SCTV strives to provide quality educational, governmental, and public access programming to Summersville's residents and area citizens. SCTV staff regularly produces an average of four hours of original programming per week. One of the main goals of SCTV is to facilitate local organizations and citizens to create their own media for distribution on Channel 12 and SCTV Channels on the web.
SCTV is dedicated to providing equal access to all Summersville area residents, regardless of race, age, gender, political persuasion, religion or economic status. Its employees and volunteers work hard to provide high quality, noncommercial television programming.
SECTION 2: PUBLIC ACCESS, EDUCATIONAL, AND GOVERNMENTAL PROGRAMMING
Governmental programming shall be produced and managed by SCTV in accordance with the requirements contained in Section 3 below. Educational programming shall be produced by local schools, by SCTV in conjunction with local schools, or by third parties in conjunction with SCTV in accordance with the requirements contained in Section 4 below. Public access programming shall be supervised by SCTV, but shall be produced and managed by volunteer community producers in accordance with the requirements contained in Section 5 below. All legal rights to programming broadcast on the public, educational, and governmental (“PEG”) channel reside solely and exclusively with SCTV. Any and all videotapes, audiotapes, or other original tangible depictions of programming on the PEG channel are the sole and exclusive property of SCTV. Programming on the PEG channel shall not be commercial in nature. For purposes of this Section, the term “commercial programming” shall mean the placement of advertisements or other solicitations designed to promote the sale of specific products or services by for-profit corporations, partnerships, or other business entities.
SECTION 3: GOVERNMENTAL PROGRAMMING
The term “governmental programming” shall mean programming that informs the public regarding federal, state, and local government projects, community activities, and public policy decisions that affect the City of Summersville or surrounding communities. In order to be deemed “governmental programming”, a specific program to be produced and/or broadcast on the PEG Channel must have the support of the City of Summersville, Nicholas County, State of West Virginia or any agencies thereof. All governmental programming shall be produced and/or managed by SCTV. Government related programming submitted by community producers shall be deemed “Public Access Programming” in accordance with the requirements contained in Section 5.
SECTION 4: EDUCATIONAL PROGRAMMING
The term “educational programming” shall mean programming related to public, private, and parochial schools located in the Summersville area, including, but not limited to, school activities, public policy meetings, and athletic contests, and programming that contains educational or informational value. The legal responsibilities between the City of Summersville and the Nicholas County School Board (“School Board”) with respect to the PEG Channel are contained in a separate Letter of Understanding dated ______________. The operational responsibilities of SCTV and public, private, and parochial schools in the Summersville area with respect to educational programming on the PEG Channel shall be as follows:
A. If the program is authorized by the school and does not require the use of
SCTV Facilities, as defined below, then the school shall be fully and completely responsible for the production of the program. Upon request by the school, SCTV shall broadcast the program on the PEG Channel, subject to the SCTV Rules.
B. If the program is authorized by the school and does require the use of
SCTV Facilities, then the school and SCTV shall be jointly responsible for the production of the program. The production team shall include SCTV staff and at least one (1) student volunteer from the school. All student volunteers shall receive training and certification from SCTV staff. SCTV shall broadcast the program and the PEG Channel, subject to SCTV Rules.
C. If the program is not a program authorized by a school and is educational in nature, SCTV shall broadcast the program on the PEG Channel, subject to SCTV Rules. Should the production of the program require the use of SCTV Facilities, then the relative production responsibilities shall be determined by SCTV staff. For the purposes of this section, the term “SCTV Facilities” shall include, but not be limited to, the SCTV studio, SCTV video cameras, audio equipment, lighting devices, transmitter equipment, signal distribution cables, and any other ancillary equipment owned and/or managed by SCTV and used in the production of programming.
SECTION 5: PUBLIC ACCESS PROGRAMMING
The term “public access programming” shall mean programming that provides a forum for City of Summersville residents and community organizations to communicate their views on a wide variety of public policy issues, engage in artistic or cultural expression, or contribute to the marketplace of ideas. Public access programming shall be supervised by SCTV, but shall be produced and managed by volunteer community producers in accordance with the following requirements:
A. Eligibility to Become a Community Producer
To be eligible to become a community producer, a person must satisfy the following requirements:
1) Be a resident of Nicholas, Fayette, Webster, or Braxton Counties with proof of residency;
2) Be a volunteer who is trained and certified by SCTV; and
3) Be at least eighteen (18) years of age, or, if under eighteen (18) years of age, must be directly supervised by a parent or guardian, who shall assume all legal responsibilities for the community producer.
