§ 22-32  ACCESS POLICIES AND PROCEDURES.
   (A)   The city shall adopt and enforce policies and procedures for the use of the Government Access Channel that shall, at a minimum, include the standards specified herein and shall comply with CoxCom, Inc. and the Federal Access Statute.  Failure to comply with these policies and procedures shall result in termination of access to the Government Access Channel.
   (B)   Presentation of the following materials, programs, events, or activities on the Government Access Channel shall be prohibited unless allowed by state or federal law and specifically approved by the city:
      (1)   Any material, program, event, or activity designed to promote the sale of products, trade, business, or persons for profit related to a commercial enterprise activity.  Nothing in this section shall prohibit material being produced solely by the city as a documentary promoting economic development, general health, education, or the public safety and welfare of the community of the city.
      (2)   Any material, program, event, or activity designed to promote political, religious, or sectarian causes or purposes within or without the city.
      (3)   Any material, activity, program, or event designed to directly promote or solicit membership in any club, fraternal association, sorority, military, civic, non-profit organization, or religious or sectarian group in the community or county.
      (4)    Any material which is intended to defraud the viewer or designed to obtain money by false pretenses, representations, promotions, or promises.
      (5)   Libelous or slanderous material of a political or non-political nature.
      (6)   Material that is obscene or indecent according to federal, state, or local community standards, contains nudity, or is otherwise illegal.
   (C)   Eligible users.  Access to municipal programming on the Government Access Channel shall be limited to city departments, county, public schools, state or federal government agencies, and non-profit community organizations or civic organizations having an interest in city, county, educational, and public activities which serve the overall public good and that are non-political, non-sectarian, or non-religious in nature.  Organizations involved with fundraising activities or community promotions which serve charitable, community, or educational purposes within the city or county are permitted to have their activities and events listed on the Government Access Channel’s community calendar of events when approved by the city.  Display of material provided to the city by all such users shall be permitted at the discretion of the City Manager, his or her designee, or Council policy.  Should city production services be requested for allowable activities under this section, the cost of production shall be negotiated by the City Manager and a fair value assessed to the user desiring to broadcast material, programs, activities, or events, or to have the city produce such material, programs, activities, and events.  The city shall be notified 30 days in advance of any desire to broadcast material, programs, activities, or events not produced by the city or the desire to have the city produce such material, programs, activities, or events.
   (D)   Channel operation.
      (1)   The city exclusively operates the Government Access Channel and is solely responsible for everything related to the channel and its content.  CoxCom, Inc. shall have no right to exercise editorial control in any manner whatsoever over the content of the Government Access Channel unless specifically allowed by federal law.
      (2)   Organizations other than the city shall not be allowed to produce “live” broadcasts outside the city facilities or utilize production companies other than the city for “live” production, unless approved by the City Manager, his or her designee, or Council policy.
(Ord. 3099, passed 2-19-02; Am. Ord. 3130, passed 3-2-04)