
What is public access television?
In the Cable Communications Act of 1984, Congress established
a provision that would permit local authorities to develop requirements
for public use of the local cable system. This provision would
enable communities to provide a "voice" for their residents
and organizations. To meet this objective in our community, the
City and local cable operator AT&T make a channel available
for the public to use on the Mountain View cable system. Any individual
or organization from the community can produce a television program,
and air it on the local public access channel. In our community,
this channel is operated by Mountain View Community Television,
KMVT, under contract with the City. KMVT is a 501 (c) (3) nonprofit
organization and provides training, staff support, and equipment
needed to produce and cablecast public access programming.
Why is public access television important?
Public access television is truly a public forum and helps
"build" community by providing a speaker's platform
for the community of Mountain View. Public access television is
a place where people can freely communicate their ideas to one
another and establish a form of dialogue where democracy can flourish.
What kind of programming can air on public access?
Programming on almost any topic imaginable can air on public
access television. The content is the sole responsibility of the
producer and is protected under the First Amendment in the United
States Constitution. All editorial control rests with the public
access producer. The programming is not censored by KMVT, the
City, nor the local cable operator. However, some content, such
as obscenity, is not protected by the First Amendment and cannot
air on KMVT or any public access channel. KMVT also prohibits
commercial programming on the channel.
Is all the programming that airs on KMVT considered public
access?
No. KMVT's staff also produces about 300 hours a year of original
community-based programming. This programming is considered "local
origination (LO)" or "staff-produced programming,"
and its content is strictly controlled by KMVT. Before the Council,
Face to Face, candidate debates, public service announcements,
and local sports are all examples of staff-produced programming.
Staff-produced programming accounts for about 25% of KMVT's total
programming. The other 75% is public access.
Can any community resident or organization produce a show
at KMVT?
Yes. All Mountain View residents and organizations can take
our training workshops and produce any programming that is of
interest to them. Non-Mountain View residents may also produce
programming at the station, but they must have a Mountain View
resident or organization sponsor their program. The sponsor supports
the program by stating that they wish to have the program cablecast
on KMVT.
Who decides what kind of programming airs on KMVT?
Station management schedules all KMVT programming depending
on channel space availability. The decision to air a program is
not content-based. Any access program that is afforded protection
under the First Amendment and submitted to KMVT by a Mountain
View resident or organization will air on the channel.
Why do some shows on KMVT come from other cities and states?
Quite often, community residents and organizations acquire
preproduced programming they want to air on the channel. This
programming is often produced in neighboring cities and at times,
other states. KMVT defines this type of programming as "Import"
or "Bicycle" programming. Any program produced outside
of the KMVT facilities can air on the channel, but the program
must be sponsored by a Mountain View resident or organization.
Bicycle programming accounts for about 50% of KMVT's programming.
Does KMVT have the power to censor public access programs?
No. Public access television by its very definition is programming
whose editorial content is exclusively controlled by the access
producer. If KMVT, the City, or the cable operator pre-screened
programming to determine what should or should not air, they would
be taking away the producer's editorial control. In turn, they
would be denying "access" to the public to use the airwaves.
KMVT does believe it has a responsibility to its producers, viewers,
and community to educate the access producer as to what content
is constitutionally protected under the First Amendment, and what
is not. However, the final interpretation of what is constitutionally
protected is the producer's responsibility.
Are there any FCC regulations regarding censorship that
public access stations, cities, or cable operators must follow?
No. In the 1984 Cable Act Congress specifically prohibited
cable operators from "exercising any editorial control over
any video programming provided" on any access channel, supporting
the fact that access channels are a public forum. Cities and public
access stations have followed suit. Sections of the Telecommunications
Act of 1992 attempted to give censorship control back to the cable
operators for indecent programming, but in June of 1996, the Supreme
Court struck down those sections sighting that indecent speech
is protected under the First Amendment and cannot be censored.
In 1973 (Miller V. California) the United States Supreme Court
developed a
three-part test to define obscenity, which is not protected
by the First Amendment. Under this test an access station could
prohibit programming considered obscene, but
the Supreme Court's definition is extremely broad and access channels
have generally had difficulty applying the three-part test. In
turn, many access stations do not attempt to censor obscene programming.
