Producer Handbook
Article Index
Producer Handbook
About Us
Welcome
Membership
Training
Equipment
Studio
Programming
Program Content
Scheduling
Conduct
Code of Conduct
Statement of Compliance
Statement of Compliance Form
All Pages
 


 
 
The purpose of this document is to clearly set forth reasonable, clear, and fair 
procedures that govern the operation of the PortMedia facilities and channel. 
These procedures are intended to encourage participation by individuals and 
groups from Newburyport in a fair and equitable manner. 
If a member has questions concerning current procedures and practices, they are 
encouraged to discuss them with the PortMedia staff. 
 
 
This handbook may be revised by PortMedia in response to the changes we 
face as demand on our resources increases. 
 
 
LOCATION 
3 Graf Rd Suite 11 
Newburyport, MA 01950 
978-961-0350
EMAIL 
This e-mail address is being protected from spambots. You need JavaScript enabled to view it  
WEB 
www.portmedia.org 
 
 
Members are required to acknowledge receipt of these operating policies.


 
 
1. WELCOME 
This book describes the procedures guiding membership, training, program production, 
channel use, and user responsibilities. These procedures are designed to be flexible and change as needs evolve. They are guided by the following: The Constitution of the United States 
of America; The Constitution of the Commonwealth of Massachusetts; The Cable Communications Policy Act of 1984, as amended; the Cable Consumer Protection Act of 1992, as amended; The Telecommunications Act of 1996, as amended; other applicable federal and state laws and court decisions; and the PortMedia Bylaws. 
 
1.1 Statement of Purpose 
PortMedia is a 501(c)(3) non-profit corporation established to administer the use of community access channels and facilities dedicated to providing equipment and services to the residents of Newburyport. 
 
1.2 Introduction 
This section is under review. Check back for updates. 
 
1.3 Funding 
PortMedia recieves funding from the City of Newburyport as a part of a franchise agreement with Comcast. 
 
1.4 PortMedia Board of Directors 
The PortMedia Board of Directors is a self-appointed volunteer board. The board sets policies for the organization. These policies are then implemented through procedures determined by the Executive Director. The Executive Director also gathers information and suggestions from members, board, staff, and volunteers at PortMedia, and relays this input to the Board. 
 
1.5 Non-Discrimination Policy 
No individual will be denied PortMedia membership or access to any PortMedia equipment, facilities, or channel time on the basis of race, sex, sexual orientation, age, physical disability, religious or political belief, or due to the nature of the programming interest. Individuals that violate the policies and procedures of PortMedia will be subject to disciplinary action outlined in Section 6 of this document. 
 
1.6 PortMedia Records 
This section is under review. Check back for updates. 
 
Members should provide a current mailing address if different from their residence. 
 

 
 2. MEMBERSHIP 

2.1 Eligibility 
PortMedia membership is open to residents, employees or volunteers of busineses and organizations located in the City of Newburyport. PortMedia is available to non-profit organizations, 
educational institutions and public agencies located in the city of Newburyport. Membership is required before taking production classes or using PortMedia production equipment and must be renewed yearly. 
 
There are no age restrictions for PortMedia membership, however, parents or legal guardians of members under age 18 must sign the parental consent portion of the PortMedia Statement of Compliance Form when a minor requests training and to allow the use of PortMedia production facilities and equipment or schedules programming on the channel. 
 
In order to schedule a program for playback, check-out equipment, obtain equipment certification or enroll in classes, a member must present a valid proof of residency which can be a valid Massachusett's drivers licence or Massachusetts ID containing a recent photograph and current residency address or other valid proof of residency. 
 
PortMedia reserves the right to independently verify the residency status of members. 
 
2.2 Relationship Between PortMedia and Members 
PortMedia is a private non-profit corporation. Members are not agents or employees of PortMedia and are considered to be independent producers that create programming for themselves or the 
organization they represent. 
 
