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REPORT OF THE CITY CLERK
July 13, 2004
PETITIONS RECEIVED:
None
COMMUNICATIONS:
Complaint brought against the Oshkosh Cable Television Advisory Commission for
violating its own policies and procedures.
ITEM'S TO BE FILED:
Minutes of the May 27, 2004 meeting of the Library Board.
SPECIAL CLAIMS:
Special claims submitted to the City's insurance carrier:
Jon McDorman, 958 W. 6th Avenue, in the amount of $941.33 for damages resulting from
backed up sewer.
Dan Morrill, 2458 Hickory Lane, in the amount of $118.50 for damages resulting from
backed up sewer.
Michael Skidmore, 426 W. th Avenue, in the amount of $1 ,300.50 for damages resulting
from water flooding.
Jean & Steven Wald, 4291 South US Highway 45, in the amount of $11,193.48 for
damages resulting from water flooding.
Timothy Frank, 442 W. 1 ih Avenue, in the amount 0 $8,885.00 for damages resulting from
backed up sewer.
Jay Oblewski, 1079 Durfee Avenue, in the amount of $10,130.88 for damages resulting
from backed up sewer.
Francis Larie, 1107 Michigan Street, in the amount of $1,200.00 for damages resulting
from backed up sewer.
Donald Ruck/Oshkosh Optical Center, 511 W. Murdock Avenue, in the amount of
$4,284.58 for damages resulting from backed up sewer.
7/13/2004
City Clerks Report
Page 2
C. Patrick & Rose Collier, 1695 River Mill Road, in the amount of $2,038.57 for damages
resulting from backed up sewer.
Thomas Jungwirth, 928 Reichow Street, in the amount of $3,320.00 for damages resulting
from backed up sewer.
Anne Richardson, 337 Mason Street, in the amount of $5,105.00 for damages resulting
from backed up sewer.
Ralph Hawkins, 936 Hawk Street, in the amount of $18,683.42 for damages resulting from
backed up sewer.
Terry Kiser, 1754 River Mill Road, in the amount of $8,268.34 for damages resulting from
backed up sewer.
Kathy Nimke, 315 Shoreland Street, in the amount of $4,758.20 for damages resulting from
backed up sewer.
Diana Pope, 122 E. New York Avenue, in the amount of $2,993.76 for damages resulting
from backed up sewer.
Cathy Carlson, 1520 W. 9th Avenue, in the amount of $9,051.18 for damages resulting from
backed up sewer.
Dan & Lisa Marshall, 527 W. 1ih Avenue, in the amount of $5,961.00 for damages
resulting from backed up sewer.
Mary Demler, 428 W. 8th Avenue, in the amount of $3,820.05 for damages resulting from
backed up sewer.
John Harra, 1022 Oak Street, in the amount of $200.00 for damages resulting from backed
up sewer.
Timothy Kelly, 12 E. Waukau Street, in the amount of $5,084.00 for damages resulting
from backed up sewer.
Shirley Lee, 680 Frederick Street, in the amount of $3,218.79 for damages resulting from
backed up sewer.
Kaye Watkins 1521 Westhaven Circle, in the amount of $3,710.63 for damages resulting
from backed up sewer.
Ryanna Steele, 2848 Sheldon Drive, in the amount of $5,512.12 for injuries resulting from
a monkey bite.
7/13/2004
City Clerks Report
Page 3
Gladys Coe, 659 W. 9th Avenue, in the amount of $3,375.10 for damages resulting from
backed up sewer.
William Stowe, 1540 Arboretum Drive, in the amount of $30,000.00 for damages resulting
from backed up sewer.
Brett Gorski & Tracy Kennedy, 706 N. Eagle Street, in the amount of $1,271.00 for
damages resulting from backed up sewer.
Alvin Sagmeister, 3035 Shadow Lane, in the amount of $16,548.40 for damages resulting
from backed up sewer.
5 June 2004
Pam Ubrig
Oshkosh City Clerk
215 Church Avenue
Oshkosh, VVl54901
Dear City Clerk Ubrig:
The following is a complaint brought to the Oshkosh Common Council against
the Oshkosh Cable Television Advisory Commission for violating its own policies and
procedures.
Our specific complaint is the Advisory Commission's refusal to enforce its own
Policies and Procedures adopted by them on April 2, 2003. In particular, for their
failure to enforce "Generally Offensive Programming" (Section VI. A) and to follow their
own guidelines for determining "Generally Offensive Content" (Section VI. B. I) which
reads: "Abusive language against men or women, ethnic groups, religious groups,
sexual orientation, or persons with disabilities."
The brief background provided below summarizes the basis of our complaint.
VVe appeared before the Advisory Commission at the regular May meeting on
May 5, 2004. VVe did so after one of us (Dan Rylance) filed a formal complaint with the
Commission against Gordon Doule and his show VOX POP in a response to his
interview with Rep. Carol Owens aired during the week of April 1 0, 2004. The minutes
of the M'"5 m':lng are included. A copy of our written complaint can be obtained
from the Commission staff.
The complaint alleged that the show was "homophobic, cruel and totally lacking
in fairness, to the gay/lesbian community of Oshkosh." In testimony before the
Commission, Dr. Denise Clark, a member of the Gay/Lesbian community and a
Professor of Education at UVV-Oshkosh expressed her outrage that the "comments on
the program could be construed as hate speech and slanderous language that could
endanger her reputation."
VVhat transpired was a cordial discussion between Doule and Clark and an
agreement that she would be invited to appear on a future VOX POP program to
respond to the show in question.
Our complaint, therefore, is not against Gordon Doule. Our complaint is against
the Advisory Commission for what appears to be a deliberate decision to ignore its
own guidelines as stated at the beginning of this letter.
