Public Access 5 - Policies and Forms

Policies

Use of Equipment & Facilities

A. Orientation, Training and Certification

PATV 5 provides training, equipment and cablecast time for residents to express their ideas. In return, community producers are asked to submit programming to the station within a reasonable amount of time.
We understand people want to get started as soon as possible, but PATV 5 staff must first ensure residents know how to properly handle and operate PATV 5 equipment. This is done through a certification process.
Residents must first register for and attend an orientation designed to familiarize them with the PATV 5 Operating Policies and Procedures, facilities and public access television. Orientations are scheduled at least once a month. Following orientation, residents may become members by completing a membership form and providing adequate proof of Eagle County residency. Membership is provided on an annual basis and is free to residents of Avon and Vail and $25 for all other Eagle County residents. Membership for all Eagle County nonprofits is $50 each year for up to three people.
Next, members may register for a studio, field or editing workshop, which are scheduled monthly on a first-come, first-serve basis.
Members with video experience may choose to test out of the workshops by passing a proficiency exam. If you fail, you must take the certification workshop. No retakes.
Once a member is certified as a community producer, they may register to use equipment and facilities on a first-come, first-serve basis. PATV 5 may impose reasonable time limitations on equipment and facility use at the GM's discretion.
In addition to the aforementioned workshops, PATV 5 may provide preproduction planning, advanced instruction and additional instruction as needed.

B. Equipment user responsibilities.

By signing the Membership Form, members agree to abide by the Operating Policy and Procedures and assume financial responsibility up to $1,000 for the loss, theft or damage of equipment beyond normal wear and tear. A space is provided on the membership form for a credit card number, which will be charged in the event of loss, theft or damage.
Community producers and the parent or guardian of a minor producer shall be responsible for the proper care, use, treatment, protection and prompt return of PATV 5 equipment and facilities while signed out.
Unless otherwise authorized by the GM, no one shall disassemble, repair or tamper with any PATV 5 facilities or equipment.
After a community producer's use of facilities or equipment, that producer shall assure that the facilities and equipment are clean, neat and available for a subsequent producer to use.
Before checking out and upon returning any PATV 5 equipment, a producer must demonstrate to staff that the equipment is in satisfactory condition. Staff will endeavor to maintain facilities in a ready and functional status and to assist community producers as requested.

C. Equipment reservation and cancellation procedures.

PATV 5 encourages community producers to collaborate on projects. A list of community producers willing to collaborate is available from staff.
Members must be certified as community producers to use equipment within each category, including field, studio and editing. Equipment and facilities are available on a first-come, first-serve basis and must be reserved one week in advance of anticipated use. Community producers who arrive more than 15 minutes late for their scheduled reservation risk losing the time slot. Reservations must be canceled 48 hours before scheduled time. Community producers who are chronically late, return equipment late or fail to cancel may have their privileges suspended.
Facilities and equipment may be reserved by phone, in person or by Emailing reservations_vailchan5@comcast.net. Please note your first and second choice of date and time and the equipment or facilities you wish to reserve. When making a reservation the producer shall provide the project title for which the facility reservation is being made.
Reservation forms for PATV 5 facilities will be available for public inspection.
Once reserved, facilities and equipment may not be used or operated by people not certified to use the equipment.

D. Check-in and check-out procedures.

Community producers must indicate on the Equipment Checkout Form the items they intend to check out. By signing the form, community producers attest that the equipment is in working order upon checkout and agree to pay up to $1,000 upon return for any loss, theft or damage beyond normal wear and tear with the credit card number provided on the Membership Form. The Equipment Checkout Form must be initialed by PATV 5 staff at checkout and return.

E. Equipment/facilities use by minors.

Equipment and facilities may be used by certified Eagle County minors over the age of 14 with written parental permission or parental participation in a project. Minors between the ages of 14 and 17 may attend all certification workshops, but only will have privileges of an adult community producer under the supervision of an adult community producer.

Program Ownership and Disribution

A. Content rights and responsibilities.

Programs remain property of the community producer, but PATV 5 reserves the right to cablecast your program at any time and use portions of your program to promote PATV 5. We require a clear credit of at least 15 seconds following your program that reads "Produced through Public Access TV 5, Avon, Colorado and year produced" with our logo. Include the word "copyright" followed by your name and the year to clarify ownership.
Please mark on the Cablecast Request Form whether you would like to give PATV 5 clearance to make copies of your program for interested viewers. We will charge a fee for duplication to cover the cost of media and staff time.
Creative Commons Copyright
PATV 5 strongly encourages community producers to license their works with Creative Commons. Creative Commons "is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright. We provide free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof." For more information, visit www.creativecommons.org.

