COMCAST PEG ACCESS PROGRAMMING
OPERATING PROCEDURES (revised March, 2003)
Introduction page 2
Definition of Terms page 3
Program Scheduling & Cablecasting Procedures page 8
Technical Standards page 10
Credits/Disclaimers/Labeling of Sensitive Material page 11
Grants, Underwriting and Sponsorship page 11
Personal Profit/Commercial Use page 11
Bicycled Tapes page 12
Use of Facilities and Equipment page 13
Volunteer Standards of Conduct page 14
Portable equipment page 16
Editing and Post Production page 17
Program Planning Proposal page 18
Program Content page 19
Prohibitions page 19
Comcast Program Rights page 20
Political and Issue-Oriented Programs page 20
Grievances/Public Record page 21
Bulletin Board Announcements page 22
Town-specific franchise requirements are separate and distinct from Comcast’s PEG access programming operating procedures.
I. INTRODUCTION
Comcast Vision Statement:
Comcast is committed to the creation and delivery of Interactive Broadband products and services that enable people to simplify and enhance their lives. We help our customers reach around the corner and around the globe. Our superior customer service reflects our dedication to an environment that embraces community, opportunity, integrity, and courage. We value balance in life and work, and believe our services contribute to that goal. Our excitement for the future ignites a passion for excellence and a belief that all things are possible.
Comcast provides communities with a wonderful opportunity for volunteers by providing public, education, and government access facilities and equipment. Our goal is to provide a safe and professional work environment for all. To achieve this, we want to inform you of what is expected of you and what you may expect in your relationship with Comcast.
At Comcast:
Therefore, the following standards of conduct have been developed. Violation of any one of these standards can result in loss of privileges to Comcast facilities. Comcast has full authority and discretion to deny access privileges as and when it deems appropriate.
Comcast provides channel time, production equipment, training, and technical assistance free of charge to residents for the production and presentation of noncommercial programs.
Residents can include the town’s inhabitants and employees, or members, of non-profit organizations and municipal agencies that serve the town. (See Organizational Access User definition). Any resident may request channel time for the presentation of a program. In order to use production equipment to produce a program, a resident must demonstrate adequate knowledge of the equipment or receive training in its use and certification by Comcast's staff.
Comcast's staff will provide training in the use of equipment and customary studio and field production, editing, and post production, along with technical assistance in program production. Comcast's staff is not available to serve as a production crew to make programs or cover events for volunteer producers. Comcast's staff will assist residents in assembling production crews from among trained and qualified volunteers.
Comcast reserves the right to review all definitions and policies contained in this Access User Policy Manual and has the discretion to make changes as it deems necessary.
II. DEFINITION OF TERMS
Access Channels -- Channels set aside by the cable operator for use by the public, educational institutions, municipal government, or for lease on a nondiscriminatory basis.
Access Coordinator -- As used in this document, the term refers to an Comcast Employee who trains and provides supervision in the use of Comcast studio and equipment.
Access User -- Any qualified individual who is a resident, or employee, (or member), of a non-profit organization, or of a municipal agency that serves the town. He must qualify by successfully completing training and sign the Access User Agreement. Then he may schedule equipment, facilities and/or channel time in his own name. (Such an individual may or may not be a producer. See that entry for more information.)
Advertising -- Calling public attention to one's product, service, need, etc. for profit-making purposes. Solicitation of money or support for goods, political candidates, or political opinions through bulletin board text pages, :30/:60 second full motion video spots, or infomercials. Comcast does not accept commercial or political full motion video advertising on access channels. Except where prohibited by the local franchise agreement, Comcast will accept community bulletin board text advertising.
Alphanumeric Keyboard -- A keyboard that allows communications with a computer in letters and numbers.
Bicycled Tape -- A videotape that is not produced in the town, rather, it is pre-produced and prerecorded material that is shipped or brought to operators for PEG Access use.
Broadband Communications System -- Frequently used as a synonym for cable television. It can describe any technology capable of delivering multiple channels and services.
Cable Television System -- A broadband communications system, capable of delivering programming and information services from a set of centralized antennas, generally by coaxial cable, to a community. Other integration includes fiber optics and satellite and microwave communications.
Candidate, legally qualified for office -- Any person who has publicly announced candidacy by formal declaration and meets the legal qualifications for office, and these conditions:
For all offices other than U.S. President and Vice President:
· If running for nomination in a primary election: (a) qualifies for a place on the primary ballot, or (b) has publicly committed to a write-in campaign, is eligible for write-in, and is making "substantial showing" of candidacy.
