933.04 VSP FEE NOTICE PROVISION.

   Upon receipt of notice from a VSP that it will begin providing Video Service in the City pursuant to a state-issued video service authorization, the Mayor or his/her designee is authorized and directed to provide such VSP with notice of the VSP Fee as determined by Section 933.03 which notice shall be delivered in a manner that provides for proof of timely delivery.

(Ord. 2007-163.  Passed 12-3-07.)

933.05 VSP ACCESS PROVISION.

   Pursuant to a VSA, the Mayor or his/her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in the City under the same service tier conditions and subject to the same channel reclamation conditions as may be proscribed by Ohio R.C. 1332.30(A)(1)(a-b) for the Incumbent Cable Provider with the most recent obligation. Upon receipt of notice from a VSP that it will begin providing Video Service in the City, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within the City within one hundred and twenty (120) days after delivery of such notice.

(Ord. 2007-163.  Passed 12-3-07.)

933.06 ACCESS PROGRAMMING REQUIREMENTS.

   In accordance with the requirements of Ohio R.C. Section 1332.30, if any PEG access channels provided to the City by an Incumbent Cable Provider or VSP are required to be programmed by the City with at least forty (40) hours of non-character generated content per week with at least sixty percent (60%) of the programming being non-repeat and locally produced, for the purposes of this Section "non-repeat and locally produced" shall mean, the first three (3) playbacks of programming produced or provided by any local resident, any community or educational access programming entity or affiliate, the City, or any local public or private agency that provides services to residents of the greater Cleveland metro area, or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.

(Ord. 2007-163.  Passed 12-3-07.)

933.07 FEE PAYMENT REQUIREMENTS.

   Any VSP Fee payments required to be paid to the City by a VSP shall be made quarterly and be remitted directly to the City via a negotiable instrument made payable to the City of Beachwood, 25325 Fairmount Boulevard Beachwood, Ohio 44122, not later than sixty (60) days after the end of a calendar quarter. 
(Ord. 2007-163.  Passed 12-3-07.)

933.08 PEG ORIGINATION POINTS.

   The PEG programming origination points for the City for the delivery of VSP access services and PEG programming are currently and unless and until the City shall designate otherwise, will remain located at: 25325 Fairmount Boulevard Beachwood, Ohio 44122; 25100 Fairmount Boulevard Beachwood, Ohio 44122; and 7 Severance Circle Cleveland Heights, Ohio 44118. 
(Ord. 2007-163.  Passed 12-3-07.)

933.09 NOTICE REQUIREMENT.

   Any notice to the City that is required of a VSP in accordance with Ohio R.C. Sections 1332.21 through 1332.34 shall be provided in written form to the Mayor either by certified mail, express mail or upon personal delivery, all evidenced by a return receipt.

(Ord. 2007-163.  Passed 12-3-07.)

933.10 APPLICATION TO INCUMBENT CABLE PROVIDERS.

   Nothing in this section shall apply to incumbent cable providers governed by a franchise and Chapter 931 of the Codified Ordinances until they are granted a Video Service Authorization in accordance with Ohio R.C. 1332.21-1331.34 et seq.

(Ord. 2007-163.  Passed 12-3-07.)