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PEG Access Privilege Suspension Guidelines

Cablevision reserves the right to impose the following penalties for the rule/operating procedure violations set forth below. Please understand that these are guidelines only and the unique facts and circumstances of each particular violation will be carefully reviewed with a view toward evenhandedness and the facilitation of the fair and equitable use of public access.

Violation Penalty
Violation of Cablevision Public, Educational, Governmental, Access Rules 1st Violation 2nd Violation 3rd Violation
Obscene and/or Commercial Material Written warning and tape will be pulled prior to airing or after first airing, as applicable, in Cablevision's discretion
Commercial or Non-Political Fundraising, including Political Solicitation of Names Same as above
Failure to submit program for scheduled time period Written Warning Maximum of 1 week suspension of privileges Maximum of 2 weeks suspension of privileges
Violation of rules by crew or guests Written Warning Maximum of 1 week suspension of privileges Maximum of 2 weeks suspension of privileges
Unqualified Use of Equipment Written Warning Maximum of 1 week suspension of privileges Maximum of 2 weeks suspension of privileges
Unauthorized Use of Facilities Written Warning Maximum of 1 week suspension of privileges Maximum of 2 weeks suspension of privileges
Damage to Equipment or Facilities Written Warning & Reimbursement for Damages Maximum of 4 weeks suspension of privileges and reimbursement for damages Permanent loss of privileges and remimbursement for damages
Violation of Federal, State, or local laws, rules, or regulations, including theft, possession / use of drugs or alcohol, and possession of weapons [Penalty may range from temporary to permanent loss of privileges at Cablevision's discretion.]
Other Violations Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 wks.suspension of privileges Maximum of permanent loss of privileges
Failure to adhere to specific operating procedures
Reserving Time Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges
Editing Facilities Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges
Studio Facilities Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges
EFP Packages Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges
Falsification of Records Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges
Smoking, eating, or drinking in undesignated areas Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges
Other Violations Written warning and up to a maximum of 2 wks. suspension of privileges Maximum of 4 weeks suspension of privileges Maximum of 6 weeks suspension of privileges

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Purpose of the Rules

The rules and regulations set forth herein below shall govern the availability and use of the Public, Educational, and Government Access Channels and facilities administered and provided by Cablevision.

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Definitions

  1. "Access Channel" - That cable channel or channels or portions thereof which is or are specially designated by Cablevision for the presentation of Access Programming by a person who is a resident of, or a group or organization which operates within, Cablevision's Service Area, as defined in Section 2(o) below.
  2. "Access User" - Any person who makes proper application for and presents Access Programming over the Public, Educational, or Governmental Access Channel.
  3. "Access Programming" - Analog video and audio material provided by an Access User on the Public, Educational, and Governmental Access Channel(s), which programming concerns matters of interest to and/or is about Cablevision's Service Area.
  4. "Applicant" - Any (i) person who is eligible for Public Access and is at least 18 years of age residing in, or a group or organization which operates within, Cablevision's Service Area, (ii) an entity which is eligible for Educational Access such as a school district or not-for-profit educational institution chartered or licensed by a State Department of Education, or (iii) an entity which is eligible for Governmental Access, such as a municipal, county or state government or an agency thereof which has properly applied for use of an Access Channel or Production Facilities. The Applicant shall be responsible for executing and abiding by all of the terms of the Access User Application and Contract and additionally shall abide by Cablevision's Public, Educational and Governmental Access Rules.
  5. "Cablecasting" - The distribution of programming (exclusive of broadcast signals) over Cablevision's cable television system.
  6. "Educational Access Channel" - That cable channel which is designated by Cablevision for the presentation of Access Programming by school districts or educational institutions chartered or licensed by the State Department of Education.
  7. "Facility User" - Any Applicant who makes proper application for and uses Cablevision's Production Facilities, as applicable.
  8. "Governmental Access Channel" - That cable channel which is designated by Cablevision for the presentation of Access Programming by a municipal, county, or state government or an agency thereof.
  9. "Indecent Material" - Any material in a program and/or presentation which would be defined as "programming that the cable operator reasonably believes is lewd, lascivious or filthy- or describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards" in accordance with The Communication Act of 1934.
  10. "Lottery" - Any device, scheme, plan, promotion, contest or other program and/or presentation which involves directly or indirectly the elements of prize, chance and consideration, or any such device, scheme, plan, promotion, contest or other program and/or presentation which is, has been or may be declared a lottery under applicable local, state or Federal law.
  11. "Lottery Information" - Any advertising or information concerning any Lottery as defined in Paragraph 2(j) or any list drawn or awarded by means of any Lottery, whether said list contains any part or all of such prizes.
  12. "Obscene Material" - Any material in a program and/or presentation which would subject the producer, supplier thereof and/or Cablevision to prosecution or penalty under local, state or Federal law for the production or presentation of obscene material.
  13. "Production Facilities" - Cablevision's designated production equipment.
  14. "Qualified Production Facility User" - A person who has been certified by Cablevision after successfully passing a competency exam measuring Applicant's understanding of the use of the specific Cablevision Production Facilities which such person shall be utilizing.
  15. "Service Area" - The geographic area to which Cablevision provides a discrete Access Channel as more specifically set forth on the attached Exhibit A, which Exhibit will be deemed automatically amended by Cablevision in the event of an acquisition or divestiture during the term of this Agreement. Depending upon the specific system's design and architecture, the Service Area might be the entire area served by a headend or a region served by a node or sub-headend or can be limited to one or more political subdivisions.