· If running for nomination through convention or caucus: (a) start of convention is less than 90 days away and (b) candidate is making a "substantial showing" of candidacy.
· If seeking election to office: (a) has qualified for a place on the ballot or (b) has publicly committed to write-in campaign, is eligible for write-in, and is making "substantial showing" of candidacy.
For office of U.S. President and Vice President:
· If running for nomination by any means: (a) has qualified for the primary or presidential ballot; or (b) has made a "substantial showing" of bona fide candidacy; or (c) has met the "10-state" rule, by qualifying for nomination or election in 10 states.
· If seeking election to office: (a) has qualified for a place on the ballot; or (b) has publicly committed to a write-in campaign, is eligible for write-in, is making "substantial showing" of write-in, and is making a "substantial showing" of candidacy; or (c) has met the "10-state" rule, by qualifying for nomination or election in 10 states.
CG (Character Generator) -- Device which electronically displays letters and numbers on the television screen.
Channel Capacity -- Maximum number of channels that a cable system can carry simultaneously.
Copyright -- The exclusive right to the material contained in a program. The right covers reproduction, publishing, and broadcasting of information.
Crew -- Access Users working with the producer and/or Access User to assist in the production of programming. Comcast understands it may be difficult for resident producers to find adequate crew from within the town. Crew members that are non-residents must fulfill all the requirements of Comcast’s PEG access programming operating procedures, including signing the Access User Agreement, but excluding the residency requirement, under conditions set forth and approved by Comcast. It is expected that non-resident crew members will be an exception and will constitute a very small minority. Non-residents involved in any programs shall be limited to the production crew only. Only residents of communities served by Comcast, set forth in Cable Licenses signed in those communities, may be producers.
Dedicated Channel -- Any channel reserved for a particular use.
Distant Signals -- Television channels from another market imported and carried locally by a cable television system.
Downstream -- The flow of signals from the cable system headend through the distribution network to the subscriber.
Earth Station -- Structure, referred to as a "dish", used for receiving and/or transmitting those electromagnetic signals coming from or going to a satellite.
Educational Access -- Channel time reserved for noncommercial educational access programming.
Federal Communications Commission (FCC) -- The U.S. governmental agency established in 1934 to regulate electronic communications. The FCC succeeded the Federal Radio Commission.
First Time Access User -- An individual or non-profit organization which has not used either the equipment, facilities, or channel time during the preceding twelve months.
Franchise -- Contractual agreement between a cable operator and a governmental body that defines the rights and responsibilities of each in the construction and operation of a cable system within a specified geographical area.
Government Cablecasting -- Access for federal, state, and local officials to disseminate information to their constituents via cable television. This can be achieved by the official submitting videocassettes to the cable operator, sending abridged newsletters for display on a system's alphanumeric channel, or participating in interview programs on access channels.
Hardware -- Equipment involved in the production, storage, distribution, or reception of electronic signals. (Examples are headend, coaxial cable network, amplifiers, television receivers, and production equipment, like cameras and videotape recorders.)
Headend -- Electronic control center of the cable system. This is the site of the receiving antenna and the signal processing equipment essential to proper functioning of a cable system.
HUBS -- Distribution centers where signals are taken from a master feed and transmitted over cable to subscribers.
Independent -- Individually owned and operated cable television system; not affiliated with an MSO.
Institutional Network -- A network which is operated in conjunction with a cable TV system, which is designed to satisfy the needs of schools, businesses, or government.
Interconnect -- Connection of two or more cable systems by microwave, fiber, coaxial cable, or satellite, so that programming or advertising may be exchanged, shared, or simultaneously viewed.
Issuing Authority -- Governmental body responsible for specifying the terms of a franchise, awarding the franchise, and regulating its operation. While the franchising authority is usually a local city or county body, some areas are regulated exclusively on the state level.
Leased Access -- Any channels made available by the operator for a fee.
Libel -- A written or oral statement that conveys an unjust characterization.
Local Origination -- Cable programming entirely planned and produced by Comcast staff and/or a pre-produced videotape that is cablecast on a channel controlled by the cable operator.
Local Origination Programming -- Programming in which program planning and production is carried out by the Comcast staff. There may be volunteer input on ideas and involvement in the production, but editorial control and responsibility rests with the cable operator.
Local Signals -- Over-the-air broadcast signals available within the Grade B contour of a community; usually carried on a cable system's basic tier of programming.
MSO (Multiple System Operator) -- Company that owns and operates more than one cable television system.
Narrowcasting -- Delivery of programming that addresses a specific need or highly focused audience.
Obscene Material -- Material which fits the legal definition of obscene or indecent material under local and state laws.
