CHERRY CAPITAL CABLE COUNCIL

Public Access Advisory Subcommittee

PUBLIC ACCESS POLICY


1. PURPOSE AND MISSION STATEMENT

The purpose of this Policy is to clearly define the rights, roles
and responsibilities of the Cherry Capital Cable Council
(hereinafter known as "CCCC"), the coordinating public
access production facility Traverse Area District Library
(hereinafter known as "TADL"), and the individual or group
using, or requesting use of, the public television access 
facilities. This Policy shall not be in conflict with the
 "Cable Television Consumer Protection and Competition Act of 1992." 

It is the intent of the Cherry Capital Cable Council, through 
its agreements with Charter Communications and Traverse Area 
District Library, to provide equipment, facilities and training 
to empower qualified individuals and groups to speak for themselves 
through public access television in accord with their first amendment 
rights. The public access channel(s) shall be a vehicle for public 
expression in accord with all existing laws and regulations. 

It is not the intent of the CCCC, or its contractual agents, to 
inhibit or restrict the public use of any public access channel(s) 
or production facility, but to ensure that all persons and groups 
wishing to use the access channel(s) or facilities, have an equal 
and fair opportunity to take advantage of the communications potential 
of the public access concept. 

The CCCC, or its Public Access Advisory Subcommittee (hereinafter 
known as the "Subcommittee"), shall be responsible for the periodic 
examination of this Policy, and the Subcommittee may recommend appropriate 
revisions as needed to the CCCC for approval. 


2. DEFINITIONS

A. A "Qualified" individual or group resides in, or has its primary 
location or place of business in a city, township, or other governmental 
unit represented on the Cherry Capital Cable Council.  A "qualified" 
individual must have reached the age of twelve (12) years.  The CCCC may, 
through amendment, agreement, or contractual arrangement, allow for the 
inclusion of residents of other political or geographic entities at its 
discretion. 

B. A "Producer" is a qualified individual or representative of a 
qualified group who has satisfactorily completed the required course 
of study at TADL relative to the use of public access facilities, or 
one who can demonstrate to the satisfaction of the Public Access Studio 
Coordinator a working knowledge of program production. 

C.  A "bicycled" tape shall mean any program produced by any group 
or individual outside of the tctv2 Cherry Capital Cable Council qualifying 
area.  Programs produced by any group or individual within the Cherry 
Capital Cable Council qualifying area, even wholly outside of tctv2's 
studio and without tctv2 equipment, shall be considered "locally produced".


3. CHANNEL AVAILABILITY

The public access channel(s) are provided by Charter Communications, through 
a franchise agreement with the CCCC and its contractual arrangement with 
TADL, to enable programming opportunities to any qualified individual or 
group wishing to originate a television presentation in accord with this 
Public Access Policy, production facility rules, and existing communication 
laws and regulations. Charter Communications and TADL shall cooperate with 
the CCCC to ensure that use of public access channel(s) shall reach its 
fullest potential and best serve the geographic and service area of the CCCC. 

4. STUDIO AND EQUIPMENT AVAILABILITY

For the purposes of this Policy, the TADL Television Production Facility 
located on the second floor of the Traverse Area District Library at 
610 Woodmere Ave., Traverse City, shall be known as the Public Access 
Television Facility (hereinafter referred to as the "studio"). The studio 
shall be available on a first come, first served basis to Producers at 
specified times that shall be posted at the studio. 

TADL shall maintain a production and video recording studio which 
shall be capable of producing, recording, cablecasting, or playing back 
an audio and video signal sufficient to meet the needs of the studio. 
The signal shall be in compliance with all standard cablecasting 
qualities. TADL shall maintain a blank media supply for use by Producers. 

The studio shall be made available for editing. 

For remote production, that being the production of televised programming 
at a site other than the studio, portable equipment and supplemental 
production gear shall be supplied free of charge to any Producer under 
the terms of this Policy. 

