are seeking to impose some form of censorship, restriction or control over the content of the public access user's program shall have the immediate burden of initiating judicial proceedings within five (5) working days to obtain a final judicial determination as to the constitutionality and lawfulness of such censorship, restriction or control, as set forth with more particularity in paragraph 2 (a), below.
d. At any administrative hearing to determine whether a program may be censored or restricted because of its content, the burden of proof and persuasion shall be upon the official or entity seeking to restrict or censor the program to establish that the content of the program is constitutionally unprotected and that it is lawfully subject to prohibition, regulation or restriction in the manner proposed.
e. The producer (public access channel user) shall be afforded full opportunity to respond, be heard, and present evidence at any such administrative hearing.
2. Judicial proceedings
a. Once CWTC has initially determined of its own accord or pursuant to hearing that all or a portion of a program contains constitutionally unprotected speech that violates an applicable obscenity statute or other constitutionally valid law restricting program content, the program-or preferably, only the offending portions thereof-may be declared ineligible to be shown or subjected to specified restrictions for a period not exceeding five (5) working days. Within that period, the CWTC and/or the party seeking to censor or restrict the program shall initiate proceedings to seek a final judicial determination of whether the allegedly offending program content is constitutionally unprotected and whether the program's producer may be permanently restricted in whole or part from cablecasting the program over the WCTV Public Access Channel.
b. Proceedings initiated to seek a final judicial determination, as set forth in paragraphs 1(c) and 2(a) above, may not be dismissed or abandoned without the consent of the affected programmer (public access channel user).
c. If any contested decision to censor, restrict or control a public access user's program or any portion thereof is not sustained or continued in effect by a timely judicial order obtained within the five (5) working days, the program shall become eligible for cablecasting without any contested restrictions.
d. The right of the affected producers to a de novo judicial determination as to whether the program content in question can be censored, regulated, or controlled shall remain unimpaired by these procedural guidelines. Specifically, decisions by CWTC to impose or uphold censorship of a public access program are interlocutory, and shall be deemed to have no force or effect upon subsequent judicial proceedings through collateral estoppel, issue preclusion, res judicata, legal precedent, exhaustion of remedies, or any other legal doctrine granting deference, discretion or effect to the determinations of administrative tribunals. Likewise, CWTC's determinations regarding censorship, control or regulation of the program content, shall have no limiting effect on the scope or standards of judicial review in any subsequent or collateral judicial proceeding considering the same issues.
C. Disciplinary Actions Following Cablecasts
The City shall not impose a penalty or consequence upon a producer (public access channel user) relating to the content of a previously cablecast access user program without affording the affected person or entity a prior hearing under fair and timely procedures. The burden of proof and persuasion at any such hearing shall be upon the City.
Policy on Commercial Use of the Public Access Channel
Statement of Intent: The City of Waterloo, Iowa has established the public access channel in its CATV system as an unrestricted, non-commercial forum for public use. It is not the intent of the City to regulate, control or restrict the content of public access cablecasts. Nevertheless, minimal control over cablecasts may be required to prevent the channel from being taken over by commercial interests to the exclusion of private users. Thus, instances of "commercial use" of the public access channel may be prohibited.
Despite this restriction, the City recognizes that public debate and discourse about important subjects often require speakers to engage in speech that has some "commercial" character, and that to some extent, it is necessary, even desirable, to permit "commercial" speech to be included within public access programming. For example, a public access program on health and nutrition might legitimately inform viewers where healthy foods can be purchased locally; a show promoting the city's economy or culture might feature an inside look at a unique local business; and a not-for-profit charity may need to mention a bazaar or raffle to rally public support in the fight against a deadly disease. Similarly, a public access programmer may wish to inform an interested viewership where it can purchase books that more thoroughly address ideas under discussion.
In all of these situations, there can be no doubt that commercial or economic interests may be advanced- even to the benefit of identifiable persons or organizations. Nevertheless, it would be difficult to promote the economy, improve the public health, or disseminate ideas without providing practical information relating to the world of commerce.
The goal of the City is not to ban all commercial speech on the public access channel, but rather to ban "commercial use." The Cable Communications Policy Act of 1984, as amended, defines "commercial use" as:
the provision of video programming . . . [i.e. "programming provided by or generally considered comparable to programming provided by, a television broadcast station],. . . whether or not for profit. (See 47 U.S.C., 531, 532)
Accordingly, in determining whether commercial use of the public access channel is occurring, the City will not simply look to whether any person, business or organization may profit from some particular aspect of a program. Instead, the City will evaluate the program as a whole to determine its overall character and nature, comparing it to programming typically carried by broadcast stations.
