A. The Council/franchising authority recognizes that under Section 611 of the CCPA (codified at 47 USC 531), the Council/franchising authority has certain power with respect to certain aspects for public, educational, or governmental (PEG) use that is provided by MCS providers classified as cable operators.
B. To the extent permitted by law, and in order to fulfill the Council/franchising authority's desired goal of a public, educational, and governmental (PEG) access policy that will facilitate the long-range needs of the City, the Council/franchising authority adopts the following:
1. At the time of an initial application for an MCS franchise for a cable system, and contained within any renewal franchise agreement, an MCS provider classified as a cable operator shall pledge to include the following guarantees:
a. An MCS provider classified as a cable operator shall provide, at its own expense, one (1) twelve (12) hour educational channel; and
b. An MCS provider classified as a cable operator shall provide, at its own expense, one (1) twelve hour (12) governmental channel that is available for providing coverage of Council meetings, and other related programming offered or designed by the City Manager, or designated official, including department heads; and
c. An MCS provider classified as a cable operator shall provide, at its own expense, one (1) twelve (12) hour public access channel that is available for use by various community groups and organizations.
2. At such time as the Council/franchising authority determines the need for more channel time to exist on any given access channel, an MCS provider shall make any or all of the access channels available for more than twelve (12) hours per day upon thirty (30) days written notice.
3. Both the Council/franchising authority and the affected cable operator shall review use after every six (6) months, including the percentage of use of every PEG channel. At the end of each six (6) month period, the Council/franchising authority shall evaluate the response and actual use of such channels. If, after any six (6) month period, the percentage of use for any required PEG channel drops below twenty-five percent (25%) of the total time allocated, then the required number of hours shall be reduced to a number that most closely approximates the average hours of use per day. If the Council/franchising authority determines the average hours of use per day for any required PEG channel is less than one (1) hour, then the requirement for that channel's availability shall cease, and an affected cable operator may use such channel for any lawful purpose, unless and until the Council/franchising authority determines that need for the use of the channel again exists.
4. If, at any time, ninety percent (90%) of the total time allocated for any required PEG channel is consistently used five (5) days a week for a period of three (3) months, then the cable operator shall provide an additional PEG channel.
5. A cable operator shall provide mobile, portable, and stationary equipment to be used for PEG access, together with the aid of technical and production assistance provided by the cable operator. A cable operator shall provide equipment that can store programs for delayed cable-casting. There will be no cost for technical production assistance for PEG access use to any one user provided that such use does not exceed fifty (50) actual production man-hours. Moreover, the cost of maintenance of a PEG access studio, and equipment required to run the studio shall be borne by the cable operator.
6. The City Council/franchising authority may require a cable operator to provide live cable-casting of City Council meetings and School Board meetings, as the need may be determined by the respective bodies, and the operator shall comply with the request to do so within thirty (30) days of notification by the City Council/franchising authority.