PIKE TV
By-Laws
The PikeTV is a local government broadcasting organization jointly created by the City of Pikeville and Pike County Fiscal Court, governed under the laws of the Commonwealth of Kentucky and Federal Government, and has, by proper action of its Board of Directors (Sometimes referred to as the “Board”), adopted for its government the following amended By-Laws:
ARTICLE I
NAME
The name of the Organization shall be “PikeTV” and is sometimes referred to in these By-Laws as “the Organization.”
ARTICLE II
STAKEHOULDERS
PikeTV shall be “owned” by Stakeholders who shall each appoint members of the Board of Directors who shall govern the Organization. The City of Pikeville and the Pike County Fiscal Court are the primary Stakeholders of PikeTV and shall each appoint two members of the Board of Directors as prescribed later in these Bylaws. The Pikeville Main Street Program, the University of Pikeville, and the Pikeville Medical are each also Stakeholders and each shall appoint one member to the Board.
ARTICLE II
“THE PURPOSE”
Section 1. The purpose for which this Organization is formed is
a. To develop professional quality programming for cablecast on PikeTV.
b. To increase citizen access to governmental meetings in Pike County.
c. To provide informative television programs of interest and value to residents which are not otherwise available or provided by other sources.
d. To provide programming through which the quality of community life may be improved, and viewership of the governmental and educational access channel may be increased; and
e. To distribute funds in connection with any activities related to the above purposes.
Section 2. No part of the net earnings, or fund balance of the Organization shall inure to the benefit of any of its directors or any other individual; except as provided by the normal course of the Organization in implementing its purposes, as outlined in Article II, Section 1. The Organization shall not participate on behalf of any candidate for public office, and the Organization shall not endorse or lobby for or against any issue other than those which specifically relate to the purpose set forth herein.
Section 3. In the event of dissolution of the Organization, no board member or director shall be entitled to any distribution or division of the Organization’s property, and the proceeds of monies, equipment or capital goods and other property received by the Organization after the payment of its debts. All mentioned assets shall be given back to the granting agency from where it came.
ection 4. The Board of Directors shall, from year to year starting July 1st of each year, establish annual Stakeholder fees as it deems appropriate to cover operating cost. Such establishment of fees shall include method of payment. Said payment set shall be due in full by July 30th of the same year. The yearly Stakeholder fees shall not exceed $50,000 per year; however, any Stakeholder wishing to contribute above the yearly minimum fee may do so. All payments shall be made to the Pike TV Channel Manager with the full understanding that the Channel Manager will then deposit ALL funds granted into the PikeTV Organization’s account for the purpose of operation of the PikeTV Government Channel.
Section 5. To become a Stakeholder of PikeTV, an organization interested in supporting the purposes of PikeTV shall make its request to the Board of Directors. The Board will then make a recommendation to the Pikeville City Commission and the Pike County Fiscal Court. Both local government agencies must agree by action of motion to approve and accept any additional Stakeholders.
Section 6. Any Stakeholder may resign from membership in the Organization upon giving written notice thereof to the Secretary of the Organization. Such resignation shall specify the reason thereof and effective as of the date thereof. Members who resign from the membership shall not be entitled to any refund of fees and the Organization’s Board member will be withdrawn from the Board of Directors immediately.
Section 7. The Board shall suspend the voting privilege and membership of any Stakeholder who is in default of their financial obligations to the Organization.
Section 8. To remain in good standing, members of the Board must have paid all fees paid in full by the specified date. Any agency that has an appointment to the Board and does not meet the payment terms will be automatically suspended from the Board and will lose its seat as a member of the Board. An exception to this rule shall be made for the Main Street Chairman and the University of Pikeville appointments. To maintain a seat on the Board of Directors, the Main Street program shall agree to act as a pass-through agency for the Organization for various grant funding requests. To maintain a seat on the Board, the University of Pikeville shall adhere to the terms and conditions as set forth under Article V, Section 6.
Section 9. The initial fees starting from May 1 until July 31 shall be in the amount of $10,000 per the approved sponsorship as outlined in Article IV. Thereafter starting July 1, 2010, through June 20, 2011, the initial fee shall be $40,000 due as outlined in Section 4 in Article II.
Section 10. In the event the City of Pikeville or Pike County Fiscal Court withdraws as a member of this Organization, or fails to meet the financial requirements as outlined under Article II and therefore loses their right to be a participant in programming and their seat on the Board, both agencies shall agree to allow the Organization to continue to utilize the Government Channel as long as their cable franchise agreement shall allow a Government Channel to exist under the terms and conditions as set in these by-laws and the joint resolution passed by both agencies. Both agencies further agree that they will do nothing to hinder the continuance of the Government Channel and will continue to negotiate now and into the future in good faith with each cable provider to ensure the continuance of a Government Channel for this Organization and the entire community exists.
ARTICLE III
MEMBERSHIP MEETINGS
Section 1. In the regular meeting of the Board in each calendar year during the month April, the Board of Directors shall elect the officers of the Organization and transacting such other business as may be properly brought before the meeting.
Section 2. Special meetings shall be held at any time and place within Pike County as may be designated in the notice of said meeting, upon call of the Chairman of the Board or upon written petition by a majority of the active board members.
