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HomeMy WebLinkAboutReso 2007-1113 RESOLUTION NO. 2007-lll.3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SIB TV PROGRAMMING AND GENERAL POLICY GUIDELINES FOR THE CITY'S GOVERNMENT ACCESS CHANNEL, SIB TELEVISION, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach operates and administers SIB Television according to the rules governing Public, Educational or Government Access Channels; and WHEREAS, a committee consisting of City Manager A, John Szerlag, City Attorney Hans Ottinot, Information Technology Director Derrick Arias and Administrative Serviees Director Alyce Hanson, developed guidelines using existing policy guidelines from several other municipalities; and WHEREAS, by adopting the SIB TV Programming and General Policy Guidelines, it will provide the framework for management and staff to operate by, when programming content for the City's government access channel, SIB Television, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section ), Approval of the SIB TV Programming and General Policy Guidelines, The City Commission hereby approves the SIB TV Programming and General Policy Guidelines for the City's government access channel, SIB Television, attached hereto as Exhibit "A", Section 2, Authorization of City Manager, The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution, Section 3, Effective Date, This Resolution will become effective upon adoption, PASSED and ADOPTED this 21 st day of June 2007, an S, Edelcup, Mayor Approving SIll TV Programming & Gen, Policy (; ATTEST: ~~,:A~ ,Jane A, Hines, CMC, City Clerk VOTE: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Approving SIB TV Programming & Gen, Policy Moved by: Co~ I.GL..~SJ'l'l~ (lhm~ fSRf. '2..1 rV Second by: V (Yes)_(No) V(Yes)_(No) ~(Yes)_(No) V(Yes)_(No) ~(Yes)_(No) 2 Of SU" SIB TV Rrogramming & General Policy Guidelines Government Cable Channel 77 City of Sunny Isles Beach, Florida Administrative Services and Information Technology Departments May 17, 2007 Exhibit "A" --____._1 CONTENTS I. Government Access Cable Television Policy I. A. Objectives I. B. Programming Policy I. C. Prohibited Programming 3 3 3 4 II. General Policy II. A. Channel II. B, Modes of Cablecast II. C. Access Policy II. D. Editing Policy II. E, Endorsements II. F, Sponsor Acknowledgments II. G. Promotions II. H, Use of Government Cable Channel 77 Equipment II, I. Hours of Operations II, 1. Retention of Tapes II. K, Duplication of Programming 4 4 4 4 6 7 7 8 8 8 9 9 SIB TV Programming & General Policy Guidelines City of Sunny Isles Beoch, Florido - 2- I. GOVERNMENT ACCESS CABLE TELEVISION POLICY The Government Cable Channel is a Governmental Access Channel as provided for under the cable franchise agreement with the licensed franchisee serving the City of Sunny Isles Beach. The channel, also referred to as "SIB TV," is operated and administered by the City of Sunny Isles Beach as provided by the Sunny Isles Beach City Commission, The following objectives, programming policy and general policies provide guidelines to effectively and efficiently manage the overall operation of the Government Cable Channel and have been approved by the Sunny Isles Beach City Commission, I. A. OBJECTIVES The objectives of the City af Sunny Isles Beach Gavernment Cable Channel are: 1, To provide City government information for citizens of the community. 2 , To widen the dissemination of activities of the legislative and advisory bodies, boards and committees of the City of Sunny Isles Beach, 3, To offer public information to the citizens about the functions performed by the various agencies, divisions, and departments of City government, 4, To provide information to citizens about the government process as well as how to access information from various City departments or agencies, 5, To offer video support services to City government. 6, To offer entertainment programming of city-sponsored events, I. B. PROGRAMMING POLICY It is the policy of the City of Sunny Isles Beach to provide direct, content-neutral information to the citizens of Sunny Isles Beach concerning the operations and deliberations of City government. The Government Cable Channel is not a mechanism for announcements from the general public or for building support for a particular candidate or candidates for political office, With respect to programs or subjects that may be interpreted to be materially controversial, the City will maintain a position of neutrality, Announcements for authorized municipal events or events directly or otherwise determined to be of significant municipal interest shall be allowed. Public Service Announcements and educational programming for community-spirited, not-for- profit organizations may be considered and are subject to review by the City Manager or designee. SIB N Progromming & Generol Policy Guidelines City of Sunny Isles Beach, Florida - 3- I. C. PROHIBITED PROGRAMMING The following programming is not considered appropriate and will not be used: 1. Material that is defamatory or an invasion of privacy. 2, Material that violates local, state or federal laws regarding obscenity. 