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Rules Governing Access Channel

  1. A person residing in or a group or organization which operates within Cablevision's Service Area is eligible to use the Public Access Channel(s) for Access Programming (see definition of "Applicant") on a first-come, first-served, non-discriminatory basis. A request for use shall be made by filing an Application, as attached, and is subject to the availability of the Public Access Channel at the time and for the duration requested. Cablevision may, in its reasonable discretion, permit other persons, groups or organizations to utilize the Public Access Channel, when not otherwise being utilized. In determining whether a person is a resident of a particular Cablevision Service Area, Cablevision shall reasonably review such person's address and permanent place of domicile (as evidenced by a driver's license, state ID card, utility bill, which includes electric, gas, water, cable or land line phone, tax bill and/or Non-Profit tax-exempt document 501 ( c ) 3 . A box number is not acceptable.). In determining whether an organization or group operates within Cablevision's Service Area, Cablevision will look to factors s.

    A program produced by a person who does not live within Cablevision's Service Area is eligible for cablecasting on a Cablevision Access Channel if a resident of the Cablevision Service Area sponsors the program and assumes all obligations hereunder by becoming an Applicant. Cablevision deals exclusively with Applicants.
  2. A bona fide educational institution, chartered or licensed by the State Department of Education and located within Cablevision's Service Area, is eligible to use the Educational Access Channel(s) for Access Programming on a first-come, first-serve, non-discriminatory basis. A request for use shall be made by filing an Application and is subject to the availability of the Educational Access Channel at the time and for the duration requested. Cablevision may, in its reasonable discretion, permit other bona fide educational institutions, organizations or authorities to utilize the Educational Access Channel.
  3. A bona fide governmental body within or an elected official who represents Cablevision's Service Area is eligible to use the Governmental Access Channel(s) for Access Programming on a first-come, first-served, non-discriminatory basis. A request for use shall be made by filing an Application and is subject to the availability of the Governmental Access Channel at the time and for the duration requested.
  4. As more fully described in the Cablevision Access Program and Production Facilities Policies and Procedures attached hereto, any audio or visual material which promotes or is designed to present a commercial transaction or is designed for non-political or commercial fundraising is prohibited in connection with any Access Programming. Any Access Programming which contains material designed to elicit a response or any other solicitation of names or addresses which may be used for future non-political or commercial fund raising activities may be rejected by Cablevision in its reasonable discretion. Notwithstanding the above, "credit" type notices announcing the source of funding (if any) for the production of the program shall not be interpreted so as to make a program a prohibited "commercial use" and thus are permitted to be shown at the beginning or the end of the program.
  5. No program, production or presentation shall be cablecast or permitted to be cablecast on the Public, Educational, or Governmental Access Channel(s) which involves directly or indirectly any Lottery information or which involves a Lottery, gift, contest, enterprise or similar scheme.
  6. No program, production or presentation shall be cablecast or permitted to be cablecast on the Public, Educational, or Governmental Access Channel(s) which involves any Obscene Material or other unprotected speech.
  7. If, in Cablevision's reasonable discretion, any program, production or presentation contains Indecent Material, Cablevision shall notify Applicant. Cablevision encourages that all Indecent Material be aired after 10:00 p.m.
  8. In the event Cablevision believes that a program submitted contains material proscribed pursuant to Federal, state, or local laws, rules, or regulations or pursuant to Paragraphs 4(d), (e) and/or (f), Cablevision shall notify Applicant, who may edit such program or withdraw same. Cablevision shall not edit any program.
  9. Further, in order to submit programming for distribution on the Access Channel in Cablevision's Service Area, Applicant understands that its eligibility hereunder is subject to reasonable review by Cablevision. Cablevision shall be under no obligation to cablecast any Access Programming which it reasonably believes to be in violation of Paragraph 4(d), (e), (f), or (h), or for which Cablevision reasonably determines the Applicant is ineligible hereunder. Applicant shall be afforded the opportunity to appeal any such decision of Cablevision by contacting Cablevision's Local Access Coordinator, Access Supervisor, Area Manager or Corporate Local Program Manager.
  10. Cablevision reserves the right to include the Access Programming in its printed Television Guide listings but does not guarantee. All Access User promotion which refers to the channel, time or Service Area where Access Programming is to be cablecast (including but not limited to radio, television, pamphlet, flyer, magazine or cable television programs) and which is used by Applicant to promote or publicize Access Programming or an appearance on Access Programming is subject to reasonable review and approval by Cablevision prior to its dissemination or publication.

