Illegal Programming
Illegal Programming
Public access programming may not be used for illegal purposes. City-TV assumes no legal responsibility or liability for public access programming. Users responsible for illegal programming or programming containing information defrauding or intended to defraud the viewer shall forfeit their right to air-time. There are several types of illegal programming which are prohibited by applicable federal, state or local laws.
Lottery
Information about any lottery, gift enterprise, or similar scheme offering prizes gained by lot or chance or any whole or partial list of prizes awarded by lottery, gift enterprise or similar scheme is prohibited. (Violation of this rule is subject to criminal liability under federal law, Title 18, U.S.C. Sec. 1304). For example, a program violates this if it is connected with a valuable prize awarded to any person selected by lot or chance, if the winner is required to furnish anything in exchange for the prize, or if the winner is required to buy or have any product from the sponsor of the program.
Fraud
Material which is intended to defraud the viewer or designed to obtain money by false or fraudulent means is prohibited. (Violation of this rule is subject to criminal liability under federal law, Title 18, U.S.C. 1464).
Obscene Material
Obscene material is prohibited. (Violation of this rule is subject to criminal liability under federal law, Title 18U.S.C. 1464). Whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined by not more than $10,000 or imprisoned not more than 2 years or both. (Section 639 Cable Communications Policy Act). Neither City-TV or the City of Annapolis will attempt to make a determination as to the constitutional legality of any content presented for cablecast.
A PEG cable management entity may refuse to transmit any public access program that they reasonably believe contains obscenity. Determinations of obscenity are legal questions which can be determined only after due process by a judge and/or jury. The producer of each program is exercising his/her first Amendment right to free speech and is solely responsible for the program's content. (Section 611 (E) and 639 of the Cable Communications Policy Act of 1984 and 1992).
Advertisements
Advertisements are prohibited. Advertisements means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is to promote any service, facility or product offered by any person who is engaged in such offering for profit, to express the views of any person with respect to any matter of public importance or interest or to support or oppose any candidate for political office. (Pursuant to Title 47 U.S.C. 399 (a) and (b). The prohibition against commercial advertisements will be applied to all users including non-profit users.