(a) The purpose and intent of this section is to provide Public, Educational, and Government (“PEG”) Access Channels and facilities for governmental usage, educational usage, public access, and other locally originated non-commercial usage. The City Council finds and determines that the services of such PEG Access Channels are reasonably required to meet community needs, taking into account the cost of meeting such needs. In order to meet those community needs, a Franchise Agreement shall require a franchisee to provide PEG Access Channels and facilities in a manner and to the extent required to meet the standards and the levels of service to Subscribers set forth in this section.
(b) Upon the completion of a System build or upgrade/rebuild, each of its Subscribers who receive some or all of the services offered by the System, shall have reception of at least two (2) access channels, one (1) Educational, and one (1) Governmental. Such Educational and Governmental channels shall emanate from locations within the City. Cablecast availability for Public access programming and Leased access request shall be provided on a local origination or other channel. Such PEG channels shall be provided by a Grantee as a part of the Basic Cable Service. The access Channels shall be made available by a Grantee for use by the City and its citizens in accordance with the rules and procedures established by the Grantor or any lawfully designated person, group, organization or agency authorized by the Grantor for that purpose.
(c) To the extent that any access Channel is not being used for the provision of public, educational or governmental access purposes, a Grantee shall be permitted to use such Channel(s) for the provision of other services subject to any reasonable rules established by the Grantor regarding such use. A Grantee's permitted use of any access Channel made pursuant to this section shall cease within ninety (90) days of such Grantee's receipt of notice from Grantor that such Channel shall again be used for public, educational or governmental access.
(d) Notwithstanding the above, Grantee may accommodate a request from a Grantor for additional access capacity made pursuant to subsection (c) hereof by combining more than one access use on a Channel provided that:
(1) It is technically and economically feasible for such Grantee to do so;
(2) The scheduling needs of all users of the Channel can be reasonably accommodated; and
(3) The access entity which requires use of the alternate Channel must be able to access the alternate Channel from the site where it normally originates playback of its programs and may not be required to transport tapes to a remote site for playback.
(e) However, a Grantee shall provide an additional PEG Channel for non- commercial public, educational, or government broadcasts in the event that the three (3) PEG Channels provided under this section are then fully utilized. In no event shall a Grantee be required to provide in excess of one (1) additional access Channel and only after the Cable System offers at least 150 channels. As used in this section, "fully utilized" means utilized for original, non-duplicative locally produced programming not less than eight (8) hours per day, five (5) days per week, for a period of ten (10) consecutive weeks. The additional PEG Channel provided under this section shall be reviewed annually by Grantee providing it. Upon such annual review, the additional PEG Channel will continue to be made available to Grantor to the extent that the PEG Channels provided under this section and the Franchise Agreement (including the additional PEG Channel(s)) are at least seventy percent (70%) fully utilized. To the extent that such capacity requirement is not met, the additional PEG Channel shall be terminated subject to reactivation at the request of Grantor upon demonstration by Grantor that the three original and any other additional PEG channels provided under this section are fully utilized, and to the annual review provided herein.
(f) A Grantee providing PEG Channels shall provide free cable transmission facilities and free modulation equipment to introduce programming onto these transmission facilities by linking the below listed origination points with the headend, or through hubs to the headends for distribution to all Subscribers generally and for distribution to discrete audiences via scrambled signals and decoders at the origination points for such Channels. Such Grantee shall be responsible for all headend equipment essential to playback of programming, for operation and maintenance, and shall provide a studio and equipment acceptable to Grantor for PEG access use.
(g) In lieu of providing the equipment and facilities described in subsection (f) hereof, a Grantee shall pay a fee as specified in its Franchise Agreement not to exceed one percent (1%) of adjusted Gross Revenues (Gross Revenues above net of Franchise fee) to be placed by Grantor in a special fund for such PEG access purposes.
(h) A Grantor shall be responsible for the acquisition, maintenance, repair and operation of Educational and Governmental Access Facilities and equipment. In this regard, the Grantor may delegate from time to time its responsibilities to others who then shall assume the responsibility of Grantor in accordance with the Grantor's delegation. The Grantor will develop reasonable rules regarding use of Educational and Governmental Access Facilities and equipment and determine the needs of the City for educational and governmental access services.
(i) Costs of providing said facilities, equipment and services and any payment in lieu thereof shall not be deducted from Gross Revenues and shall not be a credit against payment of the Franchise Fee imposed under the Franchise Agreement.
(Ord. 1998-268. Passed 12-21-98.)