PORT TOWNSEND TV PUBLIC OPERATING RULES (PDF version)
Adopted July 2006
Welcome to PORT TOWNSEND TV. PORT TOWNSEND TV is a Public, Education & Government Access Television Station operating in the City of Port Townsend as well as many areas of Jefferson County including Chimacum, Irondale, Port Hadlock, Cape George, Adelma Beach and Port Ludlow. Viewership varies as competition between satellite, cable and other delivery systems continues.
PORT TOWNSEND TV has two Broadstripe channels—channel 97 and 98. These operating rules are for the Public component of PORT TOWNSEND TV broadcast exclusively on channel 97. Government and Education have their own operating rules and broadcast on channel 98.
The broadcast industry is regulated at the Federal, State and Local level. These operating rules are intended to guide and assist producers as they explore their creativity. These operating rules will evolve as PORT TOWNSEND TV evolves and gains experience serving the specific needs of our community within the context of the national environment. If you have any questions about the rules, policies or services PTTV offers please call us at 360-385-4880 or email to pttv@olympus.net.
How To Join PORT TOWNSEND TV
Prospective members should call the station at 360-385-4880 or make an appointment to speak personally with staff during office hours to discuss their production ideas. During this discussion the new member can figure out whether PORT TOWNSEND TV is a good fit with their proposed productions and determine which category of membership is appropriate. The staff can provide the appropriate membership forms. Once the forms are completed, payment must be made at the City Finance Department, 250 Madison Street, first floor (hours 8 a.m. – 4 p.m.). Forms are also available at the Finance Department, but the Finance staff cannot provide any information about PORT TOWNSEND TV membership.
Funding for PORT TOWNSEND TV
Funding for PORT TOWNSEND TV comes from three primary sources as well as from an in-kind contribution from the Port Townsend School District. The City contributes the full 5% of the Franchise Agreement with Millennium Digital Media to the operation and maintenance of the PEG Studio. Monthly payments of 47 cents per month from city cable subscribers provide capital acquisition funding. The third source of funding comes from the membership and training fees paid by producers using the studio. The School District provides studio space, utilities and custodial service.
Port Townsend TV is located on the Olympic Peninsula in Washington State. Formally, PTTV, it is evolving into a high quality of professionalism driven by its creative and committed producers. We would love you to join us!
PTTV PUBLIC OPERATING RULES (PDF version)
Adopted July 2006
Welcome to PORT TOWNSEND TV. PORT TOWNSEND TV is a Public, Education & Government Access Television Station operating in the City of Port Townsend as well as many areas of Jefferson County including Chimacum, Irondale, Port Hadlock, Cape George, Adelma Beach and Port Ludlow. Build-up is underway to connect Brinnon and Quilcene and is on target for completion in late 2006. Viewership varies as competition between satellite, cable and other delivery systems continues.
PORT TOWNSEND TV has two channels—channel 97 and 98. These operating rules are for the Public component of PTTV broadcast exclusively on channel 97. Government and Education have their own operating rules and broadcast on channel 98.
The broadcast industry is regulated at the Federal, State and Local level. These operating rules are intended to guide and assist producers as they explore their creativity. These operating rules will evolve as PTTV evolves and gains experience serving the specific needs of our community within the context of the national environment. If you have any questions about the rules, policies or services PTTV offers please call staff at 360-385-4880 or email to pttv@olympus.net.
How To Join PORT TOWNSEND TV
Prospective members should call the station at 360-385-4880 or make an appointment to speak personally with the station manager during office hours to discuss their production ideas. During this discussion the new member can figure out whether PORT TOWNSEND TV is a good fit with their proposed productions and determine which category of membership is appropriate. The Station Manager can provide the appropriate membership forms. Once the forms are completed, payment must be made at the City Finance Department, 250 Madison Street, first floor (hours 8 a.m. – 4 p.m.). Forms are also available at the Finance Department, but the Finance staff cannot provide any information about PORT TOWNSEND TV membership.
Funding for PORT TOWNSEND TV
Funding for PORT TOWNSEND TV comes from three primary sources as well as from an in-kind contribution from the Port Townsend School District. The City contributes the full 5% of the Franchise Agreement with Millennium Digital Media to the operation and maintenance of the PEG Studio. Monthly payments of 47 cents per month from city cable subscribers provide capital acquisition funding. The third source of funding comes from the membership and training fees paid by producers using the studio. The School District provides studio space, utilities and custodial service.
PEG Coordinating Committee
The Port Townsend City Council and the Port Townsend School District created the PEG Coordinating Committee, through the mechanism of an Interlocal Agreement. The stated purpose of the Coordinating Committee is to set administrative procedures and advise Council and the Port Townsend School Board on policy matters related to use of the PEG studio. Day to day operations are handled by the PEG Station Manager. The authority and responsibilities of the PEG Coordinating Committee are set forth in the Interlocal Agreement between the City of Port Townsend and the Port Townsend School District.
