4.3. SR 11-04-2019 - Laserfiche WebLink

Home Browse Search

g. Use of PEG Capital Fee. The City and Grantee agree that the City will expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated with PEG Access. In consideration for Grantee'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. Within sixty (60) days of written request, the City shall provide Grantee 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 report shall also demonstrate how the City fulfilled its requirement to provide matching support for PEG Access. Based on the report, the Grantee 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 the Grantee continues to allege that the City has not complied with its obligations herein, the Grantee may provide written notice of its intent to reduce and/or discontinue collecting and remitting the PEG Capital Fee. If the City disputes the Grantee's actions, it may initiate any enforcement action under the Cable Ordinance it deems appropriate. h. Access Rules. The City may implement rules governing PEG Access Channels and programming. i. Parity of Obligations. The City will impose equivalent PEG Access obligations on any other franchised provider of Cable Service in the City. Section 4.3 Drops and Service to Public Buildings. a. Subject to applicable law, tThe Grantee must provide, without charge, monthly Basic Cable Service and Cable Programming Service (excluding pay-per- channel or pay-per-program), one (1) Drop, one (1) outlet, and one (1) Converter of the type and functionality made available to Subscribers ("Complimentary Service") to the public institutional sites listed in Exhibit A-2 attached which are served as of the Effective Date. The programming provided by Grantee is not for public display. The City shall hold the Grantee harmless for any copyright, or other penalties, incurred due to improper use of free service. If additional Converters or other customer premises equipment ("CPE") are required to receive Complimentary Service, Grantee reserves the right to charge the institution the published rate for such CPE consistent with applicable law. b. Subject to applicable law, tThe Grantee shall connect such additional public administration buildings as the City may subsequently designate, provided however, that the Grantee shall only be required to pay the cost of the first one hundred and fifty (150) feet of any necessary System or Drop construction as measured from an accessible System tie-in point actively delivering Cable Service, and further provided that the City or institution shall pay any additional mutually agreed upon construction cost. The Grantee will have a reasonable time from the designation of additional sites to complete extension. Institutions may add outlets at their own expense. The Grantee shall