(A) Access users are solely responsible for the content of programming and for obtaining all rights necessary to cablecast any program material. The following program material is prohibited and shall not be cablecast:
(1) Advertising material designed to promote the sale of commercial products or services, including advertising on behalf of candidates seeking public office;
(2) Obscene or indecent material;
(3) Advertisements or information concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part on chance;
(4) Unauthorized presentation of copyrighted material;
(5) Direct solicitation of funds to directly or indirectly benefit the user or persons and entities on the user's behalf;
(6) Material that defames any racial, ethnic, sexual, age or religious group;
(7) Material that advocates violence or fighting words designed to invoke violence;
(8) Material that does not comply with applicable federal, state and local laws and regulations;
(9) Slanderous or libelous materials; and
(10) Deliberate misinformation.
(B) The city reserves the right to review all programs and materials at any time to determine compliance with the standards set forth in § 18-126. In the event that any material is deemed by designated city staff to violate the guidelines set forth herein, the city may in its discretion do any or all of the following:
(1) Discuss with the producer the ramifications of cablecasting the material for revision or withdrawal;
(2) Schedule the program at the time most appropriate for its content;
(3) Cablecast a content disclaimer to accompany the material;
(4) Reject the program for cablecast;
(5) Present upon appeal the program to the Cable Access Committee for review;
(6) Present upon appeal, following the Cable Access Committee appeal hearing, the program to the City Council for final resolution.
(C) Access programming shall include public educational and governmental, noncommercial, public interest programming, and the access channel equipment and facilities shall not be used by an access user for financial gain or other commercial purposes, including the production of programming produced for sale to commercial television stations or for which the producer or other parties purchase time for such presentation on commercial television stations or cable television systems. Advertising material includes, but is not limited to, the following:
(1) Messages whose primary purpose is intended to promote a service, product, trade, or business;
(2) Program material made available without charge by persons, corporations, or institutions who have a commercial interest in the subject matter. This provision shall not prevent the identification by name of persons or institutions providing grants or contributions to under-write the cost of programs unrelated to the commercial interests of the donor;
(3) Material which identifies any product, service, trademark or brand name in a manner not reasonably related to the noncommercial use of such product, service, trademark or brand name on the program.
(D) Any user providing access programming shall be required to inform the city upon applying for use of equipment or facilities whether materials include copyrighted material or material subject to other ownership or royalty rights. If so, the user must show evidence that proper authorization has been obtained. These authorizations include program owners, copyright owners of any performing or royalty rights. Any violation of subsections (A), (B), (C) or (D) will subject the applicant or user to immediate revocation of the privilege of using the access channel, equipment and facilities.
(E) The city will notify producers of the nature of all viewer complaints. The city reserves the right to review all programming for which a complaint has been registered to determine whether the program in question is in violation of the rules set forth herein. The city may exercise the options listed above under subsection (A) or (C). Viewers wishing to file a complaint may do so in writing. All written complaints will be presented to the Cable Access Committee for review unless otherwise resolved to the satisfaction of all parties.
(F) All users of access time assume complete responsibility for the content of the programming provided. Any disputes which arise concerning the programming shall be resolved between the user, the objecting party and, where applicable, the franchise- granting authority. The city undertakes no responsibility to the user or any other party for any liabilities which may arise as a consequence of presentation of access programming. Users shall indemnify and hold the city harmless for all liability, including costs of legal defense, arising from the presentation of programming provided by the user.
(G) The city reserves the right to pre-empt any program for the presentation of a "special" production. In such cases, the city will reschedule the pre-empted program and notify the producer or sponsor of the schedule change.
(1993 Code, § 18-126) (Ord. passed 8-22-1994(2))