(a) The Talawanda High School and the City of Oxford shall not censor or exercise any control over program content on the pubic access channel(s) with the exception of material contained in 8.2.
(b) (1) The public access channel shall not be used to advertise or promote the commercial sale of products or services. Description or praise of a product, service, business, or person which encourages purchase, trade or business is not permitted. Intentionally showing business or product names, logos and other symbols specifically for commercial promotion is prohibited. Presentations by or on behalf of candidates for public office shall be allowed for the four weeks prior to any election. All other access rules shall apply.
(2) Obscene material is prohibited.
A. Materials shall be obscene when:
1. The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, or a shameful or morbid interest in nudity, sex, or excretion;
2. The work, material, conduct, or live performance depicts or describes in a patently offensive way, sexual conduct specifically set out in State law; and
3. The work, conduct, material, or live performance taken as a whole, lacks serious literary, artistic, political, or scientific value.
B. If the AUC determines a program is obscene, it may request that the City pursue criminal penalties and/or injunctive relief against the producer.
(3) Indecent material may only be cablecast after Midnight and before 6:00 a.m. the same day.
A. Materials shall be indecent when they depict or describe, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.
(4) Any advertisement of or information concerning any lottery, gift enterprise, or similar scheme is prohibited.
(5) The public access channel shall not be used for solicitation or fund raising of any kind.
(e) (1) If the Cable Access Coordinator feels a tape may be in violation of the access rules, the tape may be submitted to the AUC.
(2) If the possible violation can be corrected by editing or review is made unnecessary by rescheduling, the producer may elect to edit or reschedule the tape so it can be aired without delay.
(3) The Cable Access Coordinator shall submit the tape with a list of possible violations for review by the AUC at its next regularly scheduled meeting.
(4) The affected producer shall be invited to attend the AUC meeting at which his/her tape is being reviewed to make whatever presentation or argument he or she desires.
(5) Such tape shall not be cablecast until the AUC has reviewed it.
(d) The City is permitted to use a legal disclaimer in connection with the airing of any program.
(e) Time Warner Cable shall place the name of the individual applying for channel time and an address or phone number within the franchise area at which the person can be contacted before and after each program.
(Ord. 2670. Passed 1-4-00.)
(Ord. 2670. Passed 1-4-00.)