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HomeMy WebLinkAbout27-06 RESOLUTION• RESOLUTION NO. 27-06 A RESOLUTION APPROVING REVISIONS TO THE FAYETTEVILLE GOVERNMENT CHANNEL USE AND PROGRAMMING POLICY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves revisions to the Fayetteville Government Channel Use and Programming Policy. A copy of the Policy, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 7th day of February, 2006. E :\AG\'c,1T Y p SGS •• • E ::FAYETTEVILLE: _ By APPROVED: ••� -' ATTEST: yygRKANsPt ? •J. By: ILS • SONDRA SMITH, City Clerk DAN COODY, Mayor EXHIBIT "A" POLICY ON THE USE AND PROGRAMMING OF THE GOVERNMENT ACCESS CHANNEL FAYETTEVILLE, ARKANSAS INTRODUCTION The City of Fayetteville Government Access Channel, in accordance with resolution 94- 91, is intended to give Fayetteville citizens information about City government services, programs, and activities and their relationships within the community and help create an open and participatory local government. The channel is administered by the City's Cable Administrator under guidelines established by and interpreted by the Telecommunications Board. I. TELECOMMUNICATIONS BOARD The Fayetteville Telecommunications Board was created under Ordinance 4504, Chapter 33, which authorizes the board "to facilitate the creation of policies regarding cable cast material selection, time guidelines for cablecast material, viewer and facility user complamt/feedback practices, and other such policies regarding the use and administration," of the Government Channel. The purpose of this policy is to establish (a) the criteria for which Governmental entities and related organizations are eligible to have programming on the channel and (b) allow the Government Channel staff to operate without determining the programming content. POLICIES II. PRIORITY OF COVERAGE/CABLE CASTING AND ELIGIBILIITY FOR USE A. FIRST LEVEL OF PRIORITY 1. CITY OF FAYETTEVILLE GOVERNMENTAL MEETINGS First level priority will be given to televising City of Fayetteville Governmental meetings. City of Fayetteville Governmental meetings are defined as meetings of the governing bodies created by the City of Fayetteville, which meet FOIA criteria, including all committees, subcommittees, boards, commissions, task forces, and other such bodies dealing with City of Fayetteville business. B. SECOND LEVEL OF PRIORITY 1. CITY OF FAYETTEVILLE GOVERNMENTAL INFORMATIONAL PROGRAMS Second level priority for use of the Government Channel will be given to nonpartisan informational programs about City services, activities and events. - C. THIRD LEVEL OF PRIORITY 1. MEETINGS OF OTHER GOVERNMENTAL ENTITIES THAT MEET FOIA CRITERIA Third level priority for use of the Government Channel will be given for any meeting that meets FOIA criteria and deals with government business that directly impacts the Citizens of Fayetteville. Such meetings include, but are not limited to, those of Washington County, regional, state and federal agencies, Boston Mountain Solid Waste District, and Fayetteville Public Schools. 2. INFORMATIONAL PROGRAMS OF OTHER GOVERNMENT AGENCIES Third level priority for use of the Government Channel will also be given for non-partisan informational programs about government services or activities that may be provided by other governmental entities, such as, but not limited to, Washington County, regional, state, federal agencies and Tri -county Solid Waste. 3. PROGRAMS OF CITY OF FAYETTEVILLE CONTRACTORS AND GRANTEES Third level priority will also be given to outside agencies or groups with whom the City of Fayetteville contracts, grants money or has an agreement to provide city services or activities In such cases, the program shall be non- partisan in nature. 4. LIMITED PUBLIC FORUMS Third level priority will also be given to two types of limited public forums. candidate forums and issue forums. Declared candidates for any public office, and persons advocating any cause, viewpoint, or proposed policy of a particular nature, will be eligible to appear only in a limited public forum venue. All candidates or sides of an issue are given an equal opportunity to appear in pubic forums. If it becomes apparent that only one side of a forum is willing to participate, the Cable Administrator may make a decision to conduct the forum with only one side participating. The City, through the Cable Administration Division, may conduct one candidate forum for each contested office before each election. No candidate forums will be held before the last filing deadline. D. BULLETIN BOARD MESSAGES Last priority will go to the "Government Channel Bulletin Board." The bulletin board will provide printed information about both City and community events and services when other programs are not being cablecast. It may also be used to inform residents of other "free" community events and activities. III. COVERAGE REQUESTS A. City of Fayetteville meetings will be covered at the request of a City of Fayetteville government elected official, a City of Fayetteville department head, a City of Fayetteville division head, or a committee chair. Other