3, Material that is contrary to local, state or federal laws, regulations, procedures or policies. 4. Material that advertises or promotes a particular political campaign, 5, Material that solicits or is an appeal for funds, 6, Material that makes unlawful use of copyrighted material. 7, Material that provides or teaches a particular religious viewpoint, 8, Other material deemed unsuitable for television. II. GENERAL POLICY II. A. CHANNEL: The local government access cable television channel shall operate on the channel with the franchise holder. II. B. MODES OF CABLECAST: The City shall use four basic cablecasting modes: 1. Live Broadcast: Live coverage, particularly emergency information, and other selected and events of general community interest when and where feasible, and legally advisable, 2, Tape-Delayed Broadcasts: Public meetings or events may be videotaped for broadcast at a later period, 3, Preproduced Programming: Programs produced by the City or other entities related to government facilities, services or operation will be broadcast if appropriate. 4, Information Service: AlphaNumeric information consisting of program schedules, announcements and other public information will be cablecast to maintain up-to-date information for viewers, II. C, ACCESS POLICY: Access to the Government Cable Channel is limited to the City of Sunny Isles Beach, and any not-for-profit agency conducting activities sponsored or contracted by the City of Sunny Isles Beach, It is not intended for general public use and is not a public access channel. 1, Public Meetings: Subject to the approval of the City Commission, all public meetings of the City are authorized for broadcast. All regular Sunny Isles Beach City Commission meetings will be broadcast. This may include "town hall" and "workshop meetings" that meet the following criteria: a,) the meeting is held in commission chambers and b,) the meeting does not supplant 0 previously scheduled meeting, SIB 1V Programming & General Policy Guidelines City of Sunny Isles Beach, Florido - 4- Meetings will be taped for broadcast no later than seven days from the date of the meeting, 2, Informational Programming: While all programming on the Government Cable Channel is considered to be informational, those herein are considered to be preproduced feature programs and program series, All municipal departments may submit through their department director/administrator requests that they think may be appropriate for broadcast on the Government Cable Channel. Any programming requests shall be subject to review of the City Manager or designee for appropriateness and technical consideration, Programs consistent with the overall operating policy of the Government Cable Channel, as determined by the City Manager or designee, may be broadcast, Written permission for the use of copyrighted material should be obtained in advance by the user of said material. Anyone submitting programming for review is responsible and liable for any copyright infringement, 3, Individual Statements: Requests for access to the Government Cable Channel by any person for the purpose of advocating a personal viewpoint or policy will not be allowed, Announced' candidates for public office shall not be permitted to make personal statements over the Channel, except in the regular discourse of public meetings or within a forum of public debate or question/answer format where all other announced candidates for the same office must be invited. The forum should be under the oversight of an impartial third party using mutually agreeable ground rules, Incumbents who become announced candidates for public office cannot appear on the Channel except during regularly scheduled meetings, , "Announced" is not synonymous with "qualified." Any person who makes known an intent to seek public office via press announcement, public statement or other public venue having mass appeal is considered an "announced" candidate, SIB TV Programming & General Policy Guidelines City of Sunny Isles Beach, Florida - 5- 4. Community Bulletin Board Information Messages: Information for the bulletin board may be submitted by any City Department. Messages submitted should be consistent with the previous policies and intentions of this policy statement, and shall be cablecast at the discretion of the City Manager or designee, II. D. EDITING POLICY: Editing of programming on the Government Cable Channel shall be subject to the following: 1. Public Meetings: Any public meeting cablecast on the Government Cable Channel, be it live or on videotape, will be aired subject to editorial comment. Editing may occur to ensure programs are technically sound or to comply with time limitations. Supplemental information on agenda items that the City Manager or designee determines will aid the viewer in understanding the issues or matters under discussion may be provided, Non-edited tapes may be obtained from the City Clerk's office, 2, Departmental Programs: Any programming prepared or provided by a municipal agency/department or organization may be modified or edited as deemed appropriate by the City Manager or designee in accordance with the policies set forth herein, This determination may be made by policy restrictions or by technical, scheduling or staff limitations, All tapes and other program materials provided to the City from outside organizations are provided without any written or implied guarantee of use or safekeeping, While the highest level of care and oversight will be exercised, the City of Sunny Isles Beach and its agents will not be responsible for lost or damaged tapes or other program materials. 