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FAIRFIELD MEDIA CENTER video content requirements and standards for broadcast.

Program restrictions.

(a) Programs must comply with federal, state and local laws. It is the intent of this chapter that speech be restricted no further than that permitted by applicable precedent of the United States Supreme Court or other controlling courts. Violations of this chapter may be sanctionable under Section 2.52.050. The following cablecast material is prohibited:

     (1) Gambling. Programming may not promote or conduct a lottery, raffle, contest, or game involving prizes which are awarded in whole or in part by lot or by chance.

      (2) Obscenity. Programming shall not contain speech which is obscene as defined by applicable federal or state law. The United States Supreme Court has defined a work to be obscene if:

           (A) An average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;

           (B) The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law; and

           (C) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value. It is the intent of this chapter that it be interpreted consistent with Miller v. California, 413 U.S. 15 (1972) and other controlling precedent of the United States Supreme Court, Iowa Supreme Court, or other controlling courts.

     (3) Solicitation. Programming shall not solicit funds or other property of value from viewers for commercial purposes. A commercial purpose is generally an advertisement of a product or service for profit or business purpose. 

     (4) Advertising. Programming shall not contain commercial advertising. A program may, however, identify underwriters providing grants or contributions to defray the cost of programs. The identification format of any underwriter must be stated as follows: This program has been made possible (in part) by a grant from/by support from the (THE SPONSOR'S FULL NAME).

     (5) Misrepresentation. Programming shall not contain any material which is intended to defraud the viewer or designed to obtain money by false or fraudulent pretenses, representations, or promises.

     (6) Illegalities. Programming shall not constitute libel, slander, defamation, invasion of privacy of an identifiable person or group, nor shall it violate trademark or copyright, or otherwise violate any local, state or federal law. It is the intent of this subsection that these types of proscribable speech or activities be defined by, and interpreted consistent with, the governing precedent of the United States Supreme Court, Iowa Supreme Court, and any other governing courts.

     (7) In commercial advertising, users should not reference the FMC in its organizational capacity in any manner that implies that FMC has provided its endorsement, sponsorship, support or assumed responsibility for program content. Programmers are not prohibited from promotions that indicate their programs may be viewed on FMC.

           (b) Pre-cablecast Injunctions. If the committee reasonably believes that a program contains obscene material under subsection (a)(2) of this section or libel, slander, defamation, invasion of privacy of an identifiable person or group under subsection (a)(6) of this section or other specific content that may be prescribed, the committee may postpone cablecasting a program and then file an action in state or federal court to enjoin cablecast. Such action in state or federal court must be taken within ten business days of notifying the producer that the program will not be cablecast or from the date of the committee's decision not to be cablecast, whichever is first. The burden of proof of showing that the program is obscene or otherwise proscribable is upon the committee. It is the intent of this chapter that this provision be interpreted consistent with Freedman v. Maryland, 380 U.S. 51 (1965), or other controlling precedent. This provision does not apply to programs that are not accepted due to noncompliance with technical or eligibility requirements including, but not limited to, commercial use of FMC.

            (c) Programs must conform to the following regulations:

      (1) Program Disclaimer. The disclaimer set forth below pursuant to subsection 2.52.040(c)(1) will be displayed on the air by FMC intermittently throughout each day’s scheduled programming. The disclaimer should read substantially as follows: Fairfield Media Center, the Fairfield Media Center Committee, and the City of Fairfield are not responsible for program content.

      (2) Releases. Producers must obtain in writing, and be able to produce upon request by the committee, any and all necessary approvals, releases, or licenses for the use of any material contained in a program submitted to FMC. This shall include, but not be limited to, approvals by broadcast stations, sponsors, music licensing organizations, copyright owners, performers' representatives, signed release forms or any other approval required by law.

            (d) Underwriting. The underwriting of programs to defray costs is permitted provided that such underwriting does not constitute commercial exploitation of the FMC channel. Underwriting shall be governed by the following:

      (1) Advertising as defined by subsection (a)(4) of this section is prohibited.

      (2) Company or corporate logos with an accompanying slogan is permitted only at the opening and/or close of the program.

      (3) Underwriters' phone numbers shall not be included in the identification statement.

      (4) Underwriting acknowledgments may be spoken and/or written but are limited to ten seconds each at the beginning or the end of the program. (Ord. 913 ' 4, 1998).

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