The Commission has no protocol to file a complaint, although this is their
responsibility. The full explanation of the policies and procedures were not made
available to the complainants.
VVe were unaware of their policies and procedures at the time of our
appearance before them on May 5, 2004. VVe have subsequently read them as well as
the minutes of that meeting. VVhat we discovered is a clear and deliberate decision by
Chairman Tom VVitte and Board member Allen McCormick not to follow the
Commission's policies and procedures.
The following is taken from the minutes of the May 5 meeting.
First, Chairman VVitte. "Chairman VVitte noted it was not the duty of the cable
commission to monitor or censor the first amendment rights of any producer, and he
noted he felt that Mr. Doule produced the program in proper CATV 2 procedures."
Board member McCormick added that "past commission members spent a great
deal of time preparing and researching the policies to keep the first amendment rights
of citizens balanced with having citizens taking full responsibility for their comments
and / or actions. He felt the current policies were well designed to do both."
After reading both policies of the Commission and the minutes of the May 5
meeting, we find the comments made by the two senior members of the Commission
incredulous. In response we pose several questions:
1. Is the Commission unaware of their own policies dealing with generally
offensive programming? If not, why weren't they adhered to?
2. If the Commission or the OCA T staff refuse to pre-screen any locally
produced prqgrams for language and offensive programming, how can they
implement their own procedures which provide for a viewer warning and a later time
for the showing of such a program?
3. VVhy were the new members of the Commission and us not informed of their
procedure for dealing with abusive language at the May 5 meeting?
4. VVhy were the minutes of the May 5 meeting regarding the discussion of our
complaint lacking in accuracy and completeness? For example, no mention was made
of the petition submitted by Rylance in support of his complaint, no testimony by
Gordon Doule was included and Dr. Denise Clark's first name was misspelled. Her
first name is Denise not Denis and she is female!
5. VVhy the total silence of Frank Tower, Deputy Mayor and Common Council
member on the Cdmmission? Is he too in the dark regarding the policies and
procedures of the Commission?
VVe are strong supporters of free expression and free speech. VVe are also
proponents of tolerance and equal rights of all in the pluralistic society we are
fortunate to reside. If the "N" word would have been Used on this VOX POP program all
hell would have broken loose. VVhy not the same standard of decency for gay and
lesbians in our community?
VVe are disappointed by the unwillingness of the Commission to enforce its own
policies and procedures. Supporters and viewers of locally produced programs on
OCA T Cable deserve better.
sincerebG.>l\Q, ~
Dan Rylance, 602 East Parkway, Oshkosh, VVI (231-7597)
~. ~ elJUî/~
Dr. Denise'Clark, Assistant Professor of Special Education, UVVO (424-7032)
OCAT CATV 2
Policies & Procedures Manual
Approved by the Oshkosh Cable Television Advisory Commission April 2, 2003
OCAT CATV 2 Mission Statement:
"To provide an electronic free speech forum that promotes, encourages and reflects the cultural diversity of the Oshlwsh
community. "
Overview:
Use of the City of Oshkosh's Community Access Television 2 (CATV2) is considered a democratic right ofresponsible
Oshkosh citizens. OSHKOSH COMMUNITY ACCESS TELEVISION (OCAT) offers users fÌee usage of television
equipment for the production of community progrannning, in addition to training aud instruction in television production
techniqnes.
Like citizenship itself, community access dernaJids certain staudards of behavior. With the intention of keeping
restrictions to a mininnun, these pages spell out the staudards for using CATV 2. Please accept aud abide by our rules
aud regulations, in the spirit of cooperation that makes OCA T a conmrunication opportunity for everyone. CATV 2 rules
are administered by the OCA T Cable Media Services Director aud hislher staff.
Dermitions:
A.
CATV 2: a cable channel dedicated for use by non-profit organizations, persons or gronps residing within the
City of Oshkosh on a first-come, non-discriminatory basis including race, creed, sex, religion or general content
of progrannning.
B.
Oshkosh Cable Television Advisory Counnission: the counnission appointed by the Oshkosh Connnon Council
to advise on the administration of the cable television fÌauchise agreement with particular emphasis on all
aspects of community access, local progrannning aud the City's uses of cable television.. The Oshkosh Cable
Television Advisory Counnission mêets on the 1st Wednesday of every other month.
c.
Local Resident Prodncer: the person, gtoup, organization or other entity who conceives of the program idea aud
manages the production of the program (whether the production is done by the local resident producer or
auother crew).
D.
Advertising Material: auy material in a program designed for the sale of connnercial products or services, or
the solicitation of donations, remuneration, or barter.
E.
Obscene, Indecènt audlor Libel Material:auy material in a program audlor presentation that would be deemed
obscene, indecent or libel by local community staudards or by staudards established by auy federal, state or
local regulation or law applicable to cable television.
1.
Obscenity: the Supreme Court has defined obscenity as "works which, taken as a whole, appeal to
the prutient interest in sex; which portray sexual conduct in a patently offensive way, aud which, taken
as a whole, do not have serious literary, artistic, political, or scientific value."
2.
Indecency. in a 1992 policy statement, the Federal Connnunications Commission defined indecency
as "Lauguage ot material that, in context, depicts or describes, in terms patently offensive as measured
by contemporary community staudards for the broadcast mediwn, sexual or excretory activities or
organs.
list.
C. RecordingIPlayback Media:
1. Local resident producers are responsible for providing their own DVD's for recording and playback. OCAT
will regularly post a list of local vendors aud/or mail-order houses that carry acceptable DVD brauds. Final
edit masters set for cablecasting cau have only one program per DVD.
2. Any program submitted for cablecaston CATV2 must be on a DVD. Exceptions maybe made for other
media, however, a transfer fee may be charged to dub original program materials to DVD.
