Loading...
HomeMy WebLinkAbout35-City Administrator . , CITY OF SAN BERNQlblNO - REQUEST IC)R COUNCIL ACTION From: JAMES E. ROBBINS Acting City Administrator Subject: Programming of Election Night Candidates on Public Access Channel. Dept: Date: January 10, 1988 Synopsis of Previous Council action: None Recommended motion: That staff be directed through government access policies and procedures to: 1. In cooperation with the League of Women Voters, who would provide a moderator, stage at the Studio, two, two-hour maximum, debates between the four Mayoral candidates and the five Council candidates; and/or 2. Tape and play any forums conducted by the League of Women Voters or Chamber of Commerce and election night coverage; ~ 3. Continue working with the Commission to develop additional guidelines for impl=ontation boforo tho noxtJ!j~O~~ / cI, 'Zf. !.i':-- ) Signa ure,_?O<-".c,... Contect person: Dean Gray, tJ.ons Supporting data atteched: Director of Telecommunica-t>hone: 5147 yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finanee: Council Notes: Aaenda Item No. 35' - . , CITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION STAFF REPORT On April 19, 1982, the Mayor and Common Council created the community Cable Television Commission. In May of last year, the Commission adopted policies and procedures for Public Access and Programming Policy and Operational Procedures for the Access Channel. These policies were adopted in an objective environment and are absent of political pressures. Our Director of Telecommunications has been active in Southern California Telecommunications activities. The proposed and adopted pOlicies and procedures are reflective of existing policies throughout Southern California. As a result, we have the collective best thinking of professionals and concerned citizens throughout our area. As we approach this election time, there has been an interest in providing the Community with objective information regard- ing candidates. The concept was discussed at Commission meetings and, as a result, there is disagreement on how to proceed. You have as part of this material a letter from the Chairman of the Commission requesting the item of programming the Municipal Election be placed on this agenda. Staff understands the concern and rather than place the item on the next Council Meeting's agenda, has prepared this staff report as a method to place the item before you now. The staff recommendations in this matter are to direct staff through government access policies and procedures to: 1. In cooperation with the League of Women Voters, who would provide a moderator, stage at the studio, two, two hour maximum, debates between the four Mayoral candidates and between the five Council candidates. (These would be taped in the morning and played that same evening). and/or 2. Tape and play Women Voters Election Night any forums conducted by or the .Chamber of coverage. the League of Commerce and or 3. continue to work with additional guidelines next election. .~~~ JAMES E. ROBB;rk ~ Acting city Administrator the Commission to develop for implementation before the /-/o-ti'9 "..... , ........ J REC'D. -lOMltl. eFF. 1989 JAM -4 AM lO: 21 January 3, 1989 Honorable Mayor and Common Council City of San Bernardino 300 North "0" Street San Bernardino, cA 92418 Dear Mayor and Council: The Community TV Commission has requested that the matter of programming the Municipal Election candi- dates on the Community Access Channel be placed before the Mayor and Council on the agenda of January 17, 1989 for their approval or disapproval. 'ncerely, W~t RUSSELL E. LACKNER Chairman Community TV Commission CI~Y OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION STAFF REPORT INTRODUCTION At the December 6, 1988 Community Cable Television Commission meeting, the question of producing political forums/debates and/or 1S-minute candidate features was discussed. The Commission agreed strongly as to the importance of providing information about the candidates and the issues to residents of San Bernardino. At the December established a guidelines. The Commission sub-committee met on December 27, 1988 and with input from City Attorney James Penman, completed guide- lines related to candidate feature programs. During the meeting, James Penman raised the issue of continued playback of "Meet the Mayor" programs during the election campaign. Mayor'S staff was also present at that meeting. 20, 1988 meeting, sub-committee to Chairman Russell produce political Lackner program At the January 3, 1989 meeting, a letter from Mayor Evlyn wilcox to the Commissioner was read. The Mayor indicated her desire to continue playback of "Meet the Mayor" and voiced her disapproval of using cable television or its personnel for the purpose of pro.ducing or cablecasting free "political commercials." She did indicate, however, her support for Division involvement in producing one or both of the candi- date debates for Mayor and Council positions. My response to the commission, after reading the above-men- tioned letter, was that I would continue to air "Meet the Mayor" and discontinue any plans to produce alternative political programs during the election campaign. My response prompted the Commission to approach the Mayor and Common Council requesting authorization of city-produced political programming. SUMMARY As Director of Telecommunications, it is my job to enforce Division policy regarding programming guidelines, not nec- essarily create policy. I have assisted the Community Cable Television Commission and t~e City Attorney's Office, in preparing the following access guidelines: "Policy and Procedures for Public Access, Draft" and "programming Policy and Operational Procedures for San Bernardino Municipal Government Cable Television Access Channel". I would like to cite two excerpts from those documents, which I believe most pertinent, and which I have used as my guide in policy enforcement. (Policy and Procedures for Public Access, I.B.S, page 2) "The following material is prohibited in public access productions:...po~cal advertising such & Jannouncements, rallies and fundraisers urging votes fo?' or endorsing . candidates for public office or specific ballot measures. Programs that focus on government or political issues which do not involve advertising but primarily seek to inform the public are not prohibited. However, there must be equal opportunity for diverse viewpoints dealing with controversial issues of public importance as stated in the Federal Fairness Doctrine which supports and seeks to ensure equality and fairness. The Community Cable Television Commission will make every effort to maintain this policy in cablecasting issues of this nature. If a particular production does not comply with the law, the CCTC may withdraw the production or have it revised." (Programming Policy and Operational Procedures for San Bernardino Municipal Government Cable Television Access Channel", Operational Procedures, C.3, page 4) "Announced candidates for the City offices shall not be permitted to make personal statements over the Municipal Cable Channel, except as may be part of formal public meetings, from the time of their announced candidacy until after the elections, unless a scheduled series of statements from all candidates is programmed and equal time allowed to all." It is my understanding, based on the aforementioned documents that certain restrictions apply to our Division's involvement in political programming. My interpretation is as follows. Under public access, political advertising (Endnote '1) is restricted from public access; however, programs that focus on government or political issues or which primarily seek to inform the public are not prohibited. "Meet the Mayor" has always been classified as a government access program. If it were determined to be a public access program it would fall into the latter category as informational programming. The emphasis with public access is always to provide equal opportunity for diverse viewpoints. Under government access, announced candidates for city office shall not be permitted to make political statements unless a scheduled series for all candidates is programmed with equal time