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Home My WebLink AboutMINUTES - 04061999 - C139 e TO: BOARD OF SUPERVISORS ,�...; ,....k Contra tra _ . FROM: Phil Batchelor, County Administrator �� '� Costa County/Vu t7 DATE: March 25, 1999 rr,. Jdd SUBJECT: REVISE "CCTV OPERATING POLICY AND PROCEDURES" SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE the revised language below for Section D (1) (d) iii of the "CCTV Operating Policy and Procedures" (attached), "Any material used or designed for use to solicit funds, support or other property of value, directly or indirectly, for any business or enterprise for commercial purposes, or for any political party or candidatefor office"; FISCAL IMPACT: NONE. BACKGROUND: CCTV had an operating policy and procedures adopted by the Board of Supervisors in 1994. Upon a recent review of these policies, staff recognized that soliciting funds or support for charitable purposes is not authorized. There may be situations where CCTV would want to be available to provide this service. The current CCTV policy is more restrictive than that required in the"Agreement for the Delivery of Access Programming in Contra Costa County„ which the County signed with the cable operators in 1993. Therefore the County can revise the language and not violate that agreement. The staffquests that the policy be revised with the above language, ATTACHMENT: YES SIGNATURE: � � C t RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION CSF BOARD ON / --_.-7�'�;s._ APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS{ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: — ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED , Contact: PHIL BAY CHEI-OR,CLERK OF THE SOARD OF cc: SUPERVISORS AND COUNTY ADMINISTRATOR -1- BY s✓Y � �e aDEPUTY MAF-30-1999 15:05 FROM CONTRA COSTA TELEUISION TO 31056 P.02i11 CONTRA COSTA TELEVISION (CCTV) OPERATING POLICY AND PROCEDURES MISSION.: Contra Costa Television (CCTV), A Govern me ntal/Ed ucatio n a',Access channel, is a public service of the Board of Supervisors committed to producing and televising quality programming on issues of county wide interest or concern. A. PURPOSE OF ACCESS AND ELIGIBILITY 1. Government Access is intended to make cable available for use by local governments. Access is made available upon requests submitted in accordance with the established criteria and procedure herein, to: a. Local government bodies and agencies (other than educational) located in Contra Costa County for use in connection with official government activities. b. State and Federal government bodies and agencies (ether than educational) for use in connection with their official government activities that affect the interests of the citizens of Centra Costa County. C. Officials and representatives of the above for use in their official government activities. This includes State and Federal legislators who represent the districts in Contra Costa County. However, use of government access for political advertising or to promote or oppose a candidate for public office is not permissible Government Access use. 2. Education Access is intended for use by local public educational institutions for transmission of instructional programming and other educational purposes. Access is made available, upon request submitted in accordance with the criteria and procedures herein, to: a. Educational institutions and authorities located in Contra Costa Gounty. b. State educational authorities and agencies. c. Officials and representatives of the above. The purpose of the use must be transmission of public instructional programming or further other educational purposes. 1 t3. GOVERNMENTAL ! EDUCATIONAL ACCESS REQUESTS 1. Request for use of CCN airing time, facilities or equipment Requests must be made in writing by an eligible applicant to the Executive Director of CCN. Program requests should be made on Form A (attached). 2. Charge for use of airing time, facilities or equipment CCTV will not charge eligible applicants for the use of channel time, facilities or equipment when the applicant is producing a program for airing on the Governmental/Educational Access channel. C. PROGRAM REVIEW 1, Review Criteria Programs submitted from eligible applicants for airing on CCTV will be evaluated to determine if the proposed program is: a. of countywide interest, b. of a governmental or educational nature, C. of broadcast quality, and d. within acceptable community standards and mores. D. PROGRAM CONTENT 1. Content Criteria - program content will be reviewed for the following: a. The program shall contain no obscene or indecent matter; b. The program shall contain no libelous or slanderous matter, C. The program shall contain no matter, the use of which is subject to copyright, except where the applicant demonstrates compliance with