815 R.I. Code R. 815-RICR-10-05-1.14

Current through December 3, 2024

Section 815-RICR-10-05-1.14 - Community Programing Services

1.14.1Number and Designation of Access And Interconnect Channels

A. Every CATV System Operator constructing a Residential Network of the minimum downstream channel capacity specified in §1.7.2(A) of this Part shall specially designate and reserve a minimum of six (6) television channels for access purposes, inclusive of Interconnect channels, as set forth below.

B. Every CATV System Operator shall make available to all Subscribers who receive all or any part of the total services offered on the system at least one access channel in each of the categories in §§1.14.1(B)(1), (2), (3), (4) and (5) of this Part. Additional channels for access purposes shall be apportioned and designated in response to demonstrated community need (as provided for in §1.14.1(D) of this Part). Channels reserved for access purposes shall be designated as one of the following:

1. Public: Public access channels shall be made available for use by members of the general public on a first-come, first-served nondiscriminatory basis.

2. Educational: Educational access channels shall be made available for use by local educational authorities and institutions (including, but not limited to, school departments, colleges and universities but excluding commercial educational enterprises);

3. Government: Government access channels shall be made available for use by municipal and state government;

4. Leased: Leased access channels shall be made available on a first-come, first served non-discriminatory basis; and

5. Interconnect Channels established by §1.7.4(C) of this Part: Interconnect Channels shall be made available on a first come, first served non-discriminatory basis for PEG programming of statewide import.

C. The minimum number of specially designated access channels required by the above paragraph shall be made available immediately upon commencement of Subscriber service.

D. If any of the specially designated access channels required by §§1.14.1(A) and (B) of this Part above are in use eight (8) hours per day for a three-month period, and if there is demand for use of an additional channel for the same purpose, then the CATV System Operator shall provide an additional specially designated access channel within six (6) months of a formal request by the Service Area Citizens' Advisory Committee for that Service Area.

E. However, upon a showing to the Administrator that demand does not warrant activation of all the specially designated access channels required by this section, PEG access and/or Interconnect programming may be combined onto one or more channels.

F. To the extent that time is available therefor, specially designated access channels may be offered for lease or used for other broadcast or non-broadcast services, provided that such services are subject to displacement if there is demand to use the channel for its specially designated purpose.

G. Any fixed studio provided pursuant to this Pat shall be made available without charge to users of the specially designated access channels. Each Electing CATV Operator and RIPTA shall grant such users reasonable access to the studio facilities during normal business hours. In addition, access to the studio facilities shall be granted upon request until 9:00 p.m. weekday evenings and at least four hours per day on weekends.

1.14.2Fixed Studio Production Capability

A. RIPTA shall provide no less than five (5) fixed studios statewide. Prior to any relocation of a fixed studio, RIPTA shall provide advance notice to the Division and shall consult with the CATV franchise holders regarding an appropriate new location. The Division reserves the right to conduct a proceeding to determine if the relocation is in the public interest. Each Electing CATV Operator shall also provide one (1) fixed studio in each of its Service Area(s). Each such studio shall be equipped for full-color production and transmission of live, videotape, and film television programs on specially designated access channels. (Such programs may be furnished or produced by residents of that Service Area and institutions or groups within that Service Area.)

B. Each studio shall be reasonably located within a Service Area.

C. At a minimum, each such studio shall be furnished with the following equipment, which shall function and shall be in accordance with equipment that are standard in the industry:

1. Studio/Control Room:

a. three (3) cameras with tripods on dollies;

b. one (1) record video tape recorder that records video in suitable format and one (1) playback video tape recorder that plays back video with time base corrector in suitable format;

c. one (1) modulator for tie in for live cablecast and monitoring (audio and video) for the modulator;

d. one (1) studio control room switcher;

e. one (1) character generator;

f. one (1) audio mixing board;

g. intercom system and control room speaker;

h. one (1) cassette player/recorder, one (1) DVD player and one (1) CD player;

i. (shared with portable) hand and Lavaliere microphones and audio cables;

j. test/signal equipment including distribution amps, audio amplifiers, and wave form monitor/vector scope/processing gear for live cablecast;

k. lighting grid and lights, with control system remotely controlled from control room;

l. Appropriate support equipment and accessories including but not necessarily limited to cables, cords, microphone stands and booms, studio furnishings, and an intercom system;

m. one (1) studio color monitor and audio speaker, one (1) preview and program color monitor, black & white camera monitors, and monitors for record deck and character generator;

2. Editing:

a. cuts-only linear edit suite, including one source and one record deck, edit controller, character generator, audio mixing capability, cassette player, CD player, deck monitors, character generator, monitor, and edit controller monitor;

b. non-linear editing system;

3. Playback:

a. automated controller;

b. video recorder in suitable formats;

c. color monitor;

d. modulator; and

e. time base corrector.