for all. CONCLUSION By using existing Government Access guidelines, the city may establish Division involvement in staging and/or production of a series of equal time program formats in an effort to provide pertinent information to the citizens. It should be noted, however, that due to limited equipment, personnel, and funding, that I recommend as many of said events as possible be staged in the CATV production studio in order to minimize cost and assure the highest production qual! ty. These recommendations apply only to programs produced using ~ ~"" City staff and f lities. It should be n d that in the interest of free om of speech and the firs amendment that "any political candidate or individual has the right to supply programming to the Division for first come, first serve playback. In the case of political programming, our Division is required by law: 1) to keep an open file of all access requests, 2) inform all candidates of such requests and 3) supply other candidates with either tapes or scripts of the program (Endnote 2). This must be accomplished within 24 hours of cablecast unless the cablecast occurs within 72 hours of an election. In these cases, we must give sufficient notice to give each candidate reasonable opportunity to prepare his or her response and take advantage of the ,opportunity offered. It should also be noted that it is a normal function of the Telecommunications Division to capture significant local events as they occur, and to include documentation of those events in the program schedule. Since local political debates and forums typically meet the criteria of significant community events, unless otherwise directed, we would continue to videotape these events for playback. ENDNOTES (1) Webster's Ninth New collegiate Dictionary, c. 1987 "advertise (2.c.): to call public attention to esp. by emphasizing desirable qualities so as to arouse a desire to buy or patronize." (2) VHS copies of each program will be available at the Feldheym Library during normal business hours. ATTACHMENTS Letter from Mayor Wilcox to Commissioner, dated January 3, 1989. "Policies and Procedures for Public Access,"" draft, dated May 3, 1988. "Programming Policy Bernardino Municipal Channel." and Operational Procedures for San Government Cable Television Access Federal communications commission Rules and Regulations Cable Television Service, dated May 1984, Section 76.205: Origination cablecasts by candidates for public office. 76.209; Fairness Doctrine; personal attacks; political editorials. Cable Television, Editorials", Section General" Ira Stein, Section 3.23; "Political 14.09: "Political Advertising Rules in c ""...;>' C I T Y o F O' , Ie. 0' T H I II A Y 0 R EVLYN WILCOX II A Y 0 R January 3, 1989 Dear CATV Commissioner: As you know, there has been recent discussion concerning my "Meet the Mayor" program that airs twice a week on local cable television. First of all, let me advise you that all of the programs currently pre-taped were done before I officially pulled my papers for re-election. I had and have no intention of taping any new ones until after the election. Second, one of the reasons I began the "Meet the Mayor" series was because I felt that the newspaper was not giving adequate coverage to the various city and community projects that were helping make our city a better place to live. I see no change in newspaper coverage. Thus the need for the program continues. Further, I think it is wrong that the newspapers and the newspapers alone decide what the public needs to know or rather what it doesn't need to know. Third, I feel that it is wrong to take the currently taped . programs off the air which were taped December 8, 19887 city of Hope, Epilepsy Society, YWCA, San Bernardino Area Chamber of Commerce, and American Youth Soccer Organization. To be contacted for taping in 1989 are the following organi- zations: YMCA, Home of Neighborly Service, Salvation Army, Park & aecreation Community Services Division, AARP groups in San Bernardino to talk about service to senior citizens, San Bernardino Art Association, and San Bernardino Valley Community Concert Association celebrating its 50th Anniver- sary. Why should these programs and organizations be p.naliz~d and not receive proper exposure because I am running for re- election? aDo NORTH '0' STREET. ~AN BERNARDINO, CALIFOANIA 92418.0001 71.11....,11 . PRIDE,f 9RESS ,. r- -- "-./ CATVComm January 3, 1989 page 2 If the reasons offered were well founded, I shouldn't chair the Council .eetings as it give. me an unfair public exposure over the other candidates for Mayor. If I were to listen to the.e same reasons, I wouldn't repre- sent the city at any public function, as it would give me unfair exposure over the other candidates for Mayor. I will not stop doing what I was elected to do and that is being Mayor of this city. I believe the utilization of cable television is to make the citizens of San Bernardino aware of the many programs and efforts on the part of civic organizations and is a part of my job as Mayor. Thus, I am recommending that this program remain throughout the election period. Fourth, the recommendation that each candidate should have 15 minutes free air time each week and the cable staff would pre-tape each candidate's program is a misuse of taxpayer dollars. There are four candidate. for Mayor and five candidates for city Council. That would .ean the cable staff would have to pre-record nine programs every other week during campaign time. The cost for this idea would be paid for with tax dollars. I am opposed to the idea. If the city cannot pay for a slide show dealing with annexing new property into the city, it certainly cannot pay for producing and airing political commercials on cable television. Thus, I will not approve the use of the cable television or its personnel for the purpose of producing and airing free political commericals for any candidate. That is, unless the individual candidates wish to pay the going rate for production and air time. However, I feel that it is legitimate for cable television to tape and air one or both of the candidate debates for Mayor, as well a. any of the debates for City Council. The only stipulation for airing the debates should be that all candi- dates for the particular office would have to participate. ". . ,..... "-' -,..... ",j' CATVColIIJII January 3, 1989 paqe 3 Hopefully, this letter has clearly stated my position on the political matters beinq discussed in your meetinq today. lerelY, ~ ?' /, -" /)~ ~ox, Mayor EW:qjr ,-, I""..< ....~, COMMUNITY CABLE TELEVISION COMMISSION POLICIES AND PROCEDURES FOR PUBLIC ACCESS MAY 3, 1988 DRAFT ,.., '--- TABLE OF CONTENTS I. INTRODUCTION/PURPOSE STATEMENT..............Page 1 II. POLICY GUIDELINE A. Public Access POlicy.................pages 1-2 B. Program Content Restrictions.........Pages 2-3 III. OPERATIONAL PROCEDURES A. Certification........................Pages 3-4 B. Facilities and Equipment.............Pages 4-5 C. Program Production, Videotape and Sponsorship........................pages 5-9 D. Scheduling for Cablecasting.........Pages 9-10 IV. RIGHTS AND PRIVILEGES A. Community Access Producers.............Page 10 B. Community Cable Television Commission..page 10 V. APPEALS PROCEDURE......................Pages 10-11 . - '-, .