governmental agency meetings may be covered at the request of representatives of that agency. B. Registered voters who live within the city limits of Fayetteville may request that the Government Channel cover any meeting held by the City of Fayetteville or other governmental agencies provided that the meeting affects the citizens of Fayetteville and meets FOIA criteria. C. All requested meetings will be televised provided the resources are available and there exists no conflict with a request to cover a meeting with higher priority as outlined by this document. The Cable Administrator has discretion over issues of resources and priority. IV. EDITING AND OTHER CONTENT POLICIES A. Except when (1) the intent is to use brief excerpts as part of a larger program or (2) when technical difficulties interfere, the public portions of any City Council meeting or other public meetings receiving coverage on the channel, including limited public forums, will be cablecast in their entirety, without editing or subjective comment All other programming is subject to editing by the Cable Administration as long as such editing does not alter the factual content or overall intent of the material being cablecast. B. No promotion, endorsement or advertising for any private business, commercial service or product, or any profit-making activity, will be allowed on the Government Access Channel. However, brief audio and video credit may be given at the end of a program where special materials or assistance has been donated by a commercial or charitable enterprise. C. Programming of forums produced by outside agencies of declared candidates for any public office and persons advocating any cause, viewpoint or proposed policy of a particular nature will not be eligible for cable casting on the Government Access Channel. D. When questions arise as to the admissibility of material or language in this regard, the Cable Administrator will make a decision on whether it is to be cablecast. V. APPEALS OF COVERAGE OR PROCEDURAL ISSUES A. My appeals to the decisions made by the cable administrator regarding coverage, priority, or procedure should be submitted to the Telecom Board. B An appeal of a Telecom Board decision must be sponsored by an alderman filing a written appeal in the City Clerk's office within ten days of the Telecom Board decision. • • • • Susan Thomas Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 2/7/2006 City Council Meeting Date Public Information Division Action Required: a -7-a anti lila 1901 r e') General Government Department A resolution approving the Fayetteville Government Channel Policy • $0 Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name el/P, Depart t Director D9 ;City Attorne • 'Ti Fi ance nd Internal Service Director Mayor ?Ai/Dr: Date ,72$/4 Date 442 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Sit, Clerk Office \Ilan( u� Comments: CITY COUNCIL AGENDA MEMO To: Mayor & City Council From: Susan Thomas, Public Information & Policy Advisor Date: January 20, 2006 Subject: Fayetteville Government Channel Policy Recommendation A resolution approving Fayetteville Government Channel Policy Background Upon receipt of a written, formal compliant from Jim Bemis regarding Government Channel no longer televising Fayetteville School Board Meetings, the Telecom Board realized that the Fayetteville Government Channel policy document was outdated, burdened with procedural matters, and confusing and/or contradictory in many instances. The Telecom Board initiated a subcommittee to rewrite the policy. When Mr. Bemis' complaint reached the City Council, the issue of the revised Government Channel Policy was discussed, and Council indicated to City Staff that Council would like to have the opportunity to review and/or approve the policy document. Current Status The policy subcommittee submitted the revised policy document to the Telecom Board, and the Board approved the policy for recommendation to Council on Jan 19, 2006. A memo from David Bruce, Telecom Board member and Chair of the Government Channel Policy Subcommittee, the revised policy document, and the original policy document are all attached for your information. A few items to note: • The new policy does not provide for an appeal process to the City Council, but instead has an appeal process that ends at the Telecom Board. • The former "Three Citizen Rule" has been eliminated, and the new policy allows any registered voter residing in the city limits of Fayetteville to request ameeting. Budget Impact N/A -a • RESOLUTION NO. A RESOLUTION APPROVING REVISIONS TO THE FAYETTEVILLE GOVERNMENT CHANNEL USE AND PROGRAMMING POLICY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves revisions to the Fayetteville Government Channel *aid Programming Policy. A copy of the Policy, marked Exhibit "Ais attacl-ted hereto and made a part hereof. PASSED and APPROVED this 7w day of February 2006 DAN CObDY, Mayor ty 6 TO: City Council of Fayetteville FROM: David Bruce, Telecom Board, Chair of Subcommittee to Revise the Government Channel Policy RE• Government Channel Policy Revision DATE: January 20, 2006 