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(A) The city and the company agree that provision of access to cable television channel time for public education and government use is an important consideration. To provide such local access, the company shall be required to designate a Public Access Channel and make up to two hours per 24-hour day available free of charge for educational and governmental use. A proportionate portion of the two hours shall be broadcast during prime viewing time, defined as being between the hours of 7:00 p.m. and 11:00 p.m. seven days per week.
(B) Such use shall be defined as free access to the company's character generator and shall be subject to mechanical limitations of the company's character generating equipment. Access will be provided at the company's administrative office in the city, and company personnel shall assist interested public parties in preparing announcements and other public information.
(C) Public access uses shall be defined as public service announcements; notices of meetings and activities, including fund raising events, of civic and non-profit community organizations, and local governing bodies; announcements of educational activities; non- commercial services and events of general interest in the city; and the like.
(D) Commercial interests, paid political announcements, and other subject matter which is deemed inappropriate by both the city and the company shall be excluded from free public access as defined in this section.
(E) The company is further required to make special provisions for local access which would not be adequately provided through use of the character generator. In such cases, the company shall make available its video production facilities in Abbeville, South Carolina. It will be the responsibility of the interested party to schedule use of these facilities with the company and to arrange its own transportation to Abbeville. The company shall make the facilities available as quickly and as conveniently as possible.
(Ord., passed 8-25-92)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. This severability clause is expressly subject to the following: if any material provision is preempted, declared void or becomes unenforceable for any reason, the city shall have the right to adopt alternative provisions and amendments which preserve the benefits of the franchise or establish equivalent benefits. If the alternative provisions and amendments cannot be adopted to the satisfaction of the city, the city shall have the right to shorten the franchise term to a date not less than 24 months after the date a provision is preempted, declared void or becomes unenforceable.
(Ord., passed 8-25-92)