Kingston Area Public Access

Kingston Area Public Access Cable Channel

PO Box 3613

Kingston, NY 12402

POLICIES AND PROCEDURES

SECTION I: OVERVIEW

The Kingston Area Public Access Commission creates policy for our Public Access Station(s) within the open forum of the monthly Commission meetings. The Commissioners, who are representatives of the Towns and City of the franchised area, actively seek public input in this process.

Proposals for amendments to these Policies and Procedures must be submitted in writing to the Commission.

Producers must reside in the franchised area or serve the specific interests of the community and offer non-commercial, non-profit material on the cable channel(s) provided by the franchise agreement(s) currently in force between the municipalities and the Cable Company.

Use of studio facilities and equipment are available only to registered producers.

Limited commercial underwriting of programs is permitted solely for the purpose of offsetting the cost of production of the programs. The terms of any such underwriting must be in kind donations only and identified on the Producer Registration Application form for the program and approved by the Commission. Direct cash sponsorship is not permitted.  The producer is responsible for updating the Commission, in writing, 10 days in advance if any underwriting terms or information changes.  Each underwriter must also be identified in the credits at the beginning and end of each broadcast program.  See Section V below for more information.

Programs containing material considered by the FCC guidelines to be unsuitable for general audiences will be allocated to Safe Harbor time slots between 12:00 AM and 5:00 AM.

These policies will be made known to each producer during the application and registration process. Each successful applicant must sign the registration application form to indicate that he or she has read and accepts these policies.

A probation period of six months will be imposed on all new producers to ensure that these policies are being observed and implemented within their programs and that the program content is essentially as described in the PRA.
 

SECTION II: DEFINITIONS

Commission:               The Kingston Area Public Access Cable Commission (KAPACC).

Producer:                     A person registered by the Commission to produce and air programs.

                                    (Category L for live broadcasts, Category R for recorded material)

Franchise Area:           All municipalities served by the same Time Warner feed and having a congruent franchise agreement.

Time slot:                    A time period allocated by the Commission to a producer and  program.

Chaining:                     Broadcasting two programs, with the exact same format, by different producers, sequentially as one program on regular basis. 

Government Program: A recording of an official municipal government meeting.

Studio:                        The premises housing the recording and broadcast equipment provided by the KAPACC.

Safe Harbor:                The time slots between 12:00 AM and 5:00 AM. and allocated to programming that is unsuitable for children and requiring an adult content warning.

 

SECTION III: PRODUCER REQUIREMENTS AND INFORMATION

3.1 Producer Application Process

The following steps must be taken in order to become a producer and gain access to the studio facilities:

Applicants must obtain a Producer Registration Application (herein after known as the PRA) from the Commission. An application is required for each producer and each program.  Producers who require technical support must have each person must complete a Tech Support Application.  Tech support persons do not receive an access code.  Each producer is responsible for the actions of their technical support personnel. 

The commission will provide each applicant with a Policy and Procedures document. A thorough reading and understanding of the document is required.  The applicant must indicate in the PRA the general nature of the program, whether it is to be live or pre-recorded, the names of all program underwriters and a signed acceptance of the Commission’s Policies and Procedures.

The completed and signed copy of the PRA along with a copy of the applicants’ picture ID must be returned to the Commission at least two weeks before the monthly meeting at which the registration will be reviewed by the Commission.  Discussions concerning registration applications will be during the Commission workshop ½ hour prior to the monthly meeting. Each successful applicant will sign the PRA to indicate that he or she has read and accepts these policies.

Upon approval of the application by a majority of the Commission, the Producer will be assigned a training schedule appropriate to the level of facilities required for his or her Producer category.  A time slot, studio facility key and access code will be allocated by the Commission only when this training is completed and certified by a Commission certified trainer.

3.2 Program Time Slots

Program time slots are secured through the application process, described in Section III of this document, by individual producers and not institutions. 

Time slots are allocated at the discretion of the Commission on a first come first serve basis at the time of registration approval. The Commission reserves the right, at any time, to review programming, producer agreements and time slots and to make changes, as they see fit, with the goal of making the public access forum available to as many people in the producing community who have a desire to air programming in prime time. 

The use of unscheduled program timeslots is not allowed without prior approval by the KAPACC chairperson or vice-chairperson. 

