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Item J05 Board of County Commissioners Agenda Item Summary Meeting Date: April 18, 2001 Bulk Item: Yes CI No . Division: Board of County Commissioners George R. Neugent AGENDA ITEM WORDING: Discussion regarding a 30-minute weekly program on Channel 16 to inform the public on issues of importance i.e. budget, stretch, wastewater etc. Singular issues of extreme importance could be better explained in detail to constituency. ITEM BACKGROUND: :~, PREVIOUS RELEVANT BOCC ACTION: RECOMMENDATION: Staff to inform BOCC of cost. TOTAL COST: BUDGETED: YES CI NO CI COST TO COUNTY: $ ~ REVENUE PRODUCING: YES CI NO CI AMT PER MONTH: YEAR: APPROVED BY: COUNTY AnY CI OMB/PURCHASING CI RISK MANAGEMENT [J APPROVAL: ~~ec~ M,AJ 0 GEOR E R. EUGENT . DISTRICT II DISPosmON: TO FOllOW C NOT REQUIRED CI AGENDA ITEM # L .Jl'" DOCUMENTATION: INCLUDED . Revised: May 1994 MONROE COUNTY GOVERNMENT CHANNEL 16 Educational & Government Programming Policies and Guidelines PURPOSE: The purpose of this document is to provide general guidelines and policy direction for the use a~d operation of Monroe County Channel 16, hereinafter referred to as "Channel 16." A. Authority for Channel 16: Section 29. 2 "Government\'~ Channel" of the Monroe County and TCI Cablevision of Florida Franchise Renewal Agreement, dated January, 1993 -- and hereinafter referred to as "the Agreement" -- establishes provisions for operation of a county-operated government channel. The Agreement mandates that the government channel shall be provided on the lowest-priced, basic service offered by franchisee to the subscribers. B. Regulation of Channel 16: Channel 16 operates under the jurisdiction of the Monroe County Board of County Commissioners, through its Ptlblie Information Bepartment Information Systems Department and under the county-granted cable television franchises. Responsibility for developing policy and reviewing program content for conformance with these guidelines lies with the Public Information Manager. The Channel 16 Station Manager shall administer the programming and operation of the channel. Any changes to these operating policies shall be recommended and developed by the Public Information Manager, reviewed by the County Administrator and approved by the Board of County Commissioners. OBJECTIVES: The objectives of Channel 16 shall be: A. To televise public meetings, specifically those conducted by the Board of County Commissioners. B. To provide live or prerecorded coverage of special events conducted by governmental agencies or events in which governmental agencies playa role. C. To inform the residents of Monroe County of the various functions and services performed by their governmental and educational 'entities. D. To post information on Channel 16's Bulletin Board about various governmental agencies and educational facilities and the services offered therein. E. To provide public service information to the residents of Monroe County. F. To extend guidance to educational organizations seeking to use cable television. G. To develop continued cooperation and communication with County-franchised cable operators to maximize benefits, of the educational resources and activities in the area. ~ OVERALL POLICY: A. Programming Policy - 1. Government - Programming shall offer direct, non-editorial information regarding the operation and deliberations of the local governments of Monroe County. At no time shall the programming promote, advance or advocate the political candidacies, policies, programs or platforms of any individuals, parties or groups. Announcements for other governmental agencies may be permitted with the approval of the Public Information Manager. 2. Education - Programming shall offer educational and instructional content of interest to persons of all ages in the community appropriate for public educational institutions. B. Operations- 1. Costs - County Channel 16 shall operate in such a manner as to ensure that capital and operational costs are reasonable and responsible while maximizing service to the public. 2. Use of Volunteers - Maximum use shall be made of volunteers and interns from within the community. Where possible, cooperative arrangements with providers of local educational television, the Monroe County School Board, colleges and universities, technical schools, the franchised cable operators and other appropriate groups shall be established. 2 3. Information exchange - Liaison and exchange arrangements with other government agencies involved in telecasting'shall be established and maintained. OPERATIONAL PROCEDURES: A. Channel- The educational & government channel shall operate on cable channel 16 on all franchise cable systems and shall use the designation "MC TV 16" or similar designator as prescribed by the Public Information Manager. B. Modes of Cablecast - , 'c. ,!, Whenever funding, staff and equipment permit, County Channel 16 shall utilize six telecast modes: 1. Live - Live coverage of events originating from County offices shall be provided. This generally will consist of telecasts of the County Commission meetings, Hearings, and other public meetings of general community interest. 2. Tape Delayed - Many public meetings and events will be videotaped for telecast at a later time/date. Some public meetings or events, such as County Commission meetings, will be telecast live and subsequently replayed, in full or highlight form, during the week. 3. Locally-produced Programs - Original programs shall be produced to communicate the functions, operations or services provided by commissions, councils, departments, agencies, boards, and committees of those government entities located in Monroe County. 4. External Programs - Many prerecorded educational programs and programs about local government are available and may be o~tained for local telecast. 5. Character-generated Announcements - During all hours of operation when no other programming is scheduled, a character-genera tor-created "bulletin board" shall display current messages of interest to the public. 6. Local Affiliates - Additional programs previously shown on commercial broadcast channels may be shown on County Channel 16 subject to the approval of the Public Information Manager. C. Access Policy - 3 County Channel 16 is not a public access channel. Access to County Channel 16 shall be restricted to government functions and operations and educational programming. Non-government requests for facilities or program time must be specifically authorized by the Public Information Manager. For the purpose of these policies, appropriate programming includes: 1. Public Meetings - All public meetings of government policy-making or advisory boards and commissions are appropriate for telecast. 