Section 3. Written notice of every meeting, stating the place, date, and hour of the meeting, shall be given either personally or by mail to each member at least 7 days, and no more than 20 days prior to the date of the meeting.
Section 4. A majority of the total number of the Board present shall constitute a quorum for the transaction of business at all meetings, except as otherwise provided by statute or by these By-Laws. If a quorum is not present at any meeting of the members entitled to vote, the members may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. If the adjournment is for more than 30 days, a notice of the adjournment meeting shall be given to each member.
Section 5. When a quorum is present at any meeting, the vote of a majority of the members present in person shall decide any questions brought before such meetings, unless these By-Laws require a different vote, in which case such express provisions shall govern and control the decision.
Section 6. Robert’s Rule of Order Newly Revised shall govern the parliamentary procedures of the Organization when not in conflict with these By-Laws.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. The Organization shall be governed by a Board of Directors (hereinafter referred to as the “Board”), which shall be appointed by the Stakeholders. Members may be increased or decreased as outlined under Article II, Section 5. Because the City and County are the official sponsors of the government channel, they shall have two appointments on the Board as listed. The current membership of the Board shall be appointed as follows:
1. The Mayor of the City of Pikeville or the Mayor’s designee or proxy.
2. The City Manager of the City of Pikeville or the City Manager’s designee or proxy.
3. The County Judge Executive of Pike County or the Judge’s designee or proxy.
4. A Commissioner of the Pike County Fiscal Court as elected by the membership of the Fiscal Court or the Commissioner’s designee or proxy.
5. The Chair of Main Street Board or the Chair’s designee or proxy.
6. The President of the University of Pikeville or the President’s designee or proxy.
7. The CEO of Pikeville Medical Center or the CEO’s designee or proxy.
These participating Organizations are referred to as Stakeholders.
All Board members shall be determined by the office they hold. As they vacate their official office and or position their appointment shall expire on that day. The person who is elected or appointed to take the office shall then automatically become a member of the Board on the date they take office or position.
Any designee or proxy may be replaced at any time by the appointing authority with notice to the Chair of the Board.
Section 3. The Channel Manager shall be a non-voting member of the Board and shall be present at all meetings of the Board.
Section 4. The Board of the Organization shall hold a meeting on the 4th Wednesday of each month to begin promptly at 4 PM unless circumstances dictate that the meeting is not possible or not practical as determined by the Chair. The Chair or majority of the Board may also call special meetings following the Kentucky open meeting law at some time and location within Pike County as the Board may designate. Regular meetings shall be held not less than six (6) times each year. Special meetings of the Board may be called by the Chairman, or by a majority of Directors.
Section 5. At the regular meeting of the Board in May of each calendar year the Board shall conduct a financial review of the Organization and provide guidance to the Channel Manager for the budget for the next year. In the June meeting of each year the Channel Manager shall propose a budget which the Board may amend and then adopt for the coming fiscal year.
Section 6. At all meetings of the Board, a majority of the voting members shall constitute a quorum for the transaction of business. A majority of the members present will be required to pass any motion made and seconded.
Section 7. All new members of the Board shall participate in an orientation program familiarizing them with the goals and objectives of the Organization and with their responsibilities.
Members of the Executive Board or their designees or proxies are expected to attend the meetings of the Board.
ARTICLE V
PERSONNEL & MANAGEMENT
Section 1. The Channel Manager shall manage the daily operations of the TV station. The Channel Manager shall be responsible for coordinating the implementation of the Organization’s purpose, policies and projects, and such other duties as the Board may require. The Channel Manager will receive for his or her services such compensation as may be determined by the Board.
Section 2. The Channel Manger shall serve at the pleasure of the Board. (The Board can hire and terminate the Channel Manager.) The Channel Manager shall be an employee of The University of Pikeville. All payment of salary and benefits shall be paid by the Organization to the University of Pikeville for payroll and benefit expenses.
Section 3. The Channel Manager, with the approval of the Board, may recommend additional employees for the Organization as long as the Organization has the financial resources to pay for said personnel. Just compensation shall be set by the Board. Additional employees shall also be employed by the University of Pikeville. All payment of salary and benefits will be paid by the Organization to the University of Pikeville to cover expense for payroll and benefits.
Section 4. It is understood by the University of Pikeville that all employees paid with funds from the Organization shall be devoted full-time to working on projects relating solely to PikeTV.
Section 5. It is understood that the University of Pikeville shall be the managing agent and facilitator for the Organization. The University of Pikeville shall take direction regarding PikeTV from the Board. The University of Pikeville shall be required to follow all guidelines set forth in the PikeTV Goals Statement & Operating Policies dated, November 13, 2018, and Programming Sponsorships Policy dated November 13, 2018 as adopted by a joint resolution by the Pikeville City Commission and the Pike County Fiscal Court.
Section 6: The University of Pikeville has agreed to set up a Communications and Broadcasting Program as part of its curriculum. The University of Pikeville shall be permitted to utilize all of PikeTV’s equipment and facilities in order to produce and edit content for PikeTV. The Channel Manager, who is an employee of the University of Pikeville, shall be responsible for scheduling of content, producing and editing content and placing content on PikeTV as outlined under the PikeTV Goals Statement and Operating Policies. The University of Pikeville shall be permitted to use their facility and students to accomplish these duties. By the University of Pikeville adhering to these terms and conditions as set forth in this section, their services shall be considered as “In-kind” contributions and therefore the University of Pikeville shall not be required to contribute any other financial aid as outlined under Article II of this document in order to be a participant of this Organization and to retain a seat on the Board as outlined under Section IV.