B. First presentation requirement.

PATV 5 facilities may be used only for production of noncommercial projects to be cablecast initially on Channel 5.

C. Subsequent distribution.

Segments or pieces produced through PATV 5 for promotional purposes may be distributed to other outlets before cablecast as long as proper credit is given to PATV 5 as outlined in this document. The community producer has the right to use their project for any purpose after it has cablecast on Channel 5.

D. Dubbing

PATV 5 does not offer mass duplication services. PATV 5 cannot duplicate community-produced programs unless the producer has given clearance to duplicate the program on the Cablecast Request Form. PATV 5 charges a fee for duplication to cover the cost of media and staff time.

Cablecast on Access Channels

A. Description of Available Channels

Community produced programs may be cablecast on Channel 5 on Comcast.

B. Playback request procedures

1.Video Submission

Videos must be submitted in Quicktime format to the Drop Box Folder on the Playback Computer at least one week prior to the requested cablecast. A Cablecast Request Form must accompany each submission, unless it is a regularly-scheduled series. Please follow these format guidelines when exporting your video to the Playback Computer Drop Box Folder:
From Final Cut: Export, Using QuickTime Conversion. Clearly label the name of your program and choose Master Mac, Master Mac Public Folder, Drop Box to save your program. Format is QuickTime Movie. Select Options, Settings. Compression Type should be MPEG-4 Video. Key Frames and Data Rate set to Automatic. Compressor Quality should be set to Best. Click OK and then click Size. Set dimensions to NTSC 720 x 480 4:3. Click OK and uncheck the Prepare for Internet Streaming. Click OK, then click Save.

2. Cablecast Request Form

A Cablecast Request Form must be submitted to the Executive Director at least one week before the first request time in order to schedule your program on Channel 5. The form must be submitted each time an individual program is turned in or once each quarter for a series. Programs may not exceed 29 minutes for a half-hour show and 59 minutes for an hour-long show.
The form allows you to indicate the day and time you'd like your program to be cablecast and allows the station to do our best to accommodate your request. We ask community producers to be patient and remember this resource is shared by many people and it is our task to balance the requests of everyone.
The Cablecast Request Form also is a legal document that gives us clearance to cablecast a program on Channel 5 and must be signed by the community producer of record. When the community producer signs the document, she/he attests that the submitted program adheres to PATV 5's programming guidelines and does not include:

Commercial content as outlined in the Operating Policy and Procedures.
Gambling or promotion of gambling in a manner which is in violation of any applicable local, state or federal laws.
Copyright infringement, invasion of privacy or defamatory content.
Content that is obscene or indecent as defined by applicable laws.

By signing the Cablecast Request Form, the community producer also attests that if the submitted program contains Potentially Objectionable Content as outlined in the Operating Policy and Procedures, she/he has marked the form in the appropriate area and included the required 15-second disclaimer before their program.

3. Scheduling priorities

Time slots are allocated on a first-come, first-serve basis, following existing time slots for governmental meetings, series and other recurring programs. Public access programs may be preempted by government access programming without prior notice.
Time slots for series will be reserved as long as new programming is delivered. If the community producer fails to supply new material one week before that material is scheduled for cablecast, the program may be removed from the schedule.
Programs containing Potentially Objectionable Content will be cablecast between midnight and 4 a.m.
Programs may not air more than four consecutive weeks.

4. Series programs

If a program is a recurring, preproduced series, the length of the program may not exceed its allotted timeslot without first receiving permission from the PATV 5 GM. Any program exceeding its timeslot may be preempted by another program.
Programs may be shorter than the time allotted.

5. Live Programming

Live programming can preempt taped programming with prior notice. The preempted program may be rescheduled at the discretion of the GM.

6. Deadline to submit video

The deadline to submit a production with the Cablecast Request Form is one week before the first requested cablecast.

7. Potentially objectionable content

Programs shown on Channel 5 do not necessarily reflect the views of PATV 5, the towns of Avon and Vail, Comcast or other organizations affiliated with PATV 5.
Potentially Objectionable Content includes, but is not limited to, nudity, indecency, profanity, extreme violence, degradation or hate speech.
Potentially Objectionable Content is subject to approval or denial for cablecast by the PATV 5 Executive Director or Board, based on community standards. The producer is responsible for all content and must mark the Cablecast Request Form in the appropriate area if their program contains Potentially Objectionable Content.
Programs containing Potentially Objectionable Content will be cablecast between midnight and 4 a.m. during "Safe Harbor" hours and must include a 15-second disclaimer before the program that clearly states: "The following program contains material which might be offensive to some viewers or may be inappropriate for children."