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Rules Governing Use of Cablevision's Access Facilities

  1. A person residing in, or a group or organization which operates within Cablevision's Service Area and which meets the requirements of Paragraph 4(g) below, is eligible to use Cablevision's Production Facilities located within the state where such Service Area is located. In determining whether a person is a resident of a particular Cablevision Service Area, Cablevision shall reasonably review such person's address and permanent place of domicile (as evidenced by a driver's license, state ID card, utility bill, which includes electric, gas, water, cable or land line phone, tax bill and/or Non-Profit tax-exempt document 501 ( c ) 3 . A box number is not acceptable). In determining whether an organization or group operates within Cablevision's Service Area, Cablevision will look to such organization's business address as well as where it promotes that its services or products are made available. Cablevision's Production Facilities may only be used to produce Access Programming and such Access Programming must be presented on an Access Channel. A request for use shall be made by filling out the appropriate studio or equipment application, as attached, after an Access User Application has been executed and its subject to the availability of the Production Facilities at the time and for the duration requested. Cablevision may, in its reasonable discretion, permit other persons, groups or organizations to utilize Cablevision's Production Facilities if not otherwise being used. In no event may Cablevision's Production Facilities be utilized other than by Cablevision for the production of programming which presents a commercial transaction, seeks to raise funds or involves partisan political advocacy or campaigning of any kind (excluding, however, incidental appearances by politicians or political candidates in a news or talk show setting).
  2. At least fifteen (15) days in advance of the desired time and date of the use of the Production Facilities, an Applicant must submit a studio or equipment application, as applicable, copies of which are attached. Cablevision may waive the aforementioned fifteen (15) day period contained herein in the event such Production Facilities are available upon shorter notice.
  3. Production Facilities may be used for up to four (4) consecutive hours. Since Cablevision makes its Production Facilities available to the public, Cablevision requests that all persons are courteous and respectful with regard to other members of the public who might be using the Production Facilities before or after you. As such, we ask that you provide at least twenty-four (24) hours notice of cancellation of Production Facilities time and that you use all reasonable effort to ensure that you do not run over your allotted time. If you cause disruption or inconvenience to Cablevision staff or other Facility Users, you will be subject to penalties up to and including revocation of your Access User Contract and use of Cablevision's Production Facilities. If a request for use of Cablevision's Production Facilities is granted and the scheduled time is not utilized, the Applicant will lose such Production Facilities time. In the event that an Applicant requests multiple uses of the Production Facilities and the Applicant does not utilize its scheduled time, causing inconvenience or disruption to Cablevision or other Facility Users, the Applicant may be subject to appropriate loss of privileges in accordance with Cablevision's penalty provisions.
  4. Applicants must be 18 years of age or older and must assume all legal and programming responsibility for the studio by executing Cablevision's Access User Application and Contract. Such Applicant shall be responsible for the acts and omissions of all production crew members.
  5. Cablevision shall make its Production Facilities available during its normal business hours (as clearly posted at each facility location), or at other times or on weekends by special arrangement. The equipment allocated for access use as well as such equipment's availability shall be so designated by Cablevision from time to time.
  6. Where available, designated portable Cablevision access equipment may be used by Qualified Facility Users on location, provided such Facility Users meet the conditions noted in Paragraph 4(g) below, and provided further, that such Facility User agrees to be responsible for any damage to such equipment, reasonable wear and tear excluded. Equipment may not be used at locations or for purposes other than the production of Access Programming.
  7. Applicant represents and warrants that all persons who will operate Cablevision's Production Facilities are Qualified Facility Users who have successfully passed a Cablevision competency exam to use the Production Facilities to which they are assigned. A qualified Cablevision technical director shall oversee the use of the in-house Production Facilities by Applicant and Applicant's personnel.
  8. Use of the Production Facilities must result in the production of Access Programming suitable for cablecast. All Production Facility usage is subject to these Rules, and any and all tampering with Production Facilities may result in cancellation of the Contract and the possible loss of future access privileges. Inordinate use that does not result in programming may lead to review and loss of privilege.
  9. Only program participants and persons involved in producing the Access Programming will be allowed access to Cablevision's Production Facilities. To ensure adequate studio set up and configuration, facility applicants are asked to advise the staff at least twenty-four (24) hours in advance of any non-standard programming format or equipment that will be required for the production of an Access Program.
  10. Access Users and/or guests may enter only those areas of Cablevision's Production Facilities and office locations that are designated for Access use, in addition to those areas that are normally open to the public. Access Users and guests are asked to comply with Cablevision's guidelines with respect to their conduct while guests of Cablevision and shall conduct themselves in a civil and orderly fashion. Access Users are ultimately responsible for the conduct of all persons involved in the production of the Access Program and all guests.
  11. All Access Users shall be financially responsible for the cost of repair or replacement of any Production Facilities damaged by or under the control of an Access User and/or an Access User's production crew or guests.

