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A. A fee paid to the city is established for the support of public, educational, and governmental access facilities and activities within the city. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent of a franchise’s gross revenues, as that term is defined in Section 4.20.102.26, or in the franchisee’s franchise agreement, or in applicable provisions of state or federal law. This fee is also applicable to a state video franchise holder operating within the city, which shall pay to the city one percent of its gross revenues derived from the provision of video services within the city. The term “gross revenues” shall be defined as set forth in California Public Utilities Code Section 5860.
B. The fee established by this section shall be remitted quarterly to the city of Yucaipa finance department and must be received no later than forty-five (45) days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based, which summary must be verified by a responsible financial officer or employee of the video service provider. (Ord. 265 § 1, 2007)
4.20.113.4.1.1. Bear sole responsibility for the costs and expenses of operating, administering and programming the governmental access channels, including without limitation all personnel required in connection with the use of such channels, all facilities, and material (but not equipment) necessary for the use of such channels and the carriage of all programming on such channels;
4.20.113.5.1. Unless modified by the franchise agreement, the franchisee will provide and maintain at no cost to the city through the life of the agreement two channels for exclusive city use. All subscribers will receive the city use channels. The franchisee shall designate Channels 3 and 12 for the city's use. The franchisee may not use the assigned city channels without permission of the city.
4.20.113.5.2. The franchisee shall not interfere with any programming transmitted over the city channels. Franchisee shall assure high technical quality of access channels. The franchisee shall transmit or remit in their entirety all access channels and the programming contained on or supplied for such access channels. The signal for each access channel originated by the franchisee shall comply with the FCC's technical standards and shall be of comparable quality with other programming carried over its cable system. For any access channel where the signal is not originated by the franchisee, the franchisee shall not materially degrade such signal as is distributed over its cable system. (Ord. 205 § 3, 2001)
The city or other person responsible for the operation, administration and programming on each such PEG access channel shall in no manner lease, transfer, assign or divest itself of control of the use of such channel(s), or the availability of programming time over such channel(s), for any purpose to any other person, provided that the city may transfer management and control of such channel to a nonprofit person, including without limitation an access corporation, in which case such person shall be subject to each of the provisions of this section. (Ord. 205 § 3, 2001)
The city will exercise control over the operation of the PEG access channels. The city may create or designate one or more persons to be individually or jointly responsible for administering PEG access channels, including without limitation an access corporation. The city may delegate to such persons responsibility for the management, utilization, programming and scheduling of such PEG access channels. (Ord. 205 § 3, 2001)
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