Policy: It is the policy of the City of Waterloo to prohibit "commercial use" of the Waterloo Community Television Public Access Channel. Speech that has "commercial" content shall be permitted on the public access channel provided that it does not occur in the context of a "commercial use" program.
Factors Considered in Evaluating Programs for "Commercial Use:"
1. The extent to which the speaker stands to personally profit in monetary terms from the content message of the cablecast.
2. Whether the program would be "commercially viable" if presented on a leased access channel.
3. Whether the program promotes a commercial service provider, product manufacturer, or distributor over equivalent commercial competitors within the cablecast market area.
4. Whether the program promotes services or products on the basis of traditional competitive economic factors such as "price" or "value" rather than upon non-economic factors such as "buy local, "buy union", "support minority business" or "buy natural".
5. Whether the program has identifiable non-commercial messages or purposes, and the extent thereof in proportion to any clearly commercial content.
6. The duration and frequency of the promotional or commercial aspects of the program and whether they are reasonably central to the program's non-commercial objectives.
7. Whether the promotion is on behalf of a not-for-profit, civic, charitable, or religious cause.
8. Whether the program was produced for commercial purposes by trade professionals or is an original, amateur presentation.
9. Whether presentation of the program on the public access channel resulted from the inability of the franchisee and the programmer to reach agreement on the price of leased access for the program.
10. Whether the program is a re-cablecast of programs that have been shown on commercial or leased channels.
11. Whether and the extent to which persons or organizations having a commercial interest in the products or services discussed in the program are identified in the opening or closing credits, the program itself, or in program breaks by name, place of business or address, telephone or facsimile number, e-mail address, or web site.
12. Whether persons or organizations that advertise or by other means offer their services to produce a program, in whole or part, or to make use of the public access channel or WCTV equipment or services, do so in exchange for monetary or in-kind compensation.
Consequences of "Commercial Use":
1. A program that has been found by the WCTV Production Coordinator or CWTC to constitute a "commercial use" of the public access channel is not eligible to be cablecast over the public access channel. Upon finding that a program is ineligible for future cablecasting on the public access channel because of this policy, the City or CWTC shall immediately commence legal proceedings in an appropriate court to seek affirmance of the CWTC's actions as required by the "Procedures for Resolution of Censorship Issues." Such action shall not be required, however, if the affected public access user voluntarily:
a. withdraws the program
b. removes the verbal or visual identification of the person or organization having a commercial interest in the products or services discussed in the program, if requested by CWTC.
c. removes any other endorsements or promotions of particular trades, businesses, services, or products from the program, if requested by CWTC.
2. A public access user who violates this policy on commercial use may receive an appropriate warning, consequence or sanction that is commensurate with the degree of seriousness of the offense as permitted by the tiered system of enforcement now or hereinafter enacted by the City for the purpose of preventing misuse of the public access channel. In determining the level of any response, consequence or punishment for violation of this policy, the City or CWTC shall consider the following:
a. The seriousness of the violation and its extent during the programming.
b. The intent or purpose of the violator.
c. Whether the violator knew or should have known, or had been warned, that the program was in violation of the policy against commercial use prior to the program being shown.
d. Whether the alleged violator has engaged in previous violations of the policy against commercial use.
e. Any other circumstances or factors that are relevant to the violation.
Acceptable Use of Production Talents:
1. Persons or organizations desiring to make talents available to the public for program production may place their name on a list of volunteer producers that will be posted in the WCTV studio.
2. Persons or organizations offering production services may accept an award, grant, or honorarium with the understanding that it is a donation to support the producer's work and not compensation for use of cablecast time or WCTV resources nor bargained-for compensation for the producer's time or services.
3. Any producer receiving money or property from a public access user or sponsor shall make written disclosure to the WCTV Production Coordinator on a quarterly basis of all money or property received.
4. A producer's name may be listed in the credits of the program, and such listing shall be limited to a duration of 10 seconds. A producer's place of business or address, telephone or facsimile number, e-mail address, or web site may not be listed.