At no time may any individual or organization identify themselves as an employee or agent of PortMedia unless hired by PortMedia or the jurisdictions to perform a service. PortMedia exercises no control, beyond these policies, over production activities by members except when members have been recruited by PortMedia to crew productions that are specifically coordinated by PortMedia. 
 
Members must not identify their production efforts as being "for PortMedia", rather, members should indicate that their programs "will be seen on PortMedia". 
 
2.3 Memberships Defined 
Annual Membership is open to all citizens of Newburyport, and provides a wide range of free access to communications technologies. 
 
Individual members must be residents or employed or volunteering within the incorporated city limits of Newburyport. They may take training workshops and use the PortMedia production facilities and equipment to create programs to be cablecast on the access channel. 
 
2.4 Membership Fees 
PortMedia chose a membership-based structure to increase user accountability, demonstrate commitment to the principals of cable access, and help defray operating expenses. 
 
Membership fees are established by the PortMedia Board of Directors and are subject to change. Currently, memberships are $25 per year. Student memberships are $15 per year. 
 
Waivers, fee reductions and scholarships may be available based on financial need. 
 

 
3. TRAINING 

3.1 Eligibility 
Current PortMedia membership and a Statement of Compliance Form are required before you may attend production classes.
 
3.2 Production Classes 
PortMedia production classes are basic production courses that offer hands-on training for PortMedia members and are offered on a first-come, first-served basis. 
 
Completion of each class allows a member to reserve and use that portion of the facility. For example, after taking an edit class, a member may reserve edit time. 
 
Pre-Production - Intimate, interactive classes on what it takes to produce videos, both in studio and in the field. Topics include budgeting for a project, equipment needs, working with volunteers, shooting to edit, and writing a script. 
 
Field Production* - Camcorder basics and introduction to accessory equipment, such as microphones, to shoot productions on location. Upon completion, members can use the camcorder package to produce a program to be cablecast on the access channel. 
 
Editing* - Digital editing basics. How to import, edit and export footage. Upon completion, members can use PortMedia editing equipment to produce a program to be cablecast on the access channel. 
 
Studio* - How to direct, light, run camera system, audio engineer, and run the character generator. Upon completion, members can use the studio to produce a program to be cablecast on the access channel. 
 
*Producers may test-out of these workshops provided they can prove proficiency. 
 
Contact PortMedia staff for more information. 

 
4. EQUIPMENT 
4.1 General Guidelines 
PortMedia staff will treat members in a courteous, client-oriented fashion and assist members in fulfilling their production goals. PortMedia staff will also be engaged in productions for the channel. PortMedia staff will not produce a program for members but will provide suggestions on 
technique, equipment, and production planning that can help to ensure a successful project. 
 
PortMedia production equipment and facilities are made available on a first come, first served basis, to members that have completed PortMedia workshops or have provided proof of proficiency. 
Only current members are allowed to reserve or operate PortMedia equipment. PortMedia production equipment must be utilized to create programming that will be seen on the access channel. PortMedia equipment designated for producer use is not available for rent, 
personal use, or commercial production. 
 
Studio productions, editing, and equipment check-out must be scheduled during regular facility hours or online through the PortMedia website. Hours for portable equipment check-in/check-out may be different than regular facility hours and will be posted. 
 
Studio, edit, and equipment reservations are taken by staff only. Voicemail and direct email messages do not constitute a reservation. 
 
A member is considered a "no-show" if they are 20 minutes late without advising PortMedia. The time reserved will be made available on a first -come, first-served basis. 
 
Certified members who are repeatedly late returning equipment, fail to cancel reservations, or violate any other PortMedia policies will be subject to disciplinary action, as defined in these policies. 
 
4.2 Financial Responsibility 
Certified members must have a current Statement of Compliance Form on file 
accepting the terms to reimburse PortMedia for repair or replacement of any equipment that is damaged, lost or stolen while in their possession. If the member is under age 18, a parent or legal guardian must sign the Statement of Compliance Form. 
 
4.3 Field Equipment 
Field equipment includes camcorders, tripods, light kits, audio equipment, and other accessories for remote productions. 
 