>>''"', '-" I. INTRODUCTION/PURPOSE STATEMENT On or before September, 22, 198?, the City of San Bernardino will begin programming the Public Access Channel(s) made available by the local Cable Television Companies franchised by the city of San Bernardino. This commitment includes free access to and use of defined cablecasting equipment and facilities, technical staff support and channel space. The city of San Bernardino will also provide a certification process free of charge, which must be completed by those wishing to use equipment and/or facilities. To assist in overseeing this process, the City Council of the City of San Bernardino will use the Community Cable Television Commission whose responsibility, in cooperation with the City CATV Coordinator, will be to: A. Monitor the implementation of public access programming. B. Insure sufficient and non-discriminating public access. C. Allocate public access channels; and D. Promote local interest programming. Public access programming can be exciting, informative and entertaining to the citizens of San Bernardino. The Community Cable Television Commission encourages local groups and individuals to become involved in taping community events and items of interest. The Community Access Channel is meant to be the conduit by which the citizens of San Bernardino can show the various people and cultures that combine to make our City great. II. POLICY GUIDELINES A. Public Access The policy of the Community Cable Television Commission for public access is equal opportun- ity for all individuals, groups and organiza- tions' residing within the City of San Bernard- ino. Access will be provided on a first-come, first-served basis regardless of race, ethnic . ,'" /, '-' -...i community Cable Telvision Commission policies and Procedures for Public Access page 2 background, sex, religion, age, handicap, level of creativity, or socioeconomic status. B. Program Content Restrictions It is the responsibility of the Community Cable Television Commission and the CATV Coordinator to ensure that programming complies with federal, state and local "laws and standards. The following material is prohibited in public access productions: 1. Libelous or slanderous material. 2. Obscene or indecent material. 3. All information concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of such lottery, gift enterprise, or scheme whether said list contains any part or all of such prizes. Also prohibited is the awarding of prizes if there is any obligation to purchase a product or make use of a service. 4. Material which. is meant to defraud the viewer or is designed to obtain money by false or fraudulent pretenses, representa- tions or promises. 5. Political advertising such as announcements, rallies and fundraisers urging votes for or endorsing candidates for public office or specific ballot measures. Programs that focus on government or political issues which do not involve advertising but primar- ily seek to inform the public are not prohibited. However, there must be equal opportunity for diverse viewpoints dealing with con~ro~ersial issues of public import- ance as stated in the Federal Fairness Doctrine which supports and seeks to ensure equality and fairness. The Community Cable Television commission will make every effort to maintain this policy in cablecasting issues of this nature. If a particular production does not comply with the law, the CCTC may withdraw the production or have it revised. 6. Commercialism as any product or prices and the contributions. and phone number well as the endorsement of service, the stating of solicitation of monetary (Note: The name, address of an organization may be . > ,.- ........ ""'" community Cable Telvision Commission policies and Procedures for Public Access Page 3 given once for the purpose of making addi- tional information available. Support by an underwriter is permissible and may be mentioned at the beginning and end of the production. For example, "This program w made possible by a grant from Company X."l 7. Programs creating an imminent danger or injury to persons or property. 8. All users presenting videotape and/or live programming for cablecast shall agree, as a condition of the cablecast, to indemnify and hold harmless the Community Cable Television Commission, the City of San Bernardino and the local cable companies, their employees and agents from all loss, liability and damage arising out of or caused by the cablecast of the user's program. 9. Conditional prohibitions Music and program material from broadcast stations, networks, sponsors, performers and representatives are subject to copyrights or other ownership and royalty rights. Access users are required to advise the CCTC if their program contains such copyrights or royalty rights, and must provide all necessary written authorization from owner of said material. Program producers assume full legal responsibility for any disputes concerning unauthorized use of copyright or royalty rights material; III. OPERATIONAL PROCEDURES A. Certification The CCTC requires that all individuals interes- ted in using its facilities and/or equipment to produce a program be certified. Free training courses will be offered periodically by the city of San Bernardino, to help individuals qualify for certification. Applications for the training course can be obtained at the Office of the CATV Coordinator, 300 North "0" st., or call 384-5147. The main purpose of the course is to insure that individuals are informed of the correct use of production equipment which is expensive and fragile, and to provide a comprehensive overview of what production entails. Ex- perienced persons familiar with the equipment and procedures involved in video production are . 7 - ,..'-.. ..-'" '-' '-" community Cable Telvision Commission policies and Procedures for Public Access Page 4 only requ~red to pass an written and perfor- mance examinations for certification. The following outline describes the training course which consists of two sections. Section one will cover basic production and equipment usage and section two will be added as studio equipment and facilities are made available. 1. Basic production'Training - 4 hours. a. Basics of community access and cable television. b. Pre-production planning. c. Field production. d. Editing and post-production. 2. Studio Production - 8 hours. a. Set development. b. Crew Coordination. c. Director. d. Audio. e. Camera. L Floor Direction. g. Talent. The course concludes with a written proficiency examination that must be passed in order to receive certification and an official community access certification card. The card permits individuals to borrow equipment and use the studio facilities at no charge. Cards that are misused or loaned will be revoked. B. Studio Facilities & Equipment In order to check out equipment, the user must complete an Equipment Check-out Form. Users can use equipment for twenty-four hours, (Equipment checked out on Friday may be returned Monday a.m.) Check out periods may be extended through special arrangement with the Production Supervisor. Equipment may be checked in and checked out between 9:00 a.m. and 4:00 p.m., Monday through Friday. The check out of equipment should be scheduled through the Production supervisor, who reserves the right to deny the use of the studio and/or equipment to anyone who exhibits irresponsibility, negligent behavior, misconduct towards City staff or public access participants, repeated late return of borrowed equipment, damage or theft of borrowed equipment due to negligence, - . > ~~ ' \,--" -...I Community Cable Telvision Commission policies and Procedures for Public Access Page 5 or other actions the Production Supervisor deems unacceptable. Each user shall be responsible for the proper care, use, treatment, protection and prompt return of equipment or other facilities while signed out by the user. User shall agree as a condition to use, to indemnify and reimburse at a rate set forth by the CATV Coordinator for damage to equipment or other facilities caused by neglect, abuse, theft or other calami~y- ordinary wear excepted--which occurs while such equipment or facilities are signed out by the user. Because the Public Access user in whose name the equipment is checked-out remains liable for its safe and timely return, it must not be loaned, transferred or exchanged with anyone else. Equipment check-in must be completed by the person who checks it out. No user shall disassemble, repair, or otherwise tamper with any equipment checked out. No one may inter fer with the production and/or facility usage of another user. No user may use CCTC equipment or facilities while under the influence of alcohol or drugs. No smoking, drinking, or eating is allowed in control or editing rooms or near any equipment. Each user shall assure that the facilities and/or equipment are left in a clean and neat condition, and available for a subsequent user at the end of the time reserved. Failure to comply with any of the above Public Access Usage Guidelines may cause the loss of Public Access privileges for a period to be determined by the CATV Coordinator. C. Program Production, videotape and sponsorship. 