Chapter 5.53
CABLE TV ACCESS CHANNELS – CHARACTER GENERATORS1
Sections
5.53.040 Procedures for using city equipment.
5.53.050 Guidelines – Use of character generator.
5.53.060 Guidelines – Refusal to transmit messages.
5.53.070 Administrative decisions – Appeals – Failure to exhaust administrative remedies.
5.53.010 Purpose.
(1) The purpose of this chapter is to define procedures and guidelines for the use of city-owned character generation equipment. This equipment will be used to communicate information in textual form via access to a cable TV channel dedicated and/or assigned to the city.
(2) The city coordinates, through the city clerk’s office, the gathering, formatting, and programming of information from government, education, and public sources for display on the cable TV channel dedicated and/or assigned to the city. The character generator shall be used to distribute information concerning local government, community activities and services, and other information of general public interest. [Ord. 909 § 1, 1991.]
5.53.020 References.
Section 6 of Ordinance No. 8442 provides further information on access to public, educational, and government (PEG) cable TV channels within the city. [Ord. 909 § 2, 1991.]
5.53.030 Definitions.
As used in this chapter, the following terms have the meanings set forth below:
(1) “Access channels” means free composite channels to be used for educational purposes and by government and public agencies and/or their representatives (commonly referred to as “PEG” channels).
(2) “Channel” means a single path or section of the spectrum which carries a television signal.
(3) “Character generator” means a device used to generate alphanumerical programming to be cablecast on a cable channel.
(4) “Des Moines broadcast area” means all areas within the city served by cable television. [Ord. 909 § 3, 1991.]
5.53.040 Procedures for using city equipment.
(1) Textual information shall be displayed throughout the Des Moines broadcast area on an access channel dedicated and/or assigned to the city. The information shall be updated as necessary to maximize cablecast capacity. Messages shall run for a maximum of 10 days and a minimum of three days; provided, that such period may be modified by the city manager.
(2) Information that is transmitted shall be limited to information that is locally oriented (cablecast area) and of interest and benefit to the general public; e.g., public meeting schedules, community or cultural event calendars, and announcements.
(3) The city clerk is authorized and directed to create a form entitled “Request for Use of Character Generator.” This form shall gather sufficient information to implement the provisions of this chapter.
(4) The form, “Request for Use of Character Generator,” shall be used when submitting messages for display. All of the required information shall be completed on a signed form before the message will be displayed. Forms shall be available at the city clerk’s office.
(5) Each public entity or community group desiring to use the character generator shall provide the city clerk’s office with a list of those individuals authorized to submit messages. Forms submitted shall be signed by such authorized personnel.
(6) When composing a message, the writer should be brief and use standard abbreviations whenever possible. Each message shall be submitted on a separate form and shall contain a headline. The headline shall briefly convey the main idea of the message. It should attract attention and encourage the viewer to read the message. Example:
FREE CONCERT. Sunday, June 17, Des Moines Beach Park, 2:30 – 3:30 p.m., Call 878-4595.
(7) All forms shall be submitted to the city clerk’s office for programming. All forms shall be submitted not less than seven days but not more than 15 days before the requested display date.
(8) The city clerk’s office shall review each form and when necessary conform the message to accommodate page format and style of the character generator.
(9) The city clerk shall maintain a file composed of messages which have aired or been refused access. Such file may be maintained electronically. [Ord. 909 § 4, 1991.]
5.53.050 Guidelines – Use of character generator.
The following guidelines shall apply for use of the character generator:
(1) All announcements shall have some relationship to those living and/or working in the city.
(2) Announcements of events shall indicate whether they are free or if there is an admission charge. An information number should be provided.
(3) Emergency information shall be given priority transmission rights at the direction of the city manager, or appointed designee, and may displace all other information.
(4) Daily use of the character generator shall be allocated so that two-thirds of the daily cablecast capacity shall be reserved for local government. The remaining time shall be allocated for community information. Nontextual video transmission capabilities are specifically reserved only for local government or public agency broadcast purposes.
(5) Any cablecast capacity not used may be reallocated between local government and community information in the discretion of the city.
(6) The city intends to maximize the use of the character generator by all parties. First-time users shall have priority over regular users. If there is not adequate room in the character generator for placement of all messages requested, the city reserves the right to determine what messages will be placed on the character generator, to edit messages as necessary to conserve cablecast capacity and to determine what messages will be moved to a different start or finish date, or eliminated entirely.
(7) The following categories of information shall not be transmitted:
(a) Advertising material designed to promote the sale of commercial products or services; provided, that this shall not prohibit fundraising promotions by nonprofit organizations and community service groups.
(b) Advertising that promotes either a candidate for political office or a political issue.
(c) Advertising of events which will produce profits benefiting a private enterprise or individual.
(d) Notices setting forth any regular or specially called meetings, or schedule of regular activities, of any nonpublic profit or nonprofit organization. This provision is not intended to prohibit transmission of a notice of special event of community interest, being held within the city limits and open to the general public, by any nonprofit organization.
(e) Lottery information.
(f) Any message which is defamatory, misleading, fraudulent, obscene, or indecent. [Ord. 909 § 5(A), 1991.]
5.53.060 Guidelines – Refusal to transmit messages.
The city reserves the right to refuse to transmit all or any portion of a message which promotes any activity which is unlawful under city, state, or federal law or constitutes a violation of these procedures and guidelines. [Ord. 909 § 5(B), 1991.]
5.53.070 Administrative decisions – Appeals – Failure to exhaust administrative remedies.
Disputes regarding the use of the character generator shall be referred by the city clerk to the city manager for resolution. The decision of the city manager shall be deemed final unless appealed. Any person or persons aggrieved by the decision of the city manager may file a written appeal with the hearing examiner; provided, that such appeal is filed with the city clerk within 10 days of receipt of the city manager’s final decision. The appeal to the hearing examiner shall proceed in accordance with the hearing examiner code; provided, that any appeal from a decision of the hearing examiner shall be by direct review in superior court. Failure to follow the administrative appeal process shall act to bar judicial review of the decision being appealed. [Ord. 909 § 6, 1991.]
See chapter 20.05 DMMC for provisions on cable communication systems.
Code reviser’s note: Ord. 844 is on file in the city clerk’s office.