Also, in 1993, the United States Court of Appeals for the D.C.
Circuit found that the judicial system must be used to deal with
obscenity.
If I see something on the channel I don't like, can I do
anything about it?
Yes. We respect our viewers' rights as well as those of our
producers, and KMVT welcomes and encourages viewer comments. It
is important that the station and access producers receive feedback
for the programming aired on KMVT. If you see something you do
not like, please contact the KMVT General Manager and express
your concern. If the General Manager determines that the program
in question egregiously violates any station policies, the program
could be pulled from the schedule until the violation is resolved.
The viewer or producer can initiate the Grievance Process as defined
in the KMVT User's Guide if they are discontent with the General
Manager's decision.
Who can receive KMVT's channel signal?
Any AT&T cable subscriber that resides within the Mountain
View boundaries receives KMVT's signal. KMVT is not carried over
the open airwaves like CBS or NBC, it is only carried on the cable
that comes into your home.
How is KMVT funded?
KMVT receives a significant amount of its funding directly
from the City through a Franchise Agreement between the City and
local cable operator AT&T. The City receives 5% of AT&T's
total revenues (known as a franchise fee) in return for AT&T's
use of the City's "rights-of-way" for their cable system.
The City, through a separate agreement with KMVT, passes on 40%
of the franchise fee revenue to the station to provide public
access and local origination programming. In FY '00/01 this 40%
will equal approximately $170,000. The City also contracts with
KMVT to operate the City's Government Access Channel 26, and provides
30% of the franchise fee revenue to KMVT to fund Channel 26 operations.
The City allocates the remaining franchise fee revenue (30%) to
the General Fund. The City has also provided KMVT with a $300,000
equipment and facilities grant. Funding for this grant was made
possible through a one- time payment AT&T provided the City.
The grant will be paid out in yearly installments through the
year 2002. Through a separate agreement with AT&T, each year
KMVT receives a sum of $125,000 for its operations. All KMVT contracts
with the City and AT&T expire in September of 2006. KMVT self-generates
about 20% of its own income through grants, contributions, donations,
and other small access fees. All but KMVT's self-generated income
is thus derived from AT&T revenues. It is the cable subscribers
then, that actually fund their local access channel, making KMVT
a truly end-user supported service. KMVT's total budget for public
access, staff-produced, and government access in FY '00/01 (July
1, 2000 - June 30, 2001) is $605,825.
What hours does KMVT program?
KMVT cablecasts video programming from 4PM - 12 mid on weekdays
and 10AM - 8PM on Saturdays. However, KMVT's cablecasts hours
will exceed these times should the availability of local programming
warrant it. The Community Bulletin Board, Public Service Announcements,
and Station ID's run during non-programming hours.
How is KMVT, Channel 15 different than City Channel 26?
KMVT, Channel 15 is the local public access station. City
Channel 26 is the local government access channel. Unlike KMVT,
the City Channel is dedicated to City government news and information,
and the editorial control rests with the City. Live coverage of
City Council and Environmental Planning Commission meetings are
the mainstay of Channel 26 programming. In addition, programs
highlighting City services and issues are also produced and cablecast.
What is KMVT's reputation compared to other public access
stations?
KMVT is a well-respected organization in the industry and
considered a model station nationally. The past five years the
station has been honored both regionally and nationally for its
outstanding commitment to community television. In July of 1997
and 1998, KMVT won the coveted Alliance for Community Media's
national award for "Overall Excellence in Local Origination
(Staff-produced) Programming."
How does the community get involved with KMVT?
The station offers a multitude of video and television workshops
to all community members and organizations. Some of these workshops
are grant-funded and cater to specific groups. KMVT also works
closely with many local nonprofit organizations to promote their
services and events. Volunteers can get involved by helping support
public access and staff-produced productions as well as KMVT daily
operations. If a community member has a program they would like
to see aired, a message to communicate, or are simply interested
in supporting free speech, they can contact the station at , fax us at , e-mail us at