(a) PEG Channels.
(1) The Company will provide one analog PEG channel in the Basic Service tier by reserving channel 16 as a public access channel throughout the portion of the Cable Television System operated by Company in York County, Pennsylvania 24 hours per day, 7 days per week on which access programming is currently broadcast. Access programming on Channel 16 will be added to service in additional municipalities that request such access service. Channel 4, which is currently used for local origination programming, shall be used exclusively by Company.
(2) Company shall provide one analog channel in adddition to the channel provided in (a)(1) on the Basic Service tier exclusively for public, educational and governmental access use by City or its designees and such channel shall be available throughout the Cable Television System. Such channel shall be made available within ninety (90) days of a request from the City. The PEG Channel shall be available for PEG access programming on a twenty-four (24) hour basis, seven days a week.
(3) All PEG access programming shall be distributed as received and Company shall not interfere with the content of any PEG access channel distributed by Grantor or its designee except as otherwise permitted by law. City shall be responsible for the quality of the audio/video signal up to the cable insertion equipment.
(b) Use of PEG Channels. The City, or its designees, shall have the exclusive use of the PEG access channels. The City shall have the right to administer and operate the PEG access channels. Use of the PEG access channels shall be subject to such rules as City may adopt. The City agrees not to use PEG access channels to provide commercial services except to the extent necessary to support the services and programming provided. There shall be no charge by Company for the use of the PEG access channels.
(c) Additional PEG Channels.
(1) Company shall be required to make available a third analog channel on the Expanded Basic tier whenever cable casts of the non-duplicated, programming of local or regional interest on the initial PEG Channel or the two PEG channels as the case may be, either exceeds fifty percent (50%) of the total time available on such channel(s) between the hours of 10:00 a.m. and 10:00 p.m., or seventy-five percent (75%) of the total time available on such channel between the hours of 8:00 am and 4:00 pm, for at least sixty (60) days in a seventy-five (75) day period, as verified by programming logs. Such additional channel shall be provided by the Company within ninety (90) days after a request from the City.
(2) At any time after the fifth complete year of this Agreement measured from the date of passage of this Agreement as an Ordinance, the City may request and the Company shall provide within 120 days thereafter, bandwidth in the digital spectrum equal to the bandwidth necessary to operate one analog channel. The use of the bandwidth shall be within the discretion of the City(except that the bandwidth may not be used for a commercial video channel or a commercial use competitive with the Company) and may include but not be limited to public, educational or governmental access uses or for public safety use.
(3) If Company rebuilds the Cable Television System to a capacity in excess of 750Mhz, Company shall provide 3% of the expanded bandwidth above 750Mhz to the City for its use within ninety (90) days of the City’s request. The channel shall not be used for uses competitive with the Compay.
(d) Regional Access Studio.
(1) Company will support the relocation of the PEG access facilities from 1050 East King Street to a location to be designated by the City as the Regional Access Studio.
(2) As part of said relocation and regional access support, Company will contribute one hundred fifty thousand dollars ($150,000) which shall be paid to the City within sixty (60) days after written notice from the City that the money is necessary to fund equipment purchases for the studio. Company’s contributions may be used by City only for construction and, equipment expenses of the Regional PEG access studio and for no other purpose. In addition, the Company shall contribute to the City for capital improvements to the PEG channels the following amounts on the dates indicated: twenty thousand dollars ($20,000) on each of April 1, 2007, 2009, 2011; thirty thousand dollars ($30,000) on each of April 1, 2013 and 2015 and thirty-five thousand dollars ($35,000) on each of April 1, 2017 and 2019.
(3) Company will also provide technical assistance in the development of a business plan, acquisition of equipment and design of the PEG Regional Access Studio.
(4) Company will provide support for City’s applications for grants, and for its efforts to form a regional municipal cooperative to fund and operate the Regional PEG Access Studio.
(e) Indemnification of PEG Access Programming Procedures and Users.
(1) All local producers and users of any of the PEG access facilities or channels shall agree in writing to hold harmless Company and City from any and all liability or other injury (including the reasonable costs of defending claims or litigation) arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, State or Federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the Company or City; and for any other injury or damage in law or equity, which claims result from the use of a PEG access facility or channel.
(2) Should the liability protection outlined in the paragraph above prove to discourage PEG use, as evidenced, for example, by numerous refusals to sign the release on the part of would-be users, Company and City agree to work together to modify the safeguards without putting themselves or citizens at risk.
(f) Service to Community Facilities. At no charge to the City Company shall provide the following services to all City Buildings staffed at least during normal business hours, all firehouses, all City community resource centers all, County Government Buildings within the City and all public and non-profit private school buildings and libraries within the City:
(1) Company shall provide one cable drop, outlet and Basic and Expanded Basic service package to each of the buildings. No charge shall be made for installation or service except that Company may charge for installation and service for more than one drop in each building or any such connection beyond a “standard installation” in accordance with installation of service as defined in Section 323.05(c)(2).
(2) Company shall provide one high speed internet service via cable modem to each building designated by the City. No charge shall be made for installation, except that Company may charge for installation for more than one cable modem connection in a building or any such connection beyond a standard installation in accordance with Section 323.05(c)(2) hereof. The modem service shall be provided at fifty percent (50%) of the monthly commercial data rates offered by the Company.
(3) Company shall provide to the City permanently located cablecast equipment that will allow the City to do live cablecasts from three locations being, the Mayor’s office and two locations to be designated by the City that are passed by the Cable Television System. In addition, the Company will provide equipment necessary to do mobile videocasts including a camera, audio equipment and a modulator.
(4) Additional connections or service beyond Basic or Expanded Basic, to any municipal or educational building may be charged at the lowest rate presently in existence for bulk rate customers of similar size. Any internal wiring with the designated buildings will not be Company’s responsibility but if Company agrees to do such internal wiring, Company shall be paid on a time and material basis.
(g) Leased Channel. The City reserves the right to lease a channel for commercial cablecast programming. City shall be entitled to lease a channel for commercial purposes on the most favorable terms extended to lease channel customers at the time that the City elects to lease the channel.
(Ord. 11-2005. Passed 2-15-05.)