Purpose

It shall be the purpose of these Program Policies of Millbrae Community Television (MCTV), in establishing overall guidelines and conditions for programming the MCTV’s local community station, to promote the Mission and Public Service Philosophy of Millbrae Community Television. Millbrae Community Television is a local origination cable television station dedicated to governmental, educational, and community access. Our aim is to present a broad spectrum of programming reflecting all facets of life in Millbrae; the issues, concerns, divergent opinions and interests of all segments of the community, programming not available through other television sources to Millbrae residents.

MCTV Public Service Philosophy

Millbrae Community Television (MCTV) has a twofold public service mission: · Producing and airing educational video productions that will increase the flow of community related information, increase public awareness and improve community communications. · Facilitating and regularly scheduling programming on community access television on behalf of local government departments agencies, boards, and commissions, public schools, local businesses and charitable organizations

Creation and Termination of Policy

The Board of Directors shall adopt these Program Policies which shall become effective upon the date of adoption. These policies, including any revisions, shall remain effective until terminated by the Board of Directors.

Authority

The programming affairs of the MCTV shall be conducted and all corporate powers shall be exercised by or under the ultimate direction of the Board of Directors.

Limitations Of Authority

All adopted Program policies, procedures, and directives shall be subject to any and all limitations imposed by law, Articles of Incorporation, Bylaws and contractual obligations. Nothing in these policies shall be construed to limit or prevent anyone from performing those duties specifically required by law, Articles, or Bylaws.

Delegation Of Authority

The Board of Directors shall manage the Program affairs of MCTV by the appropriate delegation of its authority in order to ensure adequate implementation and effectiveness of the Program Policies.

Responsibility

• Board of Directors
• The Board of Directors shall be responsible for the development and the adoption of the Program Policies and revisions of such policies as needed.
• Executive Director/General Manager (ED/GM) and/or Programming Director An Executive Director/General Manager (ED/GM) and/or Programming Director shall be appointed by the Board of Directors and shall be responsible for the implementation, management, and enforcement of these policies, including the selection of shows and programs and scheduling of program cablecasts.

Definitions of PEG Television (per Federal Communications Commission):

For the purposes of these policies, the following terms shall be defined as defined within this section.

• Public access channels are available for use by the general public. They are usually administered either by the cable operator or by a third party designated by the franchising authority.
• Educational access channels are used by educational institutions for educational programming. Time on these channels is typically allocated among local schools, colleges and universities by either the franchising authority or the cable operator.
• Governmental access channels are used for programming by local governments. In most jurisdictions, the local government directly controls these channels.

Definitions of Program Types for MCTV – PEG Channel Playback

Single Shows

Single shows are defined as a one-time program of any length. These shows are assigned playback times during open times on the schedule.

Series Show

Series shows are defined as three or more shows with a common theme and title revolving around a general interest. Series shows will generally be given a regular weekly or monthly time slot.

Bicycled Program

Shows and programs produced outside of MCTV. Any bicycled program must be sponsored by a Millbrae resident, local government or public school representative; employee or agent of a non-profit community group or service organization with offices located within Millbrae; MCTV staff; ED/GM; and/or Program Director.

Public Service Announcements (PSA)

Public Service Announcements, regardless of ownership, that are less than 120 seconds and have as subject content a message that benefits or brings to the attention of the public an issue of public concern.

Promos

Presentations designed to promote and/or advertise the station, a station show, program or special.

Cablecast rights

MCTV will maintain the right to unlimited cablecast of all shows, programs, specials and productions and any parts thereof produced utilizing MCTV owned or leased equipment and/or facilities unless such rights are waved under specific contractual fee agreement.

Sale or Rental of Program Property

All shows, programs, specials, and productions, or parts thereof, that are the property of MCTV may not be sold or rented to any individual, group or firm without the approval of the Board of Directors.

Distribution and Loan

All shows, programs, specials, and productions, or parts thereof, that are the property of MCTV may not be distributed or loaned for public or private viewing or cablecast on any television station other than MCTV’s without the consent and approval of the ED/GM, Programming Director, or the Board of Directors.

Non-Discrimination Policy Statement

MCTV shall not discriminate in the delivery of services in the cablecast or production of a show, program or special, on the basis of race, color, creed, national origin, sex, sexual preference, age, personal religious belief, social philosophy, economic status or physical ability of the producer or due to the content of such programming.