Field equipment may be reserved for 48 hours at a time. Field equipment reservations may be extended if the additional time has not been reserved by another member provided the PortMedia staff is notified. Camcorder reservations will be taken up to 2 months in advance. 
 
Only certified members are allowed to operate the field equipment. 
 

 
4.4 Studio 
Studio includes the control room, production area, and all other equipment in them for live or recorded 
productions. Studio requests are not confirmed until they have been reviewed and entered into the studio reservation system. Studio time is scheduled in conjunction with the programming season. 
 
The total number of hours an individual may reserve during the programming season will be based on the demand for the resource. Only current members with studio certification may be used as crew for studio productions. 
 
No food or drink isallowed in controlroom or studio.Studio productions must be completed at least 
15 minutes prior to the end of the reserved time in order for staff to do a walk-through 
and complete check-in procedures. 
 
The studio must be left in a clean, orderly state, with all equipment in a "normal" setting and ready 
in time for the next production. Refer to the posted studio rules and checklist for details. 
 
No food or drink is allowed in the control room or studio. If you are bringing food for your crew, please 
use a PortMedia designated area. 
 
4.5 Editing 
Only current members certified to use the editing equipment may reserve edit time. Edit reservations 
will be taken up to 2 months in advance. No food or drink is allowed in the edit area. 
 
4.6 PortMedia Production Services 
This section is under review. Check back for updates.
 
4.7 Production Partnerships with PortMedia 
As a service to members and Newburyport, PortMedia may choose to be a co-applicant for a grant or use 
it's non-profit status to assist a member in securing a grant. In all situations, PortMedia will administer a 
administrative fee for all monies received. 
 
4.8 Public Service Announcements 
PortMedia will cablecast computer generated screens, when time is available on the channel, consisting of public service announcments and program schedules. Use of the channel is open to any non-profit organization or public agency. The channel may be 
used to announce meetings, events, and activities that are open to the public. Commercial advertisements will not be accepted. 
 

 
5. PROGRAMMING & CHANNEL USE 

5.1 Program Rights 
PortMedia members are the owners of the programs they create and as such retain the 
copyright for their program. Programs produced with PortMedia equipment must be intended for 
cablecasting on the PortMedia channel. 
 
PortMedia recognizes that additional uses occasionally develop that were not part of 
the primary intent of the producer. Producers may take advantage of these unanticipated 
opportunities only when: 
 
The producer notifies PortMedia in  advance of the additional unanticipated use of the program. 
 
No other PortMedia policy is violated. If this policy is violated, the producer 
may have member privileges suspended or revoked. 
 
There is absolutely no distribution of programs for profit. 
 
PortMedia reserves the right to retain one copy of selected programs for cablecasting and archival 
purposes. PortMedia may request but not require that programs be used for promotional purposes or distribution to other access centers. 
 
Any use of the program for fund raising activities must be by an organization that has been granted 
501(c)(3) tax exempt status by the Internal Revenue Service. 
 
5.2 Political Candidates 
Political candidates are subject to the same operating procedures and policies as 
other users of PortMedia. Everyone in the community has equal access to the facilities 
and channel time. The equal time rules do not apply to the public access channel. 
 
5.3 Program Support and Underwriting 
This section is under review. Check back for updates.
 

 
5.4 Program Content 
PortMedia encourages community members to exercise the responsible expression of 
their 1st Amendment rights. Program producers and/or sponsoring agencies are held 
solely responsible and legally accountable for the content of their programs and as 
such may be subject to prosecution for the cablecast of illegal material. 
 
Producers and/or authorized representatives of organizations supplying programs are required 
to complete a Program Contract that truthfully and accurately describes the program or 
series they are submitting for cablecast. Should the program(s) deviate from that described in 
the original Program Contract, a revised Program Contract must be completed before the 
program is scheduled. Willful falsification of this document or material misrepresentation 
of information required is grounds for revocation of membership privileges. Should a 
court order be issued against a program or series for any reason, the cablecast of that 
program or series will be suspended pending the legal decision. 
 