The subcommittee to revise the Government Channel Policy was formed by the Telecom Board in July 2005 in response to a citizen complaint regarding the Cable Administrator's interpretation of the current policy. The board considered the citizen complaint and determined that the current Government Channel Policy was vague and confusing on some points. It was the charter of this subcommittee to revise the Government Channel Policy and clarify the intent of the policy on several issues. The subcommittee consisted of myself, Marvin Hilton in his capacity as Cable Administrator, Susan Thomas, concerned citizen Jim Beamis, and other members of the telecom board who would attend subcommittee meetings from time to time. Initial subcommittee meetings focused around what we wanted from our policy. The subcommittee decided early on that we would like to see a trimmer policy with less procedural content. Much of the confusion about the current policy stemmed from the policy containing specific detailed procedures regarding cable casting of School Board meetings. The current Government Channel Policy could not easily accommodate the changes that occurred when the School Board decided to cable cast their meetings on the Education Channel instead of the Government Channel. The subcommittee decided that it would be better to have a more general policy around which more dynamic procedures could be created. The subcommittee then revised the current policy with those goals in mind. The subcommittee unanimously approved a final draft of the new Government Channel Policy in November 2005. The new draft was presented first at the December 2005 Telecom Board meeting at which time the board did not have enough time to adequately consider the policy at due to the upcoming renewal of the CAT contract. A discussion of the draft policy was added to the January 2006 Telecom Board agenda. The Telecom Board unanimously approved of the new policy draft on January 19, 2006. Since much of the procedural details have been left out of the new policy draft, the Telecom Board has asked the Cable Administrator, pending Council approval of the new policy, to use the new policy as guidelines for creating the procedures necessary for day-to-day Government Channel operation. Sincerely, David Bruce POLICY ON THE USE AND PROGRAMMING OF THE GOVERNMENT ACCESS CHANNEL FAYETTEVILLE, ARKANSAS INTRODUCTION The City of Fayetteville Government Access Channel, in accordance with resolution 94- 91, is intended to give Fayetteville citizens information about City government services, programs, and activities and their relationships within the community and help create an open and participatory local government. The channel is administered by the City's Cable Administrator under guidelines established by and interpreted by the Telecommunications Board. I. TELECOMMUNICATIONS BOARD The Fayetteville Telecommunications Board was created under Ordinance 4504, Chapter 33, which authorizes the board "to facilitate the creation of policies regarding cable cast material selection, time guidelines for cablecast material, viewer and facility user complaint/feedback practices, and other such policies regarding the use and administration," of the Government Channel. The purpose of this policy is to establish (a) the criteria for which Governmental entities and related organizations are eligible to have programming on the channel and (b) allow the Government Channel staff to operate without determining the programming content. POLICIES II. PRIORITY OF COVERAGE/CABLE CASTING AND ELIGIBILIITY FOR USE A. FIRST LEVEL OF PRIORITY 1. CITY OF FAYETTEVILLE GOVERNMENTAL MEETINGS First level priority will be given to televising City of Fayetteville Governmental meetings. City of Fayetteville Governmental meetings are defined as meetings of the governing bodies created by the City of Fayetteville, which meet FOIA criteria, including all committees, subcommittees, boards, commissions, task forces, and other such bodies dealing with City of Fayetteville business. 1 B. SECOND LEVEL OF PRIORITY I. CITY OF FAYETTEVILLE GOVERNMENTAL INFORMATIONAL PROGRAMS Second level priority for use of the Government Channel will be given to nonpartisan informational programs about City services, activities and events. C. THIRD LEVEL OF PRIORITY 1. MEETINGS OF OTHER GOVERNMENTAL ENTITIES THAT MEET FOIA CRITERIA Third level priority for use of the Government Channel will be given for any meeting that meets FOIA criteria and deals with government business that directly impacts the Citizens of Fayetteville. Such meetings include, but are not limited to, those of Washington County, regional, state and federal agencies, Boston Mountain Solid Waste District, and Fayetteville Public Schools. 2. INFORMATIONAL PROGRAMS OF OTHER GOVERNMENT AGENCIES Third level priority for use of the Government Channel will also be given for non-partisan informational programs about government services or activities that may be provided by other governmental entities, such as, but not limited to, Washington County, regional, state, federal agencies and Tri -county Solid . Waste. 