3. Each DVD submitted for cablecast on CATV2 must include:
A completed CA TV2 Cablecast Application aud Agreeri1ent Form
The CA TV2 "Local Resident Producer" countdown, introduction & disclaimer
Labels on the DVD & cover
Name of the program
Name & phone number of producer
Total running time of the progtam (TRT)
Date program was completed
D. Duplications:
1. The OCAT Cable Media Services Director will set fee rates for copies (dubs) ofOCAT progrannning.
Such rates will be based npon charges incurred for media aud dubbing costs.
2. Local resident prodncers are allowed to make one ftee dub of each program on a media they provide. If
multiple dubs are required they will be subject to normal dubbing costs.
3. OCA T "reserves the right to make copies of any programs submitted for cablecast on CATV 2, except in
situations in which a local resident producer has written notice of copyright on hislher program. OCA T
has no obligation to notify producer that a copy was made of their program.
E. Sponsorship & Underwriting: "
1. Underwriter AcknoWledgements: CATV 2 local resident producers may choose to solicit underwriting
funds for documented production expenses. Local resident producers or their crew may not receive
finaucial remuneration in underwriting agreements. However, local resident producers may list
acknowledgements of program sponsors in accordauce with Public Broadcasting System (PBS) Guidelines.
A total of 2:00 minutes will be allowed per program for underwriter acknowledgements. Before soliciting
for auy underwriting, local resident producers must present.a written proposal to .the OCA T Cable Media
Services Director for hislher approval. When announcements for donations (money given without auy
direct connection to auy progrannning) or underwriting for documented production expenses (mileage,
food, production supplies, etc.) are made, they may include:
A trade name or braud name;
Location, website aud phone number;
Logos or slogans that are not of a promotional nature;
Value-nuetral descriptions of a product line or service that aid in identifying the contributor;
Names or service listings that do not inclnde qualitative or comparative lauguage.
2. Non-Connnerical: CATV 2 local resident producers are not allowed to promote the goods or services of
any underwriter or donor. In order to avoid "promoting," announcements made regarding entities who have
funrished some consideration must not include any:
Mention of price: no interest rate, pricing information, discount, savings, or value of auy kind
may be included in acknowledging a contribution;
Can to action: auy announcement regarding a compauy or person who furnishes remuneration
to the public broadcaster may not suggest that the viewer take action-the listener cannot be
encouraged to "call," "come by," "try," or even "be sure" in relation to a product or service;
Inducements to buy: it is improper to entice the viewer to make a purchase by offering bonuses,
fteebies, or other specials;
Qualitative or comparative lauguage: this area prohibits descriptive or comparative lauguage of
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3.
Libel: Defamation by publishing or broadcasting that may expose its subject to public hatred, shame
or disgrace.
F.
Cablecast: to send video aud audic> signals through a coaxial cable television system instead of traditional
broadcast (over-the air) systems.
G.
Copyright: the exclusive legal right ofpublicatic>n, duplication, inùtation, or sale ofliterary, musical or artistic
work. All necessary copyright clearauces are the sole responsibility of the access user.
H.
LotterylRaffle: auy promotion, contest or other program that invc>lves the elements of prize, chauce aud
consideration, which is considered a lottery/raffle under applicable local, state or federal laws.
I. Who May Participate:
A. OCA T eqnipment aud facilities are owned by the City of Oshkosh aud are reserved primarily for use by Oshkosh
residents. Persons eligible In become access users aud use CATV 2 eqnipment aud facilities include:
I. All Oshkosh legal residents, defined as "residing within Oshkc>sh city linùts;"
2. Members aud employees of colÌJtnonly recognized local non-profit organizations that serve the Oshkosh
cc>mmunity.
B. Production facilities aud eqnipmentwill be made available to CATV 2 access users on a first-come, first served, non-
discriminatory, non-mc>nopolistic basis, proved they:
1. Have successfully completed the necessary required courses aud passed the evaluation given at the
conclusion c>f the course; OR cau demonstrate the basic operation of the requested equipment,
2. Are registered as either a volunteer, Ic>cal'residentproducer or sponsor ofnon-Ic>cal prc>grannning,
3. Complete aud submit the required documents for use of eqniptnent aud facilities,
4. Obey all the rules aud regulations adopted by the Oshkosh Cable Television Advisory Commission.
C. Use of OCAT eqnipment aud facilities must be for the purpose of recording aud preparing programs for cablecast
on CATV 2. Use of community access equipment for personal use, finaucial remuneration or connnercial purposes
is prohibited.
D. OCAT invites younger residents to learn community television production techniqnes, aud welcomês their
participation in the cotnmunity access process. It is necessary for acçess production applicauts between the ages
of 16-18 years of age In have their parent or guardiau co-sign all required documents. The co-signer is then
responsible, along with the user, for all costs which may be incurred as a result of damage to the facilities or
equipment, other thau normal wear aud tear. Residents under the age of 16 wishing to use the OCAT faeilitieš cau
do so only when in the presence of their parent or guardian. Parents or guardians are then responsible for the actions
of their child aud for all costs that may be incurred as a resnlt of damage to the facilities or eqnipment, other thau
normal wear aud tear.
II. Producing a Program:
A. After attending aud successfully completing the necessary training classes required, access users may begin
producing a program. CATV 2 cablecast schedules are based npon series progrannning. Whenever possible, OCAT
encourages access users to produce progrannning on a regular basis, however, one-time or special programs are also
accepted.
B. Local resident producers are responsible for gathering their own volunteer crew aud equiptnent in producing their
program. OCA T staff can assist with providing producers with the proper equipment aud passing on the volunteer
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a product or service. An announcement may not explain, for example, that something is "perfect,"
"less filling," or is the "largest," "smallest," or "most" auything.