1. Production. The Community Access producer is responsible for all talent and guests connected with the production. The producer must notify all production and on-camera participants of the program content restrictions and prevent < . ............. "-.0;' Community Cable Telvision commission policies and Procedures for Public Access Page 6 these restrictions from appearing in the program. (Refer to section II, B.) Only those persons necessary for the show should be present during studio taping. Public Access producers and their guests are restricted to the immediate production area, and shall not go into other studio areas without approval. from the Production Super- visor. The City will provide all technical personnel, and the Production Supervisor will oversee the production. Public access producers may personalize their program by providing their own set materials. The particulars must be coordinated beforehand with the Production Supervisor. Set storage will not be permitted due to space limita- tion. Persons appearing before the camera must provide their own costumes, make up and accessories. Black or white clothing, or reflective jewelry should be avoided, because these will affect lighting and contrast. All individuals or groups interested in producing a program must complete a project Request Form and submit to the programming Supervisor. 2. Technical Standards for Videotape The videotape must be accompanied by a rundown sheet containing the following information: a. Title of program b. Producer's name, address, and telephone number c. Time of program in minutes and (from fade-up to fade-out). should not exceed twenty-eight and thirty seconds or fifty-eight and thirty seconds. d. Number of (cuts) on tape, indication of which segements are to be used and their times in minutes and seconds, counter number on VTR for start of each segment. e. Indicate black and white or color; audio must be on channel 2. The Programming Supervisor must be made aware if the audio is on both channels. Because electronic insertion equipment will be used, audio track 1 will be used, which seconds Program minutes minutes - . , ......... ,', - -- Community Cable Telvision Commission Policies and Procedures for Public Access Page 7 may result in audio damage to track 1. f. All programs developed and/or produced through the use of CCTC facilities must carry the following announcement: "The producer wishes to gratefully acknowledge the Community Cable Televi- sion Commission for the use of their equipment and facilities in the production of, this program. The contents and ideas expressed are the sole and exclusive responsibility of the producer and do not reflect the views, opinions, or expressions of the community Cable Television Commission." g. The tape must have a m1n1mum of ten seconds of locked black at the beginning and end of a program. It must have the title and/or credits recorded, or the user must submit with the tape a single sheet of paper with the titles and/or credits to be used on the character generator before the program. The tape must be capable of being played on a Sony 5000 series VTR, or JVC industrial VCR at standard speed, and be time-base correct- ed. Tapes must be electronically edited on an editing machine. Camera edits (caused by turning on and off camera while shooting are not acceptable. They are not stable, and will not cablecast without significant quality loss. The Programming Supervisor will accept a minimal number of video problems, and the tape will be reviewed to ensure that in complies with the Program Content Re- strictions set forth in section II. B. The final decision as to technical adequacy will rest with City programming staff. The tape will be cablecast on public access channels only if it meets the above mentioned technical standards, and is provided a minimum of 10 days prior to cablecast. . h. The city can provide all videotape necessary for studio productions. The finished tape will remain the property of the City of San Bernardino, and may be erased and recycled after cablecast. The City reserves the right to replay por- tions of the program or the program in its entirety, and to allow the program to - - . . ........ '",...... , , ....., .......; Community Cable Telvision Commission policies and Procedures for Public Access Page 8 be replayed on other Cities' access channels. Programs taped with City Access equipment and/or personnel shall become the property of the City. Should the user want a copy of the program, appropriate charges for dubbing and/or tape will apply. Orders for copies will take approximately one week, and must be prepaid. Arrangements must be made with the Programming Supervisor within fourteen days after the cablecasting of the program. If a. producer does not recover the videotape from the City within this time period, the city will retain owner-ship over the videotape. The tape will either be erased and recycled, or be kept for future use. i. The Programming Supervisor reserves the right to determine whether the program content complies with the restrictions noted in Section II. B. If infractions are observed either in technical quality, program content, or sponsorship credits, the Programming Supervisor may opt not to cablecast program until said infractions are corrected. j. If a Public Access videotape is rejected, an effort will be made to notify the program's producer in order to have the problem(s) corrected. However, the cablecast time, if pre-scheduled, will have to be re-scheduled. If CATV staff is unable to contact the producer concerning the rejection, the rejected material will be shipped back to the producer along with rejection infor- mation. 3. Sponsorship a. Total credit time may not exceed thirty seconds, and may be split between the beginning and ending of the program. b. Sponsorship credit may be audio and/or video, and may include the name, address, and telephone number of the sponsor. c. Sponsorship credit must contain the following lead announcement or a similar statement: "The preceding public access program has been presented through the assistance of... (name, address, telephone number)." -- - - . . ........ ""..... ;""'-1 '.,.,; Community Cable Telvision commission policies and Procedures for Public Access Page 9 Any further description of the sponsor's business or function will be construed as commercialism, and is not permitted on public access programming. d. All monies received from a sponsor are expressly for the purpose of underwriting production expenses, and are not to be construed as consideration for anyon-air promotion or announcements for guests. It is strictly forbidden to use public access for profitable gain by selling "promotion time" on programs. Viewer response may be encouraged by giving out an address and/or phone number at the end of the program. Please note the city of San Bernardino's address and telephone numbers must not be used for this purpose. Any questions regarding program produc- tion, videotape, or sponsorship may be directed to city production or program- ming staff. D. Scheduling for Cablecasting 1. The Programming supervisor should be con- sulted regarding scheduling.Cablecast time may be scheduled up to thirty days in advance. Programs must be submitted at least ten days prior to requested time slot for cablecast, ENG excepted. 2. At the discretion of City Programming staff, repeat users, or those requesting access time on a regular basis, may be preempted by a one-time or first-time user. Programs may not be scheduled for cablecast more than twice per program week so as to allow use by new public access producers. CCTC cannot guarantee any user a regular time slot due to fluctuations in demand for the use of public access cablecasting time. Every attempt will be made, however, to allocate cablecasting time on an equitable basis, and to work regular users into some kind of regular schedule, whether weekly, bi-weekly, monthly, or other interval. Producers may be added to the waiting list for a regular time slot only if they have produced and , ......"., ....0,; Community Cable Telvision Commission Policies and Procedures for Public Access Page 10 cablecast at least one program on CCTC Public Access. 