Standards for Operation of WCTV
1. WCTV shall not charge any rate or fee for the use of its facilities or equipment in excess of the its documented out-of-pocket costs to the user.
Upon application of any member of the public, or any of its members, CWTC shall review the supporting documentation for any fee charged by WCTV as well as any other relevant information submitted to it, and make a determination as to the amount and nature of out-of-pocket costs that may be used by WCTV to calculate the fair amount of any rate or fee to be borne by the user.
Notice of any CWTC hearing to review, determine or approve rates or fees charged by WCTV for the use of its public access facilities or equipment shall be mailed by the City to the listed address of each active public access user at least five days in advance of consideration by CWTC or the Waterloo City Council. An "active public access user" is a person or organization that has a valid and current Access User Agreement on file with the WCTV listing the address of a contact person.
2. WCTV shall insure that all citizens of Waterloo have reasonable access to the public access channel.
3. WCTV shall cablecast all public access programs properly submitted to it in conformance with the following:
a. Each program that does not exceed its allotted length, as specified in paragraph 3(c) below, shall be aired in its entirety.
b. All programs shall begin promptly at their scheduled times.
c. Sufficient time shall be allotted between programs to insure that minor delays do not result in premature termination of a program. This shall be accomplished in part by a guideline that each program submitted for a time slot of one-half hour or longer, be 5 minutes shorter in actual length than its reserved time slot. A program submitted that exceeds its total reserved time slot length shall be eligible for cablecasting but may be terminated prematurely by WCTV at the expiration of its reserved time slot if other public access users or the programming schedule would be affected.
d. In the event WCTV fails, through tardiness or other cause not attributable to the user, to cablecast a public access user's program in its entirety, the program shall be eligible to be re-cablecast, and WCTV shall display a public service announcement listing the new time and date agreed upon with the user for the re-cablecast, or may, in the alternative, immediately re-cablecast the program in the next available time slot provided the re-cablecast commences within one and one half hours delayed and viewers are notified by an appropriate message.
e. Upon request WCTV shall provide each public access user with the name and phone number of its production coordinator, who shall be responsible for ensuring that public access programs are properly shown at the times reserved.
4. Reasonable availability of the public access channel shall be maintained as follows:
a. The public access channel shall be available for cablecasting programs not less than fourteen (14) hours per day exclusive of weekends and holidays. Cablecasting on the public access channel shall also be permitted at other times to the extent permitted by WCTV's automated equipment.
b. WCTV shall have available personnel who are trained and authorized to deal with cablecasting difficulties and the use of its public access facilities during its normal business office hours.
c. Interruptions of Scheduled Service:
i. The office hour and holiday schedule of WCTV shall be made available to each active public access user at the time of execution of each Access User Agreement.
ii. WCTV shall post a notice in its office, on a regular monthly basis, notifying public access users of its office hours, holiday schedule, planned maintenance to the system, cablecasting schedules, and any predictable service interruptions that are expected to interfere with the user's cablecasts. Whenever practical, at least thirty (30) days notice shall be provided of any service schedule changes that would affect the cablecasting time of a previously scheduled program.
iii. In the event of unplanned shutdowns or emergencies or other schedule changes not posted in accordance with paragraph 4(c)(ii) above, WCTV shall give as much notice to the affected public access users as is reasonably possible by periodically cablecasting an appropriate announcement of the shutdown on the public access channel that will be affected.
iv. WCTV shall keep a log of all emergency shutdowns of the public access channel, including the date, the duration, the identity of the program(s) affected by the shutdown, and reason therefore. The log shall be made available to CWTC and the public at regularly scheduled meetings of CWTC.
d. WCTV shall devise and maintain a scheduling system that permits periodic users of the public access channel to reserve standard times each week or month for the airing of their programs. Subject to paragraph 4(e) below, users shall be permitted to specify the length of time that their reservations are to last. Users who fail to submit programs for such reserved times more than twice may, upon notice, be required to reschedule their programming reservations.
e. WCTV shall devise and maintain a scheduling system that permits periodic users of the public access channel to reserve standard times each week or month for the cablecasting of their programs on a first come, first served basis. Reservations shall be subject to the condition that each user shall be entitled to select a time for the initial cablecasting of a program before another user may select time slots for an additional cablecasting of a program. In addition, all reserved time slots shall be reopened and become available for reassignment once each calendar year at an announced time which will be at least 45 days in advance of the effective date of such reassignments. Requests for reserved time slots during the upcoming calendar year shall be submitted to the WCTV Production Coordinator. In the event two or more users submit simultaneous requests for the same time slot, the production coordinator shall assign the time slots subject to the condition that consideration shall be given to that user, if any, who had the time slot immediately prior to reassignment.