Ordinance -- Enabling legislation passed by a local government to establish guidelines for the franchising process.
Organizational Access User -- Any member of a non-profit organization with a 501(c)3 identification number that serves the town, or employee of a municipal agency that serves the town, that has scheduled equipment, facilities, or channel time in its name. An organizational Access User is subject to the same weekly facility and channel limitations as individual Access Users, whether one or several individuals book time in the name of the organization. If a member of any such organization is not an inhabitant of the town, he may only produce programming that is sponsored by the organization to which he belongs.
PEG -- Refers to "public, educational, and governmental" access channels; i.e. PEG channel(s).
Penetration -- Ratio of the number of cable subscribers, or pay-TV subscribers, to the total number of households passed by the system.
Producer -- An access or organizational user that is responsible for the production of a PEG Access cable program. The producer is Comcast’s main contact for a program and must be a resident of the town served by the facility. While a program may involve many Access Users working on the same production, the producer agrees to be personally and financially responsible for all liabilities arising from safety and other violations of Comcast’s PEG access programming operating procedures by themselves or any members of the production crew. (In the case of a minor, his parent or guardian assumes all responsibility for program content and other liability outlined in Comcast’s PEG access programming operating procedures and the Access User Agreement).
Programming -- the news, entertainment, information resources, and educational presentations carried on a cable system or broadcast by a radio or television station. Such programming can originate at the local, PEG Access, regional, or national level.
Public Access -- That channel time, available on a first-come, first-served, nondiscriminatory basis, specifically for noncommercial access programming by residents or local non-profit organizations.
Public Access Programming -- Programming produced by volunteers using Comcast facilities and equipment. When an access user brings in a prerecorded tape for cablecast, it is also considered public access. In both these instances, Comcast, by federal law, may not edit or control content. This programming must be noncommercial.
Regular Access User -- An Access User that has used either the equipment, facilities, or channel on two or more occasions in the four-week period prior the current request for scheduling. Regular Access Users also include those who have used the facilities or channel on a monthly basis for at least six months prior to the current request for such use.
Satellite -- Device located in a geostationary orbit above the earth which receives transmissions from separate points and retransmits them to cable systems over a wide area.
Slander -- A false oral statement that is meant to defame a person's character.
Staff -- Those employed by Comcast.
Subscriber -- Customer paying a monthly fee to cable system operators for the capability of receiving diverse programs and services.
Training -- Evidence of proper training is the ability to complete a task without staff assistance. The requirements for completing training are defined by the Access Coordinator as applicable to the program under production.
Upstream -- The flow of data or voice signals from a remote origination point through the cable system to the headend.
Users – See Access User.
Volunteer – Access Users who volunteer their services for assisting in the production of programming.
III. PROGRAM SCHEDULING & CABLECASTING
Channel and facility times are provided on a first-come, first-served, nondiscriminatory basis to any resident Access User filing a request, in accordance with the operating rules. It should be understood, however, that since this is a shared resource, specific channel time and equipment use requests cannot always be guaranteed.
A. Scheduling Channel Time
1. Requests for channel time shall be processed on a fair and equitable, nondiscriminatory basis, subject to the availability of cablecasting equipment and channel time.
2. Channel time scheduling requests must be submitted at least eight (8) weeks prior to the desired cablecast date. At the discretion of staff, and if the desired time slot is available, the eight-week submission rule may be waived to allow the timely cablecasting of newsworthy events.
3. Access Users must sign an Access User agreement and channel request form before any program is cablecast. Approval by the Access Coordinator is required.
4. If scheduling and equipment allows, a taped program may be repeated any time during any weekly period, for a total of two (2) cablecasts. All programs are cablecast no more than twice within a given week. First-run programs have priority over reruns in slot scheduling.
5. Comcast reserves the right to use designated access channels for other purposes, where time on the designated channels has not been scheduled for designated access purposes in accordance with Comcast’s PEG access programming operating procedures.
6. Requests for consistent time slots: Program series will be allocated at the discretion of the staff, provided ample time remains available for other programming requests and if the following conditions are met:
a. PEG Access User(s) produce the material.
b. Titles and descriptions of programs are submitted to the Access Coordinator at least six (6) weeks in advance of the scheduled time.
c. Access User has new material on a consistent basis.
d. A crew has been trained and certified.
e. If a series access user regularly fails to have the program ready for scheduled cablecast, the staff may, at its discretion, assign the time slot to other Access Users.
f. A series will receive priority scheduling over programs airing one time.
g. A series time slot will be allocated for new series only if:
1. Access User has completed two taped programs prior to application, or
2. Access User has successfully produced two live programs in the proposed series.
7. Except for live and series programming, channel time will generally not be scheduled until a program is complete and all the information pertaining to the program is supplied to the staff for scheduling.