applicable laws; d. Except as provided in Y' below the program shall contain no commercial matter. "Commercial matter" shall include: (1) any advertising material designed to promote the sale of any products or services, including advertising by or behalf of candidates for public offices (ii) any audio or visual reference to any business enterprises, service or product for which any economic consideration was received by anyone in exchange for the display, announcement and/or reference to such business, enterprise, product or service, or (iii) any material used or designed for use to solicit funds, support or other property of value, directly or indirectly, for any business, enterprises, person, foundation and/or organization regardless of whether for commercial or charitable purposes, or for any political party or candidate for office; and e. The program shall contain no advertisement of or information concerning any lottery, gift enterprise, or similar scheme offering prizes drawn or awarded by means of any such lottery, gift enterprise or scheme, whether said list contains any part or all of such prizes. 2 ...................................................................................................... MAR-30-1999 15:06 FROM CONTRA COSTA TELEUISIQN TO 51098 P.04/11 f. It is recognized that grants and/or other types of support may be made available to individuals, groups or entitles for the purpose of underwriting the cost of production, In such instances, a standard "patron's acknowledgment" may be placed at the end of the subject presentation (e.g., "This program was made possible by a contribution from the XYZ Corporation"). E. USE OF PRODUCTION FACILITIES AND EQUIPMENT 1. Scheduling Ilse o€the Production Facility and/or Equipment Following approval by the Executive Director of CCTV of a request to use the facility or equipment, and subject to availability, the Production Manager will be responsible for scheduling the use of the facility and equipment on a first- come, first-serve basis. users will be required to sign the appropriate form(s). (See Form "B" and "C" attached.) 2. Responsibility for the Facility and or Equipment The individual or group using the facility will bear all costs for repairing any damage done to them facility during their use. The individual or group checking out the equipment will bear ,all costs of the equIpment must be repaired or replaced due to damage, theft or abuse. CCTV may refuse to allow use of the facility or equipment to individuals or groups who have misused the facility or equipment. wiled to return equipment on time, or in any way abused the privilege. 3. Dental of Facility: In the event, groups other than governmental or educational request use of the facility to produce programming or an eligible governmental or educational group requests use of the facility to produce a program which can not be aired on CCN, either group will be subject to procedures detailed in the County Administrative Bulletin entitled "County Services" No.3.1 dated 10/9/74 including any subsequent amendments thereto. These groups will be required to pay the appropriate rental fees and sign the "Temporary Permit to Use County Facility" Form. ( See attached.) Fe CCTV SERVICES 1, Tape Duplication - One to three copies of a tape can be duplicated by CCTV. (See "Rate Card." 2. Production Services: CCTV is available to provide production services on an "as available " basis. A production agreement will be drafted and signed by both parties and reviewed by County Counsel. A reasonable rate, sufficient'to cover County costs and overhead will be charged. 3 iil'll\ JCd bJd.f L./'VW RJ: i v..W.± iii \rWvl �`b.r +r .+iw+ ✓V ... v✓ ba G. ELECTION COVERAGE Within an election cycle, 45 days immediately before a primary election or 60 days immediately before a general election on which a candidatefissue may appear, only independent, inclusive events which cover or affect a large portion of the County may be aired where: i. all candidates/sides are invited to participate; 2. An independent moderator leads the program; 3. Questions are not pre-screened unless the event is covered live; (For live coverage, indecent or obscene questions cannot be aired.) and 4. The event is open to the public with occasional restrictions due to limited space. H. APPEALS PROCESS 1. Written Appeal: In the event an applicant wishes to appeal the decision of CCTV's Executive Director to deny the request can be made within ten days after the initial request has been denied to the County Administrator with a copy to CCTV's Executive Director. If the County Administrator denies the appeal, a written appeal for review of the request can be made within ten days after such subsequent denial to the Board of Supervisors with a copy to the County Administrator and CCTV's Executive Director. 4