[HISTORY: Adopted by the Mayor and Council of the Township of Marlboro 2-28-2002 by Ord. No. 2002-4 (Ch. A157 of the 1981 Code). Amendments noted where applicable.]
Marlboro Township shall provide educational and governmental (EG) access facilities and technical support to provide information, educate the public and augment the communications network of the municipality in a nonpolitical and noncommercial manner. The expansion of the channel to include Public Access (PEG) will fully broaden the public's use of cable television as a communication medium in a noncommercial manner. Separate and distinct rules, policies, regulations, procedures, and standards will individually govern the EG and its expansion to PEG, in accordance with municipal, county, state and federal laws.
[Amended 3-15-2007 by Ord. No. 2007-17]
The Office of Public Information, whose director is recognized as the PEG Coordinator, will oversee Marlboro Township's EG/PEG cablecasting. Within the Department of Administration will be a new division entitled "Cable Television," the head of which shall be the Cable TV Coordinator, who will report directly to the Director of Public Information. The Cable TV Coordinator shall be responsible for the following:
Conducting research, undertaking studies, compiling data, and creating resident surveys with the goal of improving cable television for the enrichment of the residents of Marlboro Township;
Supervising and training all paid and unpaid staffing to the Office of Cable Television for the EG/PEG channel;
Conducting monthly orientation sessions for access users and volunteers as well as leading training workshops which will culminate in the administration of competency tests and certifications for all access users;
Writing and implementing separate regulatory manuals for EG and PEG cablecasting, which will include descriptions of operations; guidelines and procedures; technical standards; training and certifications for volunteers; equipment and studio usage; policies; permission procedures; editing rules; programming; scripts and series specifications; producer and access user agreements; corporate sponsorship regulations; renewals and cancellations; community bulletin board formats and agreements; personal release forms; user liability agreements; contracts; and the procedures for violations and enforcement.
Submitting all programming and the week's programming guide for inclusion on the EG/PEG channel to the Director of Public Information prior to airing and the writing of scripts;
Maintaining all files for the cable TV studio, including, but not limited to, a tape library;
Overseeing the budget, purchases, contracts and assignments with the approval of the Director of Public Information;
Directing operations in the cable TV studio, supervising personnel, and maintaining all equipment;
Keeping abreast of all federal and state legislation and regulations so as to determine whether the EG/PEG channel is maintaining compliance with the law;
Assisting private and public schools and their designated representatives with programming inclusion on the EG/PEG channel;
Meeting quarterly with the Executive Cable TV Advisory Board and the Volunteer Cable TV Committee, and filing an annual report on the activities of the cable TV studio and station for submission by the Office of Public Information to the governing body of the municipality; and,
Assisting in the acquisition of grants and corporate sponsorships for the programming on the EG/PEG channel.
All cable television staff shall be under the auspices of the Director of Public Information. With the exception of paid cable consultants and the Cable TV Coordinator, all cast, crew, producers, directors, etc., will be unpaid volunteers to the extent practicable. Crew members must be 14 years or older, unless prohibited by applicable federal or state child labor laws. All volunteers and access users must undergo an orientation session, training workshop, and user certification test, if applicable. Only persons 18 years or older who have been certified by the Cable Television Coordinator shall be permitted to use the equipment. All equipment or studio users shall be financially responsible for the cost or replacement or repair of any damage to the production facility or use of equipment in or out of the studio caused by his or her usage. All equipment and studio users shall be required to sign an agreement confirming their liability prior to using the equipment or studio. All participants or their legal guardians must sign programming personal release forms if appearing on camera or working on a production.