3. A maximum of one hour per week cablecast time is allowable for public access producers and hosts. Producers and hosts are not to make repeated appearances on shows other than their own, so as to discourage monopolization of the public access channel, and in fairness to other pUblic access users. 4. Every effort will be made to ensure that programs are cablecast at the correct time, and with an acceptable level of quality. CCTC cannot be held responsible for the loss, destruction, or damage to the program; or failure or refusal to cablecast the program or to cablecast it at the scheduled time. IV. Rights and Privileges A. Access Producers The access producer is entitled to: 1. ownership of his/her base videotape; 2. a minimum of one program date and time for cablecast on the Community Access Channel according to the established priority guidelines; 3. play or distribute his/her videotape program provided the CCTC is given credit within the videotape at each air date or play. B. CCTC The Community Cable Television Commission is entitled to: 1. Retain the program edited master for its library; 2. Use or authorize the use of the program or any part of the program for any lawful purpose; 3. Erase a program after it has been cablecast upon a courtesy waiting period of ~ourteen days. 4. CCTC will use its discretion for scheduling programs based on Community needs/interests. 5. CCTC reserves the right to preempt regularly scheduled programs. V. Appeals procedure The guidelines document and/or and procedures set forth in this their application in specific cases , c community Cable Telvision Commission Policies and Procedures for Public Access Page 11 may be appealed to the CATV Coordinator at (714) 384-5147. If the problem(s) cannot be resolved administratively, a written request may be made for a hearing before the members of the CCTC. Such requests should clearly state the nature of the complaint or concern, and the circumstances out of which the complaint arose. Because the concerns or complaints may involve programming hours, rules and procedures, or personnel, hearings will be scheduled within 30 days of receipt of written complaints to allow for prompt resolution of said discrepancy by the Community Cable Television commission. Decisions of the Community Cable Television commission are final. Requests for a hearing should be sent to: Dean Gray, CATV Coordinator 300 North "0" Street San Bernardino, CA 92418 . r~ /~ ~ ~ CITY OF SAN BERNARDINO PROGRAMMING POLICY AND OPERATIONAL PROCEDURES FOR SAN BERNARDINO MUNICIPAL GOVERNMENT CABLE TELEVISION ACCESS CHANNEL 1 .. ....... / PURPOSE The purpose of the San Channel is to encourage local government; Bernardino Municipal Cable Television the involvement of all citizens in GOALS The City of San Bernardino Municipal Cable Television Channel will be programmed using city Access personnel and facili- ties. It is meant to serve as a conduit directly for train- ing and coordination to the citizens of San Bernardino, for producing and distributing information about City government activities and services. Use of these facilities and programming will be coordinated by the City's CATV Coordinator. MUNICIPAL CABLE CHANNEL ADVISORY COMMITTEE In order to resolve issues raised regardi~g exceptions, variations or modifications to this programm~ng policy and operational procedures statement, a Municipal Cable Television Advisory Committee has been established. The Committee consists of: (1) City Administrator or representative: (7) Council CATV commissioners: (1) Police Department representative: (1) City Library representative: (1) Fire Department representative: (1) Parks, Recreation & Community Services representative: (1) Mayor'S Special Project representative: (2) Mayor'S CATV commissioners: Other representatives will be considered at the discretion of the City Administrator. Appeals to the Advisory Committee should be directed Committee Chair and will be considered in a timely The Committee should meet monthly and adhere to rules and regulations concerning Committees. to the manner. all City OBJECTIVES The primary objectives of the Municipal Cable Channel Advis- ory Committee shall be as follows: a. To provide service information to the citizens of San Bernardino. b. To widen the dissemination of the information of the activities of the Executive, Legislative and Advisory bodies of the City of San Bernardino. c. To increase the knowledge of the citizens of San Bernardino as to the various functions performed by their City government. d. To provide additional information to the citizens needing access to the various City departments. 2 '. e. To supJ:Jment the public safety ~ivities of the police and Fire Departments serving San Bernardino. f. To assist in internal training of appropriate City departments. . PROGRAMMING POLICY Programming Policy shall be to provide direct, non-editorial information to the citizens of San Bernardino concerning the operations and deliberations of their City government. The Municipal Channel is not intended as a political forum, nor as a mechanism for building support for a particular policy, program or issue. Announcements of authorized City events shall be allowed but announcements for outside agencies shall generally not be permitted. OPERATIONAL PROCEDURES a. Channel. The local City government shall operate on the specific Cable Television channel assiqned to Municipal Access and shall use the designation, City of San Bernardino, Municipal Access. b. Modes of Cablecast. The City shall utilize five basic cablecasting modes: 1. Live cablecast. Live cablecast will be provided. Generally, this will consist of cablecasts of City meetings and other selected public meetings and events of general community interest as designated by the Municipal Cable Channel Advisory Committee. 2. Tape delayed cablecast. Many public meetings or events will be videotaped for cablecast at a later time. Some meetings such as City meetings, will be cablecast both live and subsequently, by tape at other convenient times during the week. 3. Locally produced programs. A number Qf programs will be produced locally to illustrate the functions or operations of the various activities performed by City government. 4. Outside resource programs. Material is available concerning local government operations on a State and National level. This is especially true of public safety programs and training tapes. This material will be used when appropriate to the City of San Bernardino. 5. Alphanumeric programming. During all hours of operations when other programming is not sched- uled, the Alphanumeriq Bulletin Board will be used to display current messages of interest to the public. 3 c. ~, AcceSs~licy. The Municipal cab~ Channel is not the same as the Public Access Channel provided by the City of San Bernardino. Access to the Munici- pal Cable Channel shall be li~ited to city func- tions and operations. Any non-city request for access must be authorized by the Municipal Cable Channel Advisory Committee. 1. Public Meetings. All public meetings of City policy-making or Advisory Commissions or Boards are authorized for cablecast. All taping or live cablecasting of such meetings must be approved by the Municipal Cable Channel Advisory Committee in advance. Formal City meetings will be taped and other meetings of various Commissions and Boards will be added to the schedule as time and manpower permits~ 2. Informational programming. All city departments may submit requests for programming which they feel are appropriate for the Municipal Cable Channel. All programming requested shall be subject to review by the Municipal Cable Channel Advisory Committee, and only those programs which are consistent with the overall operating policy of the Municipal Cable Channel shall be cablecast. Citv deDartments must verifY in writina that necessary authorizations for cODyriahted material have been obtained. 