Time slots will be allocated as follows:

Prime Time (6:00 PM to 10:00 PM, Monday to Friday)

Each Producer will be allocated one 28 minute slot per week for each program.

An exception to this is programming of official government meetings which will be allocated one 58 minute slot per registered program per week.  A producer may indicate on their PRA whether to have a weekly(once per week), monthly(once a month) or bi-monthly(twice a month).

Safe Harbor Time (12:00 AM to 5:00 AM)

Each Producer will be allocated one slot of 28 or 58 minutes, per week.

Non Prime Time
Each producer will be allocated one slot of 28 or 58 minutes, per week.

3.3 Producer Identification and Responsibilities

Producer Identification: The name and contact information of the Producer must be identified in a credit at the beginning and end of each program.

Producers are fully responsible for their program content, the security of the facilities, their access code and adherence to the letter and the spirit of the KAPACC Policies and Procedures.

 Viewer Discretion Notification: Producers of programs which are inappropriate for children are required to show them during Safe Harbor hours and to precede them with the following warning:

     "The following program contains material which may offensive to some viewers or inappropriate for viewing by children. Viewer discretion is advised. The content of this program is the sole responsibility of the producer".

Chaining, or the broadcast of consecutive time slots as one program, is not permitted during prime time hours.

All producers, associated staff and show participants must sign into the logbook indicating the date and time of the broadcast, whether the show was live or recorded, the name of the show, the name and phone number of the producer.  For insurance and fire code reasons, a studio audience is not permitted.

Copyrighted material is prohibited unless express permission has been granted by the holder of the copyright.  Producers are responsible for any and all copyrighted material aired on their program and any consequences due to copyright infringement.

No Person under the age of 18 will be given an access code to the KPA studios. Individuals who are under the age of 18 must be accompanied by an authorized adult for the duration of their stay.

3.4 Underwriting

Underwriting is NOT a substitute for commercials.  Underwriting credits provide a means for acknowledging a business or other granting entity for support of program production. Support is limited to an in kind donation of furnishings, props, set materials, etc.  It is mandatory to acknowledge such support.  Producers must provide all underwriting details to the Commission on the PRA and must initial item number 10 of Section II on the PRA indicating that they have read and will adhere to the guidelines listed below.  All producers must notify the Commission of any changes in underwriters 10 days prior to implementation of changes. 

A single credit per underwriter at the beginning and one credit at the end of the program is permitted.
Credits are limited to 15 seconds each.
Phone numbers or live action video are not permitted.
Logos and addresses are not permitted.
A maximum of three underwriters per program is allowed
Credits May NOT contain:
Statements which are qualitative in nature ("fine furniture, excellent workmanship").
Statements which are comparative in nature ("best restaurant, largest distributor").
Calls to action ("Call now for information", "See us today".).
Any use of the pronoun "you" which implies endorsement ("Your center for banking").
Statements or slogans which are commercial or promotional in nature ("We bring good things to life").

SECTION IV: VIOLATIONS

4.1 Complaint Process

The Commission must be notified in writing of any complaint against a producer. The complaint must include the name of the show, the date that the program in question was aired as well as the name and contact information of the person lodging the complaint.  If the Commission has evidence that a producer has violated the Bylaws, Policies or Procedures of the KPACC, it reserves the right to initiate disciplinary action against that producer.

4.2 Disciplinary Procedures

4.2a Cause for Immediate Suspension

After investigation and upon reasonable evidence of a Cause For Immediate Suspension, the Commission will convene a special public meeting in order to address the complaint.  At this meeting an order of suspension may be issued if the Commission has evidence leading it to believe that the studio and/or equipment are in danger of damage or other misuse; or if the complaint against the producer in question is about harming another person.  The Commission reserves the right to suspend first and ask questions at a hearing later. 

The producer will be sent a letter via registered mail, notifying them of their immediate suspension and their recourse for a hearing as outlined below in Section 4.2b.  Upon receipt of this letter the producer is barred from using or entering the studio for any reason.  For recourse of actions open to the producer see Section 4.2c below.

4.2b Major and Minor Violations

In the case of a Major or Minor Violation, the decision to issue a notification of complaint will be done by majority vote of the Commission at its monthly meeting. The notice of complaint to the producer will be sent by registered mail.  