B. Production Process
The production process for public access programming consists of six (6) separate and distinct stages to be undertaken by each and every community producer. The stages are as follows:
1) Submit written program proposal to SCTV.
2) Obtain training and certification from SCTV staff.
3) Schedule time for use of SCTV studio and/or equipment.
4) Undertake production and post-production activities.
5) Receive technical review by SCTV staff.
6) Request scheduling of public access program.
C. Technical Training and Certification
For the safe and efficient operation of the SCTV studio, a minimum of (2) trained and certified volunteers are required for studio production. Such volunteers shall include at least two (1) camera operators, one (1) technical director. For non-studio production, a minimum of one (1) trained and certified volunteer is required for each portable video camera. This includes one (1) video camera operator for each video camera. The community producer is responsible for recruiting and coordinating volunteers. All volunteer training shall be conducted by SCTV staff under the guidance of the Executive Director of SCTV. Each community producer is responsible for coordinating the training of volunteers with the SCTV staff. Scheduling of training sessions shall be made by the SCTV staff. Volunteers who have received training and who are judged by SCTV to be competent in their field of training shall become certified. SCTV shall maintain a written active roster of certified volunteers.
Community producers are responsible for all aspects of production of their public access programs. All community producers shall be granted equal access to SCTV facilities and the PEG channel, subject to reasonable and practical time, place and manner limitations. Prior to commencing production, the community producer must submit a written proposal to SCTV that contains a brief description of the program and the operational needs for the production of the program. The community producer is responsible for scheduling studio time and/or removal of portable equipment with the SCTV staff. The producer is responsible for the conduct of his or her volunteers during production, whether production occurs in the studio or on location. No smoking is permitted in the SCTV studio. Upon completion of production, it is the community producer’s responsibility to ensure that his or her name and contact information are provided with the program. The community producer is prohibited from using the SCTV logo or name in its programming or on any written or electronic materials. All pre-produced programs (i.e. programs produced outside SCTV studio without SCTV equipment) must satisfy the eligibility requirements described in Section 3A above. Pre-produced programs also must receive a technical review by SCTV staff prior to scheduling and broadcast the program on the PEG channel.
Community producers may receive monetary and/or in-kind contributions for the production of their programs subject to the following restrictions. Prior to receiving any such contributions, the community producer must obtain written approval from SCTV. Such contributions may only be used to defray the costs of program production. Community producers must inform their contributors in writing that they are using SCTV facilities and that such facilities, including production training, are available to the public at no cost to community producers. Upon completion of production of the program, the community producer must present SCTV with a full accounting of all contributions. This accounting shall include a written itemization of all receipts and expenditures related to such contributions. The name, street address, web address, and/or phone number of each contributor may be included in a text message in the end credits of the program. Such text message shall not include advertising information such as slogans, logos, or solicitations to promote the sale of specific products or services.
F. Damage and Indemnification
1) All programming on the PEG channel shall be in accordance with applicable federal, state, and local laws and regulations. In consideration for the privilege of using equipment owned or managed by SCTV and/or producing certain programming to be broadcast to residents of the Summersville area, community producers must agree to indemnify and hold harmless SCTV, the City of Summersville, and Shenandoah Telecommunications Company (Shentel) their elected and appointed officials, officers, agents and employees, and their successors and assigns, from any and all liability or other injury, including reasonable attorneys’ fees and costs, arising from or in connection with claims for failure to comply with applicable federal, state, or local laws or regulations that result from any programming they have produced or recorded or the use of any equipment or facilities owned or managed by SCTV. Such claims include, but are not limited to, claims for libel, slander, invasion of privacy or the infringement of common law or statutory copyright; claims for unauthorized use of any trademark, trade name, or service mark; claims for breach of contractual or other obligations owing to third parties; claims for obscenity; and claims for any other injury or damage in law or equity.