Submission of Programs, Shows and Specials

A “Playback Request Form” must be completed for all prospective programming. A Producer Statement of Compliance Agreement must be filled out for each single show and once for each series. All submissions for televising programs, shows and specials on MCTV will be accepted only under the direct sponsorship of any of the following:

1. Millbrae resident (proof of local residence as determined by Board of Directors required)

2. Local government or public school representative

3. Authorized representative of a non-profit community group, or service organization with offices located within Millbrae

4. Authorized representative of any business licensed by the City of Millbrae

5. MCTV staff; ED/GM; and/or Program Director. Submissions must meet MCTV technical requirements for cablecast.

Program Content Responsibility:

In signing the Producer Statement of Compliance, the producer/provider commits to accepting sole responsibility for the content of the programming submitted to be cablecast, and agrees to permit MCTV to provide his or her name and phone number as included on the required “Playback Request Form” to viewers who wish to respond directly to views expressed in his or her program.

Programming Liability

All users presenting a tape recorded or live program for cablecast on MCTV shall agree in writing, as a condition of the cablecast, to indemnify, defend and hold harmless Millbrae Community Television, the City of Millbrae and their respective directors, officers, agents and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigations) arising from on in connection with claims of loss or damage to person or property arising out of the failure to comply with these Operational Rules and Procedures, any applicable laws, rules, regulations, or other requirements of local, state or federal authorities, for claims of libel, slander, invasion of privacy, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the cablecast of the user’s program. Contractual Commitments The ED/GM, Programming Director or other officers shall not enter into any contractual arrangements or agreements with any individual, group, firm or other entity that would guarantee the cablecasting of network or independently produced programs unless the criteria of these policies, standards and procedures are met and the appropriate content liability forms are discussed and executed by the submitting party.

Program Scheduling

The ED/GM, Program Director or delegated agent, shall schedule cablecasts or programming based primarily on achieving the highest viewership. Priority will be given to local government programming whenever possible and in accordance with specific contractual time schedule agreements. Staffing and program content should also be considered in scheduling.

Mature Content Scheduling

Programming showing excessive violence, discussing sexual topics or containing any language unsuited to viewing by young children shall be cablecast at the latest practical time in the evenings and not before 10:30 p.m. Submission of programs with mature content must be indicated on Statement of Compliance Agreement to assure that the producer understand his/her liability for programming content

Content Warning

Programs of an adult nature as specified in the above section shall be immediately preceded by an audio and video statement to notify viewers and advise parental consideration of preventing viewing by children.

Program Review 

• MCTV Programming compliance review Programming for which MCTV does not have a signed Producer/Sponsor Playback Request Form by a third party entity, is subject to review. Program content, including scripts, topics, taped material, look and sound may be reviewed and compliance with the corporate policies, procedures and directives must be maintained.
• Content Guidelines

Non Editorial: MCTV shall provide direct, non-editorial information concerning the operations and services of government to the citizens of Millbrae

Non-Political: MCTV is not intended as a mechanism for building support for particular ballot issues or candidate for political office. This provision does not preclude the cable casting on non-partisan programs sponsored by a neutral third party designed to inform the citizens of election issues and candidates.

Declared candidates for any elective office and persons advocating any cause, viewpoint, or proposed policy of a partisan nature will not be eligible to appear on the channel unless they appear in a forum in which all candidates or sides of an issue are offered equal time.

For purposes of policy, a person is considered to be a candidate from the time of announcing publicly for any public office until the election is held.

This policy does not apply to persons who receive incidental air time as part of a public meeting being cable cast, nor to officials acting as part of their regular duties when such action do not involve partisan policies.