Location of Facility
PORT TOWNSEND TV’s office and studio are located at the Gael Stuart Building, 1610 Blaine Street, Port Townsend WA. 98368. The telephone number is (360) 385-4880; FAX (360) 385-4872 and email address PTTV@olympus.net. PORT TOWNSEND TV’s website can be viewed at www.cityofpt.us.
PORT TOWNSEND TV studio hours are dependent on production and programming needs and staff availability. Currently PORT TOWNSEND TV is open to Public members Monday-Wednesday from 10 am-6 pm. Please call the station for more information or to schedule an appointment.
PEG Access Defined
PORT TOWNSEND TV supports three entities in a community television partnership--Public, Education and Government, also known as PEG Access. Government and Education users have a separate set of operating rules and broadcast separately from Public programming on channel 98.
Volunteers
PORT TOWNSEND TV has a small paid staff so volunteers are very important. Volunteers assist in administrative functions, create slides for the community bulletin board or help with government and education productions after receiving certification on the appropriate equipment. Volunteers are covered by State Labor & Industry insurance when working for PORT TOWNSEND TV. All volunteers are required to sign the City of Port Townsend Volunteer Form and submit monthly hours to the Station Manager.
Volunteers do not need to be members of PORT TOWNSEND TV in order to volunteer for non-production work. Volunteers who operate production equipment are required to take the training classes and pay the fees associated with operating that equipment.
Work Exchange
A limited amount of work exchange scholarships are available each year for members trained on the equipment and who demonstrate skills needed by the station. Work exchange members may assist in field and studio productions for the City of Port Townsend and the Port Townsend School District. Individual producers can work their membership renewal fee back to $120. Organization producers can work theirs back to $300. Work exchange labor is measured at the rate of $6 an hour. Producers should speak with the station prior to registering for work exchange.
Work exchange members must sign a contract with the City identifying the amount of hours they will provide in exchange for reduction in membership fees. A time frame for completing these hours will accompany the contract.
Background Check
In compliance with state law all PORT TOWNSEND TV volunteers or producers who may come into unsupervised contact with children under the age of 16 or with developmentally disabled person must first submit to a Washington State Patrol and/or an FBI background check. The background check will be for conviction of crimes against children or other persons, exploitation of a vulnerable adult, adjudication of child abuse in a civil action, the issuance of a specified protection order, certain disciplinary board findings and subsequent criminal charges. All results are confidential and will not be made available, unless requested by the volunteer, to any agency or persons. Person requiring background checks will pay any costs associated with the check.
Public Access Philosophy
Membership in PORT TOWNSEND TV is a privilege not a right. We at PORT TOWNSEND TV believe that community television offers an important conduit for information exchange between citizens, public agencies and government. Opportunity for membership and associated training on equipment is available to all Jefferson County citizens on a nondiscriminatory, first-come, first-served basis. All members of PORT TOWNSEND TV are expected to work together to bring professional, creative programs to the viewing community while respecting station policy.
Congress recognized the importance of access television in the Cable Communications Acts of 1984 and 1992 and the Telecommunications Act of 1996. Congress called PEG access “the video equivalent of the speaker’s soapbox” and “the electronic parallel to the printed leaflet.”
Fair Use Doctrine
The Fair Use Doctrine, particularly as it applies to copyright law, is used as a test, or a set of guidelines, to determine whether there is a possible violation or infringement of copyright. The Fair Use Doctrine offers no assurances that copyright holders will not sue those that set and follow a policy dictated by Fair Use. Ultimately, Fair Use is not a set of laws that offer protection from prosecution, but a resource for defense against lawsuits. The following criteria are generally accepted for establishing whether or not material may be reproduced under the Fair Use Doctrine without permission:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work; and
4. the effect of the use upon the potential market for or value of the copyrighted work."
In that PTTV is a non-commercial PEG station operating with public monies on public property, we have adopted the following policy for shows that are educational in nature and that have or will have no commercial life:
1. Graphic rolls may be accompanied by up to but no more than 60 seconds of music.
2. Any material, including but not limited to text, photography, video, film, or audio shown in a program that airs on PTTV can represent no more than 10-% of the segment in which it is shown. This includes opening and closing credit rolls.
3. In any given 30 minute program Fair Use material may represent no more than 3 minutes.
4. Fair Use material may never be used to support any program that solicits funds or in anyway associates a product or service or business with the Fair Use material.
