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Res 98-283 RESOLUTION NO. 98-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING PROGRAMMING GUIDELINES AND PROCEDURES FOR MANAGING THE OPERATIONS OF THE CITY'S GOVERNMENT ACCESS CHANNEL. WHEREAS, the City of Federal Way has established a Government Access Cable Television Channel ("Channel"), for the purposes of enhancing the City's public information and communications system, to involve the community in local government decision making, and to provide citizens with information on the activities and services of city government and other governments that provide services to City residents; and WHEREAS, in order to obtain the maximum benefit ITom the programming of the Channel, the City Council desires to establish guidelines and procedures for the efficient and effective management of the Channel; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Programming Priorities. In providing the maximum practicable number of hours of on-air programming of value and interest to the community, the following priorities are established. City government programming within each of these priorities takes precedence over programming trom other governments and sources: A. Emergencv messages. Emergency messages on the public safety or health, especially those arising from activities related to the City's official emergency operations plan. Res. #98-283, Page I CC~~l( B. Government decision-making. Programming that provides direct coverage of the deliberations of elected or appointed bodies, as well as coverage of selected public issue forums, such as City Council meetings, board and commission meetings, election coverage, and public issue forums. C. Government services. Programming that explains the programs, services, and functions of City government and other governments serving City residents. D. Local issues. Programming that provides information about issues oflocal interest in Federal Way, such as City sponsored events, programs and forums affecting Federal Way citizens, programs that celebrate the achievements and accomplishments of Federal Way citizens, and public service announcements. E. Reader board. A reader board providing printed information on government events and services when other programs are not being cablecast. Section 2. Programming Guidelines. The following guidelines apply for the programming of the Channel: A. Access. Access to the Channel is limited to the City of Federal Way, though programming may be initiated by other sources in accordance with these established guidelines and procedures. The Channel is not intended for public use. B. Alignment with programming obiectives and priorities of the Channel. All programming must align with the objectives of the Channel and with these guidelines and procedures. c. Non-editorial. The Channel will provide direct, non-editorial information concerning the operations, services, and deliberations of government to the citizens of Federal Way. Res. #98-283, Page 2 D. Non-oolitical. The Channel is not intended as a mechanism for building support for a particular ballot issue or candidate for public office. Use of the Channel by elected officials for campaign purposes is prohibited. Exceptions to this guideline include public forums on ballot issues where all sides have an equal opportunity to speak, invited candidate forums, programs designed to offer a balanced perspective on the issues, programs involving elected officials that are normally cablecast throughout the year, and official public meetings. E. Non-commercial. The Channel will not be used to endorse or oppose a political issue, or to endorse a business or product, nor will it cablecast any paid advertising or any program that depicts a product, business and/or service that has the purpose of benefitting a profit-making enterprise. However, a business or organization may be recognized at the beginning and/or end of a program for underwriting that specific program. F. Editing. Public meetings, whether live or rebroadcast, must be shown in their entirety, gavel-to-gavel, and without editorial comment. Exceptions are allowed only (I) to provide supplemental on-screen written information that will aid viewers in understanding the issues or matters under discussion; (2) to provide supplemental programming during recesses that will aid viewers in understanding the issues or matters under discussion at that particular public meeting; (3) to edit out recesses during rebroadcasts; (4) when technical limitations or difficulties restrict production procedures; and (5) when a brief video and/or audio segment trom a public meeting is shown during another program for the purposes of providing background information on that public meeting. All other programming may be edited. Res. #98-283, Page 3 G. Copvrights. Programs containing copyrighted materials will be used only if copyright clearance has been obtained. Any program produced by the City is the property of the City. The City reserves the right to copyright its own material. H. Disposition of meeting tapes. Tapes of meetings are intended for cablecasting purposes only and not as an official record of the meeting. The City is not required to maintain tapes as an official record, and is not liable for inadvertent erasures or omissions. Master copies of all cablecast public meetings