2. Information Programs - Any local government agency or department or any educational institution within Monroe County or .with a branch or campus within Monroe County may submit requests to produce and/or telecast programs on Channel 16. These programs may present services proviged' by the agency, department or institution, communicate" information to the public or both. Programs may be locally-produced or secured from another agency. All requests shall be subject to review by the Public Information Manager. NOTE: Those municipal government agencies and departments and those educational institutions utilizing Channel 16 facilities and resources bear sole responsibility for the contents and materials used in all programs produced by or for them. This responsibility includes, but is not limited to: obtaining all necessary releases, fully-executed by an authorized signer able to bind the municipality obtaining all necessary releases from program participants; obtaining any required copyright clearances and; complying with all other policies and guidelines for programming to be telecast on channel 16. Such users shall sign a standard Liability Release form or one provided by the Public Information Office prior to the telecasting of any information or program for that user. The Liability Release shall hold harmless the Monroe County Board of County Commissioners for any breach of copyright or other liabilities due to the negligence or error of the user agency, department or institution. 3. Candidates for Political Office - Defined: for the purpose of determining Channel 16 applicability, a "political candidate" is defined as anyone who -- being a legally-qualified candidate -- after the deadline for candidacy qualification has lapsed, is registered with the Supervisor of Elections' office for participation as a candidate in an upcoming election. Political candidates will not be permitted appearances on Channel 16 within 60 (sixty) days of an election, either primary or general, in which they are a candidate unless: 4 a) such an appearance is part of a bona fide newscast, news interview, news documentary or coverage of an on-the-spot news event, or; b) such an appearance is a direct consequence of Channel 16's coverage of that person's regular business, or; c) such an appearance is coincidental to Channel 16's regular coverage of an event or circumstance, or; d) the appearance is part of a prearranged debate, discussion or forum upon which all political candidates for that office were invited to appear, either in person, in voice or electronically; or; e) the appearance was recorded prior to the last day of candidate qualifications for that election. , " .~~ 4. Public Debates - Requests for access to facilities or channel-time to stage a debate shall be denied unless part of an overall programming strategy is to elicit viewpoints consistent with equal time provisions. If a debate is to be cablecast, provisions must be made to ensure that there exists fair and full discussion and presentation of opposing viewpoints on controversial issues of public importance. (See Section N-5 herein). Additional information and specific ground rules, as required, shall be established by the Public Information Manager or his designee for each program prior to implementation. 5. Character-generated Messages - Announcements for the character-generator may be submitted by any local government agency or department or any educational institution within Monroe County or with a branch or campus within Monroe County. a) Messages must be timely and current b) Requests to air announcements must be submitted seven days in advance of the desired telecast date, except emergency County announcements. c) The content of such requests shall be submitted on a 3 1/2" DOS-formatted diskette in a word~processing format designated by the Public Information Manager. d) If diskette submission is not possible, the request shall be submitted on a form provided by the Public Information Office. e) The Public Information Manager or his designee shall be responsible for insuring the appropriateness of messages and may edit same to provide clarity and to maximize the use of the character-generator. f) If material is determined to be unsuitable for inclusion in the program sequence, the material will be returned to the sender along with a brief written account of the reason(s) for the decision 5 and, where appropriate, offering assistance in making necessary changes to qualify same for inclusion. g) Emergency messages will be given priority over all other announcements and programming. Requests for announcements concerning civil emergencies shall only be made by the Board of County Commissioners, the Emergency Operations Center and/or the County Administrator. 6. Program Log - A daily log shall be maintained to record all programming telecast. D. Video programming Disclaimers - .' All video programming, whether live or on tape, shall be ~ identified by producer or source of programming credits at the end of the program. Videotapes obtained from external producers shall also carry a disclaimer of Monroe County's responsibility for their content at the end of the programming. The disclaimer shall state: "Comments and opinions expressed in this proqram are those of the producer and do not necessarily reflect the editorial views of Channel 16. The comments, opinions and/or proqram content herein do not necessarily coincide with policies set forth by the Monroe County Board of County Commissioners. No endorsement by Channel 16 or the Monroe County Board of County Commissioners is either expressed or implied." E. Editing Policy - 1. Public Meetings- Any live public meeting (meetings held by local governing bodies and meetings of their agencies and boards) telecast shall not be edited or subjected to editorial comments. Live meeting coverage shall be from gavel-to-gavel except for technical interruptions. Supplementary information on agenda items and interviews with participating officials to aid viewer understanding may be provided. 2. Departmental proqram - Any program prepared or submitted by an individual governmental agency may be edited to maintain continuity with these guidelines and telecast requirements. 