Limitations to equipment availability shall depend on inventory of 
operational equipment. TADL reserves the right to cancel scheduled 
studio, post-production and/or portable equipment use by any Producer 
due to holidays, service and maintenance of the studio and/or equipment. 

The CCCC, through its Subcommittee or other service evaluation 
mechanisms, shall continually assess the adequacy of studio access 
time, channel access time, and equipment availability. The Subcommittee 
may recommend changes as necessary to ensure complete public access to 
the CCCC for approval. 

One or more TADL employee(s) shall be designated as the PEG Coordinator(s) 
who shall offer assistance to the certified producer. These personnel 
are responsible for the scheduling and use of the studio and equipment. 
These personnel shall be available as technical advisors to PEG producers.  
TADL studio staff are responsible for the actual cablecasting of access 
programs as scheduled.  TADL/tctv2 employees and contract employees 
may record and edit programs pursuant to agreements with 4Cs governmental 
entities.


5. REQUIRED TRAINING AND CERTIFICATION

Any qualified individual or group who wishes to use the equipment shall 
become a Producer by completing the required course of study offered by 
TADL or satisfactorily demonstrate to the Public Access Studio Coordinator 
a working knowledge of production skills sufficient to waive the required 
courses. Courses leading to certification shall be offered on a regular 
basis and shall be offered at a minimal cost to the applicant. The courses 
leading to certification are described in the Appendix. A listing of all 
coures, schedules, and descriptions are available at TADL and the studio. 

6. FEES

There shall be no charge for the use of the designated studio or equipment 
for live or taped presentations. 

7. APPLICATION TO USE STUDIO AND/OR EQUIPMENT

Application for use of studio or equipment shall be made to the Public 
Access Studio Coordinator at TADL and shall comply with the established 
procedures, regulations and policies as set forth herein and as approved 
by the CCCC and posted at the studio. Producer shall have on file with the 
PEG Coordinator at tctv2 a fully completed Public Access Channel 
Studio/Equipment Producer Compliance Form before applying to use 
the studio and/or equipment. This form shall be kept on file at tctv2 
for a period of one year after which time it must be renewed in order 
for the producer to remain active at tctv2.

If the applicant is under eighteen(18) years of age the applicant shall have 
a parent or guardian cosign the necessary studio and equipment request forms. 
The cosigner along with the applicant shall be financially and legally responsible 
and liable for any damage to the equipment and/or studio beyond normal wear and 
tear and any other matters connected with the public access production. 

The person using the equipment or studio shall meet the requirements of 
certification. A certified adult user may not sign for and relinquish 
control of equipment and/or studio time to a non-certified minor. 

The Public Access Studio Coordinator, or any other individuals supervising the 
studio and/or equipment, shall not deny access to any Producer who has met the 
requirements of this Policy. Access to the studio and/or equipment shall be 
denied to any person reasonably suspected to be under the influence of alcohol 
or drugs or to appear to be at the studio for no apparent legitimate reason. 

The CCCC, through TADL and the studio, shall keep for public inspection all 
scheduled program titles cablecast on the public access channel(s).  tctv2 
may keep records of program producers in the FACIL database for statistical 
and recordkeeping purposes, and may keep records of equipment usage related 
to the making of programs.  These records may not be available for public 
viewing subject to current laws.



8. LIABILITY

The Producer is responsible for any damage caused to the studio and/or 
equipment by the Producer or its agents, employees, guests, or invitees, 
and shall pay for the repair or replacement of any damages to the studio 
and/or equipment. If there is more than one Producer or a cosigner, the 
liability shall be joint and several. This liability is independent of 
any liability of the group or organization which the Producer may 
be representing.



9. OBTAINING EQUIPMENT

Equipment shall be made available to Producers through
the studio, and a list of available equipment shall be posted at the studio 
and available to the CCCC. Equipment shall be made available on a first come, 
first served basis. Equipment shall be made available and shall be returned 
in accord with studio rules. Those rules shall be prominently displayed and 
available to applicants and certified producers. 

