ORD 23-04 - Laserfiche WebLink

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the expenditure of Franchise Fees and PEG Capital Fees by and among the Commission's member municipalities. Nothing herein shall obligate the City to make equipment or channels available for public access programming or to any particular programmer. C. Narrowcast. The City currently uses one (1) PEG Access Channel for programming originated in, or primarily of interest to, Subscribers in the City while using a second PEG Access Channel for programming produced or otherwise provided by the Commission which may be produced in adjoining cities that are members of the Commission. d. Live Originatign, The Grantee shall continue to provide two-way capability permitting transmission of live programming from the public institutional sites listed in Exhibit A-1 attached. The Grantee shall not be required to provide end -user equipment. The City may designate relocated or additional live programming sites provided that the City shall pay the actual construction cost of connecting such relocated or additional live programming sites prior to the Grantee's construction of same. The Grantee must ensure that the System meets the technical standards attached as Exhibit Bat all live origination sites. The Grantee must further ensure that the City can originate programming from City Hall consistent with Section 4.2c. C. Hiph Definition. The two (2) PEG Access Channels shall be provided in high definition ("HD"). The City acknowledges that in order to receive Access Channels in HD format Subscribers may be required to buy or lease special equipment, or pay additional HD charges applicable to all HD services. £ PEG Access Capital Sugport. In addition to the requirements of Section 4.2(a)-(e) above, the Grantee shall collect and remit a PEG capital fee of up to eighty-five cents ($.85) per Subscriber, per month ("PEG Capital Fee"). The Grantee shall remit such payments on the same schedule as the Franchise Fee. All amounts paid shall be subject to audit and recomputation and acceptance thereof does not constitute an accord that amounts paid are correct. The PEG Capital Fee as of the Effective Date is eighty-five cents ($.85) per Subscriber, per month. Grantee may itemize any PEG Capital Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Franchise Fee. 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 ensure 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. DOCSOPEN\SH255\ 16\843960.v2-2/3/23