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A. A grantee shall provide capacity for the village's noncommercial public, educational and governmental ("PEG") programming through one channel on the grantee's cable system. A grantee may offer such PEG programming on its basic digital tier of service and such programming shall be provided consistent with section 611 of the cable act, as amended from time to time.
B. A grantee shall comply with applicable requirements of section 21-601(d) of the cable and video service competition law for the purpose of facilitating public, educational and governmental programming.
C. A franchise agreement may provide that, if the village elects to provide equipment or capital improvements for PEG access use from schools or village facilities, then the following procedures shall apply. At such time that the village determines that it wants to establish capacity to allow subscribers to receive PEG access programming originated from schools or village facilities, or at such time that the village determines that it wants to change or upgrade a location from which PEG access programming is originated, the village will give the grantee written notice detailing the point of origination and the capability sought by the village. Within a reasonable period of time the grantee and the village shall mutually develop a plan and cost estimate to implement the changes desired by the village. The grantee shall review the equipment and capital improvements specified in such plan to assure the proper connectivity to grantee's facilities and operation of the PEG channel for its intended purposes. Provided the village has authorized the expenditures necessary to pay for the implementation of the plan, the village may then give notice to the grantee directing the grantee to impose monthly PEG fees on the grantee's cable system customers within thirty (30) days after receipt of the village's notice. The village shall determine the monthly PEG fees in consultation with the grantee to assure an adequate amortization of the PEG system costs over the appropriate period of time, taking into account any contribution made by the grantee. If the grantee will implement any necessary system changes on account of such programming, the village shall enter into an agreement with the grantee to provide for such work and the reimbursement of the grantee for its expenditures. Such agreement may also provide for the grantee to be reimbursed from PEG fees, but otherwise the grantee shall remit collected PEG fees to the village with each monthly payment of franchise fees. (Ord. 09-4-5, 4-7-2009)