Brevard County (Florida)
Administrative Procedures
 

7511 - MEDIA BROADCAST OF STUDENT ATHLETIC COMPETITIONS

 

A.

General Information

     
   

The School Board of Brevard County hereafter known as SBBC welcomes responsible media organizations to report and promote the District's student athletic competitions. The SBBC is a member of the Florida High School Athletic Association hereafter known as FHSAA which has rules and regulations in place regarding the release of information about FHSAA business and activities, the issuance of media credentials and broadcast rights for radio and television to FHSAA State Series contests, as well as general operating procedures for news media at FHSAA State Championship events. All other regular season competitions shall be governed by this policy as the FHSAA does not control the mediaís reporting of regular season events. Print editors and broadcast directors should carefully review FHSAA policies and procedures applicable to their organization regarding State Series events and this policy regarding non-State series events.

 

B.

Requesting Access to Broadcast Athletic Contests at a School

     
 

1.

Requests by the media to film, record, broadcast, and internet stream a sporting event must be submitted to the schoolís administration a minimum of ten (10) days in advance via a completed facility use agreement form as found in Board Policy 7510 along with a full typed written outline describing what the broadcasting company desires to film/broadcast, how many representatives from the media organization are required to be on site to support the broadcast, where the broadcast representatives desire to be stationed during the competition, the broadcast mediaís desires with regard to access to coaches and players, and the amount and extent of equipment that will be on campus during the broadcast (the media organization will be considered a category III user for purposes of Board Policy 7510). The outline must state that the broadcasting company has fully read, understands, and agrees to abide by all requirements found in Board Policy 7511 and the administrative procedures for this policy. The outline must be signed by a principal from the media organization that has the authority to obligate the company to all rules and requirements found in this policy and procedure. It is the responsibility of the individual media organization to confirm that his or her request has been received.

   

2.

The decision to allow the media to access the school to film, record, broadcast, or internet stream a sporting event is the sole discretion of the Superintendent or his/her representative which in most cases is the school principal. Submission of a completed facility use agreement and description of activities does not guarantee the media representative(s) will have access to film, record, or broadcast the event. All requests to film, record, or broadcast will be reviewed and must be approved by the Superintendent before access will be granted. The media organization must abide by all access changes or limitations to the competition required by the Superintendent. The Superintendent will notify any individual broadcast organization whose request has been denied.

 

3.

Only those representatives whose requests are submitted by the advertised deadline and are approved will be granted access to the school grounds to film, record, and broadcast the event. Access will be granted on a first come, first served bases. Late requests may be submitted, but due to time constraints may not be granted. Proper photo identification of all media representatives will be required of individuals allowed on campus. Media organization representatives who wish to have access to a school during normal school hours or who wish to have direct access to students to perform interviews thirty (30) minutes or more prior to or thirty (30) minutes or more after the athletic contest must complete a level II background screen. Media organization representatives shall not be granted access to locker or shower rooms at anytime.

   

4.

The decision to allow the media organizationís access to competitions will be made on a space-available basis to representatives of daily newspapers who are covering the event; television personnel who are directly involved in covering the event for a newscast production; broadcast crews of a radio station self-originating an approved play-by-play broadcast of the event; non-daily newspapers whose primary circulation area includes a school participating in the event; non-originating radio stations providing on-air updates of the event; student-based media of member schools participating in the event; and Internet sites, specialty publications and out-of-state media subject to additional restrictions below. Sporting events are limited to two (2) for daily newspapers, one (1) television station, two (2) self-originating radio stations and student-based media of participating schools, one (1) non-daily newspapers, and one (1) non-originating radio station, Internet site, out-of-state media and specialty publications. Requests for media access beyond the categories listed above and/or above the specified may be granted by the Superintendents, but all such requests must be made in writing and include an explanation of the necessity for additional access. The media organization shall provide a copy of their broadcast to the school in the same format used (including all commercials) to broadcast the event to the public. The School Board of Brevard County retains the right to film, record, photograph, and broadcast any of its events on the Districtís website and TV station.

 

5.