ARTICLE VI
OFFICERS
Section 1 The officers of the Organization shall be elected annually by the Board and will consist of a Chair, a Vice-Chair, a Secretary, a Treasurer, and such other officers and assistant officers as may be deemed necessary. All officers will be a non-paid position.
Section 2 Officers shall be elected at the April meeting of the Board. All officers may be nominated by any board member. All officers then will be elected by a majority of the eligible voting members present at the meeting.
Section 3. Except as hereinafter provided, the officers of the Organization shall each have such powers and duties as generally pertains to their respective offices, as well as those of that from time to time may be conferred by the Board.
a. Chair. The Chair shall preside at all business meetings. The Chair shall perform such duties as are usually incumbent upon that officer, and such as may be directed by resolution of the Board and shall generally coordinate the work of the officers,
b. Vice-Chair. The Vice-Chair shall have such duties and responsibilities as the Chair or Board may from time to time prescribe, and shall perform the duties of the Chair in the absence or disability of that officer to act.
c. Secretary. The Secretary shall record and maintain, or cause to be recorded and maintained, in good order Minutes of all meetings and all records and correspondence of the Organization, and shall mail or e-mail copies of the Minutes of each membership meeting to all members within 60 days from the conclusion of each meeting; and shall mail or e-mail copies of the minutes of the Board meetings to all Board members within 15 days from the conclusion of each Board meeting. The Secretary shall also have such other duties as may be assigned by the Board. The Secretary does not have to be a member of the Board but must be appointed by the board. The Channel Manager may serve as Secretary of the Organization at the discretion of the Board.
d. Treasurer. The Treasurer shall maintain in good order all financial records of the Organization. The Treasurer shall also have such other duties as may be assigned by the Board. The Treasurer shall present a financial statement at every meeting of the Board and at such other times as requested by the Board and shall make a full report at the April meeting. The Treasurer’s accounts shall be examined by an Auditor or an Auditing Committee of the Organization at least annually. The Treasurer does not have to be a member of the Board but must be appointed by the board. An Auditing Committee may be appointed by the Board. The Channel Manager may serve as Treasurer of the Organization at the discretion of the Board
ARTICLE VII
FINANCES
Section 1. The Board must authorize and approve the execution of all checks, drafts, and other instruments for the payment of all money and all instruments of transfer of securities. All transactions will require to be signed in the name of and on behalf of the Organization by the Chair or Vice-Chair and one other member of the Board as determined by the Board except that certain ordinary bills which need to be paid before a Board meeting may be paid before the board meeting by approval of the Chair or Vice-Chair not to exceed $2,000.
Section 2. All funds of the Organization shall be timely deposited to the credit of the Organization in such banks, trust companies or other depositories as the Board may select.
Section 3. The Board may accept on behalf of the Organization any contributions, bequests, or device for the purposes or for any special purpose of the Organization.
Section 4. All funds in the bank account for the Organization shall be spent only on labor, equipment and other operational expenses as approved by the Board following the procedure as outlined under Article VII, Section 1.
Section 5. The Channel Manager will be responsible for presenting a financial report at each monthly meeting for the Board to approve. A full financial report shall be presented for the entire previous year during the July meeting.
Section 6. The organization may provide contractual video services not meant for broadcast on Pike TV to private businesses.
Section 7. The Board may approve providing video services meant for broadcast on Pike TV for other not-for-profit businesses which are providing services which would be of benefit to the people of Pike County. The Board may set a fee for these services commiserate with the cost of production and proportion of airtime these services receive. These participants shall be referred to as Partners.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. The fiscal year of the Organization shall begin on the 1st day of July of each year.
Section 2. Stakeholders of the Organization may solicit sponsorship for all of their programming to be used to reduce the Stakeholders cost however, all members must follow the “Sponsorship Policy” & “Operation Policy”, November 13, 2018, as adopted by joint resolution by the City of Pikeville and Pike County Fiscal Court. A “Schedule of Fees” for sponsorship for all programming shall be recommended by the Channel Manager and presented to the Board for approval. All members shall be required to follow the fee schedule as approved by the Executive Board. All funds generated by any member MUST be paid directly to the Organization. These fees shall be placed into a separate interest-bearing account approved by the Board. These fees shall be placed into the Organization’s general fund account on July 1st of each year. Any sponsorship fees that a member has generated may then be deducted from the next year’s annual sponsorship fee total. The Organization may solicitate contributions from for-profit-companies which will be acknowledged by a short statement between programs. These statements may not be injected into the body of any program.
Section 3. Not later than three (3) months after the close of each fiscal year the Organization shall prepare a statement of the source and application of funds showing the results of the operation of the Organization during the fiscal year will be presented to the Board during the September meeting.
ARTICLE VIII
PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these By-Laws and any special rules of order the Board may adopt, and any statutes applicable to the Board.
