(A) Video service providers shall provide channel capacity to transmit programming over which the video service provider exercises no editorial control except as authorized by 47 United States Code § 5311. The channel capacity shall be limited to one of the following:
(1) Not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the video service network.
(2) Not more than two lines of access programming with each line of programming carried on up to two standard definition channels and two switched digital high-definition channels.
(B) None of the annual fair market value of any channel capacity provided pursuant to division (A) above may be offset against the license fee set forth in § 114.30.
(C) A video service provider may require that channels regularly display an unobtrusive logo or other suitable identifier of the video service provider, if the town requires channel capacity pursuant to this section.
(D) A video service provider shall pay all costs and expenses to provide, maintain and operate facilities and equipment of the video service network, including facilities and equipment for signal carriage, processing, reformatting and interconnection for all of the following:
(1) To connect the video service network or cable system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities; and
(2) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels. Costs other than capital costs incurred by the video service provider are subject to FCC Rule 19-80, Section 76-42.
(E) All video service providers and incumbent cable operators shall provide at no initial or recurring charge the basic service tier of video service to one outlet and one receiving device at each building occupied by the town that is not more than 200 feet from the nearest technically and commercially feasible point of connection on the video service network. The town shall designate the building in writing to the video service provider. Costs incurred by the video service provider or incumbent cable operator are subject to FCC Rule 19-80, Section 76-42.
(Ord. O2019.03, passed 11-14-2019)