Public Domain
A public domain work is a creative work that is not protected by copyright and may be freely used by everyone. The reasons that the work is not protected include:
(1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government. With the exception of work created and published after 1978, all work published before 1926, or seventy years prior to the current date, is in Public Domain. Please ask staff if you have questions regarding Public Domain and proposed programming.
Membership Criteria
Anyone residing in Jefferson County is eligible for membership in PORT TOWNSEND TV. Anyone with a place of business located in Jefferson County is eligible for membership in PORT TOWNSEND TV. Individuals or organizations that don’t meet membership requirements may only join PORT TOWNSEND TV if sponsored by an annual member. Sponsored members are subject to the same membership and training fees as other members. (Please see Sponsored Memberships on page 15).
Members are expected to produce their own work and not produce the work of non-members. Non-members are welcome to appear as guests on shows. If an individual appears frequently on PORT TOWNSEND TV without becoming a member the Station Manager has discretion to require the individual or organization to become a member before further appearances.
Nondiscrimination
No person will be denied membership or membership privileges on the basis of race, sex, religion, political affiliation, age, creed, national origin or ancestry, previous legal status, sexual orientation or mental or physical handicap.
PROGRAMMING POLICIES
A signed Program Contract must accompany programs submitted for scheduling. Minors must have an adult co-signer. All programs must comply with FCC rules regulating cablecasting.
Prohibited Programs
Programs may not contain the following material:
1. Any material that solicits payment for a commercial product, service or lottery;
2 Any copyrighted material—meaning material (including but not limited to music, text, photography, video, film, video games, narration or other material not in the possession of the producer) not accompanied by a release form signed by the creator of the material or an authorized designee EXCEPT material deemed acceptable under policies outlined under Fair Use on page 4 in these operating rules.
3. Material that is libelous, slanderous or defamatory of character; any material constituting “fighting words” as determined by prevailing legal standards; any material inciting riot or calling for violence; or material that is an unlawful invasion of privacy;
4. Any obscene programming. Obscene programming is not protected speech and therefore cannot air on PTTV. Obscene programming is defined as “videotaped material or material cablecast live” that:
1. The average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest* (Normal healthy interest in sex is not a “prurient interest.” See State v. Holt, ∞6 Wn. App. 99 (1989); and explicitly depicts or describes patently offensive representations or descriptions of
i. Ultimate sexual acts, normal or perverted, actual or simulated; or
ii. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or the genital areas; or
iii. Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape, or torture; or Considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value** (*This definition is drawn from the U.S. Supreme Court’s definition of obscenity under Miller v. State of California, 413 S. Ct. 1, 23 (1973) and its progeny and the state statutory definition of “lewd” or “obscene” matter found at RCW 7.48A. 010(A). and
iv. Any program contingency material prohibited by the federal Communication Commission (FCC)
5. Any material which is intended to defraud the viewer or designed to obtain money by false or fraudulent pretenses, representations, or promises;
6. Any program or activity that is illegal. The illegality shall be determined by local, state, and federal law as well as by the FCC regulations; and
7. All information concerning any lottery, gift, enterprise, or similar scheme which offers prizes dependent, in whole or in part, upon lot or chance, or any list of the prizes drawn or awarded by any means of any such lottery, gift, enterprise, or scheme, whether said list contains any part of all such prizes.
Producers who use PORT TOWNSEND TV equipment or producers and/or sponsoring members are responsible, and assume all liability for, program content. The party signing the Program Contract will be required to warrant that the program contains none of the above prohibited material, and any producer, sponsor or member who uses the channel for any of the above prohibited purposes will be required to indemnify the City for any expenses incurred as a result of such activity and to hold the city harmless for any subsequent liability.
Use of the equipment, facilities or channel for any of these prohibited purposes will result in the suspension or revocation of PEG Access membership, without refund of any fees paid by the member. Additionally, at any time during the airing of the programming, where the contract violates the programming policies, PORT TOWNSEND TV staff may immediately discontinue the programming.
Commercial Programming
Commercial Programming Defined
Any business use of the studio or channel involving a direct call to purchase or solicit funding for a product, service, brand name or trademark is inconsistent with the mission and purpose of PTTV and is prohibited. The following programming is prohibited on PTTV:
1. Display or mention of the price of a product or service;
2. Phone number or direct link to a retail or wholesale site for the sole purpose of selling a product or service to the caller or visitor to the site.
3. Review or comparison of a product or service that promotes one over the other
4. Unfavorable comparison of one product or service to another.
Programs containing either verbal or textural referrals, telephone numbers or websites “for more information ”are permitted providing they do not send or link viewers directly to a location whose sole purpose is to sell a product, service, brand name or trademark. Calls “for more information” may direct a viewer to a general information desk or operator of a business or service where they are then routed to the appropriate contact.
