1. The Grantee, upon request, shall provide without charge, a standard installation and one outlet of family basic cable to those administrative buildings owned and occupied by the City (e.g., City Hall, Library, Convention Center, Wellness Center, Weidler Community Service Center, Street Building, Water Building, Waste Water Building, National Guard Armory, Fire Stations, police stations, etc.), and K-12 public and Gehlen schools that are passed by its cable system. The cable service provided shall not be distributed beyond the originally installed outlet without authorization from the Grantee. The cable service provided shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The City shall take reasonable precautions to prevent any inappropriate use of the Grantee’s cable system or any loss or damage to Grantee’s cable system. The City shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of cable service required by this subsection. The Grantee shall not be required to provide an outlet to such buildings where a nonstandard installation is required, unless the City or building owner/occupant agrees to pay the incremental cost of any necessary cable system extension and/or nonstandard installation. If additional outlets of basic cable are provided to such buildings, the building owner/occupant shall pay the usual installation and service fees associated therewith.
2. The Grantee shall activate and assign one channel on the cable system to the full-time non-commercial transmission of public, education and governmental (PEG) programming to be determined and carried out at the sole discretion of the City. The City may request and the Grantee shall provide a second channel for the use of PEG programming but not until the City can demonstrate that the first channel assigned to PEG programming is used on an average of eight hours per day with not less than five hours each week being new programming. Upon reasonable request by the Grantee, the City shall provide a written report describing the use and programming of said PEG access channel or channels.
3. The Grantee shall provide ongoing capital support for public, educational, and governmental access equipment and facilities in the amount of twenty cents per subscriber per month for the entire term of the franchise payable in the same manner as the franchise fee payment pursuant to this chapter. The Grantee acknowledges that this amount shall not be considered gross revenues subject to the payment of franchise fees pursuant to this chapter. Furthermore, payments of this ongoing support shall not be deemed to be “franchise fees” within the meaning of Section 622 of the Cable Act and such payment shall not be deemed to be “payments-in-kind” or any involuntary payments chargeable against the compensation to be paid to the City by Grantee pursuant to this chapter. Grantee shall be allowed to collect such fee as a pass-through to cable subscribers. The City shall indemnify the Grantee for all programming provided on the access channel and hold the Grantee harmless from any claims by any person that the PEG Capital Support Grant violates applicable law.
4. In addition to two existing locations, Le Mars Public High School and Le Mars City Council Chambers, Grantee agrees to establish three additional locations for a total of five locations within the service area to the cable system, such new locations to be identified and approved by the City, that will be capable of communication to the head end for further distribution throughout the cable system of audio and video signals. Said locations are intended to serve as remote points from which live and taped PEG programming can be transmitted via the cable system and the PEG access channels. The City and Grantee agree to negotiate in good faith to identify further specifics regarding the location and use of the three new locations.