[HISTORY: Adopted by the Town of Salem as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the 1977 Town Meeting (Ch. 19, Art. I, of the
1995 Code)]
The Town hereby authorizes the Selectmen to act as the Town's
franchising authority for the regulation of cable television systems.
[Adopted by the Board of Selectmen 11-27-1995 (Ch. 19, Art. II, of the 1995 Code)]
The franchising authority has adopted the following to govern
public access broadcasting in the Town.
A.
Salem Community Television (SCTV)[1] is committed to the idea that community and public access
programming should be community television serving the greater Salem
community. The programs broadcast on SCTV should be for, by, and as
needed by the community.
B.
SCTV is operated pursuant to Section 14 of the franchise agreement
between the cable company and the Town of Salem. That section provides
that one channel shall be assigned for public access, one for educational,
and one for governmental use. These rules govern public access. The
rules governing governmental access programming shall be promulgated
by the governing body of the Town of Salem.[2]
C.
Every person who either lives, works or is involved in organizations
in the Salem community can produce or work on a public access cable
television program. The fundamental feature of this community resource
is access. Once a community person has been properly trained, he or
she can work on a program for SCTV. Programming on SCTV blends community
volunteer and staff-produced programs, as well as prerecorded programs,
all designed to serve the unique needs of the Salem community.
D.
The public is invited to participate in creating these programs.
SCTV is pleased to provide facilities, equipment and channel
time for community television productions. In return, all users should
be mindful of the following rules:
A.
Obey all rules and regulations adopted by SCTV regarding equipment
and facility use, program planning and any other requirement set forth
in these rules.
B.
No smoking, food or beverages are allowed in the control room or
studio area at any time.
C.
Users may not transfer channel or studio time or time for equipment
use.
D.
No use of phones or other office equipment is permitted unless otherwise
specifically permitted by staff of SCTV.
E.
Users should make appointments in advance for program-related consultation
with SCTV staff.
F.
Anyone found to be under the influence of alcohol or drugs, or found
to be carrying a weapon of any kind, will be removed from the premises.
G.
Violation of these rules or any of the rules stated in these rules
may result in the loss of privileges.
For the purposes of these operating rules, the following definitions
shall guide staff of SCTV and users:
Programming which has been produced by the Salem School District
for inclusion on the educational channel. This includes but is not
limited to School Board meetings, staff-produced features on school
business, including programming created by students and sporting events,
and information the school releases to the public.[1]
Programming which has been produced by the Town government
or channel staff. This includes but is not limited to local public
meetings, staff-produced features on Town business, and information
the Town releases to the public.[2]
Programming entirely planned or produced by SCTV staff.
Programming which has been produced by the public. When the
program is produced using SCTV facilities and equipment, it means
that the production arrangements are made by the volunteer public
access producers and the crew is primarily volunteer. In this instance,
SCTV staff is largely there in an advisory capacity, to provide training,
program proposal review, assistance in lining up crews, basic studio
setup, and occasional crew assistance. When an access user brings
in a prerecorded tape or cablecast, it is also considered public access.
In both these instances, SCTV, by federal law, may not edit or control
content.
A.
Introduction. Successful programming depends on a combination of
good planning, production and promotion. Each element in this process
is equally important. These rules are designed to guide the user through
the process of getting programs on SCTV. The following basic guidelines
should assist the user:
(1)
Read these rules. These rules acquaint the user with program planning
and promotion, how to sign out equipment and facilities, the operating
rules governing the facility, and how to schedule channel time.
(2)
Assign an access user's agreement. This document certifies that you
have read, understand, and will abide by the operating rules and that
you agree to be solely responsible for the content of any programs
you produce or schedule for cablecast.
B.
Planning and production.
(1)
Using SCTV facilities and equipment to produce your program.
(a)
Get certified for the appropriate facilities or equipment, either
by taking SCTV sponsored training workshops or by demonstrating experience.