The following content limitations apply to any and all programs or messages cablecast on the 
access channel administered by PortMedia. Members should seek staff assistance in meeting 
these guidelines. 
 
The following are absolutely prohibited: 
 
Lotteries / Contests: Lotteries or contests that involve directly or indirectly the elements of 
a prize, chance, and/or consideration. Reference section 76.213 of the rules of the Federal 
Communications Commission. 
 
Illegal Material: Material which would subject the producer or supplier to civil or criminal 
prosecution under any applicable local, state, or federal law for production or presentation of 
obscene or erotic material, slander or libel, invasion of privacy. 
 
Licensed Material: Material that is copyrighted or subject to ownership or royalty rights, union 
residuals, or other payment (e.g. music, written works, photographs, film, video) unless 
producer has obtained all necessary permission, releases, licenses and made all necessary 
payments to authorize cablecasting of any such material. PortMedia may require members to 
provide evidence of such payment or permission. 
 
Advertising / Commercial Endorsements: Advertising or other material that is designed to 
promote commercial businesses, the sale of commercial products, or purchase of professional 
or commercial services. This includes but is not limited to, product or business endorsements 
and/or service descriptions. For example: A program guest may be identified as "John Doe 
 
-Owner ABC Business Supplies" but not "John Doe, owner ABC Business Supplies, the best 
selection and the lowest prices in town." To advise viewers how to get more information about 
program topics, program credits can include a contact name, phone number, web site or e-
mail address. Credits must be in accordance with underwriting guidelines in Section 5.2 of this 
policy manual. 
Unauthorized Fundraising: Solicitation of funds by organizations other than those pre-approved 
by PortMedia that have been granted 501(c)(3) tax-exempt status by the Internal Revenue 
Service. 
 
5.5 Potentially Indecent Programming 
PortMedia wants to provide parents and guardians with a means of controlling the viewing of 
programming with indecent material by children as well as provide viewers with notification of 
programming with potentially indecent material so they can make informed cable viewing choices. 
 
PortMedia requires a content advisory notice before each program with potentially indecent content. 
 
The content advisory notice must be formatted as such: 
 
The notice will use full screen with plain color background for a minimum of 30  seconds. 
 
While providing such notification, we do not wish to preclude the opportunity for all forms of expression 
on the PortMedia channel in accordance with all relevant laws. Programming with potentially 
indecent material as defined in these policies will be scheduled between 12:00am and 3:00am. 
 


5.6 Program Scheduling 
Channel time is made available on a reasonable, nondiscriminatory basis. 
 
All programs submitted for channel time are subject to staff review to ensure compliance with these 
policies. Staff is directed to use its discretion in withholding from cablecast any program found to be 
in violation, pending further review. 
 
When scheduling PortMedia's channels, first priority is given to programs produced by PortMedia Members. 
Second priority is given to non-local programs. Series and Single programs are considered separately; 
therefore a locally produced Single submission will not displace a non-local Series. PortMedia reserves 
the right to pre-empt all programs for live or special event coverage. 
 
PortMedia staff will attempt to accommodate all requests All programming schedule decisions by PortMedia staff are final. 
 
Viewers may contact PortMedia to request that programming be repeated and PortMedia staff will, 
to the best of its ability, try to satisfy such requests. At the discretion of PortMedia, the program provider
responsible for the program may be notified of the repeat. 
 
Series 
 
To meet the requirements of series programming, at least one new episode per month must be submitted. 
 
Time slots: Persons providing a series may request a regular time slot, which will be granted when an 
appropriate time becomes available. Series time slots are renewed twice annually on a program calendar 
basis and a Program Contract must be resubmitted at that time. PortMedia staff will attempt to provide 
a renewing Series the same time slot, however, the same time slot is not guaranteed. 
 