Separate operating procedures, technology standards, and guidelines manuals will govern operations and programming on the EG/PEG channel, as defined under § A403-5; however, the following regulations shall also apply:
No program, production, or presentation shall be cablecast which directly or indirectly involves any lottery information or which involves a lottery, gift, contest, commercial enterprise, or similar scheme;
No program, production or presentation shall be cablecast or permitted to be cablecast which involves obscene material or other unprotected speech, including, but not limited to, slander, libel and invasion of privacy;
EG cablecasting will not be used for political purposes; however, EG cablecasting is permitted to broadcast regular or special public meetings of the Township Council. Although EG cablecasting cannot be used as a vehicle to specifically promote the passage of any particular legislation, public referendum, or act proposed by the governing body or any board of education, such items may be aired as a matter of course during any regular or special public meeting of the Township Council. No political candidates, whether local, county, state, or federal, are permitted to appear on the EG cablecasting, except if they are inadvertently included in a group shot, or are the Mayor, a member of the Township Council, or a member of the public, attending and participating in a regular or special public Township Council meeting. This rule shall be effective from the moment they are selected until after the formal election date. Political candidacy also covers incumbents running for political election. No individual or organization may appear specifically for the sole purpose of acting on the behalf of any candidate or to espouse any legislation or referendum issue. However, the broadcast of any person acting on behalf of any candidate or who espouses any legislation or referendum issue during the course of a regular or special public Township Council meeting is permitted. Nothing in this section shall be deemed to prevent the Mayor or a member of the Township Council appearing on the EG cablecasting for any official governmental purpose or for any purpose associated with the normal day-to-day functions of the Township government. These regulations are not in effect for PEG cablecasting, which falls under public access regulations.
[Amended 3-6-2008 by Ord. No. 2008-4; 12-9-2010 by Ord. No. 2010-28]
No political debates will be televised on EG cablecasting, however, they are permitted on PEG cablecasting;
No advertising may be sold to fund the EG/PEG channel. The channel will be funded through the Office of Public Information Budget. Any material that promotes or is designed to present commercial fund-raising is prohibited with the exception of nonprofit fund-raising events that may be telecast on the community bulletin board. Marlboro Township reserves the right, in its reasonable discretion, to reject any notice designed to solicit names and addresses which may be used for future commercial fund-raising or gain. Notwithstanding the above, "credit" type notices announcing the underwriting funding for a production shall not be interpreted as a "commercial use" and therefore will be permitted at the end of a program. In accordance with applicable law, a support or grant originator can underwrite the costs of specific programs which can be acknowledged by a simple statement before or after the specific program stating the names of the underwriting entity or individuals for no more than 30 seconds. Such credit may contain a logo. However, reference to address, telephone numbers, e-mail addresses, and/or website information is prohibited from the credit;
All material cablecast that uses copyrighted material must obtain all appropriate rights, permissions, and clearances for usage prior to broadcast. Marlboro Township reserves the right to request evidence of the same in its reasonable discretion;
In the event a question or dispute arises regarding the applicability or interpretation of the rules, regulations, standards, guidelines, and operation procedures tied to the EG/PEG channel, the initial referral shall be to the Office of Public Information for conflict resolution. Should the matter remain unresolved, referral shall be made next to the Department of Law and/or the Executive Cable TV Advisory Board;
All material submitted to the Office of Cable TV becomes the property of the municipality, unless a stamped, self-addressed envelope is enclosed for return of submitted photographs, tapes, and/or written materials;
A community bulletin board will be televised on the EG/PEG channel listing educational, recreational, cultural, public information, and municipal messages. Information contained on the bulletin board will include date/time/instructions for municipal meetings and events, emergency notifications and municipal news, recycling information and schedules, community police notices, educational (private and public school) notices, announcements, and meetings, as per a format designed by the Office of Public Information. The inclusion of community notices is encouraged for inclusion as a medium for nonprofit organizations to inform the public of educational, cultural, or entertainment events. All notices must be submitted to the Cable TV Coordinator at least two weeks prior to the desired cablecast. This rule does not apply to emergency notifications. Application forms may be acquired from the Office of Public Information, 1979 Township Drive, Marlboro, New Jersey. Rules governing length, manner of repetition, etc., will be printed on the forms, as well as in the operations manual. The Office of Cable TV reserves the right to reject notices not filed in accordance with the rules and regulations of the Marlboro Township cable TV station or that violate applicable state and federal laws.
(This section has been reserved for the future inclusion of the operating procedures, technology standards, and guidelines manual for cablecasting on the EG/PEG channel.)