JULY 19, 2005 RPV-CABLE TELEVISION POLICY JULY 19, 2005 RPV-CABLE TELEVISION POLICY

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: JULY 19, 2005

SUBJECT: RPV-CABLE TELEVISION POLICY

RECOMMENDATION

Adopt the revised Interim Production, Programming and Operational Policies and Procedures for RPV-CTV Channel 33.

BACKGROUND

On March 29, 2005, the City Council adopted policies to formalize the pending start up of programming on Channel 33 and assigned specific responsibilities to the Cable TV Committee. Pertinent excerpts from the policy documents are provided below:

III. A. 4. Any disagreement with a programming decision shall be presented first to the Manager of RPV Public Television Productions ("Manager"). If the Manager is unable to resolve the issue in a manner that is satisfactory to the affected party, an appeal may be made to the RPV-CTV Cable Sub-Committee, which is comprised of two Members of the Rancho Palos Verdes City Council and will make the final decision regarding the appeal. However, the Sub-Committee may refer an appeal to the City Council for a determination at a duly noticed City Council meeting.

IV. 6. A disagreement with a decision concerning the use of the Video Bulletin Board shall be presented first to the Manager of RPV Public Television Productions. If the Manager is unable to resolve the dispute in a manner that is satisfactory to the affected party, an appeal may be made to the RPV-CTV Cable Subcommittee, which will make the final decision regarding the appeal. However, the Sub-Committee may refer an appeal to the City Council for determination at a duly noticed City Council meeting.

At the City Council meeting of May 17, 2005, Mayor Clark mentioned that the wording in the paragraphs above (underlined) was not consistent with the typical right of a party to appeal decisions to the City Council. He asked that the Cable TV Committee revisit the language and make a recommendation to Council.

DISCUSSION

At their July 1, 2005 meeting the Cable TV Committee agreed that the Channel 33 Program Policy should be revised to refer any appeals of Committee decisions to the City Council for resolution. The City Manager was asked to prepare "replacement wording" reflecting this recommendation, for Paragraphs lll.A.4 and lV.6.

The revised policy (see paragraphs III.A.4. and IV.6.) is attached.

Respectfully submitted:

Les Evans

City Manager

Attachment: Revised Interim Production, Programming and Operational Policies and Procedures for RPV-CTV Channel 33

 

Interim Production, Programming and Operational Policies and Procedures for

RPV-CTV Channel 33

I. PURPOSE

The purpose of these Production, Programming and Operational Policies and Procedures is to define the function of the City of Rancho Palos Verdes Educational Access Channel 33 {RPV City TV (RPV-CTV CH 33)}, provide direction to City staff, and assist the public in understanding the services offered by RPV-CTV.

II. MISSION AND GOALS FOR RPV-CTV

    1. RPV-CTV is designated as an educational access channel, as provided for in the 1996 Cable Act and the franchise agreement between the City of Rancho Palos Verdes ("City" or "RPV") and COX Communications ("Cox").
    2. The mission and goals of RPV-CTV are: (1) to provide educational programming and useful information, which is of particular value to the residents of Rancho Palos Verdes, in programs that are produced or commissioned by the City, and (2) to provide educational opportunities for students to learn pre-production, production and post-production of programs that are to be broadcast on cable television.

III. CHANNEL PROGRAMMING

A. Programming Responsibility

    1. The City reserves the right to program RPV-CTV Channel 33 in accordance with the mission and goals identified above.
    2. All RPV Television Programs shall comply with these policies and procedures, other applicable rules of the City, and applicable Federal and State regulations.

    1. The City of Rancho Palos Verdes shall follow all FCC guidelines regarding programming on RPV-CTV and assure that all rights and clearances regarding licenses and copyrights have been secured.

4. Any disagreement with a programming decision shall be presented first to the Manager of RPV Public Television Productions ("Manager"). If the Manager is unable to resolve the issue in a manner that is satisfactory to the affected party, an appeal may be made to the RPV-CTV Cable Sub-Committee, which is comprised of two Members of the Rancho Palos Verdes City Council. and will make the final decision regarding the appeal. However, the Sub-Committee may refer an appeal Decisions of the RPV-CTV Subcommittee may be appealed to the City Council for a determination at a duly noticed City Council meeting.

B. Programming Categories

All programming on RPV-CTV shall be produced or commissioned by the City and shall fall within at least one of the following categories:

1. Educational Programs: Programming produced by a local educational institution in response to a request from the City.

2. Community Information/Public Affairs: Programming produced or commissioned by the City that provides information about City government or issues of local interest to the residents of Rancho Palos Verdes. Examples include, but are not limited to:

Crime Prevention

Environmental Issues

Public Safety/Emergency Preparedness/Neighborhood Watch

Local Talk Show regarding City government or issues of local public interest

3. Governmental Decision Making: Programming which provides direct coverage of the deliberations of elected or appointed legislative bodies of the City, as well as coverage of selected public issues forums. Examples of programming in this category include, but are not limited to:

RPV City Council Meetings

Election Coverage/Candidatesí Forums

RPV Commission and Committee Meetings

Public Issue Forums

4. Cooperative/Community Programming: Programming produced or commissioned by the City in cooperation with other organizations, which contains useful information or that celebrates the achievements and accomplishments of Rancho Palos Verdes residents. Examples include, but are not limited to:

School Events/Information

Performing Arts

Recreation Activities

Unique Ceremonies

Health Organizations Information

Community Special Events

    1. Programming Guidelines

    1. All programming on RPV-CTV must either be produced or commissioned by the Manager of RPV Public Television Productions. All programming on RPV-CTV must support the channelís mission and goals.
    2. All programming on RPV-CTV must fall within one of the channelís programming categories, which are described in Paragraph B above.
    3. All programming on RPV-CTV must be of local interest and provide a community benefit.
    4. The Manager of RPV Public Television Productions, in consultation with the RPV Cable Subcommittee, shall allocate programming time among the programming categories. The City Council reserves final authority to prioritize RPV-CTV programming.
    5. The City of RPV shall archive video media of all aired programs for a minimum of two (2) years from the date of production. Tapes may be transferred to VHS or DVD format for storage purposes.
    6. Any City department may sponsor or co-sponsor a programming proposal from the community that complies with the mission and goals of RPV-CTV and these policies and procedures.
    7. The City may commission other media, municipalities and agencies to acquire and/or provide programming that meets the mission and goals of RPV-CTV.
    8. Public issue forums or debates carried on RPV-CTV must relate to the channelís mission and offer a balanced perspective on the issues. Use of RPV-CTV by individuals seeking public office or reelection is prohibited unless they are participating in a public issue forum or debate.
    9. Duplication of tapes of original programming produced solely by RPV-CTV is possible, upon request, for a fee (see City fee schedule), and with the permission of the Manager of RPV Public Television Productions. Duplicates will be made available within two (2) weeks of receipt of the request and upon payment. One (1) complimentary copy of a tape will be provided, upon request, to the organizer of an event that is taped by RPV-CTV.
    10. All programming produced for RPV-CTV shall be copyrighted and may only be reproduced for personal, non-commercial home use by individuals. Retransmission or any unauthorized use of RPV-CTV programming (in part or whole) is strictly forbidden without the written consent of the Manager of RPV Public Television Productions. If a program was produced by any other person or entity in response to a request from the City, that person or entityís written permission also must be obtained.

D. Prohibited Programming

The following types of programming shall be prohibited on RPV-CTV:

    1. Programming that does not comply with the mission and goals of RPV-CTV or these guidelines.
    2. Programming that violates FCC guidelines regarding governmental or educational television including: commercial/for-profit making programming, trade or business announcements, obscene, indecent, libelous or slanderous speech, lottery information or other illegal content.
    3. Programming that promotes political candidates, issues or viewpoints other than during a debate or forum. A political candidate is one who has filed declaration of candidacy papers by the close of the legal filing date for that respective elected office.
    4. The City reserves the right to refuse to transmit all or any portion of a program that promotes any activity which is illegal under City, State or Federal law or violates any of these procedures or guidelines.

 

IV. VIDEO BULLETIN BOARD

The Video Bulletin Board is designed to provide a source of timely information about a variety of upcoming educational and non-commercial community events, which will be displayed on the RPV-CTV video bulletin board system.

    1. Video Bulletin information shall be displayed throughout the cablecast area (see Section V) on Channel 33, twenty-four hours a day, seven days a week, except at those times when other programming has been scheduled by the Manager of RPV Public Television Productions, or when the channel is experiencing technical difficulties.
    2. A City of RPV Video Bulletin Request Form must be used when submitting messages for display on the Channel 33 Video Bulletin Board. The form can be obtained from the RPV/PVN Multimedia Studio or City Hall. The Manager of RPV Public Television Productions will make every effort to include all messages that comply with these policies and procedures on the Video Bulletin Board, but inclusion is not guaranteed.
    3. Guidelines for use and submission requirements are included on The City of RPV Video Bulletin Request form. All requests shall be submitted to the Manager of RPV Public Television Productions at least 14 days prior to the requested air date. (See City Video Bulletin Board rate card)
    4. Should an error result in the cablecast of incorrect information, neither the City of Rancho Palos Verdes nor its employees or agents shall be responsible or liable for the inaccuracy of the information or for actions taken by anyone as a result of the inaccurate information.
    5. The City reserves the right to refuse to transmit all or any portion of a message that promotes any activity which is illegal under City, State or Federal law or which violates these procedures and guidelines.
    6. A disagreement with a decision concerning the use of the Video Bulletin Board shall be presented first to the Manager of RPV Public Television Productions. If the Manager is unable to resolve the dispute in a manner that is satisfactory to the affected party, an appeal may be made to the RPV-CTV Cable Subcommittee, which will make the final decision regarding the appeal. However, the Sub-Committee may refer an appeal Decisions of the RPV-CTV Cable Sub Committee may be appealed to the City Council for determination at a duly noticed City Council meeting.

V. CHANNEL 33 CABLECAST AREA

As determined by COX Communications, as specified in its franchise agreement with the City, COX cable customers residing within the boundaries of the Palos Verdes Peninsula, a portion of the unincorporated area of Los Angeles County, and San Pedro, as defined by franchise, are within the Channel 33 cablecast area.

VI. EMERGENCY RESPONSE

Channel 33 may be used at any time for the purpose of governmental emergency communications and responses. In these cases, direction will be taken from the procedures outlined in the City of Rancho Palos Verdes Emergency Plan.

VII. PROGRAMMING AUTHORITY

The City of Rancho Palos Verdes reserves the right to refuse a request for cable programming or operations which is illegal under City, State or Federal law or is in violation of the mission and goals for RPV-CTV.

VIII. OPERATIONAL AGREEMENT WITH PV ON THE NET

All operational policies and procedures regarding the technical support and operation, and airing, of programming, including production and post production activities, shall be governed by the agreement between the City of Rancho Palos Verdes and PV on the Net. Use of the RPV/PVN Multimedia Studio shall be specified in the Use Agreement between the City of RPV and PV on the Net.

  1. SPONSORSHIP/UNDERWRITING

Sponsorship/Underwriting for Channel 33 shall be encouraged. All sponsorship/underwriting activities shall comply with the City of Rancho Palos Verdes rate card and sponsorship/underwriting policies and procedures.

"The Key to Your CityÖRPV-CTV Channel 33"