ARTICLE X
AMENDMENTS
Any amendments to either the PikeTV Goals Statement & Operating Policies or the Programming Sponsorship Policy dated November 13, 2018, must be approved by a joint resolution by the Pikeville City Commission and Pike County Fiscal Court.
Any amendments or repeal to the By-Laws, or adoption of new By-Laws must be done so by a joint resolution adopted by both the Pikeville City Commission and the Pike County Fiscal Court. The By-Laws shall be reviewed annually by the Board.
OPERATING POLICIES
PIKE TV
GOALS STATEMENT & OPERATING POLICIES
GOAL STATEMENT
PIKETV will accomplish its mission through the following goals:
1. To develop professional quality programming for cablecast on PIKETV.
2. To increase citizen access to governmental meetings in Pike County.
3. To inform citizens on the operations and activities of the City of Pikeville Government, Pike County Government, the University of Pikeville, Pikeville Medical Center and other not for profit entities admitted to membership by the Pikeville City Commission and the Pike County Fiscal Court upon the recommendation of the Board of the Organization.
4. To provide informative television programs of interest and value to residents which are not otherwise available or provided by other sources.
5. To provide programming through which the quality of community life may be improved, and viewership of the governmental and educational access channel may be increased.
OPERATING POLICIES
Stakeholders will be responsible for developing programs which inform the citizens of Pike County about their operations which affect the citizens and other programing which Stakeholders believe would be helpful to the citizens.
The Channel Manager is responsible for implementing these ideas and requests and is also responsible for generating program ideas which would be informative to the citizens, and for implementing and overseeing their production, either directly, or by delegation. All programming decisions are to be made by the Channel Manager according to these policies and guidelines.
Program Requests & Eligibility
1. The City of Pikeville, Pike County Government, the University of Pikeville, and Pikeville Medical Center may request programs or airtime to be provided by PIKETV.
2. PIKETV is not a public access channel provided for residents, organizations, and civic groups.
3. PIKETV may collaborate with other public agencies and similar organizations to develop programming that further serves the public interest, as determined by the Channel Manager. These organizations may include, but are not limited to, non-profit organizations, other government agencies and community organizations.
4. Requests must be made in writing. Requests may be made via e-mail. Requests for programming will be responded to within ten (10) days of the request.
Programming
Production of quality video programming requires experienced technical support. A goal of the PIKETV staff is to assist the City of Pikeville Government, Pike County Government, the University of Pikeville, and the Pikeville Medical Center in producing quality informative video programs.
New programming must meet at least one (1) of the following criteria to be eligible for production:
The programming is about the City of Pikeville Government, Pike County Government, the University of Pikeville or the Pikeville Medical Center or their employees, their elected officials, their appointed officials; a Pikeville or Pike County resident; and/or a University of Pikeville student.
The programming is a non-commercial public service to residents of Pike County.
The programming serves to promote Pikeville and Pike County as a community.
The programming serves as communication from the City of Pikeville Government, Pike County Government, the University of Pikeville, or the Pikeville Medical Center to the residents of Pikeville and Pike County.
The programming helps to further a mission of a department or agency of the City of Pikeville Government, Pike County Government, the University of Pikeville, or the Pikeville Medical Center.
Programming will be denied if it does not meet all of the following criteria:
a. The programming shall not include slanderous, lewd, obscene, indecent, or violent material or language. When questions arise as to the admissibility of material or language in this regard, the material will be reviewed subject to state and/or local law, and the FCC definition of “indecent” as “programming that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for a cable medium.”
b. The programming shall not include any material that the Channel Manager determines to be potentially defamatory or slanderous.
c. The programming shall not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which “establishes a [state] religion or religious faith or tends to do so.”
d. The programming shall not include paid advertising. PIKETV is a noncommercial channel. Program underwriters shall only receive credit during the opening and/or closing credits of the program.
i. Paid advertising is defined as anything promoting a product or service, with the primary objective of producing a monetary profit for a specific commercial organization or individual and PIKETV receives payment to air.
ii. This is not to preclude the mention of a business or product, as part of a program, where the primary purpose is to disseminate information of public benefit. Businesses, individuals, and organizations may be acknowledged for assistance in the production of a program or the provision of other means of support.
e. The programming shall not include direct appeals to purchase commercial goods or services.
The programming shall meet technical quality standards including, but not limited to:
i. Master Copies of programs and PSAs must be on one of the following tape formats or an equivalent format: DVCam small tape, professional DV or DVD.
ii. Copies of programs or PSAs submitted to air on PIKETV must be on DVD or a professional DV tape format at the head of the videotape.
iii. The video and audio levels on the tape must meet professional technical standards.
g. The programming shall not include declared candidates for elected office within the time frame of ninety (90) days preceding an election. Candidates for elected office may not use the channel as a part of a campaign effort. This exclusion does not apply to persons who receive airtime as part of official government meeting coverage, special election coverage and coverage of a Mayor or Judge-Executive performing official duties, which warrant cable casting.
i. This exclusion shall not apply to candidates appearing within a program as interview sound bites to help explain a topic, as one of several people interviewed. For purposes of this channel, this is considered to be “news coverage.”
ii. This exclusion shall apply to candidates addressing the television audience directly in a produced segment or program.
iii. This exclusion does not apply to candidates speaking as part of a non-campaign press conference. This is considered coverage of a candidate’s official duties as an elected official.
iv. This exclusion may not apply to candidates unopposed in an election.
h. The programming shall not include copyrighted materials unless written permission has been obtained from the copyright holder. Copyright permission must be obtained for all programs produced by outside sources that are cablecast by PIKETV.