The notice must state the nature of the alleged violation, a copy of the KAPACC Policies and Procedures referencing the alleged violation and outline the possible action that the Commission intends to take.  

4.2c Requesting a Hearing

A formal request for a hearing may be made by the producer to address the specified violation.  The producer has 10 days from the time of receipt of the complaint letter, to request a hearing in writing.  Unless a request is made in the specified time, any action outlined in the complaint letter will be enforced.

Upon receipt of a request for a hearing, a time will be scheduled at the next monthly meeting at which time the producer must appear and present his or her case.  Following this hearing the Commission will either confirm the suspension or re-instate the producer.  The producer will be notified of the Commission’s decision in writing.

If the action decided upon by the Commission is a suspension of producer privileges, all producer privileges will be revoked, including use of any access codes allocated to the producer for the period of the suspension.  If the violation was of a nature listed under Causes For Immediate Suspension, the producer will not be allowed access to the studio premises for the duration of the suspension including, but not limited to, appearing on any other producers program; as technical support for any program; for any reason whatsoever.

During the term of the suspension any access to the KPA studio premises will result in the addition of one month of suspension for each occurrence and a trespass violation complaint will be filed with the Kingston City Police Department.

4.3 Types of Violations
4.3a Causes for Immediate Suspension

1.  The individual is smoking; appears to be under the influence of drugs or alcohol; is consuming or allowing others to consume drugs or alcohol; is selling drugs or alcohol at the facility. 

2. The individual is exhibiting criminal behavior within the facility.

3.  The individual endangers, or appears to potentially endanger any person, the facility or equipment at the KAPACC Studio.

4.  Any willful acts of theft, vandalism, and/or injury or the perceived threat thereof.

 

4.3b Major Violations

 Committing a major violation may merit suspension of producer privileges as per the procedures in 4.2 above.

1.  Use of KAPACC studios, equipment and/or services for any purpose other than the production and transmission of a public access program without approval by the Commission.

2.  Deliberate disruption of a legitimate program or activity at the studio.

3.  Making false or misleading statements on any KAPACC document.

4.  Failure to give notice, on the PRA or otherwise, of programming that is indecent and/or would otherwise require an adult content warning.

5.  Airing of any programming which is prohibited under FCC regulations due to obscene content.

6.  Removal of KAPACC equipment from the studio without approval by the Commission.

7.  Use of equipment by unauthorized individuals.

8.  Disclosure of access codes to unauthorized individuals.

9.   Any of the circumstances leading to eviction from the studio as described above.

10.  Repeated and/or willful disregard of minor violation notifications and KAPACC Policies and Procedures.
1.3c Minor Violations

 Committing a minor violation merits written notification to the Producer of the alleged violation and a request for cooperation with the policies and procedures.  If the producer continues to be non-compliant, disciplinary action may be taken as per Section 4.2 above.

1. Not signing into the Logbook. This pertains to ALL producers.

2.  Unauthorized use of empty time slots. Use of empty time slots is at the discretion of the Commissioners only.

3.   Failure to follow required producer identification rules.  Failure to keep current information on producer registration application up to date.

4.   Neglect, misuse or abuse of KAPACC facilities or equipment, including unsafe or improper use of KAPACC equipment.

5.   Failure to return facilities to their original condition/place after use.

6.   Failure to report equipment failure.

7.    Disorderly conduct which disrupts the working environment of the facility for others.

8.   Harassment of volunteers, staff commissioners and other users be it face to face, by mail, telephone, fax, email, or other. Unwillingness to function in a co-operative fashion.

9.  Late return of equipment and return of equipment in distressed condition.

10. Drinking or eating in restricted areas of building or premises. Drinks only are permitted in the outer studio and on the table prop (on stage) during the recording or broadcasting of a program.

11. False representation by producer as a Cable Company employee or a Commissioner.

12. Attempted disassembly or repair of KAPACC equipment without consent of the Commission.

13. Failure to respect the authority of or to cooperate with the Commissioners.

14. Inclusion of material of a commercial nature included within a program. (See details of underwriting in Section V)

15. Any other violations of KAPACC building rules, other posted rules, posted facility limits, or producer responsibilities.

16. Inconsistent broadcasting in which a program has not been aired for 4 consecutive weeks, or less than 5 shows per 2-month period. (According to the Log Book or other reliable sources)