(2)
Follow the procedures for use set forth in these operating rules
for use of facilities or equipment.
(a)
Portable or field production. At least 14 days before you plan
to begin taping, fill out a program planning proposal and a portable
equipment request form. After taping is completed, hand in a facilities
request form to schedule editing and necessary post-production.
(b)
Studio production. At least 21 days before you plan to use the
studio, fill out a program planning proposal and a facilities request
form. A crew sign-up sheet is also available. Assemble a crew, get
your script, talent, set, props, etc.
(3)
Program planning proposal. This assists both you and the staff in
planning successful productions. The proposal should describe the
program idea, list the target audience, and outline production needs.
If this proposal is carefully crafted, the user will be more likely
to select the appropriate production format, facilities and equipment
needed to complete the program. The program planning proposal will
also determine if the program is public access or community program,
which affects production responsibilities and copyright ownership,
or fill out a channel time request form in order to schedule cablecast
times and dates.
D.
Program promotion. Producing a program marks the halfway point toward
concluding your responsibility as a public access producer. Equally
important to planning and producing a show is promoting the program.
All SCTV users are asked to actively promote their program. What follows
are a few examples of how a producer can build an audience:
(1)
Tape a thirty-second promotion for your program.
(2)
Schedule a message for the community bulletin board.
(3)
Call your friends, relatives and associates who might be interested
in the program.
(4)
Work with SCTV staff to develop a press release, particularly when
your program concerns a vital community issue.
(5)
Posters and flyers are also a good way to promote a program.
A.
Equipment and facilities are available to community members or organizations
on a first come, first served, nondiscriminatory basis, provided that:
(1)
All prospective users have successfully completed applicable SCTV
training and have been certified by SCTV in the use of equipment.
Alternatively, prospective users may be eligible if they can demonstrate,
on a standardized equipment use test, the basic operation of the requested
video equipment. If an access user has not used the equipment or facilities
for more than one year, recertification may be required.
(3)
Prospective users must complete all necessary facility and equipment
request forms and have those completed forms reviewed and approved
by SCTV staff.
B.
Any community member who meets the above requirements may request
facility or equipment use. Community members include residents of
the community, representatives or employees of organizations located
within the community, and representatives or employees of agencies
which serve the community.
C.
Nonresidents formally enrolled in a student internship program at
SCTV may use the equipment and facilities.
D.
Technical assistance.
(1)
Successful public access programming depends on participation by
many active, trained volunteers who use video communication tools
in order to independently reflect their ideas. Because of this, and
limited staff time, SCTV generally cannot provide video production
services for community members or organizations, except in special
circumstances. Staff will assist community members in assembling production
crews from among trained and qualified community volunteers. Community
organizations planning to do programs on a regular basis are encouraged
to form a television production committee, which SCTV will then train.
(2)
Technical assistance and advice for the production of public access
programming will be provided on a first come, first served, nondiscriminatory
basis in accordance with these policies.
E.
Scheduled facility and equipment time is not transferable. No exchanges
of time may be made between users.
A.
General rules.
(1)
Equipment is available on a first come, first served, nondiscriminatory basis. If a conflict arises over priority of equipment use, the equipment will be assigned to a public access producer in the same way used to reconcile program scheduling conflicts. (See § 219-10, Scheduling priorities.)
(2)
Cancellation of equipment or facility reservations should be made
at least 24 hours in advance, except in the case of emergency. Repeated
last minute cancellations may result in loss of privileges.
(3)
Confirmation of facility and equipment reservations must be made
48 hours in advance.
(4)
Users should only identify themselves as public access producers,
not as employees or staff of SCTV or the Town of Salem.
(5)
Additional materials for productions, beyond those supplied by SCTV
(i.e., sets, graphics, videotapes, other materials, etc.), must be
supplied by the user and must be removed after the production.
