(a) Services To Be Provided. The Franchisee shall provide, at a minimum, the services listed in the Franchise agreement. The Franchisee may delete and/or substitute services as may be prescribed or permitted under the 1992 Cable Act, FCC Rules and Regulations or other state and local law. However, the Franchisee shall not reduce or substitute programming, change channel positioning, or change the rate of any programming or other service offered to Subscribers without a thirty (30) day written notice to both the City and the Subscriber. The Franchisee may add new services at any time, as may be permitted under the 1992 Cable Act, FCC Rules and Regulations, or any amendment thereof.
(b) Basic Service. The Basic Service offered Subscribers shall include, but not be limited to, all service required by the 1992 Cable Act Section 623(b)(7) and FCC Rules Part 76.56 and any amendments thereof. As defined, the Franchisee must "provide a separately available Basic Service to which subscription is required for access of any other service tier." At a minimum the Basic Service shall consist of signals required under Sections 614 and 614 (local television signals) of the Cable Act; public, educational, governmental, and leased access channels; and any broadcast television station which is provided to the Subscriber other than those secondarily retransmitted via satellite beyond the local service area of such station.
(c) Emergency Alert System. The Franchisee shall install and thereafter maintain an emergency audio over-ride Emergency Alert System (EAS). This system shall be capable of transmitting emergency messages and alerts by over-riding the audio signal of all channels of the cable system simultaneously which may lawfully be overridden in the event of civil emergency or for reasonably scheduled tests. The EAS may be designed to be activated by microphone or telephone and shall include adequate security measures which will insure that only designated agents of the City will be provided access to the system.
(d) Public Access Channels. The Franchisee shall provide at least one (1) Public Access Channel. The channel shall be available to the public at no charge, and the Franchisee shall make available to users of the Public Access Channel the facilities to be provided for local programming, at no charge, on a first come first served nondiscriminatory basis. The City may, at its sole discretion, enter into a contract with a nonprofit organization or corporation to provide the administration of the Public Access Channel and the regulations governing its use. The Franchisee shall provide said organization or corporation its fullest cooperation. Whenever the specially designated Public Access Channel is in use with video programming (not character generated message or scrolls) an average of 60% of the time with no duplication of programming, an additional channel may be reserved for the community's public access purposes (PEG). The Franchisee shall provide such additional channels within sixty (60) days.
(e) Governmental Access Channels. The Franchisee shall provide at least one (1) channel for the use of the City. The channel shall have the capability of providing two-way signal transmission in those areas designated by the City. The Franchisee shall also provide advice and technical expertise as reasonably needed by the City. All the foregoing shall be provided at no charge to the City. Whenever the specially designated Governmental Access Channel is in use with video programming (not character generated message or scrolls) an average of 60% of the time with no duplication of programming, an additional channel may be reserved for the community's governmental access purposes (PEG). The Franchisee shall provide such additional channels within sixty (60) days.
(f) Educational Access Channel. The Franchisee shall, at no cost to the schools, provide one channel for the use of local public school systems, which are located within the Franchise area. (2) The Channel shall have the capability of providing two-way transmission in those areas designated by the school system administration. The two-way service shall be activated, at the cost of the Franchisee, upon request by the school system administration. The Franchisee shall provide advice and technical expertise as may be necessary to aid the schools in the utilization of the Channel, at no cost to the schools. Whenever the specially designated Educational Access Channel is in use with video programming (not character generated message or scrolls) an average of 60` of the time with no duplication of programming, an additional channel may be reserved for the community's educational access purposes (PEG). The Franchisee shall provide such additional channel within sixty (60) days.
(g) Miami University Access Channels. The Franchisee shall, at no cost to the University, provide two (2) channels for the use of Miami University. (2) The Channel shall have the capability of providing two-way transmission in those areas designated by the University administration. The two-way service shall be activated, at the cost of the Franchisee, upon request by the University administration. The Franchisee shall provide advice and technical expertise as may be necessary to aid the University in the utilization of the Channel, at no cost to the University. Whenever the specially designated Educational Access Channel is in use with video programming (not character generated message or scrolls) an average of 60% of the time with no duplication of programming, an additional channel may be reserved for the community's educational access purposes (PEG). The Franchisee shall provide such additional channel within sixty (60) days.
(h) Leased Access Channel. The Franchisee shall designate Channel capacity, in accordance with the Cable Act Section 612 (47 USC 532) and FCC Rules Part 76.701, for commercial use by persons unaffiliated with the Franchisee. The Franchisee shall provide this capacity on a nondiscriminatory basis and shall not deny access to persons or entities attempting to lease time on said channel(s) because service would be competitive with programming or service offered by the Franchisee. The Franchisee shall include the revenue derived from the sale of time on the leased access channel(s) in the Gross Revenues used to calculate the Franchise Fees. The Franchisee shall provide such additional channels within sixty (60) days.
(i) Emergency Power Systems. The Franchisee shall maintain an emergency power generating capacity at its headend.
(j) Effective Date. Both parties agree that the Grantee will continue to make available equipment and playback facilities until October 1, 1996. At which time the City will take over production and playback of access programming. The Grantee also agrees that it shall provide a link from the City payback system to its headend.