PTTV programs may be used to support grant applications and employment applications. Programs shot with PTTV equipment or aired on either channel 97 or 98 may also be used for fund raising purposes by registered non-profits.
Domain 2 Membership
Within the context of these commercial prohibitions, PORT TOWNSEND TV has created a new category of membership intended to provide a resource for the economic development of Port Townsend and Jefferson County.
Domain 2 is established to promote the local business and service community within the guidelines set forth in our operating rules. Community television and the business community is a natural partnership with potential great benefits for both partners. Programs produced in Domain 2 will air on the Public channel 97. A list of possible programs might include videos to attract visitors and tourists to Port Townsend and Jefferson County, videos to raise awareness of local retail opportunities, videos documenting a product or service without selling it and videos whose purpose is to inform potential residents about local amenities. These videos may be aired on the channel, given or sold or distributed to bed and breakfasts, hotels, motels, Chamber of Commerce and tourist information centers both within and outside of Jefferson County. PTTV will receive 20% of gross sale price for any videos that are sold.
For the purpose of Domain 2, organizations are incorporated or licensed entities representing themselves. Umbrella organizations are organizations within which a number of other organizations exist such as Chamber of Commerce. Please see the Public Fee Schedule for more information about cost and privileges of this membership category
Review Programs
Programs whose sole intent is to review a product, service, movie, book, play, musical presentation or any other presentation for educational, scientific or artistic purposes are permissible as long as there are no direct commercial intentions behind the review. Producers must clearly demonstrate that they receive no remuneration from the originator of the material they are reviewing. Programs where the producer is under written or oral contract to only endorse or proscribe the presented material do not qualify for review show status. Copyright release forms are required for any material not in the possession of the producer except for those instances where the material is in the public domain, where the material is gathered under implied consent (shots of crowds at an event where clearly placed signs announce the event will be taped, or where the material is on screen for less than sixty seconds and represents less than 10% of the entire production.
Right to Refuse Commercial Programming
PTTV reserves the right to refuse to cablecast any program believed to have a commercial purpose as defined by these operating rules. Use of the equipment, facilities, or the channel for commercial purposes may also result in the suspension and/or revocation of Access privileges.
Income Generating Programs
In certain instances, such as those outlined in Domain 2 above, a program produced with PTTV equipment may generate income for a producer. For example, a program entered into a contest may win a monetary prize. Programs shot with the sole intent to air on the channel may develop a secondary commercial life. For example, a program on fire safety may later be purchased by local or non-local fire prevention agencies. Members agree to pay a retroactive fee amounting to 20% of the gross sale amount for any income generating production. (See Equipment Use Fees)
PORT TOWNSEND TV Logo and Name
PTTV’s name and logo are copyright protected and can not be used in any way by any one, including members, without prior written consent from PORT TOWNSEND TV No member or volunteer may represent himself/herself as an employee or official representative of PORT TOWNSEND TV.
Fund Raising
PTTV reserves the right to hold and/or sponsor fund raising events with the purpose of raising revenue to support Public programming on the channel. No members are allowed to hold or sponsor fund raising event for this purpose. Non-profits may use the channel to solicit donations for clearly specified applications. Individuals and for–profit organizations are not allowed to use the channel to solicit funds for themselves.
Individual or Organizations members may ask others entities for sponsorship to help pay their membership fees. Programs that appear because a non-member donor has entirely or in part subsidized them are allowed to identify that donor and thank them on air.
Political Programming
Candidates may not use channel time for direct campaign fund-raising purposes. Calls for donations to a candidate’s campaign are prohibited. Websites and contact information may be given as long as it does not directly connect the caller to a site requesting donations.
All candidates requesting airtime on PORT TOWNSEND TV must be members of PORT TOWNSEND TV. Membership can be individual or organizational. A candidate need not be a member of PTTV to appear as a guest on a member’s program.
Every effort will be made by PORT TOWNSEND TV to give candidate’s equal opportunity for access to PORT TOWNSEND TV subject to the same operating rules and prohibitions governing all annual members. Candidate shows, sponsored candidate shows or shows in which candidates appear as guest are considered Public shows and will air on channel 97.
PORT TOWNSEND TV will not be responsible for notifying candidates when their opponent has appeared on a show. Any person may review the program schedule available on the City website at www.cityofpt.us or call or write or email the station and ask when a candidate has appeared on the channel. PTTV is not responsible for the accuracy of statements made by any Public member on their program. PTTV is not responsible for the accuracy of statements made by candidates or other person regarding anyone running for Public office.
Upon request a candidate must furnish proof that he or she is a legally qualified candidate for public office. A “legally qualified” candidate is one who has duly registered his/her candidacy with the applicable state or local auditor or other election agencies.
