In order to develop and promote public educational, and government access programming for the system’s access channels, Franchisee hereby agrees to provide the following:
1. Access Channels. Franchisee shall maintain the current number and position of the access channel. Within 120 days after the date of the franchise renewal, Franchisee shall provide the City a second channel for PEG access. After the upgrade, the Franchisee shall use its best efforts to maintain the cable channel position of the access channels in existence on the effective date of the franchise. After the upgrade and upon the request of the City, whenever the access channels as set forth in this section show documented proof of performance that they are in use 80% of the cablecast week for any six-week consecutive timeframe, given at least 12 hours per day, seven days per week cablecast schedule, with at least 80% (of the time the channel is programmed) unduplicated locally originated programming, the Franchisee shall make up to two additional access channels available as necessary for access use within six months of receipt of request by the City. Programming consisting primarily of text messages shall not be included in calculating PEG access use. Such additional PEG access capacity shall be dedicated for the type of access specified by the City. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise.
2. Local Programming Fee. As soon as practicable after the date of the franchise renewal, but in no event later than 120 days, the City and the Franchisee shall provide for the assessment and collection of a $0.50 per subscriber/per month local programming fee as follows:
A. Representatives of the City and the Franchisee shall develop a joint notice to subscribers that describes the purpose of the fee and the City’s plans for the proceeds from the fee.
B. The City and Franchisee shall also cooperate on other means of explaining the fee to subscribers, including the use of newspaper announcements and announcements on the cable system.
C. Within 45 days after the delivery of the joint notice to subscribers, Franchisee shall adjust its monthly bills to include the $0.50 per subscriber fee.
D. On a quarterly basis thereafter, Franchisee shall pay to the City the equivalent of $0.50 per subscriber per month, adjusted for nonpayment.
E. The City shall use the proceeds of the fee to help support PEG access programming.
F. Within 15 months after the initial assessment of the fee, the City shall complete a review of the fee. After the initial review, the City may conduct similar reviews periodically at its discretion. A review shall include an opportunity for public comment on matters relating to the fee. After a review, if the City determines that collection of the fee is no longer necessary or desirable for the support of PEG programming, the City shall notify Franchisee that it will cease assessing the fee and that payment of the fee to the City is no longer required.
G. Both parties agree that this fee shall not be deducted from the cable franchise fee.
3. Optical Transmission Equipment. The Franchisee agrees to provide one digital, optical transmission package upon request of the City, if the Franchisee converts the basic service tier to digital transmission technology. The Franchisee agrees to connect the optical equipment using coaxial cable or fiber optics with the local origination site specified by the City.
4. Signal Quality. Franchisee shall assure that the access channel delivery system from the City Hall and all other origination points specified herein meet the same technical standards as the remainder of the system as set forth in Section 114.08 of this chapter.
5. Treatment. The Franchisee will confer with the City on the content and format of any separate line item on the monthly bill related to local programming.
6. Origination Sites. The Franchisee shall maintain and/or replace and maintain throughout the franchise term the active origination lines from the locations from which local programming can be originated on the effective date of the franchise to the Franchisee’s headend.
7. Access Capital Grant and Access Channel. Within 120 days after the effective date of the franchise agreement, the Franchisee will provide the City with an $11,000 up-front capital grant to be used for the cost of the technical interconnection to the Government Channel 4 from Iowa City, Iowa, which Galaxy shall perform at the City’s request. This Government Channel 4 shall be imported and broadcast on the North Liberty Cable System on a basic service channel to be agreed upon with the City. All negotiations with Iowa City for permission for this technical interconnection, for Government Channel 4 from Iowa City, and all related programming costs shall be the responsibility of the City of North Liberty. In the event that the City is unsuccessful in its negotiations with Iowa City and is therefore unable to obtain Government Channel 4, the $11,000 capital grant may be used for PEG access equipment and/or access facilities, as the City deems appropriate.
8. Access Publicity. The Franchisee agrees to insert into subscriber handbooks information about local access channels. The cost of printing, etc. of this information shall be the sole responsibility of the access programming provider (government, education, public). The Franchisee reserves the right to approve content. The Franchisee agrees to allow billing messages or bill stuffers to be included in subscriber’s bills at the rate of one per year subject to approval of content by the Franchisee, availability, and adequate advance notice. The cost of printing and insertion shall be the responsibility of the access programming providers (government, education, public).