F. Non-Locally Produced Programs (Imported):
I. Non-locally produced public access programs (programs produced outside the City of Oshkosh linúts) may
be cablecast on CATV 2 provided the following:
a. The program is sponsored by a legal resident of Oshkosh aud meets all the technical requirements (see
Section C, #3 above) aud administrative requirements as listed within these guidelines,
b. The local resident prodncer sponsoring the program completes all necessary schedn1ing aud cablecast
agreement fonns on a regular basis,
c. The local resident producer obtains all necessary rights to the program. This includes all necessary
literary, artistic, intellectual, perfonning, aud music rights as well as all necessary clearauces fÌom the
owners of licenses of such material. Local resident producers must be able to document, in writing,
that the cablecasting of such material does not violate the rights of third party.
2. Schedn1ing non-locally produced progrannning: (SEE SECTION V. SECTIONS C & E)
ID. Reserving Equipment and Facilities:
A. OCAT eqUipment and facilities are available to access users on a first-come, first-serve, non-discriminatory basis.
Access users may request equipment by completing eqUipment reservation forIns available at the OCA T offices.
All requests n1USt be completed in person, no reservations will be confirmed unless the fonns are submitted.
B. Access nsers assume full responsibility fqr the use of production facilities aud will be liable for damage, misuse or
theft that occurs while the equipment or facilities are in their possession or control. The user shall identify aud hold
harmless OCAT, the City of Oshkosh, Time Warner' Cable aud the Oshkosh Cable Television Advisory Counnission
fÌom åI1d against auy damages, liabilities aud costs of auy nature including attorney fees aud disbursements arising
out of or resulting fÌom auy action or use by the user of the eqUipment or faculties herein described.
C. OCA T staff reServes the right to refuse the USe of eqUipment or facilities to åI1y persons who appears to be under
the influence of alcohol or drugs, not in full control ofhis or her facilities, or who engages in inappropriate conduct
D. EqUipment reservations are non-ttånsferable. The access user or producer making the reservation most be present
at the time of check-out aud check-in of equipment.
E. OCA T is ,to be infonned as soon as possible of auy caucellations of reservations.
F. Reservation Limits: Please see the attached reservation reqnest fonns for specific limits in each area.
G. Section 17-11 of the Oshkosh Mnnicipal Code (Damage to Public Property) includes OCAT eqUipmentaud facilities
as public property. Continued abuse, damage or neglect to OCAT equipment or facilities are grounds for suspension
of accesS privileges.
IV. Program Content:
A. Local resident producers are fully responsible for the content of the programs that they produce. This responsibility
includes h'bel, defamation, copyright, aud any other legal accountability. Criminal prosecution aud/or civil lawsuits
cau result fÌpm illegal use of connnunity access. Applicauts are responsible for insuring that programming submitted
is not obscene, libelous, Or otherwise prohibited by law. OCAT staff are neither qualified nor permitted to advise
producers about the legality of qnestionable material.
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B. In accordauce with the Free Speech protections of the First Amendment, OCAT does not censor programs.
Progrannning rules are not intended to exercise editorial control, but to keep CATV 2 a fair and open forum for all
local residents. Neither OCAT, the City of Oshkosh, the Cable Television Advisory Commission or Time Warner
Cable accept auy responsibility for the content of access programs, except those produced or sponsored by OCAT
staff. OCAT's response to individuals with complaints about access progrannning include:
1. Referring complainant to the Winnebago County DistrictAttorney (when the prograrn is alleged to be
obscene or otherwise illegal); or
2. Advising the complainaut ofhis or her rights to present opposing views in a "response program" that would
also be cablecast on CATV 2.
C. Keeping with the concept that CATV 2 is for non-cornmercial pUIposes only, the following connnercial uses are also
prohibited on the channel:
I. Any material designed to blatautly promote the sale of products, services, trade, business or person.
2. Copyrighted materials.
3. Lottery or lottery information.
4. Direct or indirect solicitation offunds.
D. Use öfthe OCAT, CATV2 or CitiCable 10 logo or name in auy context is prohibited without the written consent
of the OCAT Cable :Media Services Director.
V. Scheduling a Program:
A. All local resident producers are required to complete a Cablecast Application & Agreement Form prior to submitting
each program for the CATV 2 cablecast schedule. All progrannning must be submitted to CATV 2 or cleared for
scheduling at least three (3) working days before cablecast.
B. Community Producers submitting a one-time or special program for cablecast may request progrannning time using
the Cablecast Application & Agreement Form. All programs submitted for cablecast on CATV 2 will be run a
mininnun of one (1) time on the channel. Any requests for additional replays of the program must be submitted with
subsequent Cablecast Application & Agreement Fonns.
C. OCAT staff is responsible for coordinating the scheduling of CATV 2 progrannning. Scheduling will be available
on á first-corne, first-se1"ve båsis keeping the following priorities:
1. OCA T produced programs or specials;
2. Friends of OCA T sponsored programs or partnerships;
3. Regularly produced local progrannning (done by local resident producers);
4. NQn-locally produced progrannning (sponsored by local residentploducers).
D. SERIES PROGRAMMING: In many situations access users are producing programs in a series. Once a local
resident producer completes six (6) shows in a series, they will qualify for a regular timeslot on the channel.