Requests from Internet sites must be submitted no later than two (2) weeks in advance of the event to allow the Superintendentís staff with the time to review the site and itís content to determine credibility. Each request will be considered on a case-by-case basis according to the following guidelines:

   
 

a.

Internet sites must update news content daily and have a demonstrated record of sustained coverage of high schools sports.

   

b.

Internet sites must have a unique registered domain name ending in one of the recognized extensions (.com, .cc, .edu, .net, .org).

   

c.

Parallel Internet sites owned and operated by traditional media (i.e., newspapers, radio stations and television stations) may be granted access if the request is for the purpose of reporting unique content that only can be accomplished by the granting of access. In instances where space is limited, such access may be counted as part of the traditional media organizationísí allotment.

   

d.

Internet sites must furnish, upon request, certifiable traffic numbers from an established auditing firm (i.e. Nielsen), or from its service provider. Hit counters on pages will not fulfill these requirements. The following information may be requested: the average number of "unique viewers/visitors" to the site in the last thirty (30), sixty (60), and ninety (90) days; the average number of "page views" by each visitor; and the name and telephone number of the auditing firm or service provider to discuss and ensure the accuracy of the numbers.

 

6.

Requests from specialty publications (magazines and other periodicals) must be submitted no later than two (2) weeks in advance of the event to allow the Superintendentís staff time to review the publication and itís content to determine credibility. Specialty publications must have a demonstrated record of sustained coverage of high school sports. Specialty publications must declare their coverage plans so that the Superintendentís staff can determine the legitimacy of the request, if the content to be printed does not duplicate existing content already being provided, or if the content to be printed violates rights already granted by the SBBC to another party.

   

7.

Out-of-state media organizations must have a circulation area that includes the community of a participating school. All other out-of-state media organizations must explain the necessity for their coverage of the event.

   

8.

Media representatives who receive access approval must be on assignment for a specific media organization. Requests for access by freelance reporters, freelance photographers, correspondents or stringers must be submitted on their behalf by the media organization for which they are working.

   

9.

The following organizations and/or individuals will not be granted access:

   
 

a.

Publications or Internet sites operated by recruiting or scouting services.

   

b.

Personal page Internet site publishers.

   

c.

Internet sites intending to merely report information already available on the school or Districtís web site.

   

d.

Specialty publications that provide only recruiting lists or lists of outstanding teams.

   

e.

Any publication or Internet site deemed to be in poor taste or incompatible with the mission of interscholastic athletics as determined by the SBBC and the school.

 

10.

Access will not be granted to commercial photographers. Photographers wishing to cover an athletic event must be on assignment from recognized news or broadcasting organization and be using professional camera equipment. The SBBC prohibits the sale of photographs from regular season events, and will not allow access to any photographer whose photos will be used for any purpose other than news media or reporting coverage.

   

11.

Access or complimentary tickets for spouses, friends, etc. of news media or broadcasting company representatives will not be provided. Individuals who attend an event with a credentialed news media representative will be required to purchase a ticket.

   

12.

Access granted to a broadcasting company to school facilities is non-transferable and may be used only by those representatives to whom they are approved. Any media organization that wishes to change the name(s) of its reporting representatives may do so in writing to the Superintendentís staff prior to the event. Unauthorized use, sale or other transfer of access to broadcast will subject the bearer to ejection from the event and the indefinite denial of access to broadcast future events.

   

13.

Should any representative granted access to broadcast become verbally or physically confrontational or abusive for any reason, refuse to cooperate or comply with the conditions of the access granted, or any established guideline/request for conduct required by the Superintendent, coaches, and referees during the event shall have their rights to permitted access revoked and the offending representative removed from the premises immediately. In all such cases, the Superintendent will report the incident to the representativeís employer and will reserve the right to withhold approval of future requests for access to broadcast by the representative as well as his/her employer.

   

14.

Those granted access to broadcast and their employees assume all risks incurred to the performance by the bearers for their services and assume all risks incidental to SBBC-related events whether occurring prior to, during or sequential to the actual playing of the contests.

 

15.

Any use of news and editorial content or photographs/electronic images for entertainment and commercial purposes not previously approved is strictly prohibited without prior written consent of the SBBC and the FHSAA.