The Channel Manager is responsible for all programming decisions in accordance with these policies and mission statement. In the event an applicant wishes to appeal the decision of the Channel Manager to deny the program request, a written appeal for review of request may be made within ten (10) business days after the initial request has been denied to the Chairman of the Executive Board with a copy to the Channel Manager. A committee comprised of the Executive Board will review the appeal.
Any government body or school using PIKETV resources bears sole responsibility for the content and material used in all programs produced by and for them, including but not limited to obtaining necessary releases, obtaining copyright clearances, and complying with PIKETV policies and procedures.
Programming produced for cablecast on PIKETV shall take precedence over the production of internal communication and training materials. PIKETV may charge for the production of videos for internal use.
Program Content
1. Opinions expressed on the channel may not necessarily reflect those of the City of Pikeville Government, Pike County Government, the University of Pikeville, or the Pikeville Medical Center their elected official or their staffs.
2. Airtime may be provided to non-profit organizations serving the City of Pikeville Government and Pike County Government under the following guidelines. The level of service will be at the discretion of the Channel Manager based upon staff and facility limitations.
a. The non-profit agency must have current 501(c) 3 non-profit status with the Internal Revenue Service.
b. The programming must meet all other criteria of the PIKETV Operating Policies.
3. Programming may be acquired from organizations or entities other than the City of Pikeville Government, Pike County Government, the University of Pikeville. This programming must meet the following criteria:
a. Meet the appropriate technical standards, as determined by PIKETV staff.
b. Fit within the mission, goals, and policies of PIKETV.
4. The Channel Manager will determine the playback schedule of all acquired programming on PIKETV in accordance with the playback schedule section of these policies. The replay and scheduling of acquired programming will be a lower priority than programming produced directly by PIKETV. PIKETV produced programming may preempt these replays at the discretion of the Channel Manager.
Program Schedule
1. The Channel Manager is responsible for determining the PIKETV Program Schedule in accordance with the following guidelines:
a. Because the City of Pikeville Government and the Pike County Fiscal Court have franchise agreements with the cable providers requiring the cable providers to make an access channel available to the City of Pikeville and the Pike County Fiscal Court, the City of Pikeville and the Pike County Fiscal Court shall therefore be granted priority consideration for programming availability.
b. When there is a disaster or civil emergency declared, the City of Pikeville Government or/and the Pike County Fiscal Court shall have the right to override the scheduled programming for emergency broadcasting. Any time not used shall revert back to the normal scheduled programming.
c. The term “prime time programming” shall be defined as programming aired between the hours of 7 am until 9 am, 12 pm until 2 pm and 4pm until 11 pm.
d. The City of Pikeville Government and the Pike County Fiscal Court shall be given priority to schedule programming and will be entitled to 20 hours of prime-time programming per week.
e. The City of Pikeville Government and the Pike County Fiscal Court shall also be entitled to 20 hours of non-prime time programming, if so desired.
f. The Channel Manager shall be responsible for scheduling the City of Pikeville Government and the Pike County Fiscal Court programming during the required time frames as requested by the City of Pikeville Government and the Pike County Fiscal Court.
g. The City of Pikeville Government and the Pike County Fiscal Court must schedule with the Channel Manager at least 2 weeks in advance for all programming during prime time.
h. The Channel Manager shall ensure equal and fair treatment of prime-time programming between the City of Pikeville Government and the Pike County Fiscal Court. If there is a certain time frame both agencies repetitively request, that time frame shall then be alternated each week by both agencies.
i. If any allotment of prime-time programming which is referred to in subsection “e” above is not scheduled by the City of Pikeville Government or Pike County Fiscal Court two weeks prior to the airing date, the Channel Manager will notify the members of the Executive Board of said open slots. The Channel Manager will schedule programming in the un-used prime time slots on a first-come basis.
j. All requests (other than the City or the County) for prime-time slots by members of the Executive Board shall be submitted 2 weeks in advance for consideration. Failure to notify a minimum of 2 weeks in advance shall result in allowing the Channel Manager to schedule whatever program the Channel Manager deems appropriate.
k. The Channel Manager will be responsible for dividing the remaining prime time programming fairly between the Members of the Executive Board. Any disputes regarding programming scheduling shall be brought before the Executive Board for final decision.
l. This programming shall consist of local and regional news reports.
SPONSORSHIP POLICY
Programming Sponsorships Policy
PikeTV is an educational and governmental access channel providing educational and governmental programming under the terms and conditions of the City of Pikeville’s cable franchise agreement and the Pike County cable franchise agreement and applicable federal, state, and local laws and regulations.
Governmental and educational programming is non-commercial in nature and intended to be used as a forum for governments, schools, and colleges to communicate with and provide information to citizens, to show government at work, and to increase participation in our democracy. In order to ensure that governmental and educational programming maintains its character, the following requirements and restrictions must be met:
Editorial control of the form and content of PikeTV programming and the spots[1] shall be maintained by the Board of PikeTV.
