112.17 REIMBURSEMENT OF COSTS.

If funds are available to any person using the public way for the purpose of defraying the cost of any of the foregoing, the City shall reimburse the Grantee in the same manner in which other persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Grantee.

112.18 EDUCATIONAL AND GOVERNMENT ACCESS.

Grantee shall continue to provide the City with one (1) access channel on the cable system designated for education or government access purposes. Such channel shall continue to be originated from Carroll Broadcasting, Inc. and operated by 10 TV.

The Grantee shall provide a second access channel upon written request form the City. The Grantee shall complete the necessary construction to activate the channel no later than 6 months from the date of the request if no cable plant extension construction if required or no later than April 30 of the subsequent calendar year following the request by the City if a cable plant extension is required. The channel shall be originated from a location in the service area as requested by the City. The Grantee shall be responsible for all construction costs to originate programming for the second access channel up to a maximum amount of $10,000. The Grantee shall provide the City a one-time capital grant of $15,000 for capital equipment and facilities for access no later than January 31 of the calendar year following written request for the second channel from the City. The access channels are made available to the City by the Grantee for the purpose of cablecasting non-commercial programming by City residents, City administration and educational institutions. The City agrees not to use the access channel to provide commercial or revenue-generating services or services that may compete, directly or indirectly, with services provided by the Company, provided, however, that the City may cablecast acknowledgments of funding sources and the underwriting of programming costs.

112.19 MAPS.

The Grantee shall provide the City with as-built maps of the Grantee’s cable system in the rights-of-way of the service area upon written request of the City. The maps shall demonstrate the location of the Grantee’s cable plant to assist the City in managing the public rights-of-way. The maps shall not provide proprietary design information or other confidential information.

112.20 FRANCHISE FEE.

1.   The Grantee shall pay to the City a franchise fee of three percent (3%) of annual gross revenues (as defined in Section 112.01 of this chapter). In accordance with the Cable Act, the 12-month period applicable under the franchise for the computation of the franchise fee shall be a calendar year. The franchise fee payment shall be due semi-annually and payable within 90 days after the close of the preceding period. Each payment shall be accompanied by a brief report prepared by a representative of the Grantee showing the basis for the computation.

2.   Limitation on Franchise Fee Actions. The period of limitation for recovery by the City of any franchise fee payable hereunder shall be three (3) years from the date on which payment by the Grantee is due to the City.

112.21 RATES AND CHARGES.

The City may regulate rates for the provision of basic cable and equipment as expressly permitted by Federal law.

112.22 RENEWAL OF FRANCHISE.

1.   The City and the Grantee agree that any proceedings undertaken by the City that relate to the renewal of the Grantee’s franchise shall be governed by and comply with the provisions of Federal law.

2.   In addition to the procedures set forth in the Cable Act, the City agrees to notify the Grantee of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of the Grantee under the then current franchise term. The City further agrees that such assessments shall be provided to the Grantee promptly so that the Grantee has adequate time to submit a proposal pursuant to the Cable Act and complete renewal of the franchise prior to expiration of its term.

3.   Notwithstanding anything to the contrary set forth in this section, the Grantee and the City agree that at any time during the term of the then current franchise, while affording the public appropriate notice and opportunity to comment in accordance with the provisions of Federal law, the City and Grantee may agree to undertake and finalize informal negotiations regarding renewal of the then current franchise and the City may grant a renewal thereof.

112.23 CONDITIONS OF SALE.

If a renewal or extension of Grantee’s franchise is denied or the franchise is lawfully terminated, and the City either lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another party, any such acquisition or transfer shall be at the price determined pursuant to the provisions set forth in Section 627 of the Cable Act. The Grantee and the City agree that in the case of a final determination of a lawful revocation of the franchise, the Grantee shall be given at least twelve (12) months to effectuate a transfer of its cable system to a qualified third party. Furthermore, the Grantee shall be authorized to continue to operate pursuant to the terms of its prior franchise during this period. If, at the end of that time, the Grantee is unsuccessful in procuring a qualified transferee or assignee of its cable system which is reasonably acceptable to the City, the Grantee and City may avail themselves of any rights they may have pursuant to Federal or State law. It is further agreed that the Grantee’s continued operation of its cable system during the twelve-month period shall not be deemed to be a waiver, nor an extinguishment of, any rights of either the City or the Grantee.