8. Outside programming

Noncommercial programming produced outside PATV 5 but substantially produced inside Eagle County or by Eagle County residents may be submitted for cablecast by filling out a Cablecast Request Form. Programs produced outside Eagle County must be sponsored by at least one PATV 5 member before cablecast. All outside productions must adhere to applicable rules outlined in the Operating Policy and Procedures.

9. Copyright

It is the community producer's responsibility to obtain the rights to any works included in a production. Productions that contain copyrighted works will not be cablecast until written permission is obtained from the copyright holder. PATV 5 is not responsible for copyrighted works contained in a community producer's production.

C. Prohibition of commercial content.

Commercial content is not allowed on Channel 5.
Programs produced in whole or part through PATV 5 may not include commercial content. If you are unsure whether your program contains commercial content, please ask.
PATV 5 facilities may be used only for production of noncommercial projects to be cablecast initially on Channel 5.
Commercial content is any content, in whole or part, which depicts, demonstrates or discusses products, services or businesses with the intent or substantial effect of monetarily benefiting an individual, organization, agency or business.
A call to action is any audio, text or video that encourages the viewer to take action to purchase a product or service or to visit a specific business. Calls to action are commercial.
When interviewing a business owner or representative, you must keep the conversation noncommercial and free from calls to action. The guest should be introduced with their name and business as a statement of fact. This is the last time you should address his/her specific business. Avoid questions that encourage the guest to talk about what they sell. Instead, ask questions about the business person's community history, how long they've been in business, how the community has changed and how the business gives back. Encourage the business owner to share anecdotes about his/her participation in the community, charitable events they've sponsored or charitable events that are coming up in the near future.
A business person may be identified during the program with a lower third graphic that includes the person's name, title and the name of the business they own or represent.
Producers who repeatedly or flagrantly produce and submit programs that contain commercial content may lose the privilege to use PATV 5 facilities and channel.

D. Prohibition of obscene and other unprotected speech/material.

Material that is unlawful, obscene, libelous or slanderous is unacceptable.

E. Technical requirements.

PATV 5 staff reserves the right to deny cablecast of programs that contain technical problems not associated with deliberate artistic intent. If staff determines the technical quality significantly interferes with a viewer's appreciation of a program, staff shall endeavor to contact the producer of that project and offer assistance in remedying the technical problem. Community producers may resubmit the program after the technical problem(s) is resolved.
Technical problems include, but are not limited to, distorted, over-modulated, low or no audio and over exposed, under-exposed or pixilated video.

F. Program promotion

PATV 5 encourages community producers to create promotional materials for their projects to be shown on Channel 5, whether it is a 15- or 30-second video, Bulletin Board slide, mass Email, poster or other. Community producers must have permission from the GM to use the PATV 5 logo.

G. Program underwriting

PATV 5 has developed Underwriting Opportunities to support the station and develop programs. Community producers and PATV 5 staff may seek underwriters for programs as described in the Underwriting Opportunities document. The goal of the Underwriting Opportunities is to enable community producers and PATV 5 to give appropriate credit to those individuals, organizations and businesses that helped fund the program and support public access television while discouraging commercial content.
Following the Underwriting Opportunities, PATV 5 may create messages up to 30 seconds for underwriters to precede and/or follow programs. Messages are not commercials or advertisements, but rather an indication that an individual, organization or business supports public television. We will include a logo, still photos, video of a business and service, contact information, slogan, business purpose, value-neutral description, fact about a business or other nonprofits supported.
Any additional underwriting for programs other than already existing options, including goods or services must be credited following a program with a graphic that reads, "Goods and services provided by…". What is underwriting?
Underwriting is a show of support for a program. Underwriters may assist with the production and/or distribution of a program in a number of ways including, but not limited to: providing food for the crew, purchasing tape stock, or supplying the set pieces to assist with the program's visual design. Sponsors may provide a location for the program to be videotaped at no cost to the producer. Acknowledgement of a sponsor should take the form of a "thank you" for a show of support and is not an advertisement for a product or service.
Should we have a separate underwrite opportunity for community producers?