(7)
Working tapes and files.[2]
(a)
SCTV-owned working tapes and files will be held at the studio
for a maximum of 30 working days. After that time, if previous arrangements
have not been made, SCTV will contact the public access producer and
ask that person either to:
(b)
If the public access producer does not respond to these requests
after staff makes a reasonable attempt to contact the producer, work
tapes will be subject to recycling at the discretion of staff.
(8)
Individuals using SCTV equipment, or studio and post-production facilities,
will not change wiring, patch bays or components without staff permission
or supervision. No attempts should be made to work on or repair equipment.
Any damage caused in this manner will be charged to the user. A loss
of privileges will result from such equipment abuse.
(9)
Individuals using SCTV equipment should report any defects or problems
to the staff.
(10)
Producers found to be misusing or abusing the equipment may
be asked to repeat training or testing and/or be subject to loss of
privileges.
(11)
No food or drink shall be brought into the studio, control room,
or mobile van. Smoking is also prohibited in these areas.
(12)
SCTV staff may waive certain of the equipment and facility rules
at its discretion.
B.
Use of portable equipment.
(1)
Reservations for equipment use may be made up to one month in advance
and must be made at least one week in advance. Reservations can be
made with staff either in person or by telephone.
(2)
Equipment may be borrowed for a maximum of 24 hours during the week
and 48 hours over the weekend. Longer loan periods must be requested
at the time the reservation is made and will be honored at the discretion
of staff.
(3)
Equipment must be picked up and returned during staff hours. Pickups
and returns must be made at least 30 minutes before the facility closes.
On weekends, equipment must be picked up by Friday at 4:30 p.m. and
returned before 9:30 a.m. the following Monday. Failure to return
equipment when due may result in suspension of user privileges.
(4)
Persons holding equipment reservations must follow these checkout
and check-in procedures:
(b)
Check-in.
[1]
Equipment must be returned on time.
[2]
Any problems with equipment or damage should be noted on the
equipment checklist and brought to the staff's attention.
[3]
Both the user and the staff person checking in equipment must
initial the equipment user form, to confirm both that the equipment
has been returned and the condition in which the equipment is returned.
(5)
Users are responsible for loss or damage due to negligence or abuse
while the equipment is checked out to them.
(6)
Users with equipment already checked out will not be allowed to check
out additional equipment unless special arrangements are made with
staff.
(7)
Eligible users under the age of 18 who wish to borrow portable equipment
must be accompanied by a parent, guardian, or a qualified adult access
user who signs a release stating that the adult accepts responsibility
for the equipment and its use by the minor.
(8)
Only in special cases and with staff permission can users take equipment
outside of the community being served by this SCTV facility.
C.
Use of studio.
(1)
In order to schedule the studio and control room, a community user
(and all crew members) must be certified for studio production.
(2)
A minimum of three weeks' or 21 clear days' notification for scheduling
of a studio production is required.
(3)
All required formatting and facility request forms must be filled
out by the user and approved by staff before the studio will be scheduled.
(4)
Producers are entitled to a maximum of three hours per session with
a maximum of six hours per week in the studio, post-production or
editing facilities. Scheduled studio time includes the time needed
to put up and break down the set.
(5)
Users must show up on time for scheduled studio productions and must
have the studio and control room equipment and set put away before
the end of the scheduled time period. SCTV staff recommends that users
allow at least one hour before and after the time needed to tape the
actual production for set up and cleanup of the studio. Additionally,
staff recommends that users schedule time within the scheduled studio
time to brief the crew and talent on the planned production.
(6)
Scheduled studio productions will be cancelled if the production
crew does not show up within 30 minutes after the start of the scheduled
facility time.
(7)
Users under the age of 18 who wish to schedule the studio or participate
in a studio production must have written permission from their parent
or guardian.
D.
Use of editing and post-production facilities.
(1)
In order to schedule and use the editing or post-production facilities,
a community user must be properly certified for such use.