Producers may select auy available time fÌom the existing schedule on a first-come, first serve basis. Producers will
continue to hold this timeslot until auy of the following occurs:
1. The producer chooses to discontinue producing a program, (shown by not submitting a new program after
three weeks),
2. The producer decides to chauge the timeslot to a different time (See Clearing of Boards below).
E. CLEARJNG OF THE BOARDS: To ensure fair aud equitable access for ali access users, whenever needed, OCAT
staffwill conduct a "Qearing of the Boards." This exercise clears the program schedule of all community-produced
regular timeslots, and allows all producers to reschedule new or existing times on a lottery basis. Once scheduled,
the new timeslots will remain until OCA T staff detenuine there is enough demand to conduct auother "Clearing of
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the Boards." Series progrannning will be scheduled keeping the following priorities:
I. Local programs produced by local resident producers,
2. Non-local programs sponsored by local residents.
F. OCAT requires that all programs submitted for cablecast on CATV 2 must be turned in48 hours prior to when it
is scheduled to air. Failure to meet this deadline may result in a program not being cablecast. Whenever possible,
OCA T staff will atteropt to schedule a repeat program If after three weeks a new program has not been submitted
to be cablecast, OCA T staff reserve the right to reschedule other progrannning in its place.
VI. Special Programming Considerations:
A. GENERALLY OFFENSIVE PROGRAMMING: These guidelines are not intended to discourage fÌee expression,
but rather to achieve a balauce between the First Amendment right to fÌee speech aud the cable subscriber's right
to be protected fÌom unwanted viewing of offensive material. OCAT is a public forum which provides first-come,
first-served public access aud whose program schedule is managed by reasonable time, place and ttJauner constraints.
OCAT policy is not to cablecast programs which are obscene under federal or Wisconsin law. CATV2 will
cablecast programs that are identified as "Generally offensive" under the following guidelines. The Oshkosh Cable
Televisiön Advisory Counnission expects that these guidelines will chauge in the future based npon actrial
experiences..w!th specific programs;
B. Guidelines for determining "Generally Offensive" Content:
A program, which contains auy of the following, will be considered to be "Generally offensive to some audiences."
It will be cablecast with a viewer warning'disclairner and in a "Late Night" slot (between midnight aud 4:00 a.m).
Series producer's prógrari1s that must be run in a "Late Nighf' slot will forfeit all other regular weeklyreplaytime(s)
uutil the program is not identified as a "Generally offensive" program.
1.
Lauguage
a. Slang, vulgar or colloquial expression which refers, in the context in which it is used, to sexual intercourse,
masturbation, anal or oral sexual contact, to human geuitals, or to hUUJai1 elimination; or
b. Abusive lauguage against men or women, etbuic groups, religious groups, sexual orientation, or persons
with disabilities.
2. Specified sexual activities
a. Human genitals in a state of sexual stinmlation or arousal.
b. Acts of human masturbation, sexual intercourse or sodomy.
c. Fondling or other erotic touching ofhUUJai1 genitals, pubic region, buttock or female breast
3.
Specified anatomical areas
a. Less thau completely aild opaquely covered hurnau genitals, pubic region:, buttocks, female breasts below
a point immediately above the top of the areola; aud
b. Human ¡naIe genitals in a discemibly turgid state even if completely aud opaquely covered.
4. Violence
a. Extterne acts of violence against actual people; or
b. Depictions of extterne violent acts in dramatic aud/or poetic manners.
5. Graphic Images
a. Images or depictions of human or auirnal elirninàtion aud/or mutilation;
b. Images or depictions of graphic medical surgical procedures; or
c. Images or depictions abnsive against men or women, etbuic groups, religious groups, sexual orientation,
or persons with disabilities.
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In addition to the foregoing factors, OCAT staff also have the authority to detennine classification as generally
offensive based on the items, which may not be listed above. Ifa live program is intended for a general audience,
and measures are taken to prevent indecent lauguage to no avail, scheduling of replays as adult prograrus cau be
avoided by editing out vulgarities. If indecent lauguage cannot be deleted, then the producer nmst add a viewer
disclaimer to the program aud auy subsequent replays will occur in "Late Nighf' time slots.
Disclosure of "Generally Offensive" Content Each local resident producer is reSponsible for certifying on the CATV
2 Cablecast Application Agreement whether their programming contains auy "generally offensive" material according
to the above guidelines. Should auy producer fail to properly disclose the "generally offensive" nature of the
program on the Cablecast Application Agreement, OCAT has the right to suspend or terntinate the producer's
privileges. Any suspension or terntination of privileges will include both the producer aud all other persons
associated with the production of the program.
LOCAL RESIDENT PRODUCER DISCLAIMER: All CATV 2 programs are required to include at the beginning
of the program the CA TV2 "Local Resident Producer" countdown, introduction aud disclaimer with both audio and
video.
VIEWER WARNING DISCLAIMER: In prograrus that have been identified to include "generally offensive"
material, focal resident producers will include.a viewer warning disclaimer that immediately follows the standard
Local Resident Producer Disclaimer stating: "This program contains generally offensive material which may be
disturbing to some viewers. Parental discretion is advised. The program content is the sole responsibility of the local
resident producer and do nötreflect the views or policies ofCATV2, OCAT, the City of Oshkosh, the Oshkosh Cable
Television Advisory Counnission or Time Warner Cable."
OCA T retains the right to place a viewer warning disclaimer before auy program.
c. POLmCAL CANDIDATES: Politicalcaudidates cau utilize the channel as like auy other access user, 'provided
they abide by the CATV 2 Policies & Procedures. In addition, the Oshkosh Cable Television Advisory Counnission
feels it is irnportaut all caudidates are aware of the options for using this channel. Therefore, the Counnission has
provided the following information for all caudidates I'lI!JIiliíg for office:
I. Political caudidates cau appear on OCA T progrannning by:
a. Appearing as a guest on a program;
b. Participating in a televised caudidate forum;
c. Producing aud appearing on their own program;
d. Having a resident of Oshkosh "sponsor" their taped program to be run on CATV 2.
