7.B. SWCSR 05-06-2010 - Laserfiche WebLink

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of the following year. If the City fails to provide the written notification required herein by October 1st, then the PEG Capital Fee for the following calendar year shall remain as set the previous year. FiberNet may itemize any PEG Capital Fee on subscriber's bills. Payment by FiberNet must be separate from and in addition to any Franchise Fee. The City, FiberNet and other cable franchisees shall jointly fund and sponsor a subscriber survey approximately during the fifth and tenth years of the franchises for the purpose of assessing subscriber satisfaction with PEG Access programming and the levels of financial support that subscribers are willing to provide. Upon completion of the survey, the City and FiberNet shall meet to discuss the level of support for PEG Access programming and enter into good faith discussions regarding revisions to this Section that may be appropriate in light of the survey. f. Use of PEG Capital Fee. The City and FiberNet agree that the City will expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated with PEG Access. Historically the City has provided, on an annual basis, substantial financial support for PEG Access programming. In consideration for FiberNet's obligation to remit the PEG Capital Fee, the City agrees to provide financial support for PEG Access that is equivalent to the amount of PEG Capital Fees collected and provided to the City. By March 31st of each year, the City shall provide FiberNet with an annual report of any expenditures of the PEG Access Capital Fee to insure such fees are used for capital costs related to PEG Access. The annual report shall also demonstrate how the City fulfilled its requirement to provide matching support for PEG • Access. Based on the report, FiberNet may send a written notice to the City alleging that the City failed to demonstrate that the PEG Capital Fee was used for capital or that matching PEG Access support was provided. The City shall have thirty (30) days after receipt of the written notice to provide additional information demonstrating compliance with the requirements of this Section. If FiberNet continues to allege that the City has not complied with its obligations herein, FiberNet may provide written notice of its intent to reduce and/or discontinue collecting and remitting the PEG Capital Fee. If the City disputes FiberNet's actions, it may initiate any enforcement action under the Cable Ordinance it deems appropriate. g. Access Rules. The City may implement rules governing PEG Access channels and programming. h. Parity of Obligations. The City will impose equivalent PEG Access obligations on any other franchised provider of Cable Service in the City to the extent provided by law. Section 4.3 Drops and Service to Public Buildings. a. FiberNet must provide monthly Basic Cable Service and Cable Programming Service (excluding pay-per-channel or pay-per-program) and install one (1) Drop and one (1) outlet without charge to the public institutional sites e City of Monticello Ordinance 514 6