H. Getting paid for your work

PATV 5 exists for nonprofit creation and cablecast of noncommercial content. PATV 5 does not charge for equipment rental or channel time. Any community producer found to be charging for production services, equipment or program distribution will be restricted from PATV 5 equipment, facilities and services.

I. Community bulletin board messages

Nonprofits and individuals may submit items for the Community Calendar to vailchan5@comcast.net. Items must be noncommercial in nature.

Standards of Conduct while in Access Center

A. Eating, drinking, smoking and parking restrictions.

Eating and drinking is permitted in the couch area. Smoking is permitted in the parking lot. Parking is allowed in front of the PATV 5 media center between the signs marked "Channel 5 Parking Only." Overflow parking is available to the south of the building.
B. Interaction with staff and community producers.

Community producers may not identify themselves as employees of PATV 5.

Fee Schedule

All fees are subject to change without notice.
A. Videography services

One-Camera Event

Up to four hours.
Opening title graphics.
Lower third graphics.
Program airs at least six times.
Name in Community Calendar list of supporters.
Link to your Web site on program page.
$250 per event.

Two-Camera Event

Up to four hours.
Opening title graphics.
Lower third graphics.
Program airs at least six times.
Name in Community Calendar list of supporters.
Link to your Web site on program page.
$600 per event.

Nonprofit Messages

Help us develop a close-knit community of nonprofits.
We will air your pre-produced message for free or produce a message for you.
Messages air at least 14 times every week for six months.
30 seconds $200/One minute $300

B. Membership

Annual membership is free to Avon and Vail residents and $25 for Eagle County residents not living in Avon or Vail. Membership for nonprofits is $50 each year and may be used by up to three employees.

C. Dubbing

DVD copies of programs cost $25 each to cover staff time and materials.

Enforcement Procedures

When staff determines that there has been an apparent violation of any of these Operating Policies and Procedures, he/she will notify the community producer within 48 hours as follows:

First offense: A verbal warning will be given by staff to the community producer and noted in their file.
Second offense: A written warning will be given by staff to the community producer and noted in their file.
Third offense: A written notification of the alleged violation will be sent by the Executive Director advising the community producer of his/her right to meet with the Executive Committee for a final determination, including possible sanctions. The community producer shall be advised that his/her request for a meeting must be made within two weeks of the date of the letter of notification. Copies of the written notification may be sent to all members of the Board of Directors.

Staff will immediately suspend distribution of a project, provided that the project contains alleged violations of these Operating Policies Rules and Procedures relating to nudity, language, gambling or commerciality or provided that clear and substantial risk of legal liability for PATV 5 exists. In the event of suspension of distribution, a producer will be given notification of the alleged violation.

PATV 5 staff strives to resolve disputes in a manner that is fair, reasonable and equitable. Within two weeks after the date of notification to the producer of the infraction, the designated staff person will meet with the producer to discuss the infraction and potential solutions (depending on infraction a third party may be included in such a meeting to ensure fairness). After this meeting (or if the producer refuses a meeting) the designated staff person may take one or more of the following actions:

Require the producer to attend designated training or workshops prior to further use of PATV 5 facilities;
Suspend for a period of time or revoke, in whole or in part, the producer's privileges to use PATV 5 facilities;
Determine through discussion or mediation an alternative solution and/or
Take no further action.

No person shall have producer rights suspended or revoked unless the designated staff person determines that the producer's conduct is an aggravated infraction of these Operating Policies and Procedures. In determining whether an infraction is aggravated, the designated staff person shall consider whether:

The producer or has been involved in previous infractions.
The infraction reflects a serious disregard by the producer of the personal or property rights of others.
The infraction reflects a serious disregard by the producer of the proper care, use, treatment or protection of PATV 5 facilities.
The infraction was intentional or demonstrated a willful disregard for these Operating Policies and Procedures.

The designated staff person shall notify the producer in writing of a decision to impose sanctions as soon as possible. If the designated staff person suspends or revokes producer rights and if the designated staff person determines that the producer's conduct seriously endangered PATV 5 facilities or the person or property of others, the notice shall so state and the revocation or suspension shall take effect immediately. The Executive Committee shall be sent a copy of any Executive notice required by this Section.

Any producer against whom the designated staff person has imposed sanctions may appeal that decision to the Executive Committee. A request for appeal shall be in writing and delivered to the Executive Committee within 30 days after the producer is notified of the designated staff person's decision. If a request for appeal is made, sanctions shall not take effect unless the designated staff person has determined that the producer's conduct seriously endangered PATV 5 facilities or the person or property of another and has notified the producer of this decision.

