Policies & Procedures

Time Warner Cable Community Access Programming Department exists to produce original, local programming for our community. We also provide information, education, support, community access and training to our subscribers and the communities at large that we serve.

DEFINITIONS
Community Producer: Any person, group, organization or other entity which manages the production of the program, whether or not the production is completed by the Community Producer or another party.

Advertising Material: Any material in a program designed for the sale of commercial products or services, or the solicitation of donations, enumeration, or barter.

Obscene, Indecent and/orLibel Material: Any material in a program and/or presentation that would be deemed obscene, indecent or libel by local community standards or by standards established by any federal, state or local regulation or law applicable to cable television.
 
Obscenity: Works, which taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and, which taken as a whole, do not have seriously literary, artistic, political, or scientific value.

I

ndecency: Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.

Libel: A false and unprivileged publication in writing or broadcast of defamatory material.

Cablecast: To send video and audio signals through a fiber/coaxial cable television system instead of traditional broadcast (i.e., over-the-air) systems.

Copyright: The exclusive legal right of publication, duplication, imitation, or sale of literary, musical or artistic work.

Lottery/Raffle: Any promotion, contest or other program that involves the elements of prize, chance and consideration, which is considered a lottery/raffle under applicable local, state or federal laws.

I. Who May Participate:

A.Time Warner Cable Equipment is owned by Time Warner Cable and is reserved primarily for use by residents in the Time Warner Cable Green Bay Division viewing area, or members and employees of commonly recognized local nonprofit organizations which serve the Time Warner Cable Green Bay Division viewing area.

B.Production facilities and equipment will be made available to Time Warner Cable Community Producers on a first-come/first-served, nondiscriminatory, non-monopolistic basis, provided they:

1. Have successfully completed the necessary required training, or can demonstrate proficiency to the satisfaction of Time Warner Cable, in use of Time Warner Cable equipment.
   
2. Complete and submit the required documents for use of said equipment and facilities;
   
3. Obey all the rules and regulations adopted by Time Warner Cable;
   
4. Are at least eighteen years of age.

II. Producing a Program:
A. After attending and successfully completing the necessary training classes required, Community Producers may begin producing a program utilizing Time Warner Cable Equipment. Time Warner Cable cablecast schedules are based upon series programming. Whenever possible, Time Warner Cable encourages Community Producers to produce programming on a regular basis. However, one-time or special programs are also accepted with prior approval of Time Warner Cable's Programming Director.

B. Community Producers are responsible for gathering their own volunteer crew and equipment to produce their own programming.

C. Community Producers in the TWCT, Time Warner Cable Television, viewing area may produce programs outside our studios provided the videotape meets with Time Warner Cable's technical specifications for picture and sound quality, and is provided in a format acceptable to Time Warner Cable.

D. Videotape

1. Community Producers are responsible for providing their own videotapes. Time Warner Cable strongly encourages Community Producers to use new videotapes for edit masters. Time Warner Cable does not sell videotapes to producers.
2. Programs submitted for cablecast on Time Warner Cable's system must be in a tape format that is compatible with Time Warner Cable systems and equipment, and must meet Time Warner Cable technical and quality standards. Compatible formats must be verified and approved with Time Warner Cable staff prior to submission. Time Warner Cable reserves the right to reject any programming that is of poor video or audio quality, or is not compatible with its equipment.
3. Each tape submitted for cablecast on Time Warner Cable must have labels on the videocassette and spine of the case with the following information: a) Program name and episode b) Total run time (TRT) of the program in minutes and seconds c) Air dates or a kill date d) Name and phone number of Community Producer

E. Duplications

1. Duplication fees must be paid in advance. The following fees are charged for VHS copies, or dubs of Time Warner Cable programming: - Up to 30 minutes, tape provided by producer $10.00 - Up to 30 minutes, tape provided by Time Warner Cable $15.00 - Over 30 minutes, tape provided by producer $15.00 - Over 30 minutes, tape provided by Time Warner Cable $20.00
2. Community Producers are allowed one free dub of their own program on a tape they provide.
3. Time Warner Cable reserves the right to make copies of programs submitted for cablecast on the channel, except in situations in which Community Producer has written notice of copyright of the program in question.
   

F. Advertising and commercial sponsorship are strictly prohibited.

G. Non-Locally Produced Programming:

1. Programs produced outside of the Time Warner Cable Green Bay Division viewing area may be cablecast on Time Warner Cable provided the following apply: a) A minimum of 90% of each program must be produced locally by a resident living within the Time Warner Cable Green Bay Division viewing area. b) The Community Producer sponsoring the program completes all necessary scheduling and cablecast forms on a regular basis; c) The Community Producer obtains all necessary rights to the program, including all literary, artistic, intellectual, performing, and music rights. It also includes all necessary clearances from the owners of licenses of such materials. Finally, the community producer must be able to document in writing that the cablecasting of such materials does not violate the rights of any third party.
2. Community Producers must refer to Section V Ð Scheduling a Program for non-locally produced programming. H. How the Equipment Can Be Used Use of any Time Warner Cable equipment and/or facilities must be for the purpose of recording and preparing programming for cablecast on Time Warner Cable Green Bay Division. Any other use of Access Television equipment, including personal use or for commercial purposes, is strictly prohibited.

