(a)    capacity. Upon the of this , grantee shall provide seven activated downstream in a standard definition (“SD”) digital format on grantee's basic service tier.
   (b)   High definition .
      (1)   No sooner than July 1, 2015 and upon 90 ’ written notice from the to grantee, the grantee shall provide the with one high definition (“HD”) . At the time of the activation of the activation of the HD , the will return one of the seven SD in use as of the of this to grantee.
      (2)   No sooner than July 1, 2016, and upon 90 ' notice from the to grantee, the grantee shall provide the with a second HD . At the time of the activation of the second HD , the will return two of the remaining six SD .
         (A)   The shall, in its written notice to grantee as provided for in subsections (b)(1) and (b)(2) above, confirm that the , or city's designated access provider (i.e. school district), has the capability to produce, has been producing and will produce programming in an HD format for the newly activated HD (s); and
         (B)   Within six months of activation of the HD , there will be an average of six hours per-week of HD programming available for each HD .
      (3)   At such time as grantee provides 90% of its video programming content on the exclusively in HD, all of the existing SD will be converted to HD . Prior to the time that grantee provides 90% of its video programming content on the exclusively in HD, the parties may from time to time discuss transitioning SD to HD , and such transition may occur if in grantee's discretion, such action is technically and commercially feasible.
   (c)   Control of . The control and administration of the shall rest with the and the may delegate, from time to time over the term of this , such control and administration to various entities as determined in city's sole discretion.
   (d)   Transmission of . may be used for transmission of non-video signals in compliance with . This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow to transmit data to facilities.
   (e)    locations.
      (1)    shall be carried on the tier. Nothing herein precludes the grantee from charging for equipment needed for . Grantee shall make every reasonable effort to coordinate the cablecasting of access programming on the on the same designations as such programming is currently cablecast within the . In no event shall any reallocations be made prior to 90 ’ written notice to the by grantee, except for circumstances beyond grantee's reasonable control. The will be located within reasonable proximity (five to eight positions) to other commercial video or broadcast , excluding pay-per-view programming and digital music offered by grantee in the .
      (2)   Grantee agrees not to encrypt the differently than other commercial available on the .
      (3)   In conjunction with any occurrence of any (s) relocation, grantee shall provide a minimum of $7,000 of in-kind air time per event on advertiser supported (e.g. USA, TNT, TBS, Discovery Channel or other comparable ) for the purpose of airing city's, or its designees', pre-produced 30 second announcement explaining the change in location.
   (f)   Navigation to . Grantee agrees that if it utilizes a visual interface under its control on its for all , the shall be treated in a non-discriminatory fashion consistent with so that will have ready access to . This shall not be construed to require grantee to pay any third party fees that may result from this obligation.
   (g)   Ownership of . Grantee does not relinquish its ownership of or ultimate right of control over a by designating it for use. A access user - whether an individual, educational or governmental user - acquires no property or other interest by virtue of the use of a position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a position, except grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of .
   (h)   Noncommercial use of . Permitted noncommercial uses of the shall include by way of example and not limitation: (1) the identification of financial supporters similar to what is provided on public broadcasting stations; or (2) the solicitation of financial support for the provision of programming by the or third party users for charitable, educational or governmental purposes; or (3) programming offered by accredited, non-profit, educational institutions which may, for example, offer telecourses over a .
   (i)   Dedicated fiber return lines.
      (1)   Grantee shall maintain, free of charge with no transport costs or other fees imposed, the following existing fiber paths in place as of the to facilitate origination/return capacity between the City Hall and the grantee's headend:
         (A)   Grantee's splice point at 90th and Blaisdell; and
         (B)   Valley View Middle School, 8900 Portland Ave. So.
      (2)   Grantee shall not be responsible for fiber “replacement” but will handle any damage and all maintenance on the existing fiber. Grantee anticipates, but cannot guarantee, that that this will result in minimal fiber expenditures by the over the term.
   (j)   Interconnection. To the extent technically feasible, grantee will allow necessary interconnection with any newly constructed and school fiber for noncommercial programming to be promoted and administered by the as allowed under and at no additional cost to the or schools. This may be accomplished through a patch panel or other similar facility and each party will be responsible for the fiber on their respective sides of the demarcation point. Grantee reserves its right to review on a case-by-case basis the technical feasibility of the proposed interconnection. Based on this review grantee may condition the interconnection on the reasonable reimbursement of grantee's incremental costs, with no markup for profit, to recoup grantee's construction costs only. In no event will grantee impose any type of recurring fee for said interconnection.
   (k)   Ancillary equipment. Any ancillary equipment operated by grantee for the benefit of on grantee's fiber paths or , whether referred to switchers, routers or other equipment, will be maintained by grantee, at no cost to the or schools for the life of the . Grantee is responsible for any ancillary equipment on its side of the demarcation point and the or school is responsible for all other production/playback equipment.