3. PROGRAMS OF CITY OF FAYETTEVILLE CONTRACTORS AND GRANTEES Third level priority will also be given to outside agencies or groups with whom the City of Fayetteville contracts, grants money or has an agreement to provide city services or activities In such cases, the program shall be non- partisan in nature. 4 LIMITED PUBLIC FORUMS Third level priority will also be given to two types of limited public forums: candidate forums and issue forums. Declared candidates for any public office, and persons advocating any cause, viewpoint, or proposed policy of a particular nature, will be eligible to appear only in a limited public forum venue. 2 All candidates or sides of an issue are given an equal opportunity to appear in pubic forums. If it becomes apparent that only one side of a forum is willing to participate, the Cable Administrator may make a decision to conduct the forum with only one side participating. The City, through the Cable Administration Division, may conduct one candidate forum for each contested office before each election. No candidate forums will be held before the last filing deadline D. BULLETIN BOARD MESSAGES Last priority will go to the "Government Channel Bulletin Board." The bulletin board will provide printed information about both City and community events and services when other programs are not being cablecast. It may also be used to inform residents of other "free" community events and activities. III. COVERAGE REQUESTS A. City of Fayetteville meetings will be covered at the request of a City of Fayetteville government elected official, a City of Fayetteville department head, a City of Fayetteville division head, or a committee chair. Other governmental agency meetings may be covered at the request of representatives of that agency. B. Registered voters who live within the city limits of Fayetteville may request that the Government Channel cover any meeting held by the City of Fayetteville or other governmental agencies provided that the meeting affects the citizens of Fayetteville and meets FOIA criteria. C. All requested meetings will be televised provided the resources are available and there exists no conflict with a request to cover a meeting with higher priority as outlined by this document. The Cable Administrator has discretion over issues of resources and priority. IV. EDITING AND OTHER CONTENT POLICIES A. Except when (1) the intent is to use brief excerpts as part of a larger program or (2) when technical difficulties interfere, the public portions of any City Council meeting or other public meetings receiving coverage on the channel, including limited public forums, will be cablecast in their entirety, without editing or subjective comment. All other programming is subject to editing by the Cable Administration as long as such editing does not alter the factual content or overall intent of the material being cablecast. B. No promotion, endorsement or advertising for any private business, commercial service or product, or any profit-making activity, will be allowed on 3 the Government Access Channel. However, brief audio and video credit may be given at the end of a program where special materials or assistance has been donated by a commercial or charitable enterprise. C. Programming of forums produced by outside agencies of declared candidates for any public office and persons advocating any cause, viewpoint or proposed policy of a particular nature will not be eligible for cable casting on the Government Access Channel. D. When questions arise as to the admissibility of material or language in this regard, the Cable Administrator will make a decision on whether it is to be cablecast. V. APPEALS OF COVERAGE OR PROCEDURAL ISSUES A. Any appeals to the decisions made by the cable administrator regarding coverage, priority, or procedure should be submitted to the Telecom Board. • 4 POLICY ON THE USE AND PROGRAMMING OF THE GOVERNMENT ACCESS CHANNEL FAYETTEVILLE,ARKANSAS (approved by Telecommunications Board July 29, 2004) The City of Fayetteville Government Access Channel, in accordance with resolution 94- 91, is intended to give Fayetteville citizens information about City government services, programs, and activities and their relationships within the community and help create an open and participatory local government. Thechannel is administered by the City's Cable Administrator under guidelines established by and interpreted by the Telecommunications Board and City Council. The Cable Administrator schedules and manages the facilities and staff of the Government Access Channel for videotaping or other cable -based coverage of appropriate programs, events, and spots under the provisions outlined in this policy. I. TELECOMMUNICATIONS BOARD The Fayetteville Telecommunications Board was created under Ordinance 4505, Chapter 33, to advise the Council on telecommunications issues and to coordinate and oversee telecommunications franchise systems and use of the public rights of way designated for public, educational and governmental use in the City of Fayetteville." The seven - member Telecommunications Board also