Program Content Restrictions

The following restrictions apply to all public access programming. Programs may not contain:

Solicitation, advertising, bartering or promotion of commercial products, services, or transactions;

Material that is, slanderous, libelous, an invasion of privacy, or made unlawful;

Material that is obscene; (Obscenity is defined as material that the average person, applying contemporary community standards, would find that considered as a whole, its predominant appeal is to the prurient interest in sex and it depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion, or lewd exhibition of the genitals, and considered as a whole lacks serious literary, artistic, political, and scientific value.) Predominate appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience. Current enforcement policy identifies as obscene any video which includes genital contact in any sexual content as well as any sexual oriented situations involving minors, or humans and animals. Sexuality involving human excretory products is also not allowed. These rules do not apply to simulated sexuality between adults or any legal activity between adults which does not show the genitals.

Material concerning lottery information, gift enterprise, or similar scheme;

Unlawful use of material requiring union residual, or other payment including but not limited to talent and crew;

Unlawful use of material that is copyrighted or subject to ownership or royalty rights, right of publicity, or other payment.

Commercial Programming Restriction

Commercial Programming is strictly prohibited on the public access channels. As noted above, programs may not contain solicitation, advertising, bartering or promotion of commercial products, services or transactions. Programs may not contain commercial telephone numbers or websites anywhere within the program except as noted below under "Program Credits for Contribution of Goods and Services," nor may programs contain information about purchasing a product or service.

DENVER OPEN MEDIA recognizes the commercial nature of non-original record and Film Company produced programming, including music videos and film trailers. In order to prevent the promotion of commercial products on the public access channel, programs containing more than 50% of such material are prohibited.

(Commercial program providers are encouraged to contact their local cable company regarding "leased access" and "commercial use" cable channels. In Denver, these channels are administered by Comcast and Champion Cable; these channels are not affiliated with DENVER OPEN MEDIA.)

Representation of Authorizations

Channel users must represent that they have obtained all necessary permission for material and individuals appearing in their programs. Channel users are required to provide satisfactory evidence of such permission upon request by DENVER OPEN MEDIA.

Adult, Violent, Medically Graphic Programming

DENVER OPEN MEDIA wants to provide a means of notifying parents or guardians when programming appears on the access channels that may be inappropriate for children. DENVER OPEN MEDIA also wants to assist people in making informed viewing decisions while providing an opportunity for all forms of expression without censorship and in accord with existing laws.

Programs containing mature themes, mild profanity, or lifelike imagery of nudity for the purposes of artistic, literary, political, or scientific discourse will be scheduled after 9:00pm. Programs containing depictions or simulations of sexual intercourse will be scheduled after 11:00pm.

Programs containing and / or entitled with excessive vulgar language, nudity, extreme physical violence, extreme degradation, graphic depiction of invasive medical procedures or indecent material will be preceded by a message advising viewer discretion and will be scheduled between the hours of 10:00 p.m. and 6:00 a.m. Indecent material is defined as material that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.

Channel users shall be responsible for notifying DENVER OPEN MEDIA if their program contains material requiring an advisory message.

It is a violation of DENVER OPEN MEDIA policy to submit for cablecast programming that is obscene or otherwise made unlawful.

Charging for Time on the Access Channels

Time on the public access channels is available free of charge to paying members of DENVER OPEN MEDIA. Producer Members may not require compensation from individuals in exchange for appearing on a public access channel. Furthermore, channel time may not be bartered or sold.

Program Credits for Contribution of Goods and Services

Programs may contain credit for individuals, businesses or other organizations that have contributed goods, services or funding used in the program production. Individual credits for such contributions are limited to fifteen seconds. Total credits for all contributions are limited to sixty seconds. Credits may include an acknowledgment of the contribution made. Credits may not contain any advertising information. The following guidelines apply to all credits for contributors:

- Credit must appear at either the beginning or end of the program;
- Credit may be aural, visual or both;
- Credit may include a logo;
- Credit may include a name, address, and phone number;
- Credit may include a phrase describing the business of the contributor and the nature of the contribution;
- Credit may not contain any qualitative or promotional information.