2. OCAT staff WILL assist political caudidates by:
a. Helping caudidates find producers to have them on as guests;
b. Training caudidates aud/or their supporters in becoming their own producers;
c. Schedn1ing programs to be cablecast on CATV 2.
3. OCAT staff WILL NOT do the following:
a. Produce auy progrannning for political caudidates, campaigns or referenda, (with the exception of
caudidate forums);
b. Provide special "rebuttal" time for caudidates;
c. Make special schedn1ing chauges- (i.e.- bwnping a regular program to make room for a political rebuttal
program two days prior to au election).
4. Other irnportaut issues regarding political caudidates aud their usage of CATV 2:
a. Caudidates may appear on CATV 2 progrannning UP to the election day;
b. Theie are no limits to how often caudidates may appear on progrannning;
c. Caudidates aud/or producers take fiùI responsibility for their words or actions while appearing on a
program-- OCA T, the City of Oshkosh aud Time Warner Cable are not held liable for the content of auy
prograrus;
7
de CATV 2 is not reqnired to provide "eqna1 time" provisions unlike broadcast television;
e. CATV 2 progrannning consists of series (weekly programs with connnunity producers), and non-series
(without a guaranteed tirneslot). Series programs have a pennanent timeslot aud ca1Ì drop a new program
in at auy time, while non-series programs need to be scheduled at least three weeks in advauce;
f. OCA T offers training classes on how to use community television throughout the year- caudi&tes should
register for classes well in advauce of the election.
VII.
Denial of Access Privileges/Appeals:
A. VIOLA TIONS:Non-comp1iauce of OCA T policies aud procedures will not be tolerated. The following discip1inary
steps will be taken for offenders:
I. Upon a violation the access user will receive a written explanation of their violation with notice of their
inunediate tempotaty suspension of access privileges until the matter is reviewed by the Oshkosh Cable
Television Advisory Counnission at their next regularly scheduled meeti11g. Those wishing to appeal the
suspension must aþpear at this meeti11g aud present their request for appeal in writi11g 24 hours prior to the
meeti11g. All documents to be presented by appellauts must be presented with their request for appeal.
2. The Cable Commission will review the violation at their next meeti11g aud if they uphold the violation the access
privileges of the access user in question may.be suspended for np to one year.
3. Those disagreeing with auy suspension decision may appeal to the Oshkosh Common Council within thirty days
of receiving their suspension decision letter by submitting a written request to the City Clerk containing the
explicit reasons based ~n OCA T policy for their appeal.
8
MINUTES
Oshkosh Cable Television Advisory Commission
Regular Meeting
May 5, 2004
The regular meeting of the Oshkosh Cable Television Advisory Commission was held at
4:00 p.m. on May 5, 2004 in Room 404 of City Hall.
The meeting was called to order by Chainnan Witte and roll call was taken. Present were
members Mr. Williams, Mr. Tower, Mr. Kerkhof and Mr. McConnick. Also present
were Jon Urben, OCAT Cable Media Services Director. Chainnan Witte then introduced
the two new members to the Commission, Ms. Lyn Miller and Ms. Robin Asbury. The
Commission welcomed the new members.
Chainnan Witte then asked for consideration of the minutes from the January 7 meeting.
It was moved by Mr. Tower, seconded by Mr. Williams, that the minutes be approved as
presented. Motion carried unanimously.
Chainnan Witte then asked for any communications from cable subscribers or the general
public. Mr. Urben then distributed a citizen complaint filed by Dan Rylance at 602 E.
Parkway. Mr. Rylance's complaint was against a program produced by a local resident
producer (Gordon Doule) on his show "Vox Pop" shown the week of April 10 on CATV
2. Mr. Rylance noted he felt the comments of Mr. Doule and his guest (State
Representative Carol Owens) was "homophobic, cruel and totally lacking in fairness to
the gay/lesbian community of Oshkosh." Mr. Urben then showed a tape of the specific
area of the program in which Mr. Rylarice took exception. Chainnan Witte then asked if
either Mr. Rylance or Mr. Doule would care to address the Commission. Mr. Rylance
reiterated the basis of his complaint. He then asked if Dr. Denis Clark from UW-
Oshkosh could speak on the matter. Dr. Clark also expressed her outrage towards the
comments said on the Vox Pop program. She noted the comments on the program could
be construed as hate speech and slanderous language that could endanger her reputation.
Mr. Doule then spoke and expressed his reasoning for his comments. Upon further
questions, Mr. Rylance noted they would like an invitation to appear on Vox Pop with
Mr. Doule to explain their side on the matter. Mr. Doule noted he would be agreeable to
this.
Chainnan Witte then opened the discussion to the Commission. Ms. Asbury was
personally offended by the comments on the program, and questioned whether the
program was libelousV~r if there should be equal time for opposing views. Mr. Kerkhof
noted he didn't thing equal time was required on access channels, which Mr. Urben
confinned. Mr. McConnick noted he felt such programs needed balance, and felt the
comments could be construed as hate speech. Mr. Williams noted past commission
members spent a great deal of time preparing and researching the policies to keep the first
amendment rights of citizens balanced with having citizens taking full responsibility for
their comments and/or actions. He felt the current policies were well designed to do
both. After further discussion by commission members, Chairman Witte noted it was not
the duty of the cable commission to monitor or censor the first amendment rights of any
producers, and he noted he felt Mr. Doule produced this program in proper CATV 2
procedures. Mr. Witte noted there seemed to be a compromise between both parties, and
asked them to try to work out a date where they could both appear on Mr. Doule's
program. Both parties then left the meeting to work out a date to tape this program.
There being no further communications fÌ"om the general public, Chairman Witte asked
for the Report of the Franchisee. It was noted that former TW representative Barb
Pandolfo has a new position within TW and will no longer be attending the meetings.