serves directly in an appeal process that considers and interprets issues regarding exceptions, variations, or modifications to this Policy Statement. Appeals to decisions made under this policy will follow the process outlined in this policy. IL ELIGIBILITY FOR USE A-1. CITY MEETINGS WITH STANDING AGREEMENTS TO TELEVISE Fust priority for use of the channel will be given to requests, made in accordance with this policy, by the mayor, the City Council, individual council members, City Departments, or City Divisions. The Cable Administration Division, through its operation of the Government Access Channel, has a standing agreement to cablecast certain official city govemment meetings. The Cable Administration Division shall maintain a record of such meetings. If the party originally making the request and establishing the standing agreement is no longer in a position to make requests, an appeal to remove a meeting from this standing agreement may be made to the Telecommunications Board. A-2. ADDITIONAL CITY MEETINGS Other meetings concerning city business will be cablecast if they meet Freedom of Information (FOl) criteria and are requested by any one of the following: the mayor, the City Council, one individual council member, a department or division head, any elected city official or any three Fayetteville citizens, who are registered 1 voters, living within the city limits of Fayetteville, may make such requests. In addition the chair of any city council appointed committee may request to have the committee, of which they are the chair, televised. In addition, any three citizens, who are registered voters, living within the City limits of Fayetteville, may request any meeting, that meets FOIA requirements and dealing with government business that directly impacts the Citizens of Fayetteville. Such requests will be subject to the resources available at the time, including the ability and practicality of traveling outside of Washington County. B. FAYE1'1BVILLE PUBLIC SCHOOLS Second priority for use of the Government Access Channel will be given to meetings and official functions of the Fayetteville Public Schools Board of Education. Such programs and meetings shall be requested by the School Board or School Administration C. CITY INFORMATIONAL PROGRAMS Third priority for use of the Government Channel will be given to non partisan informational programs about City services or activities. Such informational programs shall be requested by any elected City Official, Department or Division Head on subjects within their purview. D. OTHER GOVERNMENTAL ENTTTIES Fourth priority for use is given to other government entities, such as Washington County, State and Federal Agencies and Tri -county Solid Waste, presenting programs about government services or activities that are non-partisan in nature and that affect the City of Fayetteville. These governmental units must submit requests for producing and cablecasting programs or meetings directly to the Cable Administrator or through one of the other City officials or agencies noted above. E. Fifth priority will be given to requests by citizens, outside agencies, or groups with whom the City of Fayetteville contracts or to whom it grants money to provide city services or activities. In such cases, the program should be non- partisan in nature or a limited public forum (see criteria for limited public forum below). F. Sixth priority will be given to two types of limited public forums: candidate forums and issue forums. Declared candidates for any public office, and persons advocating any cause, viewpoint, or proposed policy of a particular nature, will be eligible to appear only in a limited public forum venue. 2 A limited public forum has the following criteria: • It is devoted to public expression and the free exchange of ideas and is conducted in a public place. • All candidates or sides of an issue are given an equal opportunity to appear. • Reasonable time, place, manner, and format irahictions will be applied without reference to content. • The Cable Administrator may contact a non-partisan organization to organize the forum. • The forum will be moderated or sponsored by a non-partisan person or organization that will ensure equity. All candidates and organizations participating in the forum will have the right of approval of the moderator from a list prepared by the Cable Administration Division. During the forum, the debate will be timed and the moderator will solicit and select audience input, and decide points of order. • If it becomes apparent that only one side of a forum is willing to participate, the Cable Administrator may make a decision to conduct the forum with only one side participating. In such a case, all of the rules as stated here for conducting a forum shall remain and be applied. Candidate forums: • For purposes of this policy, a person is considered to be a candidate from the time of announcing publicly for any public office until the election has been held. • This restriction that candidates can appear only in a limited public forum does not apply to persons who receive incidental air