Spots and program funding will not create the perception that editorial control has been exercised by someone other than PikeTV, or that the program has been inappropriately influenced by its funding sources.
The non-commercial nature of PikeTV programming is protected and preserved.
Underwriting and sponsorships may be accepted to help support the cost of PikeTV programming. The spots provide acknowledgement of the sponsor’s support for particular programming and are not intended to promote the views of the sponsor or provide a forum for communication by the sponsor.
A sponsor is a third party that has voluntarily contributed cash or substantial in-kind services to finance, in whole or in part, the production or acquisition of programming shown on PikeTV.
A spot is any form of sponsorship credit given in conjunction with underwriting provided for a PikeTV production, produced by PikeTV, acknowledging the program sponsorship, and meeting the specified requirements.
The PikeTV will not allow the following content within spots:
Any messages involving political issues or candidates including, but not limited to, candidate sponsorship, ballot issue sponsorship, and all types of informational sponsorship related to candidates or political issues at any time.
Any sponsorship describing or promoting any religious belief, or containing depictions of any religious figures or symbols, or having the appearance of the same.
Any sponsorship with sexual content, including, but not limited to, depictions or descriptions that are obscene or lewd, or promoting any products or services involving obscene or lewd content or conduct.
Any sponsorship directly promoting alcohol products.
Any sponsorship that supports, encourage, or depict exploitation of children.
Any non-conforming content. PikeTV reserves the right to prohibit content or reject any material or sponsorship that does not conform to the policies and views of PikeTV as expressed through the governing body of PikeTV or through its policy making elected officials.
Funds received through the sponsorship program will be restricted to funding of programming on PikeTV. PikeTV will accept sponsorships from private, public, and IRS certified non-profit entities.
Sponsorship Guidelines
PikeTV has developed the following sponsorship guidelines to assist in the review of proposed government program funding, sponsorship, and spots for compliance with PikeTV sponsorship policies. These guidelines will be applied to determine if proposed funding complies with these policies and applicable law. If the proposed funding, sponsorship, or spot is not in compliance with the sponsorship policies, PikeTV will attempt to advise the sponsor and may reject the proposed program funding or edit the spot to bring it into compliance. If the proposed program funding cannot be brought into compliance with the sponsorship principles, the sponsorship fees will be declined, and the proposed spot will not be produced or cablecast on PikeTV. The selection of spokespersons, format, subject matter, duration, and scheduling of the spot is solely within the discretion of PikeTV.
Full Disclosure. PikeTV requires full and fair disclosure of the “true identity” of all program sponsors. The spot serves the purpose to identify the sponsor in the interest of full disclosure, not to promote the sponsor or its products and services. A spot must contain the legal name (corporate or individual) of the sponsor. Unless agreed upon under separate contractual terms, PikeTV retains exclusive ownership and control of copyright, as well as control of ancillary rights and products related to its productions.
Corporate Divisions and Subsidiaries. A corporation’s bona fide operating division or subsidiary may be identified by its logo or name as a program sponsor.
Brand Names. In some cases, the name of a corporation and its brand are the same (Coca-Cola, Apple, etc.) and in other cases the brand names are not the same as the corporation’s name (“Jell-O”TM – Kraft). Brand names that are not corporate entities may still be identified as a sponsor, provided that the corporate owner of the brand is also identified and disclosed. This can be accomplished through a lower-third graphic.
Dual Credits. This accommodation may not be used to provide a single sponsor with two underwriting announcements in a single credit. In the case of multiple grants to the same program from multiple divisions, subsidiaries, or brands of a single corporate parent, PikeTV will examine the facts on a case-by-case basis to determine whether the grants were sufficiently separate or coincidental to warrant separate credits.
Advance Approval. Scripting for spots shall be developed in partnership by sponsors and PikeTV. Approval for all spots will be conditional upon adherence with these sponsorship policies. All spots appearing on PikeTV shall be produced by, or under the direction of, a PikeTV staff member.
Identifying Information. Spots may include the following information in addition to the sponsor’s name:
Logograms or slogans which identify and do not promote
Location information and telephone numbers
Value neutral descriptions of a product line or service
Brand and trade names and product or service listings
Regulatory Compliance. The television depiction or description of some products or services is regulated by the Federal Trade Commission, the Food and Drug Administration, and other federal agencies. Due to the volume and complexity of these regulations, PikeTV must rely on the sponsor and its sponsorship agency to ensure that spots are produced in compliance with applicable regulations. It is the obligation of the sponsor to ensure that the spots depicting products or services comply with all applicable laws and regulations. PikeTV reserves the right to require the sponsor to indemnify PikeTV against claims or losses arising from alleged or actual non-compliance with such laws and regulations.
Fair Treatment. It is the intent of PikeTV to ensure that all sponsors are treated fairly and consistently with respect to spots, to ensure that all spots are presented in ways that are aesthetically pleasing, to minimize clutter and extraneous material, and to establish clear standards.
Business Necessity. PikeTV may reject program funding spots if it determines that accepting such funding will have a negative effect on existing or future sponsorships or will communicate a message that is incompatible with the policies and views of PikeTV.
Application to sponsorship arrangements
This section addresses the process for determining the acceptability of proposed sponsorship arrangements.
