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4.3. SR 11-04-2019
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4.3. SR 11-04-2019
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<br /> <br />per Subscriber, per month. Grantee may itemize any PEG Capital Fee on Subscriber’s <br />bills. Payment by Grantee must be separate from and in addition to any Franchise Fee. <br />g. Use of PEG Capital Fee. The City and Grantee agree that the City will <br />expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated <br />with PEG Access. In consideration for Grantee’s obligation to remit the PEG Capital Fee, <br />the City agrees to provide financial support for PEG Access that is equivalent to the amount <br />of PEG Capital Fees collected and provided to the City. Within sixty (60) days of written <br />request, the City shall provide Grantee with an annual report of any expenditures of the <br />PEG Access Capital Fee to insure such fees are used for capital costs related to PEG <br />Access. The report shall also demonstrate how the City fulfilled its requirement to provide <br />matching support for PEG Access. Based on the report, the Grantee may send a written <br />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 <br />action 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 /> <br />a. Subject to applicable law, the Grantee must provide, without charge, <br />monthly Basic Cable Service and Cable Programming Service (excluding pay-per-channel <br />or pay-per-program), one (1) Drop, one (1) outlet, and one (1) Converter of the type and <br />functionality made available to Subscribers (“Complimentary Service”) to the public <br />institutional sites listed in Exhibit A-2 attached which are served as of the Effective Date. <br />The programming provided by Grantee is not for public display. The City shall hold the <br />Grantee harmless for any copyright, or other penalties, incurred due to improper use of free <br />service. If additional Converters or other customer premises equipment (“CPE”) are <br />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 /> <br />b. Subject to applicable law, the Grantee shall connect such additional public <br />administration buildings as the City may subsequently designate, provided however, that <br />the Grantee shall only be required to pay the cost of the first one hundred and fifty (150) <br />feet of any necessary System or Drop construction as measured from an accessible System <br />tie-in point actively delivering Cable Service, and further provided that the City or <br />institution shall pay any additional mutually agreed upon construction cost. The Grantee <br />will have a reasonable time from the designation of additional sites to complete extension. <br />Institutions may add outlets at their own expense. The Grantee shall only be required to
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