Programming Content Restrictions

To assure compliance with applicable ordinances, regulations, laws and statutes, presentation of the following material on Comcast 27, a community access channel managed by MCTV or the production of the following material using the facilities and/or equipment under the jurisdiction of MCTV, is strictly prohibited:

• Material designed to promote the sale of commercial products or services.
• Commercial Programming which in whole or in part depicts, demonstrates, or discusses products, services, or businesses with the intent or substantial effect of benefiting or enhancing a profit-making enterprise.
• The solicitation or appeal for funds or other things of value for any and all purposes except as provided under the section entitled “Solicitation of funds.”
• Advertising which endorses or opposes candidates for public office which is also intended to be presented as a paid political advertisement on other media.
• Programming which constitutes or promotes any lottery or gambling enterprise in a manner which is in violation of any applicable local, state, or federal law.
• Material which is obscene or pornographic in accordance with local community standards.
• Material which constitutes libel, slander, unfair competition, or which might violate any local, state or federal law.
• Any material subject to copyright, royalty or other ownership rights without the necessary releases, licenses or other permission acceptable to MCTV.
• Material which has a reasonable probability of creating an immediate danger of damage to property or injury to persons.

Program Disclaimer

Periodically, MCTV will cablecast the following statement “The contents and ideas expressed in this program are the sole and exclusive ideas of the producer and do not necessarily reflect the views and opinions of Millbrae Community Television, the City of Millbrae, or your cable television provider.

Program Credits

All productions done using MCTV’S facilities must contain the following credit: “This program was produced at the facilities of MCTV, Millbrae’s Community Channel.”

Copyright Clearances

All users presenting a recorded or live program for cablecast on MCTV shall agree in writing, as a condition of the cablecast, that they have previously made all appropriate arrangements to obtain all rights to all material to be cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations’ representatives provided and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material. Users shall maintain for inspection by MCTV, upon reasonable notice, copies of all clearances and releases required by this Section.

Underwriting

Underwriting shall be defined as a video cablecast notifying viewers that the station or a program is sponsored by a particular entity. After receiving approval in advance from MCTV, users are permitted to give aural and/or visual underwriting credit to a person or organization that has paid for, in whole or in part, the production, distribution or promotion of a program cablecast on MCTV, so long as the underwriting does not violate FCC rules or regulations, the terms of the MCTV’s Operating Rules and Procedures and the following additional guidelines.

Content

• All underwriting statements provided shall be limited to name, address, telephone number, location, hours of operation and general nature of the business. Under no circumstances shall opinions be expressed concerning the business, prices or brand names of products or services. Program funding acknowledgments will be allowed at the very beginning of a program, and at the very end of the program and must be no longer than 30 seconds in length.

Solicitation of Funds 

• Underwriting (See MCTV Underwriting Procedures Packet for complete details)

Underwriting Agreement and Underwriting Proposal – must be completed, turned in to MCTV, and approved before proceeding with solicitation.

Underwriter’s Letter of Agreement – must be signed by the Certified Access User and each Underwriter prior to submission of programming for cablecast on Millbrae Community Television.

Underwriting Financial Report – must be filled out and turned in on a quarterly basis (if applicable), whether or not you have received or spent money during the reporting period.

Underwriting Credits Guidelines – As stated in MCTV Underwriting Procedures Packet must be strictly adhered to.

Fund raising

Non-profit Organizations with IRS 501C(3) tax exempt status may request the use of MCTV for fund raising purposes. Requests must be in writing and contain the following information and will be considered by MCTV Board of Directors.

1. The purpose of the organization

2. The purpose for which the funds will be used

3. Evidence of exempt status and non-profit operation

4. A brief description of the television program to be produced

5. The desired date of cablecast

6. A letter approving the fund raising request by the Organization’s Board of Directors or chief officer.

7. The name, address and phone number of the organization contact person. Organizations may credit contributors to the fund raising event. Such credit must be in the form of an acknowledgment of the contribution made.

Organizations may not promote commercial products or services.

Use of Published Music

MCTV understands that the American Society of Composers, Authors and Publisher (ASCAP) and Broadcast Music Inc. (BMI) are negotiating nationwide licensing arrangements with the National Cable Television Association (NCTA) for performances of their members’ musical compositions on local organizations by cable television systems. Due to the fact that MCTV is a member of the NCTA, and that ASCAP and BMI are not enforcing their members’ rights with respect to such performances during the period of these negotiations, the following procedures will be undertaken until MCTV informs users of any changes in the above situation:

All users may include music licensed by ASCAP or BMI in their programs without previously making special arrangements with ASCAP or BMI.

Appropriate acknowledgment should be given in the credits to the musical compositions licensed by ASCAP or BMI which are included in the users’ programs.