3, Interactive Information Service: Messages programmed into the information service shall be edited to provide clarity. Messages broadcast are subject to appropriateness as determined by the City Manager or designee, Only government entities described in Section C may broadcast events or activities, No paid commercial space or notices from other organizations will be allowed on the billboard information service, SIB TV Programming & General Policy Guidelines City of Sunny Isles Beach, Florida - 6- 4. Broadcast Commercialism of Public Forums is Discouraged: In furtherance of this policy, the camera operators will get tight shots of speakers in a manner to exclude commercial banners and logos wherever feasible, However, on occasion a commercial name may appear, and the City cannot control its exclusion, such as hotel names or other sponsors' logos on speaker's podiums, II. E. ENDORSEMENTS: At no time will the Government Cable Channel endorse specific brand name products or service providers, II. F, SPONSOR ACKNOWLEDGMENTS: The Channel may provide on air acknowledgments of program sponsors in accordance with The National Federation of Community Broadcasters (NFCB) Guidelines to underwriting for public radio stations, These guidelines are: 1, "Underwriting" is funding for a specific program or series of programs, 2, If money is given without direct connection to any programming, it is considered a "donation." Donor announcements are not required, but may be made at the City Manger's or designee's discretion, 3, When announcements for donations or underwriting from for-profit entities are made, they may include: . a trade name or brand name . location and phone number . logos or slogans that are not of a promotional nature . value-neutral descriptions of a product line or service that aid in identifying the contributor . names or service listings that do not include qualitative or comparative language SIB N Programming & General Policy Guidelines City at Sunny Isles Beach, Florida - 7- 4, The City of Sunny Isles Beach is not allowed to promote the goods or service of any underwriter or donor, To avoid "promoting," announcements made regarding entities that have furnished some consideration must not include any: . Mention of price: No interest rate, pricing information, discount, savings, or value of any kind may be included in acknowledging a contribution, . Call to action: Any announcement regarding a company or person who furnishes remuneration to the public broadcaster may not suggest that the listener take action, The listener cannot be encouraged to "call," "come by," "try," or even "be sure" in relation to a product or service. . Inducements to buy: It is improper to entice the viewer to make a purchase by offering bonuses, freebies or other specials. . Qualitative or comparative language: This tricky area prohibits descriptive or comparative language of a product or service, An announcement may not explain, for example, that something is "perfect," "less filling," or is the "largest," "smallest," or "most" anything. II. G, PROMOTIONS: Promotional announcements for municipally-sponsored events or activities are acceptable for cablecast on the Government Cable Channel if approved by the City Manager or designee. Public Service Announcements for agencies outside of municipal government are subject to appropriateness as determined by the City Manager or designee. No commercial-oriented promotions will be considered for broadcast. The City Manager or designee will review any programming requests that are not addressed in this policy. II. H. USE OF GOVERNMENT CABLE CHANNEL EQUIPMENT: The use of video production equipment shall be restricted to the City's/department-related activities by City employees or persons under the direct supervision of the City Manager. II. I. HOURS OF OPERATION: It is the goal of City of Sunny Isles Beach to provide programming twenty-four (24) hours per day, seven (7) days per week with live, videotaped and alpha-numeric programming. Hours of operation are enhanced through the use of automated playback equipment. SIB TV Programming & General Policy Guidelines City of Sunny Isles Beoch, Florido - 8- II. J, RETENTION OF TAPES: It shall be a general policy to retain videotapes of locally produced programs, events and meetings for the retention period required by Florida records law, Live and tape delayed broadcasting of commission meetings are provided as a service to the community and not as an official record or transcript of the meetings, II. K. DUPLICATION OF PROGRAMMING: Copies of programs produced by the City of Sunny Isles Beach