1.14.3Portable Production Equipment Capability

A. Each Electing CATV Operator and RIPTA shall provide and maintain mobile and/or portable television production equipment for use by residents of each Service Area in the production of programming for specially designated access channels. Such equipment shall be available from one or more convenient and accessible locations within the Service Area.

B. Each Electing CATV Operator and RIPTA shall provide and maintain portable equipment of a type and in quantities adequate to satisfy the program production needs of the users of specially designated access channels. At a minimum, however, each Electing CATV Operator and RIPTA shall immediately provide two (2) complete sets of the following equipment for use by producers in each studio that they operate and maintain:

1. two (2) camcorders - appropriate format and two (2) tripods;

2. monitoring - audio for each camcorder, and monitoring - video for each camcorder;

3. two (2) lighting kits;

4. one (1), 4-input wireless system, including mixer function, including at least two (2) handheld microphones and two (2) Lavaliere microphones; and

5. appropriate accessories, including but not limited to, cords, cables, microphone desk, stands, audio cables/connectors and equipment cart.

C. To the extent that equipment maintained at the fixed studio is portable and not in use for program production for specially designated access channels at that location, such equipment may be made available for use outside the studio.

1.14.4Access Services Operating Rules

A. Each Electing CATV Operator and RIPTA shall establish and publish rules pertaining to the administration and use of the specially designated access channels and access production equipment and facilities required by this chapter. Such rules shall be filed with the Administrator at least sixty (60) days before any access channels are put into use. Any revisions to such rules shall be promptly filed with the Administrator. Copies of such operating rules shall be kept available for public inspection at the local business office of RIPTA and the Electing CATV Operator.

B. In addition to the specific requirements contained in the following sections of this chapter, all operating rules submitted in accordance with this section shall include, but not be limited to, the following provisions:

1. procedures for scheduling the use of television production equipment provided by the system operator, and for scheduling the cablecasting of programming on the specially designated access channels;

2. a provision requiring the Electing CATV Operator and RIPTA to maintain a complete record of all users of the specially designated PEG and leased access channels, and to keep such record available for public inspection at the local business office of the Electing CATV Operator and RIPTA. Such record shall contain the names, complete addresses, and telephone numbers of these users, and shall be retained by the operator for a period of two years; and

3. a provision that the Electing CATV Operator and RIPTA shall not attempt to control program content or specially designated access channels, except to the extent necessary to protect it from liability under this Part and applicable law.

1.14.5Access Channel Operating Rules

A. Every Electing CATV Operator within this State and RIPTA shall:

1. actively encourage the use of specially designated access channels as a medium of diversified public expression;

2. make time available to all users of access channels on a first-come, first served, nondiscriminatory basis, and without charge;

3. provide at its own cost professional assistance to citizens desiring to advance their skills in planning, production, and programming of effective programs for specially designated access channels, and in developing innovative uses of cable technology;

4. furnish without charge appropriate technical assistance and adequate studio facilities to users of the specially designated access channels; and

5. provide at its own cost professional assistance to local school officials in planning and installing cable facilities for the reception of educational television and for local origination within the school system.

B. Neither an Electing CATV Operator in this State nor RIPTA shall:

1. permit any access channel to be used to give political advantage to an incumbent in office; and

2. permit the specially designated government channel to be used to propagandize government views.

C. If an Electing CATV Operator in this State or RIPTA permits the origination or dissemination of political campaign material, it will afford equal opportunities to all candidates for the same office.

D. If an Electing CATV Operator in this State or RIPTA permits the origination or dissemination of views concerning a controversial issue of public importance, it will afford equal opportunity for the presentation of contrary points of view.

E. Every Electing CATV Operator in this State and RIPTA shall adopt appropriate operating rules for the implementation of these objectives.

1.14.6Leased Access Channel Operating Rules

The operation of all leased access channels of a CATV System Operator shall be governed by applicable federal law, including but not limited to, 47 C.F.R. §§ 76.701, 76.970, 76.971, and 76.975 (2018).

1.14.7Personnel and Technical Assistance

A. Each Electing CATV Operator and RIPTA shall make available an adequate number of appropriate programming and technical personnel to maintain and oversee the use of the production equipment required to be provided by this chapter, and to provide the following training and technical assistance:

1. training of government employees, employees of educational institutions, and representatives of non-profit community organizations and institutions in the use of system production equipment available for access and institutional program production;

2. training of the public in the use of system production equipment available for access program production; and

3. guidance and planning assistance to government officials, officials of educational institutions, and officials of non-profit community institutions and organizations in the development of access programming and institutional services, and the design and utilization of facilities for production, origination, and internal distribution (i.e., within buildings).

B. Every Electing CATV Operator and RIPTA shall each employ at least one (1) full-time coordinator of access services who shall have continuing oversight and administration of the development and utilization of access programming services.

C. Any and all technical, planning, and instructional assistance provided by an Electing CATV Operator and RIPTA pursuant to this section shall be provided at no expense to the access services user.

815 R.I. Code R. 815-RICR-10-05-1.14