(2)
Requests for use of the SCTV post-production or editing equipment
shall be made at least 48 hours in advance, subject to discretion
of staff.
(3)
All required forms for facility use must be completed before the
facility is scheduled.
(4)
Users under the age of 18 who wish to schedule the editing and post-production
facilities must have written permission from their parent or guardian.
(5)
Producers are entitled to a maximum of three hours per session with
a maximum of six hours per week in the studio, post-production or
editing facilities.
SCTV will attempt to honor all requests for channel time scheduling
in accordance with the following procedures. Subsection A applies
to all programs submitted for cablecast. Subsection B applies to local
programs produced at the SCTV facility. Subsection C applies to prerecorded
programming not produced at the SCTV facility. Any conflicts over
program scheduling will be settled based on the rules and scheduling
priorities.
A.
General procedures.
(1)
Scheduling.
(a)
Requests for channel time shall be processed on a fair and equitable
basis. The appropriate channel time scheduling form should be used
to schedule a cablecast. An access user may specify alternative dates
and times for the initial request.
(b)
Channel time scheduling requests must be submitted at least
four weeks prior to the desired cablecast date. At the discretion
of the program director, and if the desired time slot is available,
the four-week submission rule may be waived to allow the timely cablecasting
of newsworthy events.
(c)
Except for live and series programming, channel time will generally
not be scheduled until a program is complete.
(d)
If scheduling allows, a taped program may be repeated two times
during any weekly period, for a total of four cablecasts.
(e)
Tapes scheduled for cablecasting must be brought to the staff
at least 48 hours prior to the scheduled cablecast.
(2)
Cablecasting requirements.
(b)
Technical standards.
[1]
Screening. SCTV staff will screen the submitted tape only for
the purpose of determining whether it meets minimum quality standards
for cablecast. Because most tapes are produced by nonprofessional
users, tapes are not expected to meet regular TV broadcast standards.
For example, problems with color, contrast, etc., which may be cause
for rejection by a broadcast TV station will not usually cause rejection
by the SCTV staff.
[2]
Videotape format. All videotapes supplied for cablecast must
be in the following formats:
[3]
Series scheduling.
[a]
Regularly scheduled series time slots will be allocated at the
discretion of SCTV staff, provided that ample time remains available
for other community programming requests.
[b]
Series will be allowed for a maximum of six programs, after
which reapplication will be required. Reapplication will be considered
with respect to other scheduling demands.
[d]
If a series producer regularly fails to have the program ready
for scheduled cablecast, the SCTV staff may, at its discretion, assign
the time slot to other users.
B.
Scheduling programs produced locally.
(1)
The channel time request form must be filled out at least two weeks
prior to the desired cablecast date.
(3)
Program credit for underwriting and grants of locally produced programs.
(a)
Underwriting for programs must be for goods, services, in-kind
contributions and/or donations that aid in developing or improving
programs.
(b)
Credit for underwriting should be as follows: "This program
was made possible through a grant by _______________" or "Goods and
services used in this program were contributed by _______________."
(c)
Only the name of the underwriter or donor, not the product,
service, or contribution, can be listed in the credit. Such credits
can only be shown before and after the program.
(d)
Verbal credit to donors and underwriters during a program is
not permitted.
(e)
SCTV credit must be included in the closing credits.
(f)
SCTV staff must be informed, in advance, of any such underwriting
and consulted about the proper format for underwriting credit.
C.
Scheduling prerecorded material.
(1)
Prerecorded material is programming not produced at the SCTV facility.
Such programs will only be scheduled at the request of a community
user.
(2)
A completed prerecorded channel time request form shall be submitted
at least four weeks prior to the desired cablecast date.
(3)
The users are responsible for picking up their tapes within 15 days
after the last cablecast.
(4)
After 30 days, SCTV assumes no responsibility for tapes left on the
premises.