In order to maintain a time slot, and to meet the requirements of a Series, the program provider must 
submit at least one new episode per month. New episodes should be submitted at least two days prior 
to the cablecast date or by special arrangement with the PortMedia. Episodes that have previously played 
on PortMedia may be re-submitted only after at least six months have elapsed since the original cablecast. 
Cancellation of a Series time slot may result from a failure to meet the above conditions and is at the 
discretion of PortMedia. PortMedia staff may require four episodes to be submitted with the renewal of a 
show previously cancelled due to episodes not being supplied in a timely manner. 
 
5.7 Program Liability 
Program producer/providers must accept by signature 
the liability and indemnification agreement portion of the Program Contract acknowledging 
legal responsibility for program content. If the producer/provider is under 18, a parent or legal 
guardian must sign the program contract. The content of programs presented on the access 
channel is solely the responsibility of the producer. 
 
As such: 
 
No liability for the content of access programs for which PortMedia does not have direct 
production control shall attach itself to PortMedia , the funding jurisdictions, their agents or employees, or the cable operator. 
 
Applicants for cablecast time shall sign a release which saves and holds PortMedia, 
the funding jurisdictions, their agents and employees, and the cable operator, harmless 
for all damages or claims arising as a result of the use of access channels by the applicant. 
 
5.8 Disclosure of Information and Comment 
PortMedia shall provide program contact information via the PortMedia website for vewers and members 
of the general public. Program contact information will be provided upon request. 
 
All programs must include current contact information in the closing credits. 
 
All program producers/providers must provide to PortMedia contact information where they can receive messages or comments about their program. 
 
5.9 Political Programming 
Any program describing or endorsing declared political candidates or describing ballot issues that is 
directly related to a current campaign is considered "Political Programming." Programs which include 
appearances by incumbents acting in their current elected or professional capacity are not included in this definition. 
 
Each political program produced by PortMedia and for which PortMedia has direct editorial control will be 
non-partisan and will provide an equal opportunity for all candidates or parties concerned to participate. 
If a candidate or issue representative declines to participate, PortMedia will not be obligated to provide other opportunities. 
 
5.10 Program Media & Dubbing 
For each individual program or Series episode, program providers will have 60 days from the last 
cablecast date to pick up their programs. Media will not be returned by mail. Media left for over a 
month after the last scheduled play date becomes property of PortMedia. PortMedia is not responsible 
for media lost, stolen, broken, or erased while on the premises. 
 
If a viewer requests copies of a program, PortMedia staff will contact the producer for permission, and 
if permission is granted will provide copies for a reasonable fee. 
 
5.11 Technical Requirements 
Programs submitted for playback must have technical standards high enough to deliver a clear, consistent 
and unbroken picture to cable subscribers. Audio must be clearly understandable and at audible levels without distortion. 
 
PortMedia reserves the right to reject programs that do not meet technical standards. 
 


6. CONDUCT 
 
6.1 Suspension of Privileges 
Individuals and organizations who use the PortMedia facilities and channels must agree to 
abide by all PortMedia policies. In addition, they are expected to respect the rights and dignity 
of the staff and other individuals in the facility. Conduct that discriminates against or degrades 
any person will not be tolerated. A reasonable standard of courtesy and respect must be observed. 
 
PortMedia reserves the right to restrict any person from using PortMedia facilities for 
violation of this or other policies that result in the disruption of PortMedia activities and operations. 
 
Parents/guardians are responsible for supervising their children while in the facility. 
 
PortMedia reserves the right to refuse on a temporary or permanent basis or otherwise 
initiate disciplinary or legal actions against individuals or organizations that violate the 
Code of Conduct or otherwise interfere with or jeopardize PortMedia operations or otherwise 
violate these operating policies. Suspension/ termination of privileges may be appealed to 
the PortMedia Board of Directors as described in these policies. 
 
In addition to the Code of Conduct, individuals who use the PortMedia facilities and/or channels 
must agree to abide by the PortMedia procedures. Specific violations are set forth in writing in 
order to provide notice to all who use PortMedia facilities. They are not designed to define 
violations in exhaustive terms. Individuals may be accountable to both civil/criminal authorities 
and PortMedia for acts which constitute violations of law on or off the premises. 
 