She forwarded information that Steve Kim (Esq.) will be the new representative. Mr.
Urben distributed a new cable commission member list for all parties with contact
information.
There being no Report of OCA T or any Unfinished Business, Chairman Witte then asked
for any New Business. Mr. Urben distributed drafts of the CATV 2 policies and
procedures for discussion. He noted this recent complaint has been a healthy exercise for
both staff and the commission in testing procedures for such incidents. Mr. Urben then
distributed a new citizen complaint form they will be implementing for any future such
incidents. ~
Mr. Urben also noted it was clear the CATV 2 procedures needed some adjustments,
which he then presented in the form of several new revisions and updates to the
document. Many of these update simply clarified procedures as to how content
complaints would be addressed for any possible future incidents. After some discussion
the Commission agreed to review the new proposals and table this item for discussion at
the July meeting. Mr. McCormick complimented both Mr. Witte and Mr. Urben for the
procedures used in the handling and hearing of this complaint.
Still under New Business was the annual election of Commission Chair and Vice-Chair
for one-year terms. It was motioned by Mr. McCormick, seconded by Mr. Williams, that
Mr. Witte be re-elected as Chair of the Commission. Mr. Witte accepted the nomination.
No other nominations were presented. Motion carried unanimously. It was then
motioned by Mr. Witte, seconded by Mr. McCormick that Mr. Williams be re-elected as
Vice-Chair of the Commission. No. other nominations were presented. Motion carried
unanimously. Both terms would run until June 2005.
Chairman Witte then asked for the date of the next meeting. It was noted the next Cable
Commission meeting would be scheduled for Wednesday, July 7,2004 in Room 404. It
was motioned by Mr. Tower, seconded by Mr. McCormick, that the Commission
adjourns at 5:02 p.m. Motion carried unanimously.
Respectfully submitted,
{lfJ#t II. u~
OCAT Cable Media Services Director
City of Oshkosh
cc:
Mr. Richard Wollangk, City Manager
Mr. Steve Kim, Time Warner
Vox Pop
Gordon Doule interview of Carol Owens Representative District 53 (Omro area)
Parents that work all the time and their children come home at 3 in the afternoon
watching television and seeing pornography in the bible it says spare the rod and spoil the
child but that doesn't mean they can beat the daylights out of that child but show them
right ITom wrong... spanking is not child abuse... all you are doing is educating them that
certain things are right and certain things are wrong and that is part of education in our
society even
You can do a lot more harm to the child than spoil them to death
Not enough love to much hate
Society doesn't have a heart
Other kids are mean
Hug a child you may be accused of other things
We are in some troubled times but we'll see it through I'm sure
Well you can go on about some of the other things you think are important in society.
Let's talk about the defense of marriage. This has gotten so blown out of proportion. This
is not a homosexual issue. This is a family issue. Our family structure is the basis of
society for goodness sakes. And where people have taken this to the wrong direction. It's
all about money. They want two people living together whatever the conditions are to get
the tax credit. If two sisters live together in the same apartment that's fine, but they're not
a household they're not a family and under this proposal that anybody gets married and
you call it a marriage two sisters could get married and they would have the tax breaks
that were made for traditional families with people with children trying to raise a family
under so called nonnal conditions. It's all about money. Its not about lifestyle What
people do with their life how they choose to live their life that's their business they're
going to have to answer for their questions to their questions about it they are going to
have to answer for their actions somewhere along the way if it serves them I guess who
am I to say it is all about money. Its about tax credits and the slippery slope here that they
would like to trick you into it could be a man and a woman and they say that's a husband
and wife and there is the slippery slope to terminology they're both the same sex one says
he's the wife one says he's the husband that's just isn't the way it is folks. so
That's for sure. You are hitting some real good nails on the head.
I probably will have some barbs thrown at me but that this is no secret that this is my
position I haven't changed it has always been my position families first.
I think that you are really hitting the nail on the head and when they call a homosexual
marriage that is also ridiculous because now I could go along possibly with civil unions
but I would not call that marriage by any stretch but I have known even in WWII I knew
a couple of guys that were close together because they liked each other a whole lot but if
. .
they're having sex together and all of that kind of nonsense then they're homosexual and
even in our bible it says he who lies down with another man is an abomination well we
don't want abominations in our society I'm sure and same sex marriage would get this all
into We've got enough lower morality by what the supreme court has legislated without
putting another thing in there to add to it and I think you've got an excellent idea and you
can go on and extrapolate on that if you'd like.
Well I don't want to dwell on it but I just want people to know where I'm coming ITom. I
bear none of them ill will. I wish they could see it ITom where I see it. I think and and
they are very talented people they are gifted people they are people just like we are. but
when they say we going to get married or it's a marriage it just isn't possible. I think they
should have every opportunity to education, to professional work, to do whatever they
want in life to use their talents. They can be an aide to society. We don't want to put
those people down I'm just saying its all about money. It's not about family. We don't
want to dwell on that it a sour note in the concert if you will.
Well that's why I brought in the subject of civil unions that there'd be a possibility of that
that could be okay and moral and it would be about money but under those circumstance
though I would not call it marriage I would call it a civil union but there again I would
say if they are two of the same sex that they would not be allowed to adopt children and
have children in that location because if they are truly homosexuals you would teach
children that that's an acceptable way oflife to go to bed with each other and do that kind
of thing and that is like you pointed out a little earlier really down the slippery slope so I
just adding to what your saying but you go on you're the guest here.