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Explanation of the Access Use Application and Contract

  1. Application for use of the Public, Educational, and Governmental Access Channel(s) shall be submitted in writing and shall identify the proposed Access Channel user by name and address and specify and/or contain the following:
    1. Name, address, and telephone number of the individual or organization making the request, and, if an organization, a representation that Applicant has the authority to sign on behalf of such organization;
    2. The Access Channel desired (public, educational, or governmental);
    3. The day or days for access cablecasting desired (and alternative days);
    4. The time segment desired (and alternative times) and duration of the cablecast;
    5. The technical format of the program;
    6. A statement that the Applicant has read the Access Rules and will comply therewith;
    7. A certification that the individual or organization making the request resides within or operates within Cablevision's Service Area; and
    8. Such other and/or additional information as Cablevision may reasonably deem necessary.
  2. Cablevision will accept an application and access user contract upon no less than 72 hours notice of proposed initial air date (if no prior request has been made for the time and date requested). However, in no case more that 7 weeks prior to the next 26 week programming cycle. Programs will be scheduled for air upon approval of the application and subsequent receipt of program tape.
  3. Applicants who choose to produce their own programming and wish to use their own facilities should consult with Cablevision at the time of Application submission to determine whether their format is compatible with existing Cablevision equipment. After submission of the program, Cablevision shall reasonably determine if such presentation meets the Technical Specifications for Airing Tapes, (which are contained in the Cablevision PEG Access Polices and Procedures attached hereto). Programming which does not meet Cablevision's technical standards will be rejected. Cablevision shall not be under any obligation to obtain additional equipment to cablecast any Access Programming nor shall Cablevision be responsible for any damages for failure to so cablecast any such Access Programming.
  4. Applications and reserved channel times are not assignable or transferable.
  5. If Applicant plans to use copyrighted material, Applicant must obtain all appropriate rights and clearances for the use of such material. Cablevision reserves the right to request evidence of such rights and clearances, in its reasonable discretion.
  6. In the event that Cablevision reasonably believes that a program or presentation contains copyright infringing material, Cablevision reserves the right to refuse to carry or to continue carrying such program, presentation or series, or portion thereof, which does not, comply with the provisions of these Rules or for which, adequate rights to the material contained in the program and/or copyright clearances have not been obtained. However, permission to proceed shall not be construed to mean that Cablevision has acknowledged or concluded that Applicant has secured all necessary rights and/or clearances or that Cablevision assumes any responsibility for such programming.
  7. Only persons 18 years of age or older shall be permitted to be Access Channel Users unless an adult assumes all legal responsibility for the program by executing Cablevision's Access User Application and Contract. Additionally, all Applicants must have the parental permission of any minor appearing in Access Programming.
  8. As more fully described in the Cablevision Access Program and Production Facilities Policies and Procedures attached hereto, Access Programming time is reserved on a first come, first serve, non-discriminatory basis for a maximum of twenty-six (26) weeks.

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Public Inspection

  1. Cablevision shall maintain a complete record of the names and addresses of all persons, groups, organizations, or entities requesting access time. Such records will be maintained in the local office of Cablevision and will be available for public inspection during Cablevision's normal business hours.
  2. Persons requesting public inspection shall identify themselves by name and address.
  3. Access Channels will not be made available to any Applicant who refuses to have his identity maintained in the records and available for public inspection as required by this paragraph.
  4. All records of requests for Access Channels shall be maintained for a period of at least two (2) years.

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Access User Liability

Cablevision does not exercise editorial control over the content of any program produced by an Access User. Applicants assume all responsibility as producer and/or originator of any of Applicant's Programming cablecast on Cablevision's cable system(s). Access Users who produce and/or cablecast Access Programming which violates federal, state or local laws, rules or regulations, or which infringe upon the rights of any person, corporation, partnership or entity, or constitute libel or slander, may be subject to criminal or civil penalties and shall be required to indemnify and hold Cablevision harmless from any such third party claims.

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Violation of Rules

Violation of Access Rules by an Access User or guests of any Access User may subject the Access User to a temporary or permanent loss of access privileges.

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Questions

In the event a question or dispute arises regarding the applicability or interpretation of these rules, such questions or disputes shall be initially directed to Cablevision's Access Coordinator, Access Supervisor, Area Manager. Further questions or disputes shall be referred to the Corporate Local Program Manager.