Upon receipt of appeal from a producer, the Executive Committee shall include the matter on its agenda, granting priority over all other agenda matters except for the appeals made under this section. That portion of an Executive Committee meeting at which an appeal is heard shall be open to the public. At the meeting the designated staff person shall describe any sanctions imposed and the basis for alleging a violation of these Operating Policies and Procedures. The producer shall be entitled to testify regarding the alleged violation and any sanctions. Both the producer and the designated staff person may present witnesses or evidence related to the alleged violation. Additional public comment may be taken.

If the Executive Committee determines that there is sufficient basis to justify the designated staff person's determination of a violation of these Operating Policies and Procedures, then that determination shall be affirmed. The Executive Committee may modify the designated staff person's determination or any sanctions imposed or may make a new determination or impose new sanctions. If the Executive Committee determines that there was no basis for the designated staff person's determination of a violation of these Operating Policies Procedures, the Executive Committee shall remove any sanctions which were based upon the determination.

Any decision by the Executive Committee shall be final and conclusive.
Any PATV 5 staff may cause any persons to be removed from PATV 5 facilities and may require any persons to return any PATV 5 facilities in his/her possession when the person is interfering with other PATV 5 business or staff in the performance of PATV 5 facilities or activities or when the person is placing in immediate danger any PATV 5 facilities or the person or property of others. Any PATV 5 staff who takes such action shall make a written report to the designated staff person of the actions taken and the circumstances that caused them to be taken.

Violations

Owing funds to PATV 5 due to failure to pay for equipment damage, submitting a check with insufficient funds, etc.
Breach of the distribution contract warranties.
Using equipment and facilities for any purpose not related to the production of programs for cablecast on PATV 5 managed channels.
Attempted equipment maintenance or disassembly.
Changing the wiring/cabling of the studio or an editing room without specific authorization in advance by PATV 5 staff.
Removal of equipment from the equipment storage area without proper checkout procedures and/or without signing an Equipment Checkout Form.
Checking out equipment for use by a non-certified producer or for a producer on suspension.
Covering PATV 5 equipment labels or identifying information on equipment without prior approval and clearance from PATV 5 staff.

Prohibited Acts

Intentionally providing false information to PATV 5 for the purpose of obtaining services, access to channel time or to avoid determination of facts in accordance with any PATV 5 investigation or hearing.
Individuals and organizations must not identify themselves as an employee or agent of PATV 5, the towns of Vail and Avon, Comcast or affiliated organizations unless hired by PATV 5 to perform a specific service.
Intentionally and/or recklessly destroying or damaging PATV 5 property or the property of others on PATV 5 premises or at PATV 5 sponsored events or activities.
Use, possession or distribution of any controlled substance, illegal drug or alcoholic beverage on PATV 5 premises or at PATV 5 sponsored events. Appearance at any PATV 5 sponsored event while intoxicated or under the influence of a controlled substance will be considered a violation. Alcohol may be permitted at certain organizational events with prior written consent from Board of Directors President.
Use or possession of any weapon, explosive, dangerous chemical, substance, as defined by state law, to inflict bodily harm or damage PATV 5 facilities. Exceptions may be made in conjunction with productions, for which prior permission has been granted by the GM.
Threats, intimidation or harassment of another with intent to substantially harm the person with respect to her or his physical safety or mental health. This includes causing physical harm to any person or property on PATV 5 premises or sponsored. Verbal or written threats of violence will be taken seriously. Individuals making threats toward PATV 5 staff, individual at the PATV 5 premises or at a PATV 5 sponsored event will be escorted from the premises and banned from PATV 5 facilities.
Smoking tobacco and other substances inside PATV 5 premises.
Deprivation of another person's property including PATV 5 property or services without that individual's or PATV 5's authorization.
Unauthorized use of the PCM logo, name, mission statement, symbols or other materials generated by PATV 5 for any purpose without prior consent by the GM.
Engaging in lewd, indecent, erotic or obscene behavior on PATV 5 premises or at PATV 5 sponsored events.
Engaging in any unlawful act while on PATV 5 premises or while participating in a PATV 5 sponsored event.
Unauthorized entry into restricted areas.

Any violation of the above prohibited acts will result in an immediate suspension from PATV 5 facilities or services. There are no verbal or written warnings for these violations.

Policies in PDF Format

Forms

Membership Agreement

Cablecast Request