III. Reserving Equipment & Facilities
A. Time Warner Cable equipment and facilities are available to Community Producers on a first-come/first serve, nondiscriminatory basis. Community Producers may request equipment by completing the appropriate paperwork and scheduling time through the Time Warner Cable office. All requests must be completed in person. No reservations will be confirmed unless all forms are submitted.

B. Community Producers assume full responsibility for the use of production facilities and equipment, and will be liable for damage, misuse or theft which occurs while the equipment or facilities are in the Community Producer's possession or control. The Community Producer shall indemnify and hold harmless Time Warner Cable of any damages, liabilities and cost of any nature, including, but not limited to, attorney's fees and disbursements arising out of, or resulting from, any action or use by the Community Producer of the equipment or facilities.

C. Time Warner Cable staff members reserve the right to refuse the use of equipment or facilities to any person.

D. Equipment reservations are non-transferable. The Community Producer making the reservation must be present at the time of checkout, check-in, and use of equipment. E. Time Warner Cable staff is to be informed, as soon as possible, of any cancellation of reservations. Reservations canceled less than 30 minutes before said reservation may be treated as a "no show."

F. Certified Community Producers requesting use of Time Warner Cable equipment and facilities must pre-schedule use with Time Warner Cable staff. Community Producers may reserve equipment up to one (1) week in advance. Time Warner Cable staff reserve the right to reschedule equipment or facilities without notice.

IV. Program Content:
A. Community Producers are fully responsible for the content of the program that they produce. This responsibility includes libel, defamation, copyright, and any other legal accountability. Criminal prosecution and/or civil lawsuits can result from illegal use of Access Television. Applicants are responsible for insuring that programming submitted is not obscene, libelous, or otherwise prohibited by law. Time Warner Cable staff are neither qualified nor permitted to advise Community Producers about the legality of questionable material.

B. Time Warner Cable does not accept any responsibility for the content of Access Television programs. Time Warner Cable's response to individuals with complaints about Access Television programming may include, but is not limited to, referral to the District Attorney when the program is alleged to be obscene or otherwise illegal.

C. Any material created and/or submitted for cablecast on Time Warner Cable may be rejected for, but not limited to, any or all of the following:

1. Poor video quality, lack of a continuous control track, poor tracking, excessive dropouts or other videotape damage, lack of clean edits, and bad video levels;
2. Poor audio quality, improper audio levels, or any other audio defect which prevents the program audio from being understandable
3. Subject material that may be considered obscene, indecent, libelous or slanderous or otherwise unlawful;
4. Less than 90% of the material is produced by the Community Producer as part of the Access Television program for cablecast.

D. Program's total run time must follows these guidelines: 1. 30-minute programming is between 27:30 and 29:00 in length 2. 60-minute programming is between 57:30 and 59:00 in length Any exceptions to these rules can only be authorized by Time Warner Cable's Programming Director.

E. Time Warner Cable's Access channel(s) are for non-commercial purposes only. The following commercial uses are prohibited on the channel:

1. Any material designed to promote the sale of products, services, trade, business or person;
2. Copyrighted materials;
3. Lottery or lottery information;
4. Direct or indirect solicitation of funds.
   

F. The Vertical Blanking Interval ("VBI") may not be programmed except to the extent it may include V-chip or closed captioning information.

V. Scheduling a Program:
A. All Community Producers are required to complete Certification & Indemnity Agreement, Cablecast Agreement, and Cablecast Application forms prior to submitting programming material for the Time Warner Cable programming schedule.

B. All programming must be submitted to Time Warner Cable, or cleared for scheduling by Time Warner Cable's Programming Director, at least five (5) business day before cablecast.

C. The programming schedule is at the sole discretion of Time Warner Cable. Time Warner Cable reserves the right to modify the schedule and/or program lineup at any time.

D. When a Community Producer produces four (4) shows in a series, they will be assigned a timeslot on the channel. Timeslots are at the sole discretion of Time Warner Cable. Time Warner Cable reserves the right to modify the schedule and/or program lineup at any time.

E. All tapes submitted for cablecast must be turned in at least one (1) full business day before airing. Failure to comply may result in a program not being cablecast.

VI. Special Programming Considerations
Disclaimers: Community Producers are required to place disclaimers, provided by Time Warner Cable, at the beginning and end of every program. Time Warner Cable reserves the right to add "TV-Ratings" icons at the beginning and every 30 minutes of each program received for cablecasting. Sample Disclaimer: The views and opinions expressed in the following program do not necessarily reflect the views of Time Warner Cable

VII. Denial of Access/Appeal
A. Violation of Time Warner Cable Access Television Policies & Procedures will not be tolerated. The following disciplinary steps will be taken for offenders:

1. First Violation: Written warning to Community Producer detailing violation and warning of possible suspension of privileges for up to twelve (12) months.
2. Second Violation: Second written warning to Community Producer detailing violation and warning of possible suspension of privileges for up to twelve (12) months.
3. Third Violation: Immediate termination of Access Television privileges. No further privileges will be extended without authorization from Time Warner Cable's Programming Director.
   

B. Appeal of any decisions about granting or denying access may be made to Time Warner Cable's Programming Director. All decisions made by the Director are final.