2) Community producers are responsible for any and all damage or loss to any equipment or materials owned or managed by SCTV, whether such equipment or materials are being used by the community producer or his/her volunteers. All community producers must sign an Agreement and Release Form before commencing any production activities.
3) Community producers may remove certain portable equipment or materials from SCTV premises with prior permission of SCTV. The community producer assumes legal liability for such equipment or materials. The community producer must return the equipment or materials to SCTV on or before the stated return date or be subject to penalties described below. All community producers must sign a Sign out and Release Form before removing any portable equipment or materials from SCTV premises.
SECTION 6: PROGRAM SCHEDULE
The schedule of programming on the PEG channel shall be the sole responsibility of SCTV. The scheduling of programming on the PEG Channel shall be subject to reasonable and practical time, place, and manner limitations, including the scheduling demands for other programming. All public access programs are limited to one (1) hour in duration without prior SCTV approval.
SECTION 7: SPONSORSHIPS
Sponsors of public access programming produced by community producers shall be identified in a text message in the end credits of the program. Such text message may include the name, street address, web address, and/or phone number of the sponsor. Sponsorship indemnification shall not include advertising information such as slogans, logos, or solicitations to promote the sale of specific products or services. SCTV shall not accept sponsorships of governmental programming.
SECTION 8: COMMUNITY BULLETIN BOARD
SCTV shall offer a community bulletin board that provides alphanumeric or text-only messaging over the PEG channel. The purpose of the community bulletin board is to broadcast announcements of upcoming events, community reminders, and bulletins regarding community activities. The scheduling of messages on the community bulletin board shall be subject to reasonable and practical time, place, and manner limitations. Any person or community organization may submit messages to the SCTV to be broadcast on the community bulletin board. SCTV may limit the size or length of such messages in order to provide equal access to all persons and non-profit organizations that wish to utilize the community bulletin board. All bulletin board messages that are not in the form of announcements of upcoming events shall include at least the name and the municipality of the person who submitted the message. The Executive Director of SCTV shall establish guidelines for the submission and broadcast of messages on the community bulletin board.
SECTION 9: EQUAL ACCESS FOR POLITICAL CANDIDATES
Programming by a candidate for public office seeking support for his or her
candidacy, programming that expressly endorses or opposes a candidate for public office, and programming that expressly endorses or opposes a referendum certified on the election ballot (collectively referred to as “political programming”) shall be treated the same as other public access programming. Producers of such programming shall be subject to the Community Procedure Requirements and Responsibilities contained in Section 3 above. Candidates for public office shall be granted equal public access to SCTV facilities and the PEG channel, subject to reasonable and practical time, place, and manner limitations. Due to program scheduling constraints, producers of political programming who wish to have their programming broadcast prior to election must provide the tape containing such programming to SCTV at least seven (7) days before Election Day.
SECTION 10: OBSCENE PROGRAMMING
SCTV shall prohibit the production of, and shall refuse to broadcast, any public, educational, or governmental programming that contains obscenity.
SECTION 11: PENALTIES
SCTV may temporarily suspend or permanently terminate the privilege of using SCTV facilities or broadcast over the PEG channel for any person who violates any of the Rules and Regulations contained herein. Any such penalty shall be decided upon and rendered by the Executive Director of SCTV based on the specific facts underlying the violation. If appropriate, SCTV may seek criminal punishment or file a claim for civil relief in a court of competent jurisdiction.
SECTION 12: APPEALS
The Executive Director of SCTV shall have full and complete responsibility over the administration, operation, and management of SCTV and the PEG Channel. Any person, who is directly affected by a decision made by the Executive Director of SCTV and who believes that he or she has been unfairly or unreasonably harmed by such decision, may appeal the decision in writing to the Mayor of the City of Summersville within sixty (60) days of such decision. Any person, who is directly affected by the Mayors decision, on appeal from the Executive Director, and who believes that he or she has been unfairly or unreasonably harmed by such decision, may appeal the decision in writing to the Summersville City Council within sixty (60) days of the Mayors decision. The Summersville City Council has complete discretion as to whether or not it formally considers the appeal at a public meeting.