10. SCHEDULING AIR TIME

The applicant requesting air time shall be a Producer. The applicant shall 
complete and sign the necessary forms as presented by the studio coordinator. 
Except for live and series programming, time shall not be scheduled until a 
program is completed. 

A request for air time shall be made at least two (2) weeks, but not more 
than two (2) months, in advance of the proposed cablecast date. The Producer 
shall be notified of the inability to cablecast a program at the requested 
time, or at the requested frequency, within five (5) days after the 
request is made, except in the case of bicycled programs, which will 
not be scheduled until all local programs have been scheduled. 

While there is no theoretical limit to the length of a program, there are 
practical limitations due to channel time availability. These constraints 
shall be discussed with the Producer. 

If scheduling allows, a program may be repeated.  If repeated, programming 
will be alternated with other available programs so that no one program gets 
excessive playtime (relative to other programs) or favorable playback times.

Requests for series time slots shall be fulfilled provided that sufficient 
time is available for other requests and if: 
a. The program has new content at least every four (4) weeks, and 
b. The certified producer has at least three (3) programs in the can 
(completed),  and  
c. The program is local.

Requests for the cablecasting of programs produced or originating outside 
the area require a local Producer sponsor. When used, such "bicycled" 
programs/tapes shall be presented as part of a longer program with 
locally originated opening and closing statements or remarks. 

Upon request of a Producer, live programs may preempt scheduled taped 
programs if the content of the live program is determined to be 
time sensitive by the Public Access Studio Coordinator. 

TADL reserves the right to cancel scheduled air time due to facility 
service needs or required maintenance, or other extraordinary events 
or circumstances. 

Questions regarding scheduling, preemption or cancellation shall 
be discussed with the Public Access Studio Coordinator first. 

11. POLITICAL PROGRAMMING

Political programming shall be subject to the same policies and rules 
as other programming including scheduling of air time.  Political 
advertising is not permitted on the public access station as noted 
in Policy#15(a).

The TCTV2 Coordinator shall publish and cablecast for local candidates, 
local political organizations, and local ballot question committees, 
regarding the availability of air time and production assistance 
and such other notice as is reasonable and as may be prescribed 
by rules or policies of TCTV2.

12. "FIRST USE" OF PROGRAMMING

The CCCC asserts the right to "first use" of programs produced, 
in whole or in part, using equipment, studio and/or staff time 
owned by or under contract to the CCCC. "First Use" means the 
initial broadcast use and does not imply any continuing 
initial use.

13. PROGRAM OWNERSHIP AND COPYRIGHT

Producers shall retain ownership of the creative rights to
the programs they produce and may register and establish a 
copyright at their discretion. The studio shall provide a 
necessary amount of tape or disk space for Producers to 
complete a project in a format suitable for cablecast. 

The CCCC, through its arrangement with the studio, shall 
retain ownership of a copy, electronically or on physical 
media, of the submitted program.  This copy shall be retained 
for not less than sixty (60) days from the last Playback date. 
A copy of the program shall be available to the Producer. 
Producers shall secure the appropriate copyright clearances 
prior to using music and other copyrighted material. 

14. STUDIO RULES

The Public Access Studio Coordinator shall establish rules for 
the use of the studio and present those rules to the Subcommittee. 
The Subcommittee shall then recommend those rules with or without 
changes to the CCCC. Upon the certification of those rules by the 
CCCC, the rules shall be posted in a conspicuous place at the 
studio for review by Producers and other participants. The rules 
shall include but shall not be limited to the following: 
a. Rules regarding the use and care of both studio and equipment. 
b. Rules regarding Producer accountability for actions. 
c. Rules regarding non-essential personnel during production time. 
d. Rules regarding smoking, drink, and food during production time. 
e. Rules regarding studio conduct during production time. 

Any violation of these rules may result in withholding the use 
of equipment and /or studio from the violator. 

