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04. Resolution 5279 - Government Access Channel Policyk-"Ity of Kalispell Post office Box 1997 - Kalispell, Montana 59903- 997 - Telephone 0658 -7000 Fax - = 0 5 - 7758 REPORT TO: Honorable Mayor and City Council FROM: Katharine Thompson, Assistant to the City Manager James H. Patrick, City Manager SUBJECT: Cable Channel 9 M EETWG DATE: May 5, 2008 BACKGROUND: In the past, the City of Kalispell has relied on Bresnan Communications to televise Kalispell City Council meetings and to find or create additional progranuning to fill the remaining airtime throughout each week for Cable Channel 9. with the franchise agreement entered into on September 4, 2007, it is now the City's responsibility to set policy for and operate Cable Channel 9. The Federal Communications Commission (FCC) allows such channels be used for public, educational and governmental (PEG) use or for governmental use only in which case it isreferred to as a government access channel (GAC). Briefly, these uses are defined as: Public access channels are available for use by the general public. A public access channel requires that opposing viewpoints be given equal time and that this time be closely monitored for equity. Educational access channels are used by educational institutions for educational programming. Govemment access channels are used for programming by local government. The franchising authority directly controls the channel and uses the channel to communicate information of import to area residents. At the April 7, 2008 Council work session, these options were discussed with the general feeling that the Government Access Channel was the appropriate direction. Councilman Klusner also requested a business plan for Channel 9 operations as it expands to other local governments. This plan is attached. R.EC O NDAI`ION,* Staff recommends that the City of Kalispell utilize Cable Channel 9 as a Government Access Channel and Council adopt the attached Resolution. Government Access Channel designation will allow the televising of such information as Council meetings, Planning Board meetings, a calendar of meetings, Parks and Recreation schedule of events, Public works notices, board vacancies, and meetings of other area local governments. No political programming will be a flowed. Respectfully submitted, Katharine Thompson Assistant to the City Manager James atrick City Manager RESOLUTION NO, 5279 A RESOLUTION ESTABLISHING A POLICY FOR THE "KALISPELL GOVERNMENT ACCESS" TELEVVISION CHANNEL. WHEREAS, the City of Kalispell entered into a Franchise Agreement with Bresnan Communications on September 4, 2007, which included a provision that gave the City of Kalispell access and administrative control over the local "Channel 9" Government Access television station; and WHEREAS, it is in the best interests of the citizens of Kalispell that the City of Kalispell establish a policy which details how the Government Access channel will be managed and operated; and WHEREAS, the Kalispell City Council finds that the written policy of management and operation of the Government Access Channel, attached hereto as Exhibit "A" is in the best interests of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City Council of the City of Kalispell hereby adopts the policy, attached hereto as Exhibit "A", for the Kalispell Government Access Channel. SECTION II. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF MAY, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa white City Clerk EXHIBIT "A" KALISPELL GOVERNMENT ACCESS CHANNEL POLICY MISSION STATEMENT The City of Kalispell's Government Access Channel 9 will strive to keep residents of the Flathead Valley informed of the services, programs and activities of the City of Kalispell, and other local governing bodies through the video medium.. The primary purpose of Kalispell Government Access Channel 9 is to provide coverage of a variety of meetings of boards and commissions of the City of Kalispell and to other local governments within the reasonable constraints of time. The purpose is to augment the local government's statutory and constitutional mandate to provide the public with meaningful access to its governmental processes. other programming will be used to provide residents with direct, non -editorial information and to provide public information materials sponsored by the City of Kalispell or other governmental entities. Priority will be given to programs or announcements concerning public safety, health or welfare information. The cable channel is not intended to be a political forum nor a mechanism for building support for a particular policy, program or issue. PRIORITIES The following general priorities will apply to Kalispell Government Access Channel 9 and may be altered on a case by case basis by the City Manager's office. 1) Programming of an emergency nature, involving public safety, health or welfare matters, 2) Programming of or about meetings of the policy -making bodies of the City of Kalispell, such as the City Council, 3) Programming of Flathead County, or other municipalities, or state or federal government agency, or other agencies and authorities that use public dollars, 4) Programming of various departments and their services, 5) Programming produced outside sources relevant to local government. MANAGEMENT Management and programming of the City of Kalispell's Government Access Channel 9 is provided by the City of Kalispell, administered by Kalispell Television Staff. Decisions regarding programs or schedules may be appealed to the City Manager. POLITICAL PROGRAMMING No political advertising will be permitted on Kalispell Government Access Channel 9. Factual information on any ballot issue directly affecting the local residents may be permitted. EDITING POLICY Public meetings shall not be edited nor subjected to editorial comment. Programs produced in the studio that summarize legislative activity may include edited segments of meetings previously shown in their entirety. Full editorial control of programs will be made by the City of Kalispell Television staff. Any video submitted to the Kalispell Government Access Channel 9 may be modified or edited as appropriate. Bulletin board messages may be submitted by appropriate user departments, agencies and individuals who are representatives of a local governmental entity serving the City of Kalispell area. Editing by the Kalispell Television staff to provide clarity and maximum utilization of pages available may be required. The City of Kalispell shall not be held responsible for the accuracy of any information cablecast over the channel that was submitted by outside sources. PROMOTION AND ENDORSEMENT Promotional announcements for governmental sponsored events, programs and activities will be permitted on the Kalispell Government Access Channel 9. RETENTION AND OWNERSHIP OF MATERIAL All video tapes, DVDs or CDs or any other medium submitted and content are the property of the City of Kalispell. A copy of all completed programs will be maintained by the City of Kalispell for a period of one year. As a general policy Kalispell Television Staff will not retain original, unedited videotapes of staff produced programs, meetings and events. At any time, tape originals may be reused and the original material erased at the discretion of the Kalispell Television Staff. Video tapes shall not be considered an official record of any meeting and there shall be no liability for inadvertent erasure or omissions. COPY REQUEST Copies of televised programming requested by the public will cost $15 per DVD. Only copies of the entire program will be available. Franchise Fee 2008-2009 Revenue 2.008-2009 Anticipated Expenses Personnel Services Equipment Purchases Phone Contract Services Programming Total M&O Remainder to General Fund City of Kalispell Government Access Channel Funding $29,789 $ 5,000 $ 400 $ 2,500 $ 11000 $38, 689 $116,311 Potential Contract with Outside Agencies Potential Revenue Personnel Services $14,895 Equipment $ 31000 Total $17,895 8% Administration Fees $ 11432 Total Contract $19,327 $155,000 $ 19,327