(A) (1) The operator shall make available channel capacity and the necessary electronics to provide:
(a) At least one non-commercial channel for public access for public, educational, and governmental use.
(b) At least one channel for local origination programming.
(c) Live broadcast of City Council meetings.
(d) Live feed on KY 18 near Boone County High School (for parade broadcasts).
(e) Live feed at Champion Window Field baseball stadium.
(2) The above requirements do not require separate channels specifically for the franchisor. The franchisee/operator shall have the right to broadcast other programming on access channels when such channels are not being utilized for access programming, however, in all events, access programming shall have priority.
(B) Public access.
(1) Franchisee will make the public access channel available for use in accordance with the Public Access Operating Rules during the period 11:00 a.m. to 11:00 p.m., Monday through Friday.
(2) Franchisee shall show a schedule of programs on the public access channel when no programming is being shown.
(C) Government access. The city will produce its own governmental access programming for live broadcast. All such programs will be repeated as scheduled time permits.
(D) The operator will comply with federal regulations requiring the provision of leased access channels.
(E) The operator will be permitted to provide non-access programming on any of the above channels during any period such channel is not used for access programming.
(F) Franchisee will develop rules and procedures for the use of the access channels which will address scheduling, requirements and procedures, technical specifications, use of equipment, and facilities, as well as the rights and responsibilities of program producers and other access users.
(G) The operator will provide support for public access upon request of a city resident, by arranging to provide portable camera equipment, editing facilities and production space. Provision of this service may be through the operator's own facilities or by leasing appropriate other facilities in order to make production possible. Residents requesting equipment or editing facilities must provide at least two business days advance notice and residents requesting production space must provide at least five business days advance notice to the operator.
(H) All access channels and the programming thereon made available by the franchisee/operator under any franchise anywhere within the geographical confines of Boone and Kenton Counties, shall be made available throughout the entire geographical confines of Boone and Kenton Counties except where:
(1) The carriage of such channel's programming is prohibited by the terms of a franchise; or
(2) The carriage of such channel's programming results in the imposition of a charge upon the franchisee/operator or its customers provided that in the event of such a charge, the franchisor shall have the option of paying the charge and receiving the programming.
(I) The city and the operator may jointly seek interconnection with the incumbent cable provider as appropriate. The city understands that the operator's ability to fulfill certain requirements of this section may require access to live video feeds and may depend on achieving interconnection with the incumbent cable provider.
(Ord. O-19-08, passed 11-11-08)