5. Resolutions of issues concerning technical problems.
a. Public access users experiencing technical problems with cablecasting of their programs should first promptly contact WCTV and identify the specific nature of the problem.
b. If the problem cannot be resolved by agreement of the user and WCTV, then the user is advised to use the grievance process established by CWTC.
c. WCTV shall keep a log concerning all complaints from public access users and of its response. The log shall be available for inspection and reproduction by CWTC, its Commissioners, and members of the public at each of CWTC's regularly scheduled meetings. In no sense shall the log itself become an official document subject to the Iowa Examination of Public Records Act (Iowa Code Chapter 22).
d. Videotapes and other media provided by users to WCTV for cablecasting must be able to "stand-up" and not breakdown or disintegrate during cablecasting. Such videotapes and other media must also be of sufficient quality to permit reasonable audio and video clarity in cablecasting. Videotapes or other media claimed by WCTV to be the source of any technical problems shall be preserved without alteration by the affected user for inspection by CWTC until it has abandoned or completed its investigation.
e. If CWTC determines that an unacceptable number of complaints are due to problems related to the equipment being used by WCTV, WCTV may be required to upgrade, repair, or replace its equipment in order to provide a reasonable level of performance.
6. WCTV may engage in any lawful and constitutional restraint of programming that is provided for in the Settlement Agreement executed in Jaquith v. Waterloo Cable Commission, et al. (a case docketed in the U. S. District Court for the Northern District of Iowa; Civ. no. C 93-2077), and in the Procedures for Resolution of Censorship Issues discussed in Section XII.
7. WCTV is authorized to condition access to the public access channel upon reasonable commercial terms and conditions which shall remain subject to subsequent review and adjustment by CWTC.
8. Public access users who have valid and current Access User Agreements on file with WCTV shall receive by mail advance notice of CWTC meetings that include a copy of the proposed meeting agenda. The Secretary of CWTC or the City Clerk shall cause such notice to be mailed to each user at least five (5) days in advance of scheduled CWTC meetings. WCTV shall provide CWTC with information necessary to implement this requirement.
System of Annual Program Scheduling
Once yearly, at a time set by the Telecommunications Commission, the public access channel lineup will be opened for rescheduling of programs. This will give all users a chance at selecting a new time slot in the weekly schedule for the programs they submit. The opening of the schedule will be as follows:
1. All user names will be placed in a pool from which names will be drawn. The first name drawn will get first choice on the schedule for the first playback of one of his or her programs. Subsequent names drawn will select from remaining available time slots for the first playback of one of their programs. After all names have been drawn, the identical order of names will be used for the scheduling of first playback time of the second program that they submit for cablecast. Scheduling of additional programs will occur in the same manner. Once all the first playback times for each program have been scheduled, the identical list of users names will be used to set the second playback time of each program.
2. Users will be notified to make their choices of playback times according to the following guidelines:
a. For the program of his/her choice, the user must choose a 1st, 2nd, 3rd, 4th, and 5th time slot for the playback of the first showing. For the second showing of the same program, the user must also choose a 1st, 2nd, 3rd, 4th, and 5th time slot.
b. For the second program that the same user submits, a 1st, 2nd, 3rd, 4th, and 5th time slot for the first playback of that program must be chosen. Also, a 1st, 2nd, 3rd, 4th, and 5th time slot for the second playback of this program must be chosen.
c. The one-hour prime time rule must be considered when choosing a time slot on the schedule.
d. If a user does not reply to the notice to choose new times on the schedule, the current time slots for their programs will be considered as their first and second choices. All users, whether or not they respond to a notice of schedule rearrangement, will be given a prime time slot in the order that their name is chosen. This time slot will be chosen by the WCTV Production Coordinator.
e. Weekend time slots will be limited to one time slot per week for each user or program. Time slots will be limited by availability of playback equipment, by the work schedule of staff, and by holidays.
3. Any user who submits a program for playback after the annual scheduling process shall choose a first and/or second playback time from among remaining available time slots. The program may be rescheduled at the time of the next annual scheduling.