Any current PORT TOWNSEND TV member in good standing may produced programs which include appearances by political candidates without limitation as to number of times a candidate may appear on the program. “Candidate” refers to the candidate and his/her registered campaign organization.
Candidate Forums
Throughout the election season, candidate forums and debates are periodically held. Those forums are covered by PTTV at the request of City Council and appear unedited on channel 98.
Religious Programming
The first amendment prohibits government from creating laws or regulations respecting an establishment of religion or prohibiting the free exercise of religion. PORT TOWNSEND TV does not promote nor does it sponsor a religious belief over another nor does it place limitations by policy or practice on any bona fide religious programming.
Religious groups will be treated as any other public access user, subject to the same compliance with these operating rules. Religious groups will be required to become annual members and must be certified on all equipment prior to access.
Sponsored Programming
Non-local programs will be cablecast only as part of an exchange with other community television centers or if an individual or organizational member, of PORT TOWNSEND TV, sponsors it. Local sponsors of such programs will be responsible for obtaining clearance to cablecast the program. Sponsoring members are responsible for previewing all tapes prior to airing on PORT TOWNSEND TV. All sponsored individuals or organizations must pay membership fees and appropriate training fees before their program airs.
Community Television Exchange Programs
PORT TOWNSEND TV exists within a network of national and state community television centers Programs are often exchanged between stations to promote and strengthen this network. Communities benefit from the fresh perspectives and different ways of creating productions other stations may offer. All programs accepted by PORT TOWNSEND TV from other stations must be pre-screened and in compliance with PORT TOWNSEND TV operating rules. The station manager will make decisions regarding the appropriate nature of submitted programs. As long as the exchange is mutual, and PORT TOWNSEND TV members are able to submit programs to the other station, there is no charge.
In some instances individual producers from other community television stations may wish to access PORT TOWNSEND TV equipment and the studio. To do so they must first become sponsored members and pay the associated fees for this category of membership. Or, they may request to rent the studio under conditions outlined on page 16 Studio Rental.
For a complete list of national and state community television stations contact the Alliance for Community Media in Washington D.C. at alliancecm.org. PTTV has been a member of the Alliance since 1998.
Copyright Assignment
Programs aired on PORT TOWNSEND TV, unless other arrangements are made, remain under the exclusive copyright of the producer. PORT TOWNSEND TV and the City of Port Townsend and the Port Townsend School District undertake no responsibility to the member, the viewer, the author or any persons for any legal liabilities regarding copyright infringements arising as a consequence of the program or the cablecasting of the program.
It is understood that the responsibility for obtaining copyright permission or release for the use of any copyrighted information or material lies exclusively with each member, not with PORT TOWNSEND TV. PORT TOWNSEND TV requires a written release, signed by an authorized representative, with every program where there is a question of copyright, except where the member demonstrates that the information or material in question complies with either Fair Use, is in the public domain, or comes under the criteria set forth in Review Programs. Email releases are acceptable if encoded with the proper protocols for authorization. Fax releases are acceptable as long as they are signed and dated by the company authorizing the release. Final decisions regarding whether a release is required are made by the studio manager and may be appealed to the PEG Coordinating Committee.
Becoming An Annual Member
Membership in PORT TOWNSEND TV is available to any resident of Jefferson County or persons whose place of business is located in Jefferson County. To join PORT TOWNSEND TV please go to the City of Port Townsend Finance Department on the first floor, Waterman Katz Building, 181 Quincy St. Membership forms are available there as well as copies of the operating rules. All fees must be paid in advance of access to the channel or equipment. Copies of forms are also available at the City Clerk’s office and at the PTTV studio located at the Port Townsend High School at 1610 Blaine St. For inquiries about membership call either PTTV at 360-385-4880 or contact the city website at www.cityofpt.us.
What Membership Fees Buy
Annual membership fees give members immediate access to the channel to air any footage that is in compliance with these operating rules. It also allows members to take training classes on the equipment after which they may use the gear on a first come/first served basis. There is no rental fee for using the studio, the edit suites or the field equipment. There is no additional fee for broadcasting programs other than the cost of signal enhancement, if necessary. The station manager will alert any member if signal quality is a problem. Members can at that time choose to withdraw the program or pay for the cost of enhancement.
Because of rising costs, PORT TOWNSEND TV will no longer provide members with one free VHS tape. All members must bring their own media to the studio for mastering and any additional media needed for copies. Tapes or other media such as DVD provided by members must meet industry standards and carry the appropriate logo for their format. Membership is good for one year from the day payment is received.
Channel Use
Currently PORT TOWNSEND TV has two channels offered to cable subscribers with Millennium Digital Media. Public programs air on channel 97 and Education and Government programs air on channel 98. The City of Port Townsend and the Port Townsend School District has priority access to both channels for emergency broadcasts. The City of Port Townsend also has priority access to the channel when it feels coverage of a meeting or community event is of sufficient importance to take precedent over regularly scheduled show.