3. County Bulletin Board - Messages for display on the County Bulletin Board must be submitted on a 3 1/2 " DOS-formatted diskette in a word-processing format designated by the Public Information Manager. a) If diskette submission is not possible, the request shall be submitted on a form provided by the Public Information Office. 6 b) The Public Information Office may edit the messages to provide clarity and to optimize use of the memory bank. 4. Errors - Should human error result in the telecast of incorrect information over Channel 16, Monroe County and the employees thereof shall not be liable for the inaccuracy of the information. F. Sponsorship/Endorsement- At no time shall Channel 16 be used to endorse consumer products and/or service. 1. Any individual, business or institution that donates goods and services to County Channel 16 for its progr~ms may be acknowledged only in the format as follows: a) Credit lines may be placed only at the beginning or ending of the program. b) The audio and/or video credit shall state: liThe following/preceding program has been made possible in part thought cooperation with ____ (name of donor) _.n 2. All contributions of goods and services, and volunteers and interns must be recorded on a sponsorship disclosure form provided by the Public Information Office. G. Promotions- 1. Promotional announcements for events sponsored by any local government agency or department or any educational institution within Monroe County or with a branch or campus within Monroe County are acceptable for telecast. a) Promotional announcements for events in government facilities such as parks, governmental centers and recreation facilities are acceptable. b) Any questions regarding message appropriateness sha~l be resolved by the Public Information Manager 2. Channel 16 reserves the right to refuse the cablecast of any promotional material or promotional announcement deemed inappropriate by the Public Information Manager. H. Use of External Resources - To maximize programming, every attempt shall be made to use community resources to facilitate program production. An arrangement shall be made with local or regional public educational institutions to recruit interns to assist the Channel 16 station Manger in producing public meetings and other County 7 programs. Prerecorded programs or films from other sources consistent with appropriate local use may be sought and used to supplement regular programming. I. Use of County Channel 16 Equipment - Use of the County's equipment shall be restricted to government activities of approved special events. Users must be certified government access producers and/or interns or others authorized by the Public Information Manager. Users must have received the necessary training to use such equipment. Users will be charged-back for equipment and, production as prescribed by County Policy. Equipment use for personal or other use shall not be authorized. Loaning, rental, or use of equipment for personal or commercial use is prohibited. . .~ J. Telecasting Hours - It shall be the goal of Channel 16 to offer continuous programming. The general approach shall be to utilize live and prerecorded programs as the primary source and the County Bulletin Board during periods where it is not possible to air such programs. K. Retention of Recorded Programs - Master videotapes of locally-produced events or public meetings other than Board of County Commission meetings shall also be retained for 60 (sixty) days. VHS copies of Board of County Commission meetings shall also be retained consistent therewith after which time the videotapes shall be erased and reused. Any requests for longer retention should be made in advance. These videotapes shall not be considered an official meeting record and Monroe County assumes no liability for inadvertent content erasure or omissions. A disclaimer to this effect shall be stated at the beginning of the programming. County departments and agencies are responsible for obtaining duplicate tapes and maintaining any archives of such meeting tapes. Such request for videotape copies must be made within one week following the final scheduled playback of such programming on Channel 16, utilizing the request form provided by the Public Information Office. L. Video Copies - Copies of any Channel 16 program, including County meetings, shall be provided upon request to authorized County employees or departments free of charge. Blank VHS tapes must be provided. Copies of Board of County Commission meetings shall be provided to any citizen at a charge of twenty dollars ($20.00) per tape hour. Blank VHS tapes must accompany the request. 8 M. Copyright- Monroe County retains the copyright to all programs produced using Channel 16 equipment. This includes government access producers, interns and freelance (contract) producers. All programming shall so state at the beginning or end of same. Any request to use Channel 16 copyrighted material for recablecast, broadcast on another television channel or station or other viewing, or any request to alter Channel 16 copyrighted material shall be submitted in writing to the Public Information Office. N. Prohibited Use - Channel 16 shall not be used for the presentation of: 1. Any advertising which promotes or endorses the sal~ of any product or services offered (see paragraph F herein for further direction regarding endorsements); 2. Any promotional material concerning products or services presented for the purpose of any solicitation of funds or items of value for any reason; 3. Any material which is obscene, indecent, or defamatory as defined by law; 4. Any material which would violate any federal, state or local law; 5. Any advertisements on behalf of a political candidate or measure on a ballot or which includes specific messages on behalf of or opposing any issue under consideration by the Board of County Commissioners. This does not preclude the production of programming by Channel 16 which provides background information on such issues if all sides of the issue are presented or the production of programs were all sides of an issue are debated/discussed by their proponents/opponents; 6. Any material which directly promotes religious beliefs or religious philosophies. 7. Any material deemed inappropriate by the Public Information Manager. o. Access to Individuals With Disabilities - Pursuant to the Americans With Disabilities Act and the rules promulgated thereunder, appropriate steps shall be taken to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity. Primary consideration 9