may be obtained with a public records request through the Office of the City Clerk and are subject to fees in accordance to Florida Statute. At time of pick up, payment for copies must be made by check or money order, payable to "City of Sunny Isles Beach," or in cash, All copies are subject to availability of programming and dubbing facilities, SIB TV Programming & General Policy Guidelines City of Sunny Isles Beach, Florida .9- TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Ciry Coll1f11ission Norman S. Edelcup, Mf!JOf' Lewis J. Thaler, Via Mf!JOf' Roalyn Brezin, Com111i1nOlUr Gerry Goodman, C011/111i11ifJlttr Danny Iglesias, Commi11iOlUr (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, Ci!J MflfIagtr Hans Ottinot, Ciry AJ~ Jane A. Hines, Ciry Clerk MEMORANDUM The Honorable Mayor and City Commission A. John Szerlag, City Manager Douglas Haag, Assistant City Manager, Finance Division, Derrick Arias, Director, Information Technology Department & Alyce Hanson, Director, Administrative Services Department June 21, 2007 SIB TV Programming & General Policy Guidelines Recommendation It is recommended that the City Commission approve this resolution and the attached SIB TV Programming & General Poliry Guidelines. These policy guidelines provide the framework for management and staff to operate by when programming content for the city's government access channel, SIB Television. Background The City of Sunny Isles Beach operates and administers SIB Television according to the rules governing Public, Educational or Government Access Channels ("PEG Channels") that are outlined in the local cable franchise agreement with the licensed franchisee serving our city. As per a memo (copy attached) from the Office of the City Attorney the city's franchise agreement with the cable provider does not grant the city the authority to air commercial advertising on the city's public access network. A committee consisting of John Szerlag, City Manager; Hans Ottinot, City Attorney; Derrick Arias, Director, Information Technology Department; and Alyce Hanson, Director, Administrative Services Department developed these guidelines using existing policy guidelines from several other municipalities. Additional Information These polices have been reviewed and approved, by the Office of the City Manager and the Office of the City Attorney. Attachment: 1 Agenda Item ~ Date to-2./-07 ... OF SUN City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Lewis J. Thaler, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM TO: Alyce Hanson, Administrative Senrices Director FROM: DATE: Patricia SaintViI-Joseph, Deputy City Attorney fa January 30,2007 RE: Commercial Advertising on SIBTV You have asked the City Attorney to advise whether the City may air commercial advertising and/or sponsors on the City's public access network or post same on the City's internet website. PURPOSE & USE OF PUBLIC TV / WEBSITE Public, Educational or Governmental Access Channels ("PEG Channels") are not mandated by federal law, rather they are a right granted to local franchising authorities, such as the City. PEG Channels are available for use by the general public, not for private use. The governing rules of these PEG channels are a byproduct of negotiated tenns often outlined in a franchise agreement. In accordance with the applicable franchise agreements, local franchise authorities or cable operators may adopt non-content-based rules governing the use of PEG Channels. However, the general guidelines adopted by many local franchising authorities, such as Miami-Dade County, are to prohibit any advertising which promotes the sale of any commercial products or services. RECOMMENDA TION Unless such right is specifically granted in the franchise agreement with the cable provider, it does not appear the City may air commercial advertising on the City's public access network or the City's website. My review of the existing franchise agreement does not reveal such authority was granted to the City. By allowing private entities to get the benefit of "free" advertising on the PEG Channels, the City would in fact be giving an appearance of unfair competition with the cable provider. Attached for your review and reference is a copy of the Miami-Dade Television Guidelines which specifically prohibit commercial advertising from its approved programming. Thus, I recommend the City uses the Miami-Dade TV policy as a baseline when drafting its TV policy and refrain from promoting commercial advertising on the City's PEG Channel. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Ede1cup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Alyce Hanson, Administrative Services Director Derrick Arias, Information Technology Director Priscilla Walker, CMC, Deputy City clerR~ June 26, 2007 Approval of SIB TV Programming and General Policy Guidelines At its regular meeting of June 21, 2007, the City Commission adopted Resolution No. 2007- 1113, which approved the above item. Attached is a copy of the approving resolution to assist you in processing this item. Thank you. /pw Attachments Sib Tv Policy & Guideline Approval Memo