3. Individual statements. Requests for access to the Municipal Cable Channel for the purpose of advocating a personal viewpoint or policy shall generally be denied unless part of an overall programming strategy to solicit personal interviews with equal time provisions for all. At some point, a series of interviews or call-in sessions with various elected or appointed officials may be scheduled as a regular part of the programming. Additional information and specific rules shall be established for any such programming prior to implementation. Announced candidates for City offices shall not be permit- ted to make personal statements over the Municipal Cable Channel, except as may be part of formal public meetings, from the time of their announced candidacy until after the elections, unless a scheduled series of statements from all candidates is programmed and equal time allowed to all. Any such programming would have prior rules and policy specifically established in advance. 4. Alphanumeric Bulletin Board Messages. Informa- tion for the bulletin board may be submitted by any City department. Messages shall be commen- surate with the intent of this policy statement. 5. Program log. A daily log will be kept to record 4 r' -, '-' . bl d i-' all programm1ng ca ecast ur ng that day. d. Editing Policy. 1. Public meetings. Any public meeting cablecast shall not be edited or subjected to editorial comment. Meeting coverage shall be from gavel to gavel. Supplementary information on agenda items which will aid the viewer in understanding the issues may be provided, if necessary. 2. Departmental Programs. Any programming prepared or provided by an individual City department may be modified or edited as appropriate to the policies governing the Municipal Cable channel use, or as dictated by scheduling and manpower requirements. This process shall be under the operational direction of the CATV Coordinator. 3. Alphanumeric Bulletin Board. Messages program- med into the Bulletin Board shall be edited to provide clarity and to provide maximum use of the memory bank currently available. Message content will not be altered. The CATV Coordinator shall have operational responsibil- ity for this editing. 4. The City employees accuracy Municipal of San Bernardino, its officers, and agents shall not warrant the of any' information cablecast over the Cable Channel. e. Endorsements. At no time will Channel endorse specific brand for consumer use. the Municipal Cable names of products f. Promotions. Promotional announcements for City sponsored events are acceptable for cablecasting. Promotional announcements for events, charities or outside organizations in which the city has no interest or sponsorship shall not be allowed. g. Use of outside Resources. In order to maximize programming, a case by case evaluation will be made to use outside resources. h. Use of City Equipment. Use of City-owned video equipment shall be restricted to City activities and used by City employees or under direct supervision of City employees. Loaning of equipment for personal or outside use shall not be authorized. i. Channel Operating Hours. It shall be the goal of the Municipal Cable Channel to have some form of programming available 24 hours per day. the general approach will be to utilize live and taped programming when available, and have a continuous running Bulletin Board at all other hours. 5 ~ j . ~ ~~, ~ ~ Retention of tapes. It shall be a general policy to retain tapes of locally produced event and meetings for a four week period. After four weeks, the tapes will be reused and original material erased. Any requests or longer retention must be made in advance of the four week limit to the CATV Coordinator. The tapes shall not be considered an official record of the meeting and there shall be no liability for inadvertent erasures or omissions. . 6 e . r "-' .""., ....,.; FEDERAL CDlMUNICATIONS CCIolMISSION RULES AND REGULATIONS~LE TELEVISION SERVICE SECTION 76.205 SECTION 76.209 SUBPART G - CA~LECASTING 76.201 [Deleted] 76.205 ORIGINATION CABLECASTS BY CANDIDATES FOR PUBLIC OFFICE. (a) General requirements. If a cable television system operator shall permit any legally qualified candidate fDr public office to use the system's cablecasting channeHs) and facilities therefor, the system operator shall afford equal opportunities to .all other such candidates for that office: provided, however, that such cable television system operator shall have no power of censorship over the material cablecast by any such candidate: And provided, further, that an appearance by a legally qualified candidate on any: (c) Discrimination between candidates. In making time available to candidates for public office, no cable television system operator shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any cable television system operator make any contract or other agreem~nt which shall have the effect of permitting any legally qualified candidate for any public office to cablecast to the exclusion of other legally qualified candidates for the same public office. (d) Records, inspection. Every'cable television system operator shall keep and permit public inspection of a complete record (political file) of all requests for cablecast time made by or on behalf of candidates for public office, together with an appropriate notation showing the disposition made by the cable television system operator of such requests, and the charges made, if any, if the request. is granted. When free time is provided . . . ~ , ~ ~- _# -27- for use by or on behalf of such candidates, a record of the free time provided shall be placed in the political file. All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for a period of two years. (e) Time of re uest. .A request for equal opportunities for use of the origination channel s must be submitted to the cable television system 'operator within one (1) week of the day on which the first prior use, giving rise to the right of equal opportunities occurred: provided, however, that where a person was not a candidate at the time of such first prior use, he shall submit his request within one (1) week of the first subsequent use after he has become a legally qualified candidate for the office in question. I I i . I I I (f) Burden of proof. A candidate requesting such equal opportunities of the cable television system operator or complaining of noncompliance to the Commission, shall have the burden of proving that he and his opponent are legally qualified candidates for the same public office. 76.209 FAIRNESS DOCTRINE; PERSONAL ATTACKS; POLITICAL EDITORIALS. (a) A cable television system operator engaging in origination cablecasting shall afford reasonable opportunity for the discussion of conflicting views on issues of public importance. NOTE: See Public Notice, Applicability of the Fairness Doctrine in the Handling of Controversial Issues of Public Importance, 29 FR 10415. (b) When, during such origination cablecasting, an attack is made upon the honesty, character, integrity, or like personal qualities of an identified person or group, the cable television system operator shall, within a reasonable time and in no event later than one (1) week after the attack, transmit to the person or group attacked: (1) notification of the date, time, and identification of the cablecast; (2) a script or tape (or an accurate summary if a script or tape is not available) of the attack; and (3) an offer of a reasonable opportunity to respond over the system's facilities. (c) The provisions of paragraph (b) of this section shall not apply to broadcast material which falls within one or more of the following categories: (1) Personal attacks on foreign groups or foreign public figures; (2) Personal attacks occurring during uses by legally qualified candidates; (3) Personal attacks made during broadcasts not included in (b)(2) and made by legally qualified candidates, their authorized spokespersons or those associated with them in the campaign, on other such candidates, their authorized spokespersons or persons associated with the candidates in the campaign; and (4) Bona fide newscasts, bona fide news interviews, and ....."