A franchisee under the initial CATV franchise who has included within its application for the franchise a proposal for community use programming under the above sections shall comply during the entire term of the franchise with all such commitments contained in its application and the resolution offering the franchise, including, but not limited to, provision of the specified number of hours of community use programming pursuant to the terms and conditions stated, allocation and use of channels pursuant to the terms and conditions stated, and provision of all studio facilities, production equipment, personnel resources and other resources identified for the uses specified pursuant to the terms and conditions stated. During such term, the franchisee shall keep and maintain all such facilities, equipment and resources in good condition and repair, and replace any and all such facilities, equipment and resources as necessary to fulfill the obligation that the foregoing be provided and maintained during the entire term of the franchise. The failure to comply with the commitments and obligations identified by this paragraph shall be deemed to constitute a material violation and breach of the franchise documents.
If a franchisee has included within its application a proposal under both Alternative No. 1 as described by Section 5.28.850 of this chapter, and Alternative No. 2 as described by Section 5.28.860 of this chapter, community use programming cablecast on the access channel(s) provided under Alternative No. 1, as described by Section 5.28.850 of this chapter, shall not count for the purposes of fulfilling the broadcast commitments assumed under Alternative No. 2, as described pursuant to subsection A of Section 5.28.860 of this chapter. (Prior code § 20.04.340)