Under certain circumstances, such as emergencies, program backlog, power or equipment failure or unavailability of staff, scheduled programs may be re-scheduled or canceled by decision of the studio manager. All programs times are allocated to the Public on a first-come/first-served basis according to the following priorities:
1. Locally produced programs
2. Sponsored programs
3. Exchanges with other PEG stations
4. Satellite downlinks
Use of Station by Minors
Persons under the age of 18 (“minors”) may use the channel, equipment and facilities providing a parent or guardian assumes written legal and financial responsibility for their use. No minor may use the equipment or facilities unless supervised by an adult member. No minor may sign a production agreement, a program contract, an equipment check-out form or any other PORT TOWNSEND TV whereby the signer agrees to “hold harmless” PTTV. Any form signed by an underage person is invalid and the parent or guardian of such an underage person will be liable for any damages incurred as a result of an improper signature and will indemnify the City of Port Townsend for any expenses incurred as a result.
Shared Use of the Studio
The Port Townsend School District has first priority use of the PORT TOWNSEND TV studio when school is actively in session. Exceptions include emergency broadcasting and any Public use during school hours approved by the station manager and the high school video instructor or other School District representative. The Public has open access to the channel under the conditions set forth in these operating rules.
In-Studio Shows
Shows produced in the studio may be live and/or taped. It is the members’ choice and responsibility to let the station manager know their preference in advance of the taping. All participants in programs produced in the studio, other than guests, set designers, make-up artists or other production consultants, must be members of PTTV. Non-member guest hosts are allowed as long as it is not their program they are hosting. Guest host who promote their own point of view must become members in PTTV.
Guests
An important part of PORT TOWNSEND TV’s annual revenue comes from membership fees. We are grateful for the support provided by our paying membership. For this reason, as well as for reasons of fairness, guests may appear on a PORT TOWNSEND TV show twice in one year after which they will be asked to join PTTV if they wish to appear again.
ANNUAL MEMBERSHIP
Categories of Membership
There are currently three categories of Public membership in PORT TOWNSEND TV. They are Individual, Organizational and Community Bulletin Board.
Individual: Individual membership is for a person and/or their immediate family acting by and for themselves and not as a representative or affiliate of a group. Immediate family is defined as married or domestic partners and any children living in the same household.
Organization: Organizational membership is for incorporated for-profit or non-profit groups. All members of the organization are by definition members of PORT TOWNSEND TV and may access the equipment and studio after paying for and receiving the appropriate training. One person will represent the group to PORT TOWNSEND TV. This person will be the only person to communicate with PORT TOWNSEND TV staff to arrange scheduling, programming, trainings and other activities for the organization. Organizations may only produce programs related to their organization. Individuals within the organization that want to produce programs unrelated to the organization are welcomed to become Individual members in PTTV (see above).
Sponsored Membership
PORT TOWNSEND TV is first a resource for Jefferson County and the City of Port Townsend. Our mission statement is to create community through communication and our goal is to serve the local community by acting as a conduit for information sharing between neighbors. We encourage citizens to enthusiastically participate in PORT TOWNSEND TV. Local members have first priority access to the channel and pay a smaller annual fee.
However, PORT TOWNSEND TV does accept applications for sponsorship from individuals and organizations that live outside of the community. Sponsored members may submit tapes or DVDs through the mail or through their local sponsor. All members of PORT TOWNSEND TV may sponsor programs from out of the PORT TOWNSEND TV subscriber area after first speaking with the station manager. Sponsored members must fill out a program contract prior to airing their show. Sponsored members are subject to the conditions set forth in these operating rules.
Annual Fees
Please see the separate rate card that explains all fees associated with Public membership in PORT TOWNSEND TV.
Pre-produced Programs
Pre-produced programs are not produced in the PORT TOWNSEND TV studio. Members trained on the appropriate equipment may produce them in the field. Or, they may be produced elsewhere. In any case they arrive at the station ready to air and place very little load on staff. Pre-produced shows are often used to fill open spaces in the schedule. For this reason, members in the appropriate categories may be invited to air more pre-produced shows than their membership allows.
County Members
PORT TOWNSEND TV is currently supported only by City of Port Townsend money and Port Townsend School District in-kind donation that provides the PORT TOWNSEND TV facility. All franchise fee monies come from the City of Port Townsend. All capital acquisition monies come from a subscriber fee of $.47 per month charged only to City cable subscribers. Therefore, with the exception of the Community Bulletin Board, all Jefferson County residents who wish to become Public members in PORT TOWNSEND TV will be charged a surcharge of $40.