..... - ,<--,./ CABLE TELEVISION I IRA STEIN SECTION 3,23 SECTION 14.09 f' - ...... ....." l-:l6 FEDEIAlIlGUA 110NS then the rule is inapplicable to the attack.82 If the attack is made by a political candidate and qualifies as a use, or if it is made by a candidate's supporters, then it is abo'exempt.8S All bona fide news coverage is abo exempt from compliance with the rule. lit 53.23 Political Editorlals Cable TV systems are permitted to cablecast political editorials, such as candidate endorsements. However, if they do so, they are required to give all other legally qualified opposing candidates a script or tape of the editorial, a notice of the time and channel where the editorial was cablecast, and offer the candidate reasonable opportunity to respond. The notice must be made within 24 hours of cablecast, unless the cablecast occurs within 72 hours prior to the day of the election. In these cases, the operator must give sufficient notice to permit the candidate a reasonable opportunity to prepare his or her response and take advantage of the opportunity offered.85 82 Id ~76.209(c)(I). 83 Id F6.209(c)(2)(3). lit Id ~76.209(c)(4). 85 Id ~76.209(d). Cable Television Handbook and Forms Ira C. Stein Copyright 1985 C McGraw-Hil. Inc. ....-~, -- ""~- 514.09 POlITlCAL ADVBlTJSIIIG IUlES 14-15 be independently liable for deceptive advertising.38 Any system that decides to write and produce commercials should be aware of the potential extra liability, modify its procedures to comply with the higher standard of diligence imposed upon ad agencies, and obtain any necessary liability insurance. S14.08 Miscellmeous Advertising Regulations Cable systems should be aware that there are numerous state and local regulations governing advertising.39 These regulations range from prohibitions of drug paraphernalia advertising, to regulating the use of state flags in advertisements, to regulation of attorney advertisements.'o Each system should compile its applicable state and local regulations and provide that one person is responsible to make sure that all advertising is in full compliance with all the regulations. Political Advertising S 14.09 Political Advertising Rules in General Ever since their invention, TV and radio have had a major impact upon the political system of the United States. Congress has recognized that this power carries the potential for abuse and has enacted laws which mitigate the potential for abuse. These laws fall into two general categories: the fairness doctrine and the political advertising rules. Since both sets of rules generally are applied in a political context, they often are confused. Generally, the fairness doctrine applied to issues and personal attacks," while the political advertising rules only apply to paid advertisements of political candidates. 38 See Rosden, ch -44. 39 See Krasnow, Stale Regulation ('Jj Broadcasters: The Emerging BauJeground, Broadcasting, Mar 12, 1984. at 19. ..0 See. e.g.. Florida Businessmen for Free Enter v City of Hollywood. 673 F2d 1213 (11th Cir 1982). " ch 3. December, 1985 Cable Television Handbook and Forms Ira C. Stein Copyright 1985 , ...... ...... 14-16 ADVERTJSIIl(; WJAS STUDIOS e ,'"' -...,; POLITICAL CANDIDATES SEEkiNG FUe AIR TlMIO TAKE A ~ NUMBER ........'If' Repm:ed with ~ 01 BROADCAST MipZi'llt The basis for the political advertising rules is found in 47 USC H312 and 315. The rules apply to all "broadcasting stations" and were later amended to include cable TV systems specifically.42 The FCC has published a Primer on Political Broadcasting and Cablecasting,43 which is an excellent guide to the rules and is sum- marized in the following sections. ., 47 USC ~315(c)(I). <J 69 FCC2d 2209 (1978); it has also revised its earlier editions, _ FCC2d ._(1985). Cable Television Handbook and Forms Ira C. Stein Copyright 1985 Cl McGraw-Hill, Inc. -- ....... v - S14.11 CAI'IllDAlU 14-17 514.10 PoIltlal Advertising Records Section 76.205(d) of the FCC's rules requires cable systems to maintain a political file, open to the public." The file must contain a copy of all requests for time made by or on behalf of candidates. The system must include a record of what resulted from the requests, such as the amount of time sold to the candidate, along with the amounts of any charges made for the time. A record of free time given to any candidate also must be included in the file. All records must be placed in the file as quickly as possible, to allow candidates to inspect the file and make requests within the seven-day limit.45 All records in the file shall be kept for at least two yean. 514.11 Candidates The political advertising rules only apply to legally qualified can- didates for public office." In order to be a legally qualified candidate, the candidate must have announced his or her candidacy, be eligible to hold office, and either be qualified for a place on the ballot or be committed (and make a substantial showing of bona fide candidacy) to a write-in campaign. The rules are quite strict in that only candidates may take advan- tage of their benefits. For example, the National Conservative Political Action Committee has attempted to use them to run negative oduertis- ing. Negative advertising is advertising critical of a particular candi- date, but not authorized or controlled by any particular opponent." The FCC48 and COUrts49 have consistently held that there is no .. 47 CFR F6.205. 45 SHIH.15. .. 47 USC 11315, 312(7). 47 Such advenising may benefit the opponents of the attacked candidate, without subjecting them to various requirements of the Federal Election Campaign Act. s<< Spendlhnft PAC's, Barron'., June 4, 1984, at 32. .. J. Cuni. Herge, Esq (NCPAC). 88 FCC2d 626 (Broaclcast Bureau 1981). 49 J. Cuni. Herge, Esq (NCPAC). 89 FCC2d 626 (Dee 1982); National Con.ervative Political Action Comm v Kennedy, 563 F Supp 622 (DOC 1983). December. 1985 Cable Television Handbook and Forma Ira C. Stein Copyright 1985 ,..... '- 14-18 AD\I8ITISI\IG private right of access under these rules for uses such as negative advertising. The candidate must have announced his or her intention to seek office. For example, in SenI.Ilor Eugene J McCarthy,SO the senator requested time to respond to statements by then-President Johnson. The FCC found that the president, at the time in question, had specifically refused to announce his candidacy and had publicly stated that he had not yet made his decision about a reelection campaign. This refusal to declare made him ineligible as a candidate under the rules, and Senator McCarthy was denied the opportunity to respond to his statements. Similarly, in Paulsen 1I FCC,sl the court upheld the FCC's decision that a comedian's declaration of candidacy was valid, despite his contention that his candidacy was a facetious satire of the campaign process. The candidate must be eligible to hold office. For example, in Socialist Workers Party, 52 the FCC held that, even though the party's candidates for president and vice-president had qualified for the ballots of at least six states, since they did not meet the age requirements for the offices sought, they were not legally qualified to be candidates. The third element of eligibility may be met in either of two ways. This test is automatically satisfied if the candidate is eligible, under state law, to be on the ballot in the applicable election. If the candidate has not qualified for the ballot, but if the applicable state law permits write-in candidates, he or she may then meet the test requirements by making a substantial showing of bona fide candidacy. 53 The FCC will look at such factors as the candidate's establishment of campaign headquarters, issuance of press releases, and so forth in determining the seriousness of the campaign. There is an exception to this general rule, but only for presidential and vice-presidential candidates. 54 This exception provides that such candidates who qualify for the ballot in 10 or more states shall be deemed qualified in all states, but candidates ;0 11 FCC2d 511 (1968). affd, 390 F2d 471 (DC Cir 1968). 