Public access channel and facility time are provided on a first
come, first served, nondiscriminatory basis to any resident, organization
or any other community user filing a request, in accordance with the
operating rules. It should be understood, however, that since this
is a shared community resource, specific channel time and equipment
use requests cannot always be guaranteed. Moreover, channel capacity
for public access is itself subject to use of channel capacity for
governmental access. Governmental access programming has priority
over public access programming.
A.
FIRST-TIME USER
INDIVIDUAL USER
ORGANIZATIONAL USER
REGULAR USER
SCHEDULING CONFLICTS
Definitions. As used herein, the following terms shall have the meanings
indicated:
An individual or organization who or which has not used either
the equipment, facilities or channel time during the preceding 12
months.
Any individual who has scheduled equipment, facilities or
channel time in his/her own name.
Any group or organization which has scheduled equipment,
facilities or channel time in its name. An organizational user is
subject to the same weekly facility and channel limitations as individual
users, whether one or several book time in the name of their organization.
An individual or organization who or which has used either
the equipment, facilities or channel on two or more occasions in the
four-week period prior to the current request for scheduling. Regular
users also include those who have used the facilities or channel on
a monthly basis for at least six months prior to the current request
for such use.
When identical requests are received by staff during the
same working day.
B.
Equipment, facilities or channel time scheduling conflicts.
(1)
Scheduling conflicts. In general, equipment, facility and channel
time requests will be scheduled on a first come, first served, nondiscriminatory
basis. In the case of scheduling conflicts, the following criteria,
in order, will be used:
(a)
User who have not been scheduled for their preference of channel
time or facilities/equipment use on two previous requests shall be
given scheduling priority on their next request.
(b)
First-time users shall have priority over regular users.
(c)
Facility use for tape dubbing, practice, or any other personal
purposes shall have the lowest priority and may be bumped from a requested
time slot if facilities are needed for programming.
(d)
If none of the above apply, staff may resolve the conflict at
its discretion.
(2)
All grievances or unresolved conflicts will be settled by the grievance
procedure outlined in these rules.
Public access is a medium for community expression and free
speech. No individual will be denied the use of public access on the
basis of race, sex, age, physical disability, religion or political
belief.
A.
Program content.
(1)
SCTV requires access users to accept full responsibility for program
content. This means that access users, alone, are accountable for
what they communicate. Therefore, access users should become familiar
with local and federal laws and any other regulations that apply to
program content and its cablecast. Obscene programming is prohibited
from broadcast on public access programming, and the other types of
programming described below should not be shown on public access programming:
(a)
Obscene programming.
[1]
For purposes of these rules, to determine whether programming
is obscene, the following test shall be applied:
[a]
Whether the average person applying local community
standards would find that the work, taken as a whole, appeals to the
prurient interest;
[b]
Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by applicable state
law; and
[c]
Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
[2]
Obscene programming is prohibited. The access programmer must
certify to SCTV that its programming contains no obscene material.
(b)
Indecent programming. For purposes of these rules, indecent
programming is programming that describes or depicts sexual or excretory
activities or organs in a patently offensive manner as measured by
contemporary community standards. The access user or programmer should
certify to the cable operator that its programming contains no indecent
material.
(c)
Programming soliciting or promoting unlawful conduct. The access
user or programmer should certify to the cable operator that its programming
contains no material soliciting or promoting unlawful conduct.
(d)
Material which constitutes libel, slander, or invasion of privacy
or which might violate any other local, state or federal law.
(e)
Programs containing material which violates copyright, trademarks
or service marks. Use of such material generally requires obtaining
appropriate rights from music licensing organizations, publishers,
representatives, copyright holders, broadcast stations, networks and
any other person as may be necessary for cablecast. Users may be asked
to furnish written authorization for use of such materials.
(f)
Program material that creates the immediate danger of damage
to property or injury to persons, or the substantial obstruction of
law enforcement or other governmental functions or services, or the
deprivation of a legal right of a person by threat, threat of force
or physical action, or the creation of a public nuisance.