Phone Numbers, Website Addresses and Other Contact Information

Only non-commercial phone numbers and website addresses can be displayed throughout the duration of programming. This does not apply to commercial phone numbers or websites, which can only be displayed as a credit for contribution of goods and services.

Solicitation by Non-Profits

Solicitation of funds during access programs is limited to non-profit organizations, pending DENVER OPEN MEDIA approval. An IRS letter of determination indicating 501 (c) (3) status must be submitted, and funds raised must go directly to DENVER OPEN MEDIA or its parent company, Deproduction, who can then pass on the donations to the approved NonProfit, minus a processing fee. Only Colorado–based non-profit organizations may fundraise. The IRS letter of determination must be on file with DENVER OPEN MEDIA prior to any solicitation of funds. The 501 ( c ) 3 determination does NOT apply to political fund-raising, religious organizations (such as churches, synagogues, mosques, and other places or worship), and to certain types of foundations. The 501 ( c ) 3 is a federal designation, not a state or city designation.

Limits of Liability

DENVER OPEN MEDIA is not liable for any mistakes, omissions or interruptions in the cablecast and any other means of distribution of programs. DENVER OPEN MEDIA is also not liable if the program or material submitted is damaged, lost or stolen while in its custody except in the case of gross negligence on the part on DENVER OPEN MEDIA resulting in damage or loss of submitted tapes. In cases of gross negligence on the part of DENVER OPEN MEDIA, liability is limited to the cost of replacing a blank videotape in exchange for tapes submitted for cablecast. DENVER OPEN MEDIA strongly suggests not submitting master tapes.

Failure to Comply with Stated Policies and Applicable Law

DENVER OPEN MEDIA is committed to providing video production facilities and workshop training at reduced costs for production of non-commercial Public Access programs. All users are welcomed to use the facilities in the manner described in existing policies. The Executive Director may impose, at his/her discretion, sanctions and penalties for failure to comply with DENVER OPEN MEDIA policies.

Facility users are responsible for their actions within the facility and the care of the equipment they use. Producers, facility users and their guests are to abide by DENVER OPEN MEDIA’s Code of Conduct and Production Policies. DENVER OPEN MEDIA may require reimbursement for replacement or repair of property and equipment damaged by facility users. At the discretion of the Executive Director, persons who fail to pay for such reimbursements or whose behavior is not in accordance with DENVER OPEN MEDIA’s Code of Conduct and Production Policies may be suspended or banned from use of the facilities.

DENVER OPEN MEDIA channels, equipment, and facilities may be used for production of non-commercial Public Access programs only (unless paying commercial rates for use of equipment and facilities).

Commercial programming is strictly prohibited, and the facilities may only be used for Public Access programs intended to air on DENVER OPEN MEDIA channels. DENVER OPEN MEDIA may impose fees from persons found to be using DENVER OPEN MEDIA facilities, and/or equipment for non-Public Access purposes. At the discretion of the Executive Director, such persons may be suspended, banned, and/or charged a fee for such violations. In addition, Deproduction retains unlimited (though non-exclusive )rights to any material created using our equipment.

DENVER OPEN MEDIA will make every reasonable effort to inform individuals about programming polices and prohibitions when a violation has occurred and to cure those violations. DENVER OPEN MEDIA reserves the right to take any action with regard to program scheduling and transmission to comply with applicable law and to ensure compliance with these policies, including but not limited to immediately suspending access rights.

Submitting false information in connection with scheduling a program will result in program cancellation and restrictions in scheduling future programs.

Failure to provide programs as scheduled will lead to program cancellation and restrictions in scheduling future programs.

Accumulation of multiple programming suspensions may result in a permanent ban from the use of DENVER OPEN MEDIA’s facility and/ or prohibition from scheduling future programs.