West Sacramento Municipal Code Art. II Community Use Programming

A. The purpose of this section and Sections 4.20.300 through 4.20.330 is to permit applicants for each cable communications franchise to propose plans and resources for community use programming in order to permit the community to design, produce and present programming of local interest and to promote the educational, recreational and character-building opportunities of the viewing public.

B. An applicant who chooses not to make such a proposal shall not be disqualified from applying for consideration in the selection of the grantee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such a proposal in relation to other factors upon which an award of the cable communications franchise will be based.

(County code § 11-1.901)

A. Applicants for each franchise shall be authorized, alternatively, to propose in their applications:

1. No community use programming, by making no reference to community use programming therein; or

2. To propose community use programming in the form of and in accordance with that as described by Section 4.20.310.

B. An applicant who proposes community use programming in its application shall include in the application the following:

1. Any standard of criteria which will be utilized in connection with the following matters:

a. The time made available for and community use programming covering candidates for public elective offices during election campaigns;

b. Program quality control;

c. The legality of program content and the violation of the legal rights of others; and

d. Any and all preconditions of whatever kind or nature relating to use by third parties of studio facilities or production equipment and the broadcast of programming presented thereby; and

2. The establishment of an independent body proposed by the applicant to administer PEG programming and community use programming other than PEG programming produced by a public agency. Such a body shall not include any officer or employee of the city or a cable communications area advisory committee; nor shall such body include the appointment of officers, employees, governing bodies or city councils or committees of the city. Once formed or created, the body also shall not include any grantee nor any appointee by a grantee or representative of a grantee. Any such proposal shall specifically identify the following representing such a body:

a. The legal form of existence;

b. How the body will be established and who will be responsible for the establishment;

c. The size, composition and method of selection and appointment of the members;

d. The terms of the members and the grounds and procedures for the removal of members, if any;

e. The specific powers of the body in relation to the administration of community use programming and the means by which such will be exercised and enforced; and

f. The sources and amounts of funding for the support and operation of the body.

(County code § 11-1.902)

A. Community use programming constitutes a form of access opportunity to members of the general public to produce programming in separate studio facilities with minimal instructional assistance, direction and control by a grantee.

B. Applicants desiring to propose community use programming shall include the following within their applications:

1. The number of hours per week that one or more (specifying the number) channels on the subscriber network will be made available exclusively for the type of access use programming prescribed by this section;

2. If two or more channels are to be made available for such use, a specification of the tier or tiers of service in which all channels, except the one included in the basic services, will be placed;

3. A description of the location, nature and extent of the separate and independent studio facilities, production equipment, personnel resources and other resources to be provided in connection with such access use and community use programming, designed in such a manner as to permit operation by members of the public with minimal training and supervision;

4. A commitment to make the studio facilities, production equipment, personnel resources, other resources and channels available for use, program production and broadcasts a specified number of hours per day during the term of the franchise; the actual number of days per week and hours per day such resources will be available for use, program production and broadcasts being subject to regulation from time to time by the independent authority created pursuant to Section 4.20.300 (B)(2);

5. A commitment to operate and provide the studio facilities, production equipment, personnel resources, other resources, channel broadcast time and programming opportunity at the sole cost of the applicant without any charge whatsoever;

6. A statement of the nature and extent of all training to be offered by the applicant respecting the equipment, operation and training required as a condition of facility and equipment use and operation by members of the public; and

7. A commitment to allow the use of the studio facilities, production equipment, personnel resources, other resources and channels for the production and broadcast of community use programming by members of the general public, including individuals and local nonprofit community organizations, on a first-come first-served basis during the term of the franchise.

(County code § 11-1.903)

An applicant may, but shall not be required to, propose, in its application, PEG facilities, PEG programming or PEG funding. With respect to any such proposal, the application shall contain:

A. A description of the location, nature and extent of the PEG facilities, PEG programming, PEG funding and other PEG resources proposed to be made available by the applicant; and

B. A statement identifying the parties to whom PEG facilities and PEG funding will be made available by the grantee and whether the apportionment of such facilities and funding will be vested within the sole discretion of the applicant or determined in accordance with standards or criteria and, if so, a statement of all criteria, standards and requirements proposed to be utilized by the applicant in apportioning the PEG facilities and PEG programming should the demand therefor exceed the facilities and funding proposed by the grantee.