time as part of public meetings being cablecast on the channel, nor to officials acting as part of their regular duties when such activities do not involve partisan politics. • Ongoing series or programs featuring any elected City official may not be broadcast within 30 days of a contested primary or general election involving seats on the council or the mayor. • The City, through the Cable Administration Division, may conduct one candidate forum for each contested office before each election. As resources permit, forums may be conducted for school board and any goverment office representing the Fayetteville area, including City, County, State and Federal offices. These are the only candidate forums that will appear on the Government Access Channel. • Candidate forums for any contested office must be requested in writing by at least one of the declared candidates for that office. • No candidate forums will be held before the last filing deadline. Issue forums: In addition to the limited public forum criteria: • Issue forums must be requested by at least two elected city officials or any five Fayetteville citizens, who are registered voters, living within the city limits of Fayetteville. • • The issue must be related to government ordinances, policies, or activities, thereby serving a compelling government interest. • Issue forums may be sponsored by non-partisan or partisan entities, but they must satisfy all criteria listed above for limited public forums, with particular attention to all sides of the issue being given equal opportunity to appear and to the moderator being mutually agreeable to all entities involved in the forum. • Requests for issue forams must be made to the Cable Administration Division at least two weeks in advance. The Cable Administrator will verify that all criteria have been met and that resources are available to record the event (on a first come, first served and fifth -priority basis). If resources are not available, the forum will not be taped by the Government Channel staff for cable casting on the Government Access Channel. • All decisions by the Cable Administrator will be communicated in writing to the requesting parties. Appeals to the Administrator's decisions will follow the appeal process outlined in this policy. III. SCHEDULING A. The Cable Administration Division will be responsible for scheduling appropriate programs and spots on the Government Access Channel and for publicizing the schedule. Programs will be scheduled for cablecasting according to the following order of priority. B. Announcements or programs concerning emergencies affecting residents' health or safety. C. Regularly scheduled, recurring programs including informational series and • cablecasts of regular public meetings. D. One-time, special, or non -regular informational programs or cablecasts of meetings or other activities by government units. E. Public service announcements. F. Programs produced by persons, agencies, or groups outside of Fayetteville City government with whom the City contracts or to whom it grants money. These 4 programs must be submitted and approved for use on the Government Access Channel (See procedures for submission and approval of programming below). G. Limited public forums for both candidates and issues. H. Replays: Standard replays of meetings shall be one in the morning hours and one in the afternoon or evening hours, in addition to any live telecasting. Any City elected official, Department or Division head may request additional replays of City archived meetings and programs to be replayed. Programs and meetings originally requested by agencies, other than the City, may also be requested for such replays by the originating agency. Any three citizens may request any archived meeting or program to be replayed. Informational programs may be replayed from time to time, at the discretion of the Government Channel staff, to create continuous programming and more effectively disseminate information. I. The "Government Channel Bulletin Board" service giving printed information about both City and community events and services when other programs are not being cablecast. J. The "Government Channel Bulletin Board" is primarily intended to inform residents of government activities, meetings, and events. The Bulletin Board may also be used to inform residents of other "free" community events and activities sponsored by Fayetteville -based nonprofit, service, or charitable organizations. Bulletin Board announcements / messages will be aired at the discretion of the Cable Administration Division and will be subject to the following guidelines: Announcements / messages must be submitted in writing to the Cable Administration Division at least two days prior to their first airing. 