6.2 Disciplinary Action 
Engaging in any of the acts prohibited will result in disciplinary action. 
 
Individuals shall be subject to disciplinary action for violation of any provision of the 
PortMedia policies. The PortMedia Executive Director will determine the termination 
or length of any suspension based on circumstances surrounding and the severity 
of the incident(s) that resulted in the suspension. Services may also be suspended 
or prohibited to individuals for criminal activities off-site that may pose a danger to PortMedia or its operations. 
 
6.3 Dispute Resolution & Appeals Process 
It is hoped that disputes over policy interpretation can be resolved by a good faith 
effort to reasonably discuss the problem to arrive at an acceptable solution for everyone 
involved. When this is not acceptable or practical, a user may file a written grievance 
with the Executive Director. The Executive Director will review the grievance and attempt 
to mediate a solution. If a mutually acceptable solution cannot be reached, the Executive Director will make a determination. 
 
If an individual wishes to file an appeal to a decision they should submit a Request 
for Appeal of Decision to the Executive Director within 30 days of the decision. The 
Executive Director will notify the PortMedia Board of Directors and set a meeting date 
within 30 days of the receipt of the request. Decisions of the Board of Directors are the final determination regarding the issue. 
 
Grievances relating to PortMedia staff conduct should be addressed to the Executive 
Director. Grievances relating to the conduct of the Executive Director should be addressed to the president of the PortMedia Board of Directors. 
 

 

Code of Conduct  

The following acts are prohibited: 
 
 
False information: Intentionally providing false information to PortMedia for the purpose of obtaining membership 
services, access to channel time, or to avoid determination of facts in accordance with any PortMedia investigation or hearing 
 
Misrepresentation: Individuals and organizations must not identify themselves as being an employee or agent 
of PortMedia or the funding jurisdictions unless hired by PortMedia or the jurisdictions to perform a specific service. 
 
Destroying or damaging property: Intentionally and/or recklessly destroying or damaging PortMedia property 
or the property of others on PortMedia premises or at PortMedia sponsored events or activities. 
 
Drugs/alcoholic beverages: Use, possession or distribution of any controlled substance, illegal drug, or alcoholic 
beverage on PortMedia premises or at PortMedia sponsored events. Appearance at any PortMedia sponsored 
event while intoxicated or under the influence of a controlled substance is prohibited and will be considered a violation. 
 
Weapons, firearms, explosives and dangerous chemicals: Use or possession of any weapon, explosives, dangerous 
chemicals, substances instruments or other weapons, as defined by state law, which may be used to inflict bodily 
harm on another individual or damage upon PortMedia premises or PortMedia sponsored events is prohibited, 
except when being displayed or demonstrated in conjunction with a bona fide production, for which prior 
permission has been granted by the PortMedia Executive Director. 
 
Harassment/physical harm: threatening, intimidating or harassing another with intent to substantially harm 
the person with respect to his or her physical safety or mental health. This includes causing physical harm 
to any person or property on PortMedia premises or at any PortMedia sponsored activity or causing reasonable 
apprehension of such harm to another person. 
 
Disrupting PortMedia functions: Intentionally and/ or recklessly interfering with the normal PortMedia 
operations or with PortMedia sponsored activities. 
 
Smoking: Smoking is prohibited inside the PortMedia facilities. 
 
Theft or conversion: Deprivation of another person’s property including PortMedia property or services 
without that individual’s or PortMedia’s authorization. 
 
Use of PortMedia name/logo: Unauthorized use of the PortMedia logo, name, indicia, motto, or symbols for 
any purpose without prior consent by the PortMedia Executive Director. 
 
Inappropriate behavior: Engaging in lewd, indecent, erotic or obscene behavior or language onPortMedia premises or at PortMedia sponsored activities. 
 
Unlawful acts: Engaging in any unlawful act while on PortMedia premises. 
 
Trespassing: Unauthorized entry into restricted areas.  