Three “tests” are applied to every proposed sponsorship arrangement in order to determine its compliance:
· Editorial Control Test: Has the sponsor exercised editorial control? Could it?
· Perception Test: Might the public perceive that the sponsor has exercised editorial control?
· Commercialism Test: Might the public conclude the program is on PikeTV principally because it promotes the sponsor’s products, services, or other business interests?
The following describes these tests and their application:
1. Editorial Control Test
PikeTV is committed to producing programming in accordance with the highest ethical, journalistic, and professional standards.
So long as PikeTV continues to hold itself out as a source of local information, it must guard against abusing the public trust placed in its programming. The public has a right to feel secure in its assumption that program judgments are being made by professionals who are held accountable as trustees of this public resource. To allow program judgments to be controlled by program sponsors would be to breach the public’s trust. Therefore, PikeTV will not accept a program if the sponsor has asserted, or has the right to assert, editorial control over a program.
PikeTV’s consideration of issues of actual editorial control includes arrangements with third parties regarding control of program copyright, ancillary rights, and/or the provision of in-kind goods or services made prior to PikeTV cablecasting of the program.
The key to applying this principle is the definition of inappropriate editorial participation or program control by a program sponsor. The definition of “inappropriate editorial participation or control” may vary depending on the nature of the program or the stage at which the participation occurs.
In general, a program sponsor’s participation in the development of broad program concepts or proposals it might wish to fund is not considered an aspect of editorial control. PikeTV does not prevent sponsors that have conceived ideas for new programs from acting as a catalyst to see their ideas realized on television.
A program sponsor’s actual participation (or right to participate) in the program production process after the initial idea stages are complete and after a producer has been engaged will be considered to be the assertion (or the right to assert) editorial control over the program or program series and the proposed program funding will be unacceptable for PikeTV. The right to such control or its actual assertion can take many forms. For example:
a. The program sponsor’s insistence, by contract or otherwise, on choosing, for example, individual dramas within a drama series.
b. The program sponsor’s insistence, by contract or otherwise, on reviewing scripts, outlines, or treatments after the initial funding decision is made, whether or not such review could result in termination of the grant. The same would be true if the sponsor retains the ability to withhold or control distribution.
c. The program sponsor’s insistence, by contract or otherwise, on being present in the editing room or approving or reviewing rough cuts, final cuts, or the final program prior to cablecast.
d. The deliberate avoidance or alteration of certain material topics within a program or treatment in order that a particular sponsor is deemed acceptable.
e. The program sponsor’s insistence, by contract or otherwise, to participate in or attempt to control the program scheduling process.
2. Perception Test
PikeTV provides programming services resulting from good faith professional judgments free from sponsor restraints or controls. This commitment is necessary to hold the trust and respect of its viewers. PikeTV must guard against the public perception that editorial control might have been exercised by program sponsors.
The perception test will be applied most vigorously to current affairs programs that address controversial issues. In these cases, when there appears to be a clear and direct connection between the interests or products or services of a proposed sponsor and the subject matter of the program, the proposed funding will be deemed unacceptable regardless of the sponsors’ actual compliance with the editorial control provisions of this policy.
The most difficult aspect in administering these guidelines is the question of the possible public perception of editorial involvement and the direct and immediate interests of the sponsor in the subject matter. Each situation is unique and requires analysis.
Perception of editorial control can also occur when sponsors seek to fund only selected programs within a series. Programs within a current affairs or controversial issues series must be treated as a single unit, funding must be sought for the series as a whole rather than for individual episodes.
3. Commercialism Test
PikeTV, while not under the jurisdiction of the FCC, attempts to closely follow public broadcasting rules for non-commercial use and further is generally prohibited under the City of Pikeville and Pike County cable franchise agreements from commercial use of their government access cable channel. PikeTV will protect the non-commercial character of its programming.
The concern is the damage to PikeTV’s reputation and service that could result from a funding arrangement that is so self-serving or self-congratulatory that a reasonable public could conclude that the program is on PikeTV solely or principally because it promotes the sponsor’s products, services, or other business interests. PikeTV must also ensure that it complies with its obligations under the City of Pikeville and Pike County cable franchise agreements not to use the governmental and educational access channel for commercial purposes.
The policy is intended to prohibit any funding arrangement where the primary emphasis of the program is on products or services that are identical or similar to those of the sponsor. If, however, the product or service depicted is merely incidental or of secondary importance to the program, the funding would be allowed.
The following are some examples
· A manufacturer of photography equipment would be permitted to underwrite a general how-to series on photography but could not fund a program which prominently featured the company’s products, or which compared products or services similar to those offered by the sponsor.
· A pharmaceutical company could fund a 13-part series examining the working and functions of the human body.
· A company could fund a program concerning an art exhibit it has sponsored, provided that the company has not exercised control over the exhibit itself.
· A company could sponsor a program focusing on the life and career of a famous architect who designed the building which houses that company, even though the program might include a brief or coincidental reference to the architect’s connection to the sponsor’s building.
Guidelines for Spots
Once a sponsorship arrangement has been approved, the next step is to review and approve the proposed spot that will identify the sponsor(s). This section sets forth the guidelines applying to credit content, duration, and placement.
Overall Appearance and Effect of Credits. The on-air appearance and overall effect of each spot and sequence must be in keeping with the noncommercial nature of PikeTV.