   

16.

The accredited media organization and bearer shall indemnify, defend and hold the SBBC, its officers, agents, employees harmless, from and against any and all expenses, lawsuits, damages, costs and liabilities (including reasonable attorney fees and expenses) incurred by, arising from, or in connection with:

   
 

a.

the unauthorized use of news and editorial content or photographs/electronic images, whether such unauthorized use is by the bearer, the accredited media organization designating the bearer to use the credential on its behalf, or some third party to whom the bearer distributes news and editorial content or photographs/electronic images;

   

b.

any injuries resulting from acts or omissions by the bearer or some third party to whom the bearer directly or indirectly distributed news and editorial content or photographs/electronic images;

   

c.

any cameras, wires, cables, computers, telephones or any other equipment brought to the premises by the bearer, or

   

d.

the use of any news and editorial content or photographs/electronic images or any other matter other than coverage of the SBBC athletic contests.

   

NOTE: Should approval be granted to use news and editorial content or photographs/electronic images for entertainment or commercial use, the media organization and/or bearer agrees to obtain all necessary licenses, consents or releases permitting the use of any partyís proprietary material, including, but not limited to, any partyís copyrights, trademarks, rights of publicity, rights of privacy or other proprietary or personal rights, however denominated, included in any photograph/electronic image taken or other material obtained in connection with the access granted to broadcast. The broadcasting company and/or bearer is solely responsible for determining which licenses, consents and releases shall be obtained.

   

17.

Unless prohibited by contract the media organization must grant the SBBC and its assignees to utilize the media organization and/or bearerís voice, image and likeness in connection with any broadcast, other recording or print reproduction of the event without compensation.

   

18.

The media organization and/or bearer assumes all risk and danger incidental to any SBBC competition event, whether occurring prior to, during or sequential to the event, and releases the SBBC and all agents thereof from any and all liabilities resulting from such cases.

   

19.

The right to access and broadcast competitions is the property of the SBBC and may be revoked at any time at the sole discretion of the SBBC and will automatically terminate if any term hereof is breached. The media organization and/or bearer that breaches the conditions of use is subject to legal liability as well as all costs incurred in enforcing the terms of these conditions including but not limited to reasonable attorney fees.

 

C.

Broadcast Policy

     
 

1.

A media organization wishing to broadcast a competition must make appropriate fee payment for the right to broadcast to the Superintendent prior to originating or accepting feed of such a broadcast. Such rights are not exclusive.

   
 

a.

A media organization granted broadcast rights may not feed its broadcast to any other media organization(s) without written permission from the SBBC. For the purposes of television, a videotape of an SBBC competition is considered a "feed." Therefore, an over-the air or cable television station, even if granted broadcast rights by the SBBC, may not share a videotape of an SBBC contest without express written permission from the SBBC and payment of appropriate rights fees. Requests for permission to feed such broadcasts should be indicated on the outline describing access desired by the broadcasting company when the Facility Use Agreement form and outline is submitted.

   

b.

The SBBC reserves the right to grant exclusive "right of first refusal" broadcast rights to SBBC athletic events to commercial network providers. In these cases, there may be additional network fees which must be paid. These agreements may grant the media organization with exclusive broadcast access to the athletic contest with the exception of the School Board of Brevard Countyís retained rights to film, record, photograph, and broadcast any of its events on the districtís website and TV station.

     

2.

Radio broadcast rights must be secured from the SBBC for both live and tape-delay broadcasts. Telecast rights, in general, are for tape-delay telecasts only. However, rights fees for live telecasts may be negotiated at the Superintendents discretion.

   
 

a.

There can be no delay in the start of a contest to accommodate a live or tape-delay radio broadcast or a tape-delay telecast of a SBBC athletic contest; neither can there be any radio or television timeouts, or any extension of halftime.

 

b.