Rental of the Studio
In some cases PORT TOWNSEND TV may rent the studio out to members or non-members. Examples of possible rental situations include the use of the studio by a member wanting more shows than allowed under their membership category. A production company from out of town may wish to use the studio or edit suite. A College or University may wish to use the studio as a laboratory or classroom. Members from another PEG station may wish to produce a show with local content.
Individuals or Organizations wishing to rent the studio will need to pay training fees before access to the equipment, hire trained crew from PORT TOWNSEND TV’s membership or demonstrate an acceptable level of expertise on the equipment. All fees paid to PTTV members are subject to the Equipment Use Fee. (See page 16.)
Third Party Producers
Third party producers are annual members paid by another annual member to work on a production intended to air on the channel. Third party producers may use the studio and equipment but PORT TOWNSEND TV will receive in payment 20% of the amount they receive for their work. In addition, equipment use fees will be charged retroactively for any production shot or edited on PTTV equipment that generates income for the producer and/or the third party producer. A copy of the third party contract must be filed with PTTV before access to the equipment or studio.
Equipment Use Fees
In the event that a production created using PORT TOWNSEND TV equipment is sold, PORT TOWNSEND TV will be paid 20% of the gross sale price of the video. If copies of the video are sold, PORT TOWNSEND TV will receive 20% of all gross sales receipts. This money will help with the high cost of equipment maintenance and replacement. Members are asked to file reports quarterly with attached equipment use fees to the City Finance Department.
Enhancement Fees
Community televisions stations across the country are being asked to upgrade their look to a more professional standard in order to compete with big budget network television. The advent of relatively inexpensive technical tools makes this possible. PORT TOWNSEND TV, as it evolves, will give its viewers the highest quality video and audio signal we can provide. As we add monitoring equipment we will ask PORT TOWNSEND TV members to produce programming that meets these professional standards. Programs that have insufficient lighting, have poor quality audio or suffer from other production problems will not be broadcast.
Members may decide to attempt to correct these problems through video and audio enhancement tools available at the studio. If the member is trained on the particular equipment used in signal improvement then no fee is required. If PORT TOWNSEND TV staff provides the signal improvement then there will be an additional cost of $50 per hour of labor per production.
These problems arise when members choose to use older, consumer equipment on their productions. All PORT TOWNSEND TV provided equipment is of sufficient quality that signal improvement should not be required. Check with the station manager to find out if the equipment you own is acceptable.
No programs will be rejected on the basis of content that is legal and in keeping with these operating rules. Programs will only be rejected if they do not meet NTSC signal quality standards as measured by monitoring equipment or by generally accepted industry standards.
Community Bulletin Board Fees
PORT TOWNSEND TV offers organizations and individuals the opportunity to place announcements and advertisements on the Community Bulletin Board. The Community Bulletin Board runs between regularly scheduled programs over Public Radio Station KSER. It is an excellent way for members to communicate with over 4,000 households in Jefferson County. The Community Bulletin Board has its own set of operating rules and fees. Please ask for them.
Programming
First Viewing
Any program produced with PORT TOWNSEND TV equipment or in the PORT TOWNSEND TV studio must be cablecast on PTTV prior to, or concurrent with, presentation on another television station any other form of distribution.
Program Cancellation
Producers may cancel a program at any time for any reason. It is asked that producers give as much advance notification of a cancellation as possible so that other producers may be use the vacated time slot.
Promotional Use/Copyright Assignment
Members retain the copyright to all programs they produce. It is the sole responsibility of each member to make sure their program is in compliance with these operating rules and all other Federal, State and local statutes. However, it is agreed and understood that by signing the Program Contract, programs produced wholly or in part with PORT TOWNSEND TV equipment or in the PORT TOWNSEND TV studio or that air on the channel (s) may be used by PORT TOWNSEND TV for promotional purposes.
Program Classification
Prime Time
For PORT TOWNSEND TV purposes, prime time is defined as that period between 5 pm and 11 pm each day of the week. All members are guaranteed at least one prime time airing of their production and more if the schedule permits.
Program Length
PORT TOWNSEND TV cannot air programs shorter than 15 minutes in length or longer than 160 minutes in length. Shorter programs may be looped in order to meet minimum length requirements. All programs intended to air on PORT TOWNSEND TV must be submitted on a single tape or DVD. Multiple tapes or DVDs may be submitted for multiple time slots but not for a single time slot. Exceptions may be made with approval of the station manager.
Cueing Tapes/Pre-Roll
All tapes presented for airing on the channel must be properly cued to the beginning of the tape. PORT TOWNSEND TV will not rewind tapes or cue them to begin somewhere in the middle. Tapes with more than one show on them, if properly cued to the beginning of the second show, are acceptable but once aired will not be re-cued. Please indicate on the label of each tape how many seconds of black, if any, there is before the actual program starts. PORT TOWNSEND TV can pre-roll up to 90 seconds of black.