B. Scheduling Conflicts
1. Facility use for tape dubbing, practice, or any other personal purposes shall have the lowest priority and may be bumped from a requested time slot if facilities are needed for programming.
2. If none of the above apply, staff may resolve the conflict at its discretion.
C. Cablecasting Procedures for Videotape
C. Cablecasting Procedures for Videotape (continued)
4. The end of a cablecast program must include the following, in this order:
5. Videotapes owned by the Access User must be picked up within ten days of the
last cablecast. After sixty (60) days, Comcast assumes no responsibility.
(72) hours prior to the scheduled cablecast, unless otherwise arranged with the Access Coordinator.
D. Technical Standards
E. Credits/Disclaimers/Labeling of Sensitive Material
F. Grants, Underwriting and Sponsorship
G. Personal Profit/Commercial Use
Individuals, non-profit organizations, or any other Access Users may not use all or any part of the program for personal profit or gain without the express written permission of Comcast. Comcast may require that a producer share such profits in order to compensate for the facilities, equipment, tape supplies, and staff time that were provided to the producer. Access Users found to be using the facilities or equipment for personal profit without prior permission will be subject to loss of privileges.
G. Personal Profit/Commercial Use (continued)
Reimbursements for profit making programs are as follows:
H. Bicycled Tapes
Videotape that is not produced in the town, rather, it is pre-produced and prerecorded material that is shipped or brought to operators for PEG Access use. Bicycled tapes must be strictly noncommercial in nature, and technical and production quality must be high. Locally produced programs will receive priority scheduling.
IV. USE OF FACILITIES AND EQUIPMENT
Comcast’s channels and facilities are a medium for expression and free speech. No individual will be denied the use of the facilities on the basis of race, sex, age, physical disability, religion, or political belief. It is hoped that PEG Access residents, non-profit organizations, and institutions will utilize this resource as a means to produce a wide variety of programs.
B. General Facility Policies -- Comcast is pleased to provide facilities, equipment, and channel time for television productions. In return, we ask that Access Users obey all of the franchise requirements and Comcast’s PEG access programming operating procedures regarding channel and facility use.
Public, educational, government access programming is created by volunteers and depends on the participation of many active, trained volunteers who use video communication tools in order to independently reflect their ideas. Staff will assist residents in assembling production crews from among trained and qualified volunteers. Non-profit organizations and municipal agencies planning to do programs on a regular basis are encouraged to form a television production committee, which Comcast will then train. Training for the production of programming will be provided on a first-come, first-served, nondiscriminatory basis in accordance with the Comcast’s PEG access programming operating procedures.
D. General Rules for Equipment Use (continued)
All work and master tapes will be subject to recycling at the discretion of staff.
E. Portable/Field Equipment
Check-out:
Check-in:
must be made at least 30 minutes before the facility closes.
week and seventy-two (72) hours over the weekend. Longer loan periods must be requested at the time the reservation is made and will be honored at the discretion of staff.
Requests to use the editing equipment for titles, special effects, etc. shall be made at least twenty-four (24) hours in advance and will be subject to the discretion of staff.
Studio productions need a crew, talent, set, props, etc. A crew sign-up sheet will be available to solicit other volunteers.
production.
A planning proposal describes the program idea, lists the target audience, outlines production needs, and selects the appropriate production format, facilities and equipment needed to complete a program. A Program Planning Proposal also determines the production responsibilities and copyright ownership. These and other forms are available for planning productions, including a Crew Sign-up Sheet, Pre-Production Planning Form and Post-Production Planning Form. These optional forms are recommended for additional guidance.
V. PROGRAM CONTENT
content of all program material and have the following program rights and
privileges:
1. Ownership of rights to all original material.
2. To request that program master videotapes held by Comcast be
discontinued from cablecast or erased in the event that program
information becomes outdated or obsolete.
3. To play or distribute the videotape, for nonprofit purposes only, provided
Comcast is given graphic credit within the videotape at each cablecast date
or play.
4. Videotapes for making duplicates (dubs) of program masters, or any other
tapes, must be provided by the individual or group making the
dub.
5. Duplication services may be purchased from Comcast at a low cost to the
Access User. Access Users are permitted one free dub of their completed, ready
for telecast program provided they furnish a blank tape.
apply to raw, unedited, or work print footage.
Access Users may also make copieswithout charge for the purpose of using their program as a bicycled tape at other facilities.