   (l)   Future fiber return lines for . At such time that the determines:
      (1)   That the desires the capacity to allow in the to receive programming (video or character generated) which may originate from schools, facilities, other government facilities or other designated facilities (other than those indicated in § 20.22(i)); or
      (2)   That the desires to establish or change a location from which programming is originated; or
      (3)   That the desires to upgrade the to grantee from an existing signal point of origination,
the will give grantee written notice detailing the point of origination and the capability sought by the . Grantee agrees to submit a cost estimate to implement the city's plan within a reasonable period of time but not later than September 1 in the year proceeding the request for any costs exceeding $25,000. The cost estimate will be on a time and materials basis with no additional markup. After an agreement to reimburse grantee for grantee's out of pocket time and material costs, grantee will implement any necessary changes within a reasonable period of time. Nothing herein prevents the , or a private contractor retained by the , from constructing said return fiber.)
   (m)    carriage.
      (1)   Any and all costs associated with any modification of the or signals after the /signals leave the city's designated playback facilities, or any designated playback center authorized by the shall be borne entirely by grantee. Grantee shall not cause any programming to override programming on any , except by oral or written permission from the , with the exception of emergency alert signals.
      (2)   The may request and grantee shall provide an additional when the cumulative time on all the existing combined meets the following standard: whenever one of the in use during 80% of the weekdays, Monday through Friday, for 80% of the time during a consecutive three-hour period for six weeks running, and there is a demand for use of an additional for the same purpose, the grantee has six months in which to provide a new, for the same purpose; provided that, the provision of the additional or does not require the to install .
      (3)   The VHF spectrum shall be used for one of the public, educational, or governmental specially designated .
      (4)   The or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for use.
      (5)   The grantee shall monitor the for technical quality to ensure that they meet technical standards including those applicable to the carriage of , provided however, that the grantee is not responsible for the production quality of programming productions. The , or its designee, shall be responsible for the production and quality of all access programming. Grantee shall carry all components of the standard definition of including, but not limited to, closed captioning, stereo audio and other elements associated with the programming.
   (n)    support.
      (1)   Upon the of this , grantee shall collect and remit to the $1.40 per per month in support of capital (“ fee”). In an effort to address the cumulative increase in the Consumer Price Index over the entire ten year term, while at the same time avoiding annual CPI adjustments to the fee which may cause confusion, the and grantee agree to allow the a one-time fee adjustment no sooner than the fifth year of the term. No sooner than September 30, 2019, and at any time thereafter during the term of this , the may, in city's sole discretion, and upon 90 ’ advance written notice to grantee, increase the fee. However, during the term of this the fee shall not exceed $1.60 per per month.
      (2)   The fee is not intended to represent part of the and are intended to fall within one or more of the exceptions in 47 U.S.C. § 542. The fee may be categorized, itemized, and passed through to as permissible, in accordance with 47 U.S.C. § 542 or other . Grantee shall pay the fee to the quarterly at the same time as the payment of under§ 20.31(a). Grantee agrees that it will not offset or reduce its payment of past, present or future required as a result of its obligation to remit  funds or the fee.
      (3)   Any fees owing pursuant to this which remain unpaid more than 25 after the date the payment is due shall be delinquent and shall thereafter accrue interest at 12% per annum.
   (o)    technical quality.
      (1)   Grantee shall not be required to carry a in a higher quality format than that of the signal delivered to grantee, but grantee shall not implement a change in the method of delivery of that results in a material degradation of signal quality or impairment of viewer reception of , provided that this requirement shall not prohibit grantee from implementing new technologies also utilized for commercial carried on its . Grantee shall meet signal quality standards when offering on its and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in an signal from the point of origination upstream to the point of reception downstream on the . Grantee shall distribute the signal without degradation and consistent with the manner in which grantee delivers the average commercial .
      (2)   Within 24 hours of a written request from to the grantee identifying a technical problem with a and requesting assistance, grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a signal is the result of matters for which grantee is responsible and if so, grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from grantee and the in order to determine the course of action to remedy the problem.
   (p)    promotion. Grantee shall allow the to place bill stuffers in grantee's statements at a cost to the not to exceed grantee's out of pocket cost, no less frequently than twice per year, or at such time as a is moved or relocated, upon the written request of the and at such times that the placement of such materials would not materially and adversely affect grantee's cost for the production and mailing of such statements. The agrees to pay grantee in advance for the actual cost of such bill stuffers.
   (q)   Change in technology. In the event grantee makes any change in the and related equipment and facilities or in its signal delivery technology, which requires the to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the , grantee shall, at its own expense and free of charge to or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the in accordance with the requirements of the .
   (r)   Relocation of grantee's headend. In the event grantee relocates its headend, grantee will be responsible for replacing or restoring the existing dedicated fiber at grantee's cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the free of charge to the or its designated entities.
   (s)   Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by the State of Minnesota.
   (t)   Compliance with M.S. Chapter 238. In addition to the requirements contained in this § 20.21, grantee and shall comply with the requirements mandated by M.S. § 238.084.
(Ord. 2015-7, passed 1-26-2015)