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ORD 05-002
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ORD 05-002
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12/3/2007 3:37:21 PM
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9/8/2005 8:37:12 AM
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City Government
type
ORD
date
1/3/2005
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<br />. <br /> <br />. <br /> <br />. <br /> <br />addition to any Franchise Fee. The City and the Grantee shall jointly fund and <br />sponsor a Subscriber survey during the fifth and tenth years of this Franchise for <br />the purpose of assessing Subscriber satisfaction with PEG Access programming <br />and the levels of financial support that Subscribers are willing to provide. Upon <br />completion of the survey, the City and Grantee shall meet to discuss the level of <br />support for PEG Access programming and enter into good faith discussions <br />regarding revisions to this Section that may be appropriate in light of the survey. <br /> <br />f. Use of PEG Capital Fee. The City and Grantee agree that the City <br />will expend the PEG Capital Fees solely for capital costs (consistent with GAAP) <br />associated with PEG Access. Historically the City has provided, on an annual <br />basis, substantial financial support for PEG Access programming. In <br />consideration for Grantee's obligation to remit the PEG Capital Fee, the City <br />agrees to provide financial support for PEG Access that is equivalent to the <br />amount of PEG Capital Fees collected and provided to the City. By March 31st <br />of each year, the City shall provide Grantee with an annual report of any <br />expenditures of the PEG Access Capital Fee to insure such fees are used for <br />capital costs related to PEG Access. The annual report shall also demonstrate <br />how the. City fulfilled its requirement to provide matching support for PEG <br />Access. Based on the report, the Grantee may send a written notice to the City <br />alleging that the City failed to demonstrate that the PEG Capital Fee was used <br />for capital or that matching PEG Access support was provided. The City shall <br />have thirty (30) days after receipt of the written notice to provide additional <br />information demonstrating compliance with the requirements of this Section. If <br />the Grantee continues to allege that the City has not complied with its obligations <br />herein, the Grantee may provide written notice of its intent to reduce and/or <br />discontinue collecting and remitting the PEG Capital Fee. If the City disputes the <br />Grantee's actions, it may initiate any enforcement action under the Cable <br />Ordinance it deems appropriate. <br /> <br />g. Access Rules. The City may implement rules governing PEG <br />Access Channels and programming. <br /> <br />h. Parity of Obliqations. The City will impose equivalent PEG Access <br />obligations on any other franchised provider of Cable Service in the City to the <br />extent provided by law. <br /> <br />Section 4.3 Drops and Service to Public Buildings. <br /> <br />a. The Grantee must provide monthly Basic Cable Service and Cable <br />Programming Service (excluding pay-per-channel or pay-per-program) and install <br />one (1) Drop and one (1) outlet without charge to the public institutional sites <br />listed in Exhibit A attached. The programming provided by Grantee is not for <br />public display. The City shall hold the Grantee harmless for any copyright, or <br />other penalties, incurred due to improper use of free service. The Grantee shall <br />not be required to provide Converters. <br /> <br />RJV-257202vl <br />SH255-1 <br /> <br />6 <br /> <br />.c.~), <br />
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