'I -191 F2d 887 (9th Cir 1974). '2 39 FCC2d 89 (1972) ;:1 -17 CFR ~7fi.5(y). " Id ~7fi.5(v)(2). ~ McGraw-Hill. Inc. Cable Television Handbook and Forms Ira C. Stein Copyright 1985 - '-" '" ....,; 514.11 EQUAL 0l'I'0ITlHTB 14-19 qualified in fewer than 10 states are qualified only in those states in which they have actually qualified for ballot statuS.5S S 14.12 Equal Opportunities Section 31556 requires broadcasters who permit a candidate to use their facilities to afford all opposing candidates for the same office equal opportunities to use the station or system. While this requirement is popularly described as the equal lime requiremmt, its scope is vastly greater than the mere provision of equal amounts of time. This particular section does not require that the station or system initiate any uses by any candidates, only that after any candidate has initiated the use, others be given equal opportunities. The political advertising rules are clear that only uses by candidates are subject to the rulesY Appearances by supporters of a candidate, but not the candidate himself or herself, are not subject to the rules. ~ However, such appearances may be subject to the fairness doctrine.S9 In order to make use of the equal opportunities rule, the candi- dates must be opposing each other for the same office in the same election. This requirement has a number of ramifications; for exam- ple, since a governorship and a congressional office are different, a system must keep track of each one separately and afford opportu- nities to the candidates in each race, separately. Similarly, primary races for a party's nomination are separate, so a system would be required to give Democratic presidential candidates in the pri- maries equal opportunities but not to extend such opportunities to the Republican primary candidates. Since primary and general eieetions are separate, a Republican Party nominee is entitled to opportuni- ties equal to that of the Democratic nominee in the general eleetion, 55 Washington. D.C., counts as a state for purposes or this rule. \647 USC ~315. 57 See ~14.11. 5' Fc:1ix v Westinghouse Radio Station., Inc, 186 F2d 1 (3d Cir 1950), em dlrlled, 341 \;S 909 (1951). 59 See Nichola. Zapple, 23 FCC2d 707 (1970). December, 1985 Cable Television Handbook and Forms Ira C. Stein Copyright 1985 I"'" '-' .-<'-, ,.) 14-:11I ADVERTISI\IG without regard to any uses by either candidate during the primary election.6O The word uses is broadly defined as any appearance by the candidate on the station or system, except for certain news pro- grams. Because recognition by the voten, even in a nonpolitical context, has become important to winning elections, many suppos- edly nonpolitical appearances have been held to be uses- panicuiarly appeals for charitable contributions by candidates,.' ministen (who become candidates) appearing on religious programs,.2 movie acton (who later run for office) appearing in movies,.3 or appearances by other entertainers..' Appearances by candidates on newscasts, news interviews, documentaries, or on-the-spot coverages are not uses..s Such programs as Meet the Press, Face the NaJion, and Issuer and Answers fall under the exemption." On-the-spot coverage of major news developments, such as the Suez Crisis,"' a Soviet leadenhip change,6a Chinese nuclear testing,"' and the Iranian hostage cri- sis, '0 have been held to fall under the exemption. Political party conventions,7I including candidate acceptance speeches,72 and, under .0 See Kay v FCC, 443 F2d 638 (DC Cir 1970). .1 United Way, FCC 75-1091 (1975). .2 Rev Billy Robinson. 23 FCC2d 117 (1970). .3 Adrian Weiss (Ronald Reagan Films), 58 FCC2d 347 (1974). r<Ww dmild, 58 FCC2d 1889 (1976); Pal Paulsen, 33 FCC2d, affd. 33 FCC2d 835 (1972), aiJd sub nom Paulsen v FCC, 491 F2d 889 (9th Clr 1974). .. See Kenneth Espengler, 40 FCC 279 (1956); KGGN, 40 FCC 293 (1958). .s 47 USC ~315(a). .. Letters to Andrew J. Easter, 40 FCC 307 (1960); Lar Daly, 40 FCC 310 (1960); Hon Frank Kowalski, 40 FCC 355 (1962); Telegram to Vates ror US Senator Committee. 40 FCC 368 (1962). ., Telegram to ABC, CBS, & NBC, 40 FCC 276 (1956). 68 Republican Nat! Comm. 40 FCC 408 (1964), affd p.r curiam by an equoJJy divided court sub nom Goldwater v FCC & USA, No 18963 (DC Cir), em dmild, 379 US 893 (1964). .9ld. '0 Kennedy ror President Committee v FCC, 636 F2d 417 (DC Cir 1980). 71 47. USC ~315(a)(4); see also Letter to Lester Gold, Esq, Aug 12, 1976. 72 DeBeory-Shaw Campaign Comm, 40 FCC 394 (1964). ~ McGraw-Hm. Inc. Cable Television Handbook and Forms Ira C. Stein Copyright 1985 . ....-... "- S14.1~ EQUAl. 0PP0I1\NTlES 1+~1 certain circumstances, presidential debates," also fall under the news exemptions. Once a station or system has allowed a candidate to use its facilities, it must grant equal opportunities to use the station or system to the opposing candidates. Equal opportunities means much more than equol time. In general, the station or system must provide an equivalent amount of time, at a time period calculated to reach an equivalent audience, with the same opportunity to use broadcasting equipment (in order to produce the spots), at the same rates, and so forth. For example, if a system allowed one candidate to use a half-hour of prime time, offering another candidate a half-hour at 3:00 A.M. with a distinctly smaller audience does not meet the equal opportunities requirement. Likewise, varying the conditions, such as forcing one candidate (but not his or her opponents) to submit a script in advance" ot allowing one candidate to preview his or her opponent's message," is a violation of equal opportunities. However, a system is not required to sell time at exactly the same time period or during the same program, as long as the audience potential is equivalent.76 A system does not need to notify any candidate of the use of its time by an opponent, but it must make its political file available for inspection so that opponents can discover such information. Similarly. a system is under no obligation to halt time sales to any candidate if his or her opponents do not take advantage of the equal opportunities available.77 A candidate is free to use the time provided by the system without censorship, as long as it qualifies as a use. For example, an advertising spot in which the candidate does not appear at all is not considered a use, but any appearance by the candidate, even of a short duration, is considered a use. 73 Aspen Institute, 55 FCC2d .697 (1975), aJfd sub nom Chisholm v FCC, 538 F2d 349 (DC Cir), em dmllfi, 429 US 890 (1976). "Western Connecticut Broadcasting Co (WSTC-AM-FM), 43 FCC2d 730 (\973). " Station WANV. 50 FCC2d \77 (1974),j>if<iture aJfd, 54 FCC2d 432 (1975). 76 See Major General Harry Johnson. 40 FCC 323 (1970); Harry Dermer, 40 FCC 407 (1970). 77 Hon Frank M. Rarsten, 40 FCC 269 (1970). December. 1985 Cable Television Handbook and FotlllS Ira C. Stein Copyright 1985 - " ...-. ........, '-" 14-22 ADVERTISING The candidate need not discuss his or her campaign. The FCC has ruled that a member of Congress may devote his or her entire time to discussing a particular party and that party's nominee for president. 78 Likewise, the system cannot censor the candidate's material, even if it is patently libelous7' or vulgar.80 Because of this rule, the Supreme Court has held that broadcasters are immune from liability for transmitting such actionable material. 81 :-.Iotwithstanding the anticensorship provisions of the rules, a system may ask for a copy of a candidate's script or spots for any of three reasons: \. To discover whether the candidate will actually appear in the spot, thereby triggering a use 2. To discover whether the spot complies with the sponsorship identification requirements 3. To discover whether the length of the spot is actually as repre- sented to the system" A candidate may refuse to comply with a request from the system, even if the system cites one of these reasons. If the candidate does make such a refusal, upon notiCe to the candidate, the system is entitled to cut the spot to the allotted time and to insert the required sponsorship identification.83 S14.13 Rates Rate regulation is a major feature of the political advertising rules. Rate regulation can be broken into two categories: comparable use " Bob White, 87 FCC2d 748 (1980). 7' Pon Huron Broadcasting Co, 12 FCC 1069 (1948). '0 See ~ls Gloria Sage, 63 FCC2d 148 (1977), "hgdemed. 78 FCC2d 135 (1979). '1 Farmers Educ & Coop Union v WOA Y. Inc. 360 l'S 525 (1959). 8:2 Primer Political Broadcasting & Cablecasling, 69 FCC2d 2209. 22'72 (1978). A'Sf,!. Cable Television Handbook and Forms Ira C. Stein Copyright 1985 <:l McGraw.HiI, Inc.