(g)
The direct or indirect presentation of lotteries or lottery
information, except for announcements pertaining to state-sponsored
lotteries.
(2)
Public access programming is, by tradition, nonprofit and noncommercial.
The channel time and facilities are provided in order to benefit the
community. An alternative avenue for expression of commercial, for-profit
expression is provided for under the leased access provisions of federal
cable law. Leased access is channel capacity to be set aside for commercial
purposes. Accordingly, programming which is commercial should be aired
on leased access channels. Therefore, access programs should not contain
the following:
(a)
Advertising material designed to promote the sale of commercial
products, businesses, services, or individuals.
(b)
Direct sales or provision of commercial products, businesses
or services during a program.
(c)
Material which identifies any product, service, trademark or
brand name in a manner that is not reasonably related to the noncommercial
use of such in the program and which promotes the commercial gain
of such products, services, trademarks or brand names.
(d)
The direct solicitation of funds without first receiving permission
from SCTV.
(3)
Labeling of sensitive material.
(a)
If an access user makes a good faith determination that the
subject material in a program may offend some viewers and/or may not
be appropriate for children, SCTV requires that the following announcement
be added to the beginning of the program: "The following program may
contain sensitive material. Viewer discretion is advised."
(b)
At its discretion, SCTV may insert the following disclaimer
between programs: "The following program is not a production of SCTV
and does not reflect the views and opinions of SCTV or its employees."
B.
Federal Communications Commission (FCC) regulations regarding political
and issue-oriented programs.
(1)
FCC regulations applying to political candidates and issues do not
apply to public access. The two best known rules are the equal opportunity
or equal time rule, which applies to political candidates, and the
fairness doctrine (no longer in force), which stated that a broadcast
programmer must give time, not necessarily equal time, to diverse
sides of an issue. The FCC personal attack rule also does not apply
to public access.
(2)
Political candidates and access.
(a)
Since FCC regulations concerning equal time for political candidates
do not apply to public access programming, SCTV places no restrictions
on use of channels and facilities by political candidates, other than
those applying to normal and equitable use of channel scheduling and
facility time. SCTV specifically reserves the right to impose content
neutral, reasonable time, place and manner regulation on political
candidate access by appropriate scheduling.
(b)
No paid advertising will be accepted on behalf of candidates
for public office or political parties on SCTV. This includes advertising,
promoting and/or opposing ballot issues by supporting groups or lobbying
organizations.
(3)
Coverage of public affairs issues and access. Public access users
are under no legal obligation to show any viewpoint other than their
own. Community residents with diverse viewpoints are encouraged to
use public access to express those views.
Both the public access producer and SCTV have the following
rights with regard to programming produced using the facilities and
equipment provided by SCTV:
A.
SCTV program rights in public access programs produced using SCTV
equipment and facilities.
(1)
To retain the edited master of the program in its tape library.
(2)
To make duplications of the program for noncommercial distribution,
except where permission has been expressly denied in advance. Producers
will always be given graphic credit in the videotape of such use.
(3)
To cablecast the program as often as is deemed appropriate.
B.
Public access produced program rights.
(1)
Ownership of rights to all original material.
(2)
To select a minimum of one program date and time for cablecast in
accordance with scheduling priorities.
(3)
To book facility time in order to make one duplicate tape of the
program produced. Fees for additional duplication will be charged.
(4)
To request that program master videotapes held by SCTV be discontinued
from cablecast or erased in the event that program information becomes
outdated or obsolete.
(5)
To play or distribute the videotape for nonprofit purposes only,
provided that SCTV is given graphic credit within the videotape of
each cablecast date or play.
C.
Videotape ownership.
(1)
SCTV videotapes. SCTV provides videotapes for use during training
and workshops and for working and for master tapes of programs being
produced with SCTV equipment. These videotapes remain the property
of SCTV.