(County code § 11-1.904)

A grantee who has included within its application for the franchise a proposal for community use programming or PEG facilities, PEG programming or PEG funding pursuant to Sections 4.20.290 through 4.20.320 shall comply during the entire term of the franchise with all such commitments contained in its application and the ordinance offering the franchise, including, but not limited to, provision of the specified number of hours of community use programming and/or PEG programming pursuant to the terms and conditions stated, and provision of all studio facilities, production equipment, personnel resources and other resources identified for the uses specified pursuant to the terms and conditions stated. During such term, the grantee shall keep and maintain all such facilities, equipment and resources in good condition and repair and replace any and all such facilities, equipment and resources as necessary to fulfill the obligation that the foregoing be provided and maintained during the entire term of the franchise. The failure to comply with the commitments and obligations identified by this section shall constitute a material violation and breach of the franchise documents.

(County code § 11-1.905)

A. Applicants for a franchise shall be authorized, but not required, to include within their applications proposals for services, resources or benefits to the city, including, but not limited to, free or discounted rates for subscriptions to services on the subscriber network or institutional network, channels or time thereon on the subscriber network or institutional network, electronic or other equipment, the use of the institutional network, staffing resources or other services and resources or benefits for improvement in the delivery of governmental services or efficiency of governmental operations. A grantee who has proposed such commitments in its application shall comply during the entire term of the franchise with all such commitments contained in its application and the ordinance offering the franchise pursuant to the terms and conditions stated therein, and the failure to provide such services resources or benefits pursuant to the terms and conditions stated shall constitute a material violation and breach of the franchise documents.

B. An applicant who chooses not to make such a proposal shall not be disqualified from bidding or consideration in selection of the grantee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such a proposal in relation to other factors upon which an award of a franchise will be based.

(County code § 11-1.906)

A. Applicants for a franchise, for the purpose of promoting improvements in cable services to the community and influencing the motivation of the city to select the particular applicant as the grantee, may include within their applications the commitment of services resources or other benefits (including, but not limited to, ongoing financial support, channels or broadcast time thereon, personnel resources or facilities or equipment) to specifically identified parties other than the city. The application shall contain an identification of any such commitments, including a specific description of the nature and extent of all services, resources or benefits committed, the names and addresses of all parties to whom the commitments are made, all terms and conditions of the commitments, and copies of the legal instruments, such as contracts, leases, memoranda of understanding or other documents, by which the commitments, when accepted, and the documents executed by the recipients would be evidenced. Each such legal instrument shall contain provisions requiring that such services, resources or benefits be utilized exclusively for cultural, educational, scientific, character-building, recreational or public service purposes and prohibiting the utilization thereof for commercial purposes.

B. During the hearing conducted pursuant to the provisions of subsection E of Section 4.08.150, the city council shall:

1. Order such changes in the legal instruments by which the commitment of such services, resources or benefits are to be evidenced as are found necessary in order to fulfill the objectives and purposes of the application submitted by the tentative selectee without altering the nature or scope of the commitments made or direct the proposed recipients and tentative selectees to meet separately for the purpose of developing mutually acceptable changes in the legal instruments for later review and approval by the city council;

2. Approve as to form all legal instruments determined to be sufficient to adequately express the commitments and terms and conditions thereof; and

3. Determine which, if any, of such legal instruments are to be incorporated into the franchise documents made a part of the terms and conditions of the franchise and order such incorporation by reference to the instrument in the ordinance offering the franchise.

C. With respect to any legal instrument which is made a part of the franchise documents by reference in the ordinance offering the franchise, the violation and breach by the grantee of the obligations therein shall constitute a material violation and breach of the franchise documents. The obligations and prohibitions assumed by the recipient under such legal instruments by either the execution of the instruments or the acceptance of the services, resources or benefits committed shall be enforceable either by the grantee or the city. A violation and breach of the franchise documents by reference in the ordinance offering the franchise shall not constitute a violation or breach of the franchise documents. The incorporation of such a legal instrument into the franchise of any legal instrument which is made a part of the franchise documents by reference in the ordinance offering the franchise shall not obligate the city to fulfill any promise contained therein. Services, resources or benefits committed to specifically identified parties, other than the city, which are not evidenced by separate legal instruments included with the application shall not be considered in the selection process.

D. An applicant who chooses not to commit services, resources or benefits as authorized by this section shall not be disqualified from bidding or consideration in the selection of the grantee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such proposals in relation to other factors upon which an award of a franchise will be based.

(County code § 11-1.907)