15. CENSORSHIP

Each program may be subject to review by the Public Access Studio 
Coordinator prior to playback and/or broadcast. The Producer is 
responsible for the content of the program and is required to 
sign the hold harmless and indemnification agreement which is 
part of the Public Access Channel Air Time Request Form. 

The CCCC permits and encourages the broadest, most liberal use 
of the public access channel(s) as possible, as long as that 
use complies with the following requirements subject to the 
general standards of the community. The Producer 
shall not: 
a. Cablecast any advertising material designed to promote the 
sale of commercial products or services, including advertising 
by and on behalf of candidates for public office. 
b. Cablecast a lottery, any advertisement of or information 
concerning a lottery. 
c. Cablecast obscene, pornographic, indecent, libelous or 
slanderous material. 

16. VIOLATIONS AND SANCTIONS

Policy and/or Rule violations shall be classified as either 
minor or major violations. 

Minor Violations and Sanctions

Minor violations include, but are not limited to: 
a. Failure to cancel or claim a reservation of equipment 
or studio twenty-four 
(24) hours prior to the time reserved. 
b. Late return of equipment without an authorized 
extension of loan time. 
c. Failure to vacate the studio or editing facilities by 
the end of reservation 
time. 
d. Return of dirty equipment. 
e. Use of equipment or studio in an unsafe or 
inappropriate manner 
f. Leaving trash or debris in the studio. 
g. Reserving or checking out equipment for another Producer 
without approval. 
h. Canceling equipment or reservations three times within a 
thirty (30) day period. 

A minor violation may result in the following sanctions in 
addition to the 
responsibility to pay for the repair or replacement of any 
damages to the studio or equipment. 
a. For the first minor violation a written warning. 
b. For the second minor violation a one (1) month suspension 
from equipment, studio 
and air time. 
c. Subsequent minor violations a one (1) year suspension and 
recertification. 
Public Access Studio Coordinator shall file a written report 
to the CCCC regarding 
any suspension. 

Major Violations and Sanctions

Major violations include, but are not limited to: 
a. Failure to pay for equipment damage or loss. 
b. Submitting a check with insufficient funds. 
c. Failure to conform with "first use" of programs produced with 
CCCC equipment or studio. 
d. Abuse, vandalism, or failure to maintain equipment or studio. 
e. Return of equipment in damaged or unworkable condition, or failure 
to return equipment, through intent, negligence, loss or theft. 
f. Use of the studio and/or equipment for any purpose unrelated 
to public access program production. 
g. Unauthorized removal of equipment from the studio. 
h. Reserving or checking out equipment for use by an uncertified 
or suspended user. 
i. Attempted equipment maintenance or disassemble. 
j. Unauthorized use of equipment or studio. 
k. Breach of the program Air Time Request Compliance and 
Indemnification statement. 

A major violation may result in the immediate suspension for at least 
thirty (30) days from use of equipment, studio, and air time in addition 
to the responsibility to pay for the repair or replacement of any damages 
to the studio or equipment. Any subsequent major violation shall result 
in the revocation of privileges for five(5) years. Where damage to or loss 
of equipment has occurred, suspension is in effect until full compensation 
is made. There are no written warnings prior to suspension in cases of major violations.


17. NONDISCRIMINATION

No persons shall be denied training, equipment, facility
access, or channel time on basis of race, sex, physical disability, sexual 
preference, religious or political belief or affiliation. 

18. APPEALS

Any individual or group may appeal any decision or interpretation of 
the Public Access Studio Coordinator by submitting a written request to 
the Public Access Advisory Subcommittee who shall make a determination 
on the request within 30 days. The individual or group may then appeal 
any decision or interpretation of the Subcommittee by submitting a 
written request to the CCCC who shall place this request on the agenda 
at the next regularly scheduled meeting. Decisions of the CCCC shall be final. 

19. AMENDMENT

This Policy can be amended only by the CCCC and box tv.