(2)
Videotapes for copies. Videotapes for making duplicate (dubs) of
program masters or any other tapes must be purchased or provided by
the individual or group making the dub.
D.
Restrictions.
(1)
Personal profit and commercial use.
(a)
Individuals, community organizations or any other community
users may not use the program or any of its outtakes for personal
profit or gain without the express written permission of SCTV.
(b)
SCTV may require that a producer share such profits in order
to compensate for the facilities, equipment, tape supplies, and staff
time that were provided to the producer.
(c)
Community users found to be using the facilities or equipment
for personal profit without prior permission will be subject to loss
of privileges.
(2)
Other duplications. Other than the right to assign to SCTV, only
the program producer has ownership and duplication rights for each
program. Other individuals or organizations should make duplication
arrangements with the program producer, unless SCTV has prior written
authorization for such duplication from the producer.
A text information service is available, free of charge, to
nonprofit organizations providing public service announcements and/or
event information to the community.
A.
Procedure for placing community bulletin announcement.
(1)
To place a message on the calendar, complete the community calendar
request form and return by mail or bring in person to SCTV studio.
(2)
Message requests should be submitted two weeks prior to the desired
starting date.
(3)
Messages will run at least one week prior to a scheduled event. Messages
will be removed the morning after the event has occurred or the first
workday thereafter.
(4)
General messages that do not pertain to a specific event will be
shown as long as possible, depending upon space available. In order
for the message to be renewed, a request must be refiled.
(5)
No solicitation of funds nor event price information may be given.
Phone numbers for the purpose of obtaining further information are
permitted.
(6)
All other rules regarding limitations on content apply to messages
in cablecast.
A.
Informal.
(1)
Any grievance regarding assignment of workshop space, channel time
allocation, equipment and studio use, or any other matter regarding
SCTV facilities should first be discussed with the program director
or applicable staff person.
(2)
If that consultation does not result in an acceptable solution, a
formal grievance may be filed pursuant to the formal grievance procedure
described below.
B.
Formal.
(1)
Any person aggrieved by a decision enforcing or interpreting these
procedures who is unable to resolve that grievance by the informal
procedure outlined above may file a written appeal to the Board of
Selectmen describing the nature of the grievance and describing what
procedure and operating rules are implicated by the appeal. The Board
of Selectmen may, at its discretion, hear the appeal under this article
or designate that the appeal be heard by another authority. The Board
shall have discretion to appoint an ad hoc hearing authority or designate
that the appeal be heard by a standing or already constituted authority.
(2)
The Board of Selectmen or its designee shall, within 30 days of receipt
of such a writing, hold a hearing on the grievance. The program director
of SCTV shall be provided a copy of the written grievance and shall
present the position of SCTV at the hearing.
(a)
No formal rules of evidence or procedure shall be required for
such a hearing, but the Board of Selectmen or its designee shall hear
all evidence it deems relevant and shall permit both parties to address
the issues raised by the grievance.
(b)
The Board or its designee may consider testimonial, documentary
or other types of evidence.
(c)
Within 30 days of the close of such a hearing, the Board of
Selectmen or its designee shall issue a writing deciding the grievance.
[1]
The decision of the Board or its designee shall be based on
the evidence submitted to it at the hearing.
[2]
The decision may grant the grievance, deny the grievance, or
neither grant nor deny the grievance but modify the interpretation
and actions of SCTV in interpreting or enforcing the operating rules.
(d)
The decision shall remand the matter to the SCTV program director
for action consistent with the decision of the Board of Selectmen
or its designee on the grievance.
SCTV will maintain a complete public record of all persons,
groups or organizations requesting the use of channel time facilities
and/or equipment. These records will be made available to the public
for inspection during normal business hours. All records will be kept
a minimum of two years. Access to these records shall be governed
by RSA 91-A, the New Hampshire Right-to-Know Law.
