(a) The first permittee licensed under this chapter to provide cable television service shall provide one channel for full-time use by the City of Toledo and the metropolitan area for Public, Educational, and Governmental ("PEG") access programming. This channel will appear on the Basic Service, accessible to all subscribers, without reference to the level of subscribership. If the demand for PEG access programming exceeds the capacity of the one channel, the permittee shall make an additional channel available provided service is being provided through digital transmission.
(b) The use of the first PEG access channel shall be evenly split between the City of Toledo and the remaining metropolitan area served by the permittee. In the event the conditions in subsection (a) are met and a second PEG access channel is added, one channel shall be for the sole use of the City and the remaining channel shall be for the use of the metropolitan area served by permittee. The City shall authorize the use of its PEG access channel (or portion thereof) for governmental, educational, or individual expression purposes. The City may designate the PEG Channel for use by public, educational, or governmental access users or organizations based on its own procedures, but the City may permit only non-profit users to have access to the PEG channel. The City must give the permittee reasonable advance notice of the intended use of the PEG channel including any changes in the intended use of that channel. No restrictions or editorial control shall be placed on the use of the PEG channel for a public purpose.
(c) The permittee shall acquire no rights to PEG channel programming by virtue of its cablecasting or distribution of such programming over its cable system except the right to transmit such programming to subscribers receiving a signal from the cable system.
(d) The technical arrangements for transmission of the PEG programming from the point of origin to the permittee's headend will be the subject of a separate agreement between the City and the permittee, to be negotiated in good faith between them and to contain the standard terms and conditions regarding transportation, receipt and distribution.
(e) After the City has received at least one PEG channel from a cable television provider, the City shall require additional PEG channels from subsequent providers or charge such providers a fee per subscriber equal to the per subscriber cost incurred by the PEG access channel provider. The fee shall be determined at the time the PEG services are provided and shall be adjusted annually by the City to reflect the cost of public, educational, and governmental access. The City may reduce the amount paid by the PEG access providers as a result of requiring other cable television providers to pay an amount to the City in support of public, educational, and governmental access.
(f) At the request of the City, the PEG provider shall provide or arrange for production facilities, equipment and production services ("programming services") which will facilitate the production of public, educational, and governmental programming for all City PEG channel users. After the City is receiving PEG production services from a PEG provider, the City shall require additional production services from other providers or charge such providers a fee per subscriber equal to the per subscriber cost incurred by the PEG production service provider. The fee shall be determined at the time the PEG production services are provided and shall be adjusted annually by the City to reflect the cost of PEG programming services. The City may reduce the amount paid by the PEG programming service providers as a result of requiring other cable television providers to pay an amount to the City in support of PEG programming services.
(g) The City's rights under this section are not assignable.
(Ord. 398-97. Passed 6-24-97.)