Sponsor Name or Logo. All sponsors must be identified in video by their name and/or logo. If a logo by itself does not adequately disclose the identity of a sponsor, then the sponsor’s name must be stated in audio or video. A sponsor may not be anonymous.
Additional Identifying Information in a Credit. In addition, a spot may contain additional information in audio, video, or both, to help identify a sponsor. Any language in PikeTV’s judgment that is gratuitously or blatantly promotional is not acceptable. In addition, information that would appear to be self-congratulatory or that could be construed as an advocacy position on a particular issue or subject will not be acceptable.
PikeTV will avoid the use of certain types of language, phrases, and visuals, such as the following, which it deems promotional. Spots will not include:
i. A call to action to use a product or service, or inducement to buy, sell, rent, lease (e.g., “come in today and take a test drive” or “six months free service when you buy” or “guaranteed for life”).
ii. Qualitative or superlative description of a company, its products, or service (e.g., “the most intelligent car ever built”).
iii. Pricing information or indication of associated savings or value (e.g., “only $160 down and $160 per month,” or “7.7% interest rate available now,” affordable,” “discount,” or “free”).
iv. Logograms or slogans that contain comparative or qualitative descriptions or are promotional in nature.
v. More than three trade names, products, or service listings in a single announcement.
vi. Any form of misrepresentation.
vii. Direct comparison with other companies or with other companies’ products or services.
viii. Endorsements (e.g., “recommended by 4 out of 5 doctors”)
ix. Demonstrations of consumer satisfaction.
x. Some of the words and phrases that PikeTV may find to be unacceptably promotional include:
Efficient Economical Dependable
Dedicated Prompt Fair Price
Reliable Excellent Leading
Luxury Honest Accommodating
Quality Number One
xi. The line separating permissible from impermissible, in wording and visuals, is not always a bright one. Accordingly, PikeTV retains the discretion to interpret language and other elements for purposes of compliance with the sponsorship policies.
Other Factors to Consider. PikeTV can not anticipate and include in these guidelines every use or possible combination of creative elements that constitutes an underwriting credit or sequence of credits. Therefore, in evaluating a proposed underwriting message, PikeTV will consider elements of the creative content which can affect the overall tone and character of the announcement. Messages that seek primarily to promote PikeTV, generally, or align with PikeTV’s policy and principals are encouraged.
Text of Credits for Production Funding. The introductory text of a spot shall be generally left to the discretion of PikeTV.
i. Opening and Middle Credits, if any:
· “This program is made possible (in part) by….”
· “Funding for this program is made possible (in part) by….”
· “This program is underwritten (in part) by….”
· “Major funding for this program was provided by…” “Additional funding was provided by…” [to be used when there is a significant difference in the amounts of underwriting from two or more sponsors].
ii. Closing Credits, non-controversial issue programs.
· The alternatives for the wording of closing credits are the same as those listed above for opening credits, although the past tense may be used (“was made possible by….)
iii. Closing Credits, Controversial Issue Programs. If the program treats a controversial issue, the closing funding credit should also include the following statement as part of the funding announcement preceding the sponsor identification:
· “This program was produced by PikeTV, which is solely responsible for its content.”
Frequency of Credits
i. Sponsors may be given a spot at the beginning of a program or at the end of a program.
ii. If program content is longer than one hour and fifteen minutes, sponsors may be credited at the beginning of the program, at a natural break as close to the 60-minute interval as possible, and at the end of the program.
iii. If program content is longer than two hours and fifteen minutes, sponsors may receive a credit at the beginning of the program, at a natural break as close to each 60-minute interval as possible, and at the end of the program.
iv. This rule outlines the minimum permissible frequency of credits. PikeTV does not set any specific limits on the number of times sponsors may be credited.
v. Underwriting acknowledgements may not interrupt regular programming. Spots during natural program breaks should be kept to a minimum.
Placement of Spots
i. Opening Credits. The underwriting credits at the beginning of any program must immediately precede the program opening title sequence/intro.
ii. Closing Credits. Closing funding credits must appear immediately before the final production credits in order to separate and differentiate them from similar credits that may appear in the subsequent station break.
Order of Spots
i. When there is more than one sponsor for a program, sponsors should be credited in descending order of the amount of their sponsorship.
ii. When two or more sponsors provide grants of identical (or nearly identical) amounts, the order of their names may vary at the will of the producer.
Duration of Spots
i. Each time they appear, all sponsor credits shall appear together. The maximum allowable credit for any one sponsor is 15 seconds. The total time for a sponsor credit sequence must not exceed 60 seconds.
In-Kind Goods and Services
i. Production assistance credits may be given for in-kind goods and services that have been provided to the producer at no or nominal cost.
ii. In-kind credits may appear as text in video only and must appear within the normal production credits or as a lower third using the same style, font, color, and background as other program graphics.
iii. The text of the video-only credit will generally incorporate one of the following phrases: “Production assistance provided by . . .”; “(Item/Service) provided by . . .”; “Special thanks to . . .”
[1] The term “spot” as used in these policies refers to any form of sponsorship credit given in conjunction with underwriting provided for a PikeTV production, produced by PikeTV, acknowledging the program sponsorship and meeting the specified requirements.