1. Due to the limited space on the Bulletin Board, announcement / messages should be limited to space available on the Message Board Request Form. 2. Community announcements / messages may not nm niore than 2 weeks If they are to run more than 2 weeks, announcements / messages should be resubmitted or special arrangements made with the Cable Administration staff 3. Cable Administration staff reserves the right to edit for reasons of style and length all announcements / messages submitted for airing on the Government Channel Bulletin Board: IV. CONTENT AND PRODUCTION OF GOVERNMENT CHANNEL PROGRAMS 5 A. Because the staff of the Fayetteville Cable Administration Division is small, City Departments and Divisions requesting the production of a program must be willing to assist in the production of the program if asked to do so. This may include furnishing necessary information, gathering together persons and props to be used in the program, making on -air presentations, videotaping or editing the program, or paying for services provided. B. Except when (1) the intent is to use brief excerpts as part of a larger program or (2) when technical difficulties interfere, the public portions of any City Council meeting or other public meetings receiving coverage on the channel, including limited public forums, will be cablecast in their entirety, without editing or subjective comment. All other programming is subject to editing by the Cable Administration as long as such editing does not alter the factual content or overall intent of the material being cablecast. C. No promotion, endorsement or advertising for any private business, , commercial service or product, or any profit-making activity, will be allowed on the Government Access ChanneL However, brief audio and video credit may be given at the end of a program where special materials or assistance has been donated by a commercial or charitable enterprise. D. When questions arise as to the admissibility of material or language in this regard, the Cable Administrator will make a decision on whether it is to be cablecast. Appeals of these decisions may be made to the Telecommunications Board and City Council through the process outlined in this policy. V. USE OF EQUIPMENT, FACILITIES, AND STAFF A. City of Fayetteville employees wishing to use the video equipment and studio facilities shall make arrangements through the Cable Administrator. Loaning of equipment for personal or outside use shall not be authorized under these policies. Other citizens, groups, and organizations may apply to the Community Access Television provider for use of the equipment, facilities, and staff. VI. SUBMISSION AND APPROVAL FOR CABLECAST OF PROGRAMMING PRODUCED BY OUTSIDE AGENCIES A. Before a program or other spot is scheduled for cablecasting, it must meet minimum technical and broadcast aesthetic standards. These standards will be determined by the Cable Administration Division. Where a tape, slide show or film has been furnished by an entity other than city government, it must be viewed by the Cable Administration Division before it is scheduled or cablecast to ensure that it meets those standards. Programming of forums produced by outside agencies of declared candidates for any public office and 6 persons advocating any cause, viewpoint or proposed policy of a particular nature will not be eligible for cable casting on the Government Access Channel. B. All outside agencies, groups, or citizens desiring to cablecast programming other than forums on the Government Access Channel shall complete and submit a Cablecast Request Form from the Cable Administration Division no later than one week prior to the requested air date. C. This information should include the name and contact information of the person or group responsible for the production under consideration. D. The producer(s) will ensure the Cable Administration Division of the program's eligibility under the criteria and requirements listed above. E. The producer(s) will ensure that the program has obtained all necessary copyright clearances and permissions where legally required. F. The Cable Administration Division shall review the program, decide whether to grant or deny the request, and notify the producer(s) in writing within five business days of receiving a request. VII. APPEAL PROCESS FOR TAPING AND CABLECASTING A. The path for interpretation, decision making, and appeals under this policy includes first the Cable Administrator, followed by the Telecommunications Board, and finally the City Council. B. Any appeals to decisions by the Cable Administrator must be submitted in writing to the Fayetteville Telecommunications Board. C. The Telecommunications Board will consider appeals in a timely manner. D. if a programming request is not approved for cablecast on the Government Access Channel, the requesting party can request the program be videotaped pending the outcome of an appeal to the Telecommunications Board. All efforts will be made to videotape such programs based on available staff, equipment, or • other production resources. The program will not be cablecast until the appeal process has been concluded with a reversal of the Cable Administrator's decision. E. Producer(s) or other entities wishing to appeal decisions of the Telecommunications Board should forward their appeal to the Fayetteville City Council. The City Council will make the final decision based on its interpretation of this policy.