5.28.860   Alternative No. 2-Franchisee sponsored programming.
   The type of community use programming contemplated by this alternative is that which is produced as a result of an affirmative effort by the franchisee to interest community organizations and groups in program ideas, development and production, is presented on the subscriber network in minimum quantities prescribed by the application, and is distributed among the various tiers of service as prescribed by the application.
   A.   Applicants desiring to propose this alternative shall include the following within their applications:
      1.   Schedules showing the number of hours per week new (not previously broadcast or cablecast within the Sacramento community) community use programming will be shown on the subscriber network within each tier of service proposed in the application, categorized according to minimum number of hours per week per tier of service proposed in the application, categorized according to minimum number of hours per week per tier of service between the hours of six a.m. and five p.m., five p.m. and eleven p.m., and eleven p.m. and six a.m., with respect to the following variables:
         a.   Differences in volumes of hours of community use programming at various times during the term of the franchise, if the applicant proposes different volumes of such programming at various times during the term of the franchise;
         b.   Volumes of hours of audio only community use programming, if the applicant proposes both audio only and audio and visual community use programming;
         c.   The minimum numbers of hours respecting community use programming to be produced by the franchisee;
         d.   The minimum number of hours respecting community use programming to be produced by the county or cities;
         e.   The minimum numbers of hours respecting community use programming to be produced by local non-profit community organizations; and
         f.   Volumes of hours of automated community use programming, as distinguished from regular nonautomated community use programming, if such automated programming is to be shown.
         g.   A commitment by the applicant to provide during the entire term of the franchise all hours of programming which it has proposed in the schedules identified by subsection (A)(1) of this section;
         h.   A description of the location, nature and extent of studio facilities, production equipment and personnel and other resources proposed to be made available at the sole cost of the applicant and without any charge whatsoever to produce and assist the county, cities and local nonprofit community organizations in the presentation of community use programming. The applicant shall indicate whether the studio facilities, the production equipment, staffing resources and other resources will be exclusively available for community use programming to the county, cities and local nonprofit community organizations, or whether such resources will be shared with the applicant's operation or others. If shared, specific criteria shall be stated showing how time priorities will be allocated among competing interests to insure, for example, that studio space and production resources will not be made available to local organizations only at the least desirable times;
         i.   Specific and detailed affirmative strategies to be utilized by the applicant to solicit and encourage interest by the county, cities and local nonprofit community organizations in planning, producing and presenting community use programming to fulfill the broadcast time commitments proposed; and
         j.   A statement of all criteria intended to be utilized by the applicant to select between and apportioned time among local nonprofit community organizations, the county, and the cities if the demand to produce community use programming exceeds the broadcast time proposed in the schedules identified by subsection (A)(1) of this section.
   B.   In addition to the foregoing, and as a part of this alternative, an applicant may, but is not required to, propose in its application a specific number of channels on the subscriber network which it would set aside for the exclusive provision of community use programming on a leased access basis by individuals and local nonprofit community organizations. Such channels, if proposed, shall be subject to lease, in whole or in part, for community use programming. Programming meeting the definition of "community use programming" shall be included in fulfilling the broadcast time proposal contained in subsection A of this section. With respect to any such proposal, the application shall contain the following:
      1.   An itemization of the amounts of fees and charges if any, to be levied by the applicant at various times during the franchise term for leased access use, the fees and charges, if any, to include all rights and privileges associated with the lease, use of studio facilities, production equipment and personnel and other resources, and broadcast times;
      2.   Copies of all contract documents to be utilized in connection with such leases; and
      3.   A statement as to whether identification of parties to whom channels will be leased and apportionment of leased time thereon will be vested within the sole discretion of the applicant, or determined in accordance with standards or criteria, and if so, a statement of all criteria, standards and requirements proposed to be utilized by the applicant in apportioning leased time should the demand therefore exceed the channel supply. (Prior code § 20.04.338)