Safe Harbor—11 pm—6 am
PTTV supports all forms of legal expression on cable television. FCC regulations as well as Federal, State and local laws define the programs allowed on PORT TOWNSEND TV. Some programs, while constitutionally protected, may be unsuitable for children or sensitive viewers. The Supreme Court has given stations the right to control, without censoring, potentially offensive programs through the mechanism of appropriate time, place, and manner restrictions. Programs that are considered potentially indecent, present adult situations or language or may be offensive to some viewers will be placed in the Safe Harbor.
When members fill out a Program contract they will be asked to identify whether their program belongs in the Safe Harbor. PTTV does not screen members’ tapes prior to airing. It is understood and contractually affirmed by the Program Contract that PTTV, the City of Port Townsend and the Port Townsend School District will not be responsible and will be held harmless for any problems arising from improper identification of the Safe Harbor category. If you have any questions about your program please speak to the Station Manager in advance of airing it.
Programs for General/Family Viewing
This category is for programs that may be aired any time of day or night. They contain no objectionable material as defined under “Prohibited Programs” on page 6. These programs may be challenging, ask difficult questions, explore controversial themes but may not violate policies regarding prohibited program. Almost all of PORT TOWNSEND TV’s programs fall under this category.
Potentially Offensive Programs
These programs offer constitutionally protected speech that may be unsuitable for children or sensitive viewers. Guidelines are provided on page 6 under Prohibited Programs. A few examples of potentially offensive programming are: adult situations, excessive profane language, nudity, excessive violence, sexual situations or graphic depictions of surgical procedures. It is ultimately the choice of the Station Manager whether or not to air a program in the Safe Harbor. Programs that are illegal, as defined by the U. S. Supreme Court, will not be aired and members who present illegal programming for airing may have their membership suspended or revoked with no reimbursement of fees paid.
Violations and Sanctions
House Rules/Code of Conduct
1. No smoking anywhere on the PTHS Campus including the parking lots.
2. No food or drink in the control room or edit suites other than bottled water.
3. No glass containers in the studio without prior permission.
4. Staff authorization is required for use of the PORT TOWNSEND TV telephone or data lines.
5. No firearms on the premise with the exception of Police and Sheriff’s Department officers.
6. No knives, swords or other weapons are allowed on the premise
7. No alcohol or illegal drugs on the premise.
8. No equipment maintenance or disassembly unless authorized by staff.
9. No disruptive, threatening or disorderly conduct.
10. No interfacing of producer equipment and PORT TOWNSEND TV equipment without prior staff permission.
11. All Public, Education & Government producers are expected to pick up and put away equipment used on their program and leave the studio clean. Enough time for this should be scheduled.
12. Non-members are allowed in the studio as audience if the station manager gives permission.
Right to Refuse Service
PTTV staff reserves the right to refuse service to any person whose actions hinder the activities of producers or staff or violate any of the rules of conduct or these operating rules. People who are deemed to be under the influence of alcohol or drugs will be asked to leave the facility and the Port Townsend High School Campus. Persons refusing to leave when asked will be reported to the police.
Violation of Operating Rules
Violation of PTTV policies as defined by these operating rules or as explained by PORT TOWNSEND TV staff may result temporary suspension of access privileges, temporary suspension of PTTV membership, temporary suspension of PORT TOWNSEND TV membership with full, partial or no refund of fees paid or revocation of PORT TOWNSEND TV membership with no refund of fees paid. Training fees will not be refunded under any condition.
Grievance and Appeals Procedures
Resolution of disputes regarding any decision made by PORT TOWNSEND TV shall be resolved by the PEG Coordinating Committee at its regularly scheduled meetings, provided that the reason for the appeal and the remedy requested first be identified in writing and submitted to the Committee within 7 day before the meeting.
Any appeal of the Committee’s decision must be filed within 5 days from the date the decision was rendered. A written brief will be given the appellate no more than three days after the final decision. The brief will contain a summary of the original charges and remedies as well as the reasons for the final decision. The Committee will call a meeting as soon as possible after the final decision is reached where an oral judgment will be given to the appellate. Decisions of the Coordinating Committee may not be re-appealed.
Disagreements with the findings of the Coordinating Committee may be appealed to the Port Townsend City Council within 5 days after the final decision is given orally. Any such appeal must be filed with the City Clerk, must be in writing, must be signed and must be accompanied by a filing fee of $60.
Port Townsend TV is located on the Olympic Peninsula in Washington State. Formally, PTTV, it is evolving into a high quality of professionalism driven by its creative and committed producers. We would love you to join us!