ARTICLE I
Name, Purpose and Legal Authority
Section 1. ESTABLISHMENT AND PURPOSE
The name of the instrumentality established by the town selectmen of the Municipal Group consisting of Nobleboro, Newcastle, Damariscotta, Waldoboro and Wiscasset and the proposed towns of Edgecomb, Alna, Westport Island, Dresden, Bristol, pending approval by those towns, to plan and govern Channel 7 is Lincoln County Television (LCTV). This committee is responsible for establishing policy, recruiting volunteers, providing publicity, providing management and approving the operating budget for LCTV for review by the town selectmen of the Municipal Group.
The name of the public access channel and the public access users governed by the foregoing committee is Channel 7. This group and all operating facilities and equipment shall be overseen by LCTV. LCTV is responsible for developing a public access users handbook, training the public access users, maintaining any Channel 7 facilities and equipment, scheduling the PACF, developing an operating budget and maintaining the Community Bulletin Board. In addition, LCTV will actively pursue the production and broadcast of public meetings held by elected and appointed officials contingent upon the availability of trained personnel. LCTV will act also as a resource as outlined above to all persons interested in producing public or educational programming.
Section 2 LEGAL AUTHORITY
LCTV and Channel 7 are established and authorized by the town selectmen of the Municipal Group by the ordinances enacted by the following towns on the following dates:
TOWN DATE
Waldoboro March 12, 1991
Nobleboro April 17, 1991
Damariscotta May 1, 1991
Newcastle May 6, 1991
Wiscasset May 14, 1991
The final draft of the LCTV By-Laws were unanimously accepted by the LCTV members at the June 17, 2002 LCTV regular scheduled meeting and amended February 21, 2006.
ARTICLE II
Lincoln County Television
Section 1. MEMBERSHIP ON THE LINCOLN COUNTY TELEVISION BOARD OF DIRECTORS
The voting members of LCTV shall be appointed by the town selectmen of the Municipal Group. The number of members and the term of office is prescribed by ordinance.
Section 2. OFFICERS OF THE LINCOLN COUNTY TELEVISION BOARD OF DIRECTORS
The officers of LCTV shall consist of a Chair Person, Vice-Chair Person, Treasurer and Secretary, all of whom shall serve until the first regular meeting of each calendar year. All officers shall be elected by majority vote of the Board.
Section 3. REPLACEMENT OF NON-PARTICIPATING MEMBERS
The proper functioning of LCTV depends upon the active and reliable participation of its members. Removal and replacement of committee members who miss three consecutive meetings shall be made upon recommendation of attending members to the town council of the appropriate municipality.
ARTICLE III
Meetings
Section 1. REGULAR MEETINGS
LCTV shall hold a least one (1) advertised and scheduled meeting every two months.
Section 2. PROCEDURES
At least one of LCTV Board of Directors representing at least 60% of the towns in the Municipal Group will constitute a quorum.
Upon the establishment of a quorum, the Chair Person will preserve decorum and order, moderate all discussion, and decide all questions of order. The Chair Person will present or cause to be presented the proposals, problems, solutions and information pertaining to the agenda.
The first item of business for each meeting will be a call to order and establishment of a quorum. The second item of business for each meeting will be the approval of the minutes of the previous meeting. The third order of business will be to accept brief comments from members of the public who wish to speak to various subjects relevant to LCTV.
The meeting will address and hear reports from sub-committees of LCTV, receive reports on the management of Channel 7 and address old and new business.
Section 3. EXECUTIVE SESSION
It may be necessary for the Board of Directors to adjourn to executive session. The Board of Directors must decide by a vote of 3/5 of the members present and voting to adjourn to executive session and must also vote to return from same.
No official actions shall be finally approved in executive session. The only items which may be discussed in executive session are the management of Channel 7 and legal matters of direct concern to LCTV.
ARTICLE IV
Channel 7
Section 1. HISTORY OF PUBLIC ACCESS TELEVISION
The concept of Public Access television first began to take shape in the early 1970s when the cable television industry began providing large capacity cable systems for their subscribers. At the same time, there was a boom in the portable video equipment industry which created a large group of video producers looking for ways to distribute their programs. Out of this high tech environment grew a grassroots organization of people who felt that cable was the natural vehicle for their distribution problems at a local level. These early public access advocates began organizing as the National Federation of Local Cable Programmers.
