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A. Requirement To Provide Access Channels:
1. For any franchise effective after the effective date hereof, each grantee shall at a minimum provide the greater of:
a. Two (2) activated channels for public, educational, or government use; or
b. The greatest number of channels being provided under any video service franchise for the city.
2. For any franchise effective after the effective date hereof, the city may require activated additional channels for public, educational or government use as necessary to satisfy the needs and interests of the community as determined at the time an applicant seeks a renewal, extension or initial issuance of a franchise. Each franchise shall require the grantee to provide additional channels based on usage.
3. For any franchise granted prior to the effective date hereof, a grantee shall provide access channels and support for access channels as required by its franchise, and by this section as the same was in effect on January 1, 2009, until it ceases to operate under the terms and conditions of that franchise.
4. The city may designate itself or another entity to manage the channels, and may designate the purposes for which the channels may be used, consistent with applicable law.
5. The city may establish rules and procedures for the use of the channels, or authorize its designee to establish rules and procedures for the use of the channels.
B. Channel Assignments: Access channel assignments shall be made by a grantee in consultation with the city and shall be uniform on that grantee's system throughout the city. Unless it is technically infeasible to do so, a grantee shall place PEG channels at the same channel locations as are being used by a video service system in Hurricane designated by the city. Each grantee's system shall, insofar as technically and economically feasible, be compatible with and able to tie into all other franchised video service systems providing video services within and adjacent to the city so as to enable each system to carry and cablecast the public, educational and governmental access programming of the other systems. The city may require a grantee to interconnect its system with other franchised video service providers.
C. Minimum Requirements For Channels: Access channels shall be carried on the basic service tier, and shall be available to every subscriber without any additional charges for equipment beyond the charges for equipment the subscriber pays to receive the commercial services to which the subscriber subscribes. Access channels shall be of the same quality, have the same features and functionality as the primary broadcast signals carried by the grantee. The channels shall be selectable from the same menus used to access other commercial programming, shall be as prominently featured as other channels, and if the information is provided to grantee, shall contain the same type of information as is carried with respect to commercial programming. Each grantee must pass through the full PEG signal to subscribers, including information equivalent to that carried in the vertical blanking interval.
D. Extension Of System: Each grantee is responsible for extending its system to points from which it can pick up the access channels at no cost to the city or to the persons programming the channels, which extension may be direct, through an interconnection or by other reasonable technical means. (Ord. 2009-08, 7-16-2009)