 PortMedia Statement of Compliance

A. I have read, am thoroughly familiar with, and agree to comply with the PortMedia Policy Handbook. I acknowledge that the PortMedia Policy Handbook may be amended from time to time by PortMedia. I agree that my use of the PortMedia facilities or resources shall constitute my acceptance and agreement to comply with all of the policies in the PortMedia Policy Handbook, including any amendments adopted by PortMedia as of the date of such use. 
B. I certify that I meet the user eligibility criteria set forth in the PortMedia Policy Handbook and have provided documentation for proof of residency. 
C. I understand that false or misleading statements made in the Statement of Compliance or in the Program Submission Form are grounds for forfeiture of the right to use PortMedia channel space, facilities, and equipment. 
D. I understand and agree that any production I create, regardless of its telecast on PortMedia or PortMedia.org, is created independently and of my own volition.  I have no relationship with, and specifically am not an employee or agent of, PortMedia, and any connection I have with PortMedia is limited to that arising from my membership in the PortMedia.  Further, I hereby accept full responsibility for, and I hold harmless and indemnify PortMedia, PortMedia.org, and the PortMedia from, any and all liability of any type that may result from my production and its telecast on PortMedia.. 
E. The provisions of this Statement of Compliance are declared to be separate and severable. Any waiver of this Statement of Compliance shall not waive the same or any other provision of this document. 
F. Program material that I will record and/or submit for cablecast will not contain: 
1. Material primarily designed to promote the sale of commercial products or services.
2. The solicitation or appeal for funds for any purpose (unless specifically authorized by PortMedia).
3. Material that constitutes or promotes any lottery or gambling enterprise.
4. Obscene material, which is defined by the U.S. Supreme Court in Miller v. California, 413 U.S. 15, 24 (1974): “A work which, taken as a whole, (1) appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.”
5. Material that constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or that might violate any local, state, or federal law.
6. “Hate speech” or “fighting word,” which are defined by the U.S. Supreme Court as ‘those, which by their very utterance inflict injury or tend to incite an immediate breach of the peace.’”
H. I have obtained or, before the program material is cablecast, will obtain all required approvals, clearances, licenses, etc. for the use of any program material I submit for cablecast, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers’ representatives, all persons appearing in the program material, and any other approvals that may be necessary to transmit program material over the channels managed by PortMedia.
I. I agree to grant to PortMedia non-exclusive unlimited rights to cablecast on cable channels administrated by PortMedia any program I submit. PortMedia may retain the media I submit or copies thereof. I understand that PortMedia is not responsible for loss of or damage to any such media I submit.
J. I agree to indemnify, defend and hold harmless PortMedia, Comcast Communications, the City of Newburyport, and their respective directors, officers, agents, and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigations) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with the PortMedia Policy Handbook, any applicable laws, rules, regulations, or other requirements of local, state, or federal authorities, for claims of libel, slander, invasion of privacy, personal injury, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the use of PortMedia channel space, facilities, equipment, or other resources.
K. I acknowledge that PortMedia has encouraged me to obtain an insurance policy that includes liability coverage to protect me in the event of a claim or litigation against me as a result of my use of PortMedia channel space, facilities, equipment, portable equipment or other resources.
L. I agree that I shall not represent myself or any other person involved in public, educational, or government access programming activities as an employee, representative, or agent of PortMedia.
M. In my use of PortMedia channels, equipment, facilities, or resources, I agree to comply with all applicable rules and regulations of federal, state, or local governments and all other regulatory agencies, including the Federal Communications Commission.
N. I agree to pay the costs or any repair of replacement of equipment or materials resulting from damage, misuse, or theft while such equipment or materials are in my possession or control, normal wear and tear excepted. I understand the penalties that apply if I do not return equipment or materials on time.
O. I have read and understand the policies relating to the use of PortMedia channel space, facilities, or equipment for any financial gain or other commercial purposes set forth in the PortMedia Policy Handbook. I understand that programming produced using PortMedia equipment or facilities in compliance with these provisions must be cablecast at least once on a channel managed by PortMedia.
R. This Statement of Compliance is non-transferable.