The philosophy of this organization is that every one must have access to the television medium under the 1st amendment, the right of free speech. As concerned citizens and independent producers began petitioning their local governments to negotiate for dedicated access channels and facilities needed to produce programs for these channels, there has been rapid growth in the number of community or public access centers around the country.
Section 2. LCTV MISSION STATEMENT
LCTV provides local access to the television medium for the public’s expression of "free speech" as provided for in the U.S. Constitution, for educational programs and for local government to inform the public of their activities.
Section 3. PUBLIC ACCESS USERS
A Public Access User shall be defined as any individual or non-profit organization whose physical address falls within the designated limits of the Municipal Group who wishes to produce and cablecast programming, using the equipment or facilities of Channel 7. This definition also includes anyone employed by the Municipal Group who does not live in the town.
Section 4. PUBLIC ACCESS CHANNEL FOUR PROGRAMS
Community television within the Municipal Group endorses programming in three (3) areas: Public, Educational and Governmental:
1) The Public group includes anyone who lives within the Municipal Group and uses the channel for non-commercial purposes, a "free speech" channel for the citizens.
2) The Educational group includes anyone involved in local education or other agencies of the Municipal Group.
3) The Governmental group produces programs for local government.
ARTICLE V
Public Access Channel Seven Policies
Section 1. COST OR CHARGE
There will be no charge for the use of airtime on Channel 7. However, LCTV may, from time to time as the operating budget requires, impose reasonable charges for items or services involved in the production of programs, this includes but is not limited to videotapes, training, damage to equipment and duplications of tape. Although there may be reasonable charges to Public Access Users to be trained in the proper use of LCTV equipment in order to maintain this expensive resource, LCTV will make every effort to impose no fee, charge or cost for the use of LCTV production equipment to qualified, trained Public Access Users.
Section 2. CONTENT RESPONSIBILITY
The Public Access User shall bear sole responsibility for the content and materials used in all programs live or videotaped. In recognition of the fact that Channel 7 has no control over the content of the users cablecast program, the user must agree to indemnify and hold Channel 7 and therein harmless from any and all liability or other injury (including reasonable costs of the defending claims or litigations) arising from or in connection with claims for failure to comply with any applicable laws, rules, LCTV regulations, or other requirements of local, state, or federal authorities: for claims of liable, slander, invasion of privacy, infringement of common law or statutory copyright, for breach of contractual or other obligations owning to third parties, and for any other injury or damage in law or equity in which claims result from user’s use of Channel 7.
Section 3. TALENT RELEASE FORMS AND CLEARANCES
The Public Access User agrees to make all appropriate arrangements with and to obtain all clearances from broadcast stations, networks, sponsors, music licensing organizations, performers and without limitations from the foregoing, any and all other persons (natural and otherwise), as may be necessary to transmit its program material over Channel 7 and to supply a copy of the licenses or agreements to LCTV.
Section 4. CHANNEL RESTRICTIONS
The Public Access User must agree to the following restrictions:
1) User will not cablecast any advertising material designed to promote the sale of commercial products or services.
2) User assumes all liability for content of material which the user cablecasts.
3) Applicant will not cablecast any material which violates any federal or state law.
Section 5. SCHEDULING
LCTV shall have final authority in regard to scheduling videotaped and/or transmitted programs. LCTV may appoint a Scheduling Sub-Committee to recommend scheduling of programs.
Section 6. CUSTODY OF EQUIPMENT AND SUPPLIES
Users of Channel 7 will be authorized access to and temporary custody of the television and ancillary equipment and the associated consumable supplies by LCTV. Although equipment and materials may be loaned free of charge for the production of Public Access programming, the borrower is responsible for all damages, loss or cost of repair involved while the equipment is signed out. LCTV reserves the right to deny use of LCTV equipment to those who have demonstrated a constant lack of ability to operate and care properly for said equipment.
ARTICLE VI
Amending By-Laws
Section 1. PROPOSED AMENDMENTS
Any member of LCTV may propose an amendment to these by-laws by submitting the proposed amendment at a regularly scheduled committee meeting.
Section 2. ADOPTION OF AMENDMENTS
The concurrence by vote of a quorum of those present of the LCTV Board of Directors will constitute acceptance of the proposed amendment.