Live telecasts of football and basketball games, when permitted, may operate under the following guidelines upon approval of the Superintendent:

   
 

1)

The intermission between the first and second quarters, the third and fourth quarters, and overtime periods will be extended from sixty (60) seconds to ninety (90) seconds;

   

2)

The media organization of televised live feeds may be granted one (1) ninety (90) second television timeout during each quarter. This timeout will be granted at the dead ball following the change of possession which occurs nearest to the midpoint of the quarter. This television timeout will be granted regardless of whether one (1) of the two (2) participating teams has called a charged timeout close to the midpoint of the quarter. Additionally, this television timeout will not preclude either one (1) of the two (2) participating teams from calling a charged timeout near the midpoint of the quarter; and

   

3)

All charged timeouts called by either team will be a full sixty (60) seconds in duration. It will be the responsibility of the broadcast officials to confer with the referee to see that these guidelines for television timeouts are strictly adhered to.

   

4)

SBBC and its employees are not responsible for any accidental failures to hold the time outs found in this section.

   

5)

Should the media organization wish to utilize the time outs as listed in this section, they must pay an additional charge of $500.00 otherwise; the media organization will have no rights to extend time outs or breaks during the contest.

 

3.

Tape-delay telecasts may not be aired earlier than twelve (12) hours following the scheduled starting time of the contest and may not conflict with the playing times of scheduled SBBC contests in the same sport. There is no limit on the number of times these telecasts may be replayed by the media organization approved for such telecasts.

   

4.

The use of audiotape, videotape and/or film by a media organization granted broadcast rights for any purpose other than for complete playback of the contest(s) for which it was approved, or for the use of excerpts for regularly scheduled newscasts is expressly forbidden. Any other use of the verbal description and/or video account of the contest(s) must be approved in writing by the SBBC.

   

5.

SBBC approval of broadcasts of SBBC contests is final. Host schools will permit all broadcasts approved by the SBBC, and admit to the facility without charge personnel originating these broadcasts upon presentation of the proper documentation.

   

6.

The broadcasting company must make all arrangements for seating and equipment setup with the host athletic director, coach, or referee. The media organization must assume all expenses in connection with the broadcast, and must provide all equipment necessary for the broadcast. This includes arranging for broadcast lines with the appropriate telephone company.

   

7.

Personnel originating approved broadcasts who are to be admitted to the facility without charge must not exceed four (4) persons. The host school athletic director must make every effort to provide these personnel with seating which provides them with an unobstructed view of the playing area.

 

8.

In facilities where seating is limited in the press box or broadcast booth, the host school athletic director should provide seating to one (1) principal media organization covering each participating school. Thereafter, seating in the press box or broadcast booth should be provided on a first-come, first-served basis. A media organization must understand that it may be necessary for it to set up operations in the spectator seating area at facilities with limited space in the press box or broadcast booth. The principal media organization for a participating school is considered to be the media organization which has broadcast the greatest number of regular season contests in which the school has participated.

   

9.

The host school athletic director, coach, and/or officials assigned to work the contest will have the authority to require the repositioning of television cameras and videographers if they believe their placement may threaten the safety of the participants or interfere with the conduct of the competition.

   

10.

The media organization must at the discretion of the SBBC incorporate into its broadcast of each SBBC contest a minimum of two (2) announcements concerning the SBBC and/or school activity programs. Script for these announcements and/or cassette copies of professionally pre-produced spots will be provided by the SBBC.

   
 

a.

The media organization may be present scripted announcements in a manner of the SBBCís choice, and may use sound and/or visual effects as it desires.

   

b.

The two (2) mandatory SBBC announcements must be incorporated into the actual broadcast of the contest. Airing the announcements and disclaimer during a pregame and/or postgame show will not satisfy the requirements of this policy.

 

11.

The media organization must incorporate into each broadcast the following disclaimer establishing its broadcast rights as granted by the SBBC:

   
 

"BROADCAST RIGHTS TO THIS SCHOOL BOARD OF BREVARD COUNTY AND (NAME OF SCHOOL) ATHLETIC CONTEST HAVE BEEN GRANTED TO (THE MEDIA ORGANIZATION) BY THE SCHOOL BOARD OF BREVARD COUNTY AND IS INTENDED SOLELY FOR THE ENJOYMENT OF OUR (LISTENING/VIEWING) AUDIENCE. ANY REBROADCAST, RETRANSMISSION OR OTHER USE OF THIS PRODUCTION WITHOUT THE EXPRESS WRITTEN CONSENT OF THE SCHOOL BOARD OF BREVARD COUNTY IS PROHIBITED."