(See page 12).
on cable television by federal law.
or which might violate any other local, state or federal law.
material generally requires obtaining appropriate rights from music licensing
organizations, publishers, representatives, copyright holders, broadcast stations,
networks and any other persons as may be necessary for cablecast. Access Users may
be asked to furnish written authorization for use of such materials.
4. Program material that creates the immediate danger of damage to property
or injury to persons; the substantial obstruction of law enforcement or
functions or services; the deprivation of any person by threat, threat of
force or physical action through the exercise of a legal right, or the disturbance
of any person in the enjoyment of a legal right; or the creation of a public nuisance.
5. The direct or indirect presentation of lotteries or lottery information, except
for announcements pertaining to state-sponsored lotteries.
Educational, or Governmental uses of access channels.
As Comcast has provided materials, facilities, and staff support for the production of programs, Comcast has the following rights:
1. To retain the edited master of the program for its tape library.
2. To make duplications of the program for noncommercial distribution, except where permission has expressly been denied in advance. Producers will always be given graphic credit in the videotape for such use.
3. To cablecast the program as often as is deemed appropriate and on any of its affiliated cable systems.
4. To exercise the option of erasing an obsolete or unusable program after it has been cablecast.
5. Comcast should be notified of any subsequent use of any tape produced and cablecast with television facilities if the producer received any profit or remuneration.
6. Comcast must be reimbursed for equipment rental at fair market value or 50% profit whichever is smaller. This is not a rental agreement.
7. Comcast will own programs produced by Comcast’s staff. When Comcast staff produces a program, with the assistance of volunteer or staff crew, it is considered to be Local Origination Programming and copyright ownership is held entirely by Comcast.
Comcast will abide by the Equal Opportunities Rule and the Fairness Doctrine. Most FCC regulations applying to political candidates and issues do not apply to public access. The two best known rules are the Equal Opportunity or "Equal Time" Rule, which applies to political candidates and the Fairness Doctrine (no longer in force for broadcast stations), which stated that broadcast programmers must give time, not necessarily equal, to diverse sides of controversial issues of public importance. The FCC "Personal Attack" rule also does not apply to public access.
D. FCC Regulations Regarding Political and Issue-Oriented Programs (continued)
Although FCC regulations concerning equal time for political candidates do not apply to public access programming, access corporations and Access Users can avoid any appearance of favoritism if they abide by the Equal Opportunity rules.
2. Coverage of Public Affairs Issues and Access
Public Access Users are under no legal obligation to show any viewpoint other than their own. Residents with diverse viewpoints are encouraged to use public access to express those ideas.
3. Political Advertising Options
VI. GRIEVANCES/PUBLIC RECORD
A. Grievances -- Any grievance regarding the assignment of workshop space, channel time allocation, equipment and studio use, or any other matter regarding Comcast facilities should first be discussed with the Access Coordinator. If that does not provide an acceptable solution, a grievance may be filed in writing with the Area Access Supervisor.
B. Public Record -- Comcast maintains a complete public record of all persons, groups, or organizations requesting use of the political, EEO, and children’s files. The file shall be made available to the public for inspection during staff hours. All records will be kept a minimum of two years. Copies of all public file documents are available for copying upon request. However, the requesting party must pay the copying costs and the copying may be done at the location specified by Comcast within seven (7) days of the request. Persons requesting inspection of the public file shall identify themselves by name and address, in writing. Persons inspecting the public file may not remove any records from the premises. Although all documents pertaining to use must be kept on file, Access User identity can be kept anonymous upon written request.
a. All requests for cablecast time by candidates for public office.
b. The disposition of the request.
c. The amount, if any, paid for the cable time.
B. Public Record (continued)
FCC rules require sponsorship identification of cablecast material paid or bartered for by any business enterprise. The rule is waived for individual "want ads" or classified ads. Whenever this exemption is used, a list of the names, addresses, and telephone numbers of sponsors of want ads or classified advertising must be retained.
Cable operators should obtain quarterly certifications of compliance of the Children’s Television Act from cable networks. Cable operators will not be responsible for compliance on either the broadcast signals they passively carry or on PEG Access channels; however, cable operators engaged in the local origination of children's programs must follow the requirements applicable to broadcasters. Records verifying compliance will be retained for a period of one year.
VII. BULLETIN BOARD ANNOUNCEMENTS
A text information service is available, free of charge, to non-profit organizations providing public service announcements and/or event information to the town.
2. Message request should be submitted one (1) week prior to the desired starting
date.
3. General messages that do not pertain to a specific event will be shown as long as
possible depending on available space. In order for the message to be renewed, a request must be re-filed every six (6) months.
board announcements.