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ORD 19-03
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ORD 19-03
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4/9/2019 12:52:16 PM
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City Government
type
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date
2/4/2019
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notice to the City alleging that the City failed to demonstrate that the PEG Capital Fee was <br />used for capital or that matching PEG Access support was provided. The City shall have <br />thirty (30) days after receipt of the written notice to provide additional information <br />demonstrating compliance with the requirements of this Section. If the Grantee continues <br />to allege that the City has not complied with its obligations herein, the Grantee may provide <br />written notice of its intent to reduce and/or discontinue collecting and remitting the PEG <br />Capital Fee. If the City disputes the Grantee's actions, it may initiate any enforcement action <br />under the Cable Ordinance it deems appropriate. <br />h. Access Rules. The City may implement rules governing PEG Access <br />Channels and programming. <br />i. Parity of Obligations. The City will impose equivalent PEG Access <br />obligations on any other franchised provider of Cable Service in the City. <br />Section 4.3 Drops and Service to Public Buildings. <br />a. The Grantee must provide, without charge, monthly Basic Cable Service and <br />Cable Programming Service (excluding pay -per -channel or pay -per -program), one (1) Drop, <br />one (1) outlet, and one (1) Converter of the type and functionality made available to <br />Subscribers ("Complimentary Service") to the public institutional sites listed in Exhibit A-2 <br />attached. The programming provided by Grantee is not for public display. The City shall <br />hold the Grantee harmless for any copyright, or other penalties, incurred due to improper <br />use of free service. If additional Converters or other customer premises equipment ("CPE") <br />are required to receive Complimentary Service, Grantee reserves the right to charge the <br />institution the published rate for such CPE consistent with applicable law. <br />b. The Grantee shall connect such additional public administration buildings as <br />the City may subsequently designate, provided however, that the Grantee shall only be <br />required to pay the cost of the first one hundred and fifty (150) feet of any necessary System <br />construction, and further provided that the City or institution shall pay any additional <br />mutually agreed upon construction cost. The Grantee will have a reasonable time from the <br />designation of additional sites to complete extension. Institutions may add outlets at their <br />own expense. The Grantee shall only be required to provide Complimentary Service to the <br />extent a newly designated building replaces a site previously receiving such service. <br />Section 4.4 Receipt of Subscriber Payments <br />The Grantee must maintain a convenient means for Subscribers to make payments such as <br />the ability to make payments electronically via a company website. <br />SECTION 5. ADMINISTRATION PROVISIONS <br />Section 3.1 Franchise Fee. <br />a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five <br />percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments to the <br />City on a quarterly basis within 60 days of the close of the preceding calendar quarter. <br />Payments shall be based on Gross Revenues generated during the preceding calendar <br />5262200 R!V SH255-14 6 <br />
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