   
 

The disclaimer must be incorporated into the actual broadcast of the contest. Airing the disclaimer during a pregame and/or postgame show will not satisfy the requirements of this policy.

   

12.

Announcers are expected to handle broadcasts with efficiency and without introduction of objectionable comments such as vulgarity or criticism directed toward an official, coach, team, player, school or other entity. Reports of any accidents, injuries or other incidents should be minimized and factual, in order to prevent undue anxiety on the part of viewers. Announcers should also make every effort to correctly pronounce the names of individual participants.

   

13.

The terms "sponsor", "sponsorship" or other like terms that imply or refer to the presentation and support of the activities under the jurisdiction and control of the SBBC by entities other than the SBBC must not be used during any broadcast of an SBBC athletic contest unless expressly approved, in writing, by the SBBC. Announcers may not refer to or use words that imply a sponsorship of any SBBC athletic contest by a commercial advertiser without the expressed written consent of the SBBC.

 

14.

The media organization must abide by each and all terms and conditions of this policy. Failure to do so may result in the immediate revocation of the media organizationís immediate broadcast access rights, and denial of future broadcast rights for a period to be determined by the Superintendent. The SBBC reserves the right to discontinue at any time a media organizationís broadcast of a SBBC athletic contest if previous broadcasting is considered by the SBBC to have been in poor taste or incompatible with the educational dignity and propriety of the SBBC, the Florida High School Athletic Association and its member schools. The host school principal or contest manager will have the authority to act on the behalf of the Superintendent and the SBBC in enforcing this policy during all athletic contests at his/her facility.

   

15.

A media organization which broadcasts a SBBC athletic contest without prior written approval of the SBBC may be denied future broadcast rights for a period to be determined by the Superintendent.

   

16.

A media organization which broadcasts a SBBC athletic contest must agree to hold the SBBC and its member schools harmless because of any injury to person or property on the premises. The media organization must further agree to assume all responsibility for any damages which are a direct result of the activities of the broadcast. The media organization must also agree to indemnify and defend all claims made against the SBBC for damages occasioned by the media organization of whatever nature.

   

17.

Venue of any civil action arising out of this policy will lie in Brevard County, Florida.

   

18.

The SBBC reserves the right to amend this policy and administrative guideline at any time and in any manner deemed necessary. No exception to this policy may be made by a media organization, host school principal or contest manager except by written permission of the SBBC or the FHSAA.

 

D.

Payment of Rights Fees

     
 

1.

A media organization granted broadcast rights to a SBBC contest must pay access rights fees as follows:

   
 

a.

Live radio broadcast Ė $50.00 (per event), tape-delay radio broadcast - $25.00 (per event)

   

b.

Live Internet stream $250.00 (per event), tape-delay Internet stream $150.00 (per event)

   

c.

Live telecast Ė $750.00 (per event), tape-delay telecast $400.00 (per event). The broadcasting company must pay all rights fees, both for itself as well as $25.00 for each media organization to which it feeds its signal. Payments of rights fees must be by company check made payable to the SBBC. Payment of rights fees must be received in the schoolís administrative offices not later than thirty (30) calendar days following the event broadcast. A $25.00 late fee shall be assessed if payment is not received by the thirty (30) day deadline.

   

d.

Media organizationís that request access to broadcast a game must pay the full fee as outlined above unless they submit a written request to withdraw their application to have access to broadcast the athletic contest a minimum of fifteen (15) days in advance of the athletic competition.

     

2.

A media organization which feeds its broadcast to another media organization(s) is solely responsible for collecting reimbursement for its $25.00 feeder fee payment to the SBBC from each media organization to which the originating media organization feeds its broadcast. Any fees charged by an originating media organization to accepting broadcast companies will be in addition to SBBC rights fees.

 

3.

A $30.00 returned check fee will be assessed to any media organization whose payment of rights fees is returned due to insufficient funds. Additionally, such media organization will be denied broadcast rights to future SBBC athletic contests until such time as payment of access rights fees and any other fees assessed by the SBBC is made to the satisfaction of the SBBC.