will be retained for a minimum of ninety (90) days after the meeting date. Tapes may be erased and re-used in accordance with these guidelines and procedures. I. Copies of meeting tapes. Copies of any program cablecast on the Channel and in the City's ownership and possession may be obtained as a public record. However, the City is not obligated to provide copies of material protected under copyright, unless the City has been expressly granted permission to do so or if required by law or court order. In addition, the City is not required to permanently retain copies of all programming in anticipation of a future public records request. J. Warrantv. The City of Federal Way and its elected officials, officers, employees, agents, and volunteers do not warranty the accuracy of any information cablecast over the Channel. Section 3. Programming Restrictions. The following programming restrictions are established: A Non-alignment with objective and programming priorities. Programming that does not comply with these guidelines, procedures, or programming priorities for the Channel is prohibited. B. FCC Guidelines. Programming that violates Federal Communications (FCC) guidelines for access television including, but not necessarily limited to, commercial/for-profit Res. #98-283, Page 4 enterprises; trade or business announcements; obscene, indecent, libelous, or slanderous speech, lottery information, or any unlawful content is prohibited. C. Commercial and political programming. Programming that promotes commercial business or political candidates, issues, or viewpoints is prohibited except where expressly allowed by these guidelines and procedures. D. Other laws and policies. The City reserves the right to refuse to transmit all or any portion of a program that promotes any activity which is unlawful under City, State, or Federal law; conflicts with these guidelines and procedures; or contradicts with any policy or position of the City. Section 4. Operating Procedures. The following operating procedures are established: A. Responsible manager. The Information Systems Manager or designee shall be responsible for the production, acquisition, scheduling, and cablecasting of programs on the Channel, and for the management and operation of all equipment and facilities related to the Channel, in accordance with these guidelines and procedures. The Information Systems Manager or designee will periodically discuss the allocation of programming time with the City Manager or designee in order to maximize the Channel's effectiveness as a community relations tool. B. Initiationofprogramming. Programming may be initiated by the City Council, City Departments, City boards and commissions, and by other local governments that provide services to City residents. All programming must be co-sponsored by a City agency and approved by the Information Systems Manager, must adhere to these guidelines and procedures, and must not conflict with or contradict any policy or position of the City. Res. #98-283, Page 5 C. DeveloDment of Drocedures. The Information Systems Manager may develop other operating procedures necessary to effectively manage the operations of the Channel, to effectively manage the Channel, and to otherwise carry out the provisions of these guidelines and procedures. D. Final authority. The City Manager has final authority and responsibility for all activities occurring in conjunction with the Channel, final authority and responsibility for interpretation of these programming guidelines and procedures, and final authority for all disputes related to use of the Channel. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. EffectiveDate. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLYED BY TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, this fifteenth day of December, 1998. CITY OF FEDERAL WAY ~k1~ M1(yOR, RON G!NTZ Res. #98-283, Page 6 ATTEST: '>7 ~~ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: 'f35;? C ~~ &"- CITY ATTORNEY, LaNDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 98-283 k:\reso\cabletv.res Res. #98-283, Page 7 .> CITY OF FEDERAL WAY Office of the City Clerk N. rCll1mll~7l7lNJE Gl&lEJEN. CMcC. Cll7l'!Y ClLlRU Council Bill No. Ordinance No. Resolution No. qg - ~ [ ] First Reading: [ ] SecondJEnactment Reading: SUBJECTMATI'ER rom ~'^:) ~~ .(J\OCC ~»n~ JA )öod-<J fJ 1 v 05, CONFORM AS TO DATES & SIGNATURES él- j ~% [v1 Filed with the City Clerk I [v') Passed by the City Council =- & I d- [i/] Signed by the Mayor .:l I ~{" I q [ ] Publication Date (ordinances only) I I [1/1 Effective Date =- .& I~t} I crq = *~~ , ~ Oni t; . ~ FAX ORDINANCE SUMMARy TO FEDERAL WAY NEWS FOR PUBLICATION [ ] Date Done: I I DISTRIBUTE CONFORMED COPIES TO THE FOLLOWING: [v1 City Clerk's OrdinancelR.esolution Binder [ vr City Manager - RESOLUTIONS ONLY [v1 City Attorney - Resolutions & Ordinances [v1 Federal Way Library - Resolutions & Ordinances [ ] Federal Way District Court - ORDINANCES ONLY DISTRIBUTE CONFORMED COP~WHEN APPLICABLE: [ ] Building [V J Planning [ [ ] Public Works [] Code Enforcement [ [ ] Mgmnt Services [] Federal Way Fire Dist.[ [ ] Public Safety [] Other: ] Parks ] Lakehaven . J C. D. Admin. DISTRIBJTE CERTIFIED COPIES TO: Codifier ' /' MRSC V [ King County (when apPlicabl~ ,[ ] Name: [ ] RETAIN ANY APPLICABLE CORRESPONDENCE IN FILE I:\D[STRI8U,SHT (Rev, 02-[3.98)