LEASED
ACCESS RULES |
| 1. Purpose.
These Leased Access Rules (“Rules”) govern the leasing of downstream
channel capacity on JCNTV’s cable systems, and are specifically incorporated
by reference into the Leased Access Agreement. JCNTV makes such leased channel
capacity available for video programming pursuant to the provisions of the
Communications Act of 1934, as amended, and the rules and regulations of
the Federal Communications Commission, as amended. The Rules are subject
to change, from time to time, at JCNTV’s sole discretion. |
2. Definitions.
The following terms shall have the meanings set forth below for the purposes
of the Rules, Policy Statement and Agreement:
A. “A
La Carte Programming.” Video programming which is made available
to and can by seen by only those subscribers who specifically request
receipt of such programming and who pay for and receive the same on
a per-event or per-Channel basis
B. “Applicant.” Any person, group, organization or
other entity that has completed an application for Leased Access channel
capacity in accordance with these Rules.
C. “Commercial Use.” The provision of video programming,
whether or not for profit.
D. “Leased
Access Channel.” Those cable channels or portions thereof
that are specifically designated by Cablevision for commercial use by
unaffiliated persons in accordance with the Act and the rules of the
Federal Communications Commission.
E. “Program.” Video programming transmitted over
the System by an Applicant or Lessee pursuant to the Agreement.
F. “Video
Programming.” Programming provided by, or generally considered
comparable to, programming provided by a television broadcast station.
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3. Applications
for Leased Access Channel Capacity.
A. An Application
to lease capacity on a Leased Access Channel shall be submitted at least
thirty (30) days in advance of the desired date of the transmission
of the Program over the System; shall be in writing in a form designated
and provided by Cablevision; shall identify the proposed Lessee by name,
address, and telephone number; and shall contain the following information
and materials:
(i). The day
or days desired for transmission of the Program over the System (and
alternative dates);
(ii). The time segment desired (and alternative times), the duration
of the
Program to be transmitted over the System, and the number of segments
desired;
(iii). A specific
description of the Program;
(iv). The proposed
technical production format of the program, which format must be approved
by JCNTV in order to ensure compatibility;
(v). A statement
that the Applicant has read the Leased Access Agreement, the Rules,
and the Policy Statement and will comply therewith and with all applicable
federal, state and local requirements;
(vi). Such other
information, exclusive of program content, as is necessary to enable
JCNTV to properly perform its responsibilities in accordance with
the Agreement and applicable federal, state, and local requirements;
and
(vii). A sample
tape of the Program.
B. At least ten
(10) days following submission of a properly completed Application,
Applicant must execute the Leased Access Agreement and file it with
JCNTV. If Applicant is under the age of eighteen (18) years, Applicant’s
parent or legal guardian must execute the Agreement and will be legally
responsible for performing thereunder.
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| 4. Provision
of Leased Access Channel Capacity. JCNTV shall provide Leased
Access Channel capacity to any Applicant that complies with the terms of
this Agreement, subject to availability. Leased Access Channels are made
available for use on a channel-by-channel basis. As one Leased Access Channel
is filled, JCNTV will make an additional Leased Access Channel available
for leased access until all such channels prescribed by law are programmed.
A Leased Access Channel shall be considered filled when Leased Access programming
occupies 75% or more of a Leased Access Channel’s programming day,
meaning that leased access programming is transmitted for eighteen (18)
hours or more every day. JCNTV, in lieu of opening an additional Leased
Access channel, may offer Lessee a comparable time slot on a channel otherwise
carrying non-leased access programming. |
| 5. Program
Format and Quality. Applicant must consult with JCNTV at the
time the Application is submitted to determine whether the Program format
to be used by Applicant is compatible with existing JCNTV equipment. The
Program must meet or exceed generally accepted industry standards for video
and audio levels and must maintain these levels for the Program's duration.
The Program must be of broadcast quality and fully color-corrected (if in
color), and must have no tracking or skew errors, no excessive dropout,
and no creases. JCNTV, in its sole judgment, shall determine if the Program
to be transmitted over the System meets such industry standards and is compatible
in format with JCNTV equipment. |
| 6. Obscene
or Indecent Programming. JCNTV reserves the right to refuse
to transmit over the System any program that violates its policy regarding
the transmission of obscene or indecent material as set forth in the Policy
Statement or that conflicts with federal, state, or local law. |
7. Delivery
and Distribution of Program.
A. Lessee shall
provide JCNTV, at its own cost and expense, with video tapes of the
Program of an appropriate and approved format and quality.
B. Lessee shall deliver such video tapes to the location designated
by JCNTV at least three (3) business days prior to the date on which
the Program is scheduled to be shown.
C. Promptly upon receipt of any video tape from Lessee pursuant to subsection
B, JCNTV shall review such video tape to determine compliance with the
Agreement and these Rules. If JCNTV, in its sole discretion, determines
that the transmission quality or format of any video tape does not meet
the required standards, or that the Program does not otherwise comply
with the Agreement, these Rules or the Policy Statement, JCNTV shall
promptly notify Lessee. Failure to so notify Lessee does not and shall
not be construed to mean that JCNTV agrees that the Program complies
with the Agreement, Policy Statement or Rules, or otherwise assumes
any responsibility with respect to the content of the Program.
D. If JCNTV notifies Lessee pursuant to subsection C that its Program
is unacceptable or not in compliance with the Agreement, Rules or Policy
Statement, Lessee shall provide a replacement video tape or substitute
program at least one (1) business day prior to the date the Program
is scheduled to be shown. JCNTV shall not edit any Program without authorization
of Lessee. JCNTV reserves the right to refuse to transmit any Program
over the System that does not comply with the provisions of the Agreement.
E. JCNTV will return or erase (at Lessee's option and expense) all video
tapes within seven (7) days of the last scheduled exhibition of the
Program contained in such video tape. Lessee agrees that neither JCNTV
nor its employees or agents shall be responsible or liable for the loss
or theft of or damage to any such video tapes while in JCNTV’s
custody unless such loss, theft or damage results from the intentional
act or gross negligence of JCNTV or its employees or agents.
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