   

4.

A media organization must pay all costs of collection to include reasonable attorneyís fees if it becomes necessary for the SBBC to place the account for collection and bills incurred. Venue of any such civil action relative to the collection of rights fees shall lie in Brevard County, Florida.

     
 

E.

Commercials and Sponsors

     
 

1.

A media organization must submit the names of all sponsors on the Broadcast Application Form, and must be able to produce in writing upon request of the SBBC any and all commercials used during the broadcast.

   

2.

The SBBC reserves the right to reject any and all applications for broadcast access rights, whether sponsored or unsponsored. The SBBC reserves the right to approve or reject the product or service which desires to sponsor the broadcast.

   

3.

Advertisements for the following are prohibited:

   
 

a.

promotions for the possession, use or sale of alcoholic beverages, tobacco products, harmful drugs, firearms and contraceptives;

   

b.

bars, taverns and cocktail lounges or other establishments that serve alcoholic beverages;

   

c.

exotic dance clubs;

   

d.

political issues;

   

e.

900 call-ins for personal services, betting services, scouting services or other 900 call-ins which are in poor taste or are incompatible with the educational dignity and propriety of the FHSAA State Series or the Florida High School Athletic Association;

 

f.

pari-mutuels, excluding the Florida Lottery; and

   

g.

any other business, product, service or ideal that is incompatible with the educational dignity and propriety of the FHSAA State Series, the Florida High School Athletic Association and its member schools.

     

4.

Combination businesses such as drug stores, grocery stores, department stores, hardware stores, hotels and restaurants which dispense alcoholic beverages, tobacco products, harmful drugs, firearms and contraceptives may be acceptable as sponsors provided no part of the advertising messages for these establishments refer to the dispensing of such products; or to a bar, tavern, cocktail lounge or other facility dispensing such products.

   

5.

While advertisements for political issues are prohibited by this policy, political candidates may be acceptable as sponsors provided no part of their political advertisements raise controversial political issues.

   

6.

Advertisements of the type prohibited in Item E-3(a-g) above are prohibited from use at any time during the broadcast from the time the pregame show begins until the completion of the postgame show. Advertisements of this type are prohibited from use in pregame and/or postgame shows whether such pregame or postgame shows originate from the site of the contest or from the studio of the originating media organization. At no time during the broadcast may a listing of broadcast sponsors be read which includes the name of such business, product or service listed in Item E-3(a-g) above and referred to in this note.

   

7.

Sponsorship of a broadcast does not provide for display of sponsor banner(s) and/or other promotional items and such display is prohibited. Originating media organization name identification banners, however, are permitted.

   

8.

Commercial announcements may not occupy time when actual competition is taking place. A media organization must, as near as possible, limit its commercial announcements to timeouts and other times when the contest is not in progress.

 

9.

Media organizationís may not use or allow to be used during a broadcast, both live and tape-delay, any commercial announcement that implies a sponsorship of any SBBC athletic contest without the expressed written consent of the SBBC. Example: Language may be used which indicates that contest coverage "is brought to you by ________," "is sponsored by ________," or "_________ is a sponsor" of this tournament coverage. Broadcast companies may not allow advertisers to claim that they are sponsors of SBBC athletic contests.

   

10.

The SBBC will exercise immediately its responsibility to cancel all broadcast access rights for the particular contest and subsequent contests of any media organization found to have violated the provisions of this section of the policy. The host school principal or contest manager will have the authority to act on behalf of the Superintendent in enforcing the provisions of this section of the policy.

     
 

F.

News Film Crews

     
 

1.

A film crew not to exceed three persons from an over-the-air television station or cable TV system will be allowed access, without charge, to an SBBC athletic contest to shoot news film clips for use as part of the media organizationís regular news telecast or other special news programs. The media organization may not air a total of more than three (3) minutes of such footage. Any use of such footage must include visual credit to SBBC.

   

2.

The media organization must not sell, loan or give away any part of the footage shot and must use it only for the purpose set forth above unless permission for its use otherwise is granted in writing by the SBBC.

Approved 4/28/09