Kraft,
Ubrig, Pam
Cable Commission Formal Ruling
Warren: the cable commission formally denied Mr. Rylance's complaint against Mr. Doule at last
night's commission meeting. Their May 5 meeting minutes were amended to include a formal
denial. Here's the minutes as amended. ion
catv minutes
S-S-O4.doc
MINUTES
(Amended at the 7/7/04 Commission meeting, see underlined areas below)
Oshkosh Cable Television Advisory Commission
Regular Meeting
May 5, 2004
The regular meeting of the Oshkosh Cable Television Advisory Commission was held at
4:00 p.m. on May 5, 2004 in Room 404 of City Hall.
The meeting was called to order by Chairman Witte and roll call was taken. Present were
members Mr. Williams, Mr. Tower, Mr. Kerkhof and Mr. McCormick. Also present
were Jon Urben, OCAT Cable Media Services Director. Chairman Witte then introduced
the two new members to the Commission, Ms. Lyn Miller and Ms. Robin Asbury. The
Commission welcomed the new members.
Chairman Witte then asked for consideration of the minutes from the January 7 meeting.
It was moved by Mr. Tower, seconded by Mr. Williams, that the minutes be approved as
presented. Motion carried unanimously.
Chairman Witte then asked for any communications from cable subscribers or the general
public. Mr. Urben then distributed a citizen complaint filed by Dan Rylance at 602 E.
Parkway. Mr. Rylance's complaint was against a program produced by a local resident
producer (Gordon Doule) on his show "Vox Pop" shown the week of April 10 on CATV
2. Mr. Rylance noted he felt the comments of Mr. Doule and his guest (State
Representative Carol Owens) was "homophobic, cruel and totally lacking in fairness to
the gay/lesbian community of Oshkosh." Mr. Urben then showed a tape of the specific
area of the program in which Mr. Rylance took exception. Chairman Witte then asked if
either Mr. Rylance or Mr. Dollie would care to address the Commission. Mr. Rylance
reiterated the basis of his complaint. He then asked if Dr. Denis Clark from UW-
Oshkosh could speak on the matter. Dr. Clark also expressed her outrage towards the
comments said on the Vox Pop program. She noted the comments on the program could
be construed as hate speech and slanderous language that could endanger her reputation.
Mr. Doule then spoke and expressed his reasoning for his comments. Upon further
questions, Mr. Rylance noted they would like an invitation to appear on Vox Pop with
Mr. Doule to explain their side on the matter. Mr. Doule noted he would be agreeable to
this.
Chairman Witte then opened the discussion to the Commission. Ms. Asbury was
personally offended by the comments on the program, and questioned whether the
program was libelous or if there should be equal time for opposing views. Mr. Kerkhof
noted he didn't thing equal time was required on access channels, which Mr. Urben
confirmed. Mr. McCormick noted he felt such programs needed balance, and felt the
comments could be construed as hate speech. Mr. Williams noted past commission
members spent a great deal oftime preparing and researching the policies to keep the first
amendment rights of citizens balanced with having citizens taking full responsibility for
their comments and/or actions. He felt the current policies were well designed to do
both. After further discussion by commission members, Chairman Witte noted it was not
the duty of the cable commission to monitor or censor the first amendment rights of any
producers, and he noted he felt Mr. Doule produced this program in proper CATV 2
procedures. Mr. Witte noted there seemed to be a compromise between both parties, and
asked them to try to work out a date where they could both appear on Mr. Doule's
program. Both parties then left the meeting to work out a date to tape this program. It
was moved bv Mrs. Miller, seconded by Mr. Kerkhof, that the Oshkosh Cable Television
Advisory Commission formally deny Mr. Rylance's complaint against Mr. Doule and his
program. Motion carried unanimouslv.
There being no further communications from the general public, Chairman Witte asked
for the Report of the Franchisee. It was noted that former TW representative Barb
Pandolfo has a new position within TW and will no longer be attending the meetings.
She forwarded information that Steve Kim (Esq.) will be the new representative. Mr.
Urben distributed a new cable commission member list for all parties with contact
information.
There being no Report of OCA T or any Unfinished Business, Chairman Witte then asked
for any New Business. Mr. Urben distributed drafts of the CATV 2 policies and
procedures for discussion. He noted this recent complaint has been a healthy exercise for
both staff and the commission in testing procedures for such incidents. Mr. Urben then
distributed a new citizen complaint form they will be implementing for any future such
incidents.
Mr. Urben also noted it was clear the CATV 2 procedures needed some adjustments,
which he then presented in the form of several new revisions and updates to the
document. Many of these update simply clarified procedures as to how content
complaints would be addressed for any possible future incidents. After some discussion
the Commission agreed to review the new proposals and table this item for discussion at
the July meeting. Mr. McCormick complimented both Mr. Witte and Mr. Urben for the
procedures used in the handling and hearing of this complaint.
Still under New Business was the annual election of Commission Chair and Vice-Chair
for one-year terms. It was motioned by Mr. McCormick, seconded by Mr. Williams, that
Mr. Witte be re-elected as Chair of the Commission. Mr. Witte accepted the nomination.
No other nominations were presented. Motion carried unanimously. It was then
motioned by Mr. Witte, seconded by Mr. McCormick that Mr. Williams be re-elected as
Vice-Chair of the Commission. No other nominations were presented. Motion carried
unanimously. Both terms would run until June 2005.
Chairman Witte then asked for the date of the next meeting. It was noted the next Cable
Commission meeting would be scheduled for Wednesday, July 7, 2004 in Room 404. It
'.
was motioned by Mr. Tower, seconded by Mr. McCormick, that the Commission
adjourns at 5:02 p.m. Motion carried unanimously.
Respectfully submitted,
Jon G. Urben
OCAT Cable Media Services Director
City of Oshkosh
cc:
Mr. Richard Wollangk, City Manager
Mr. Steve Kim, Time Warner