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ORD 23-04
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ORD 23-04
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3/22/2023 10:14:05 AM
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3/14/2023 4:15:52 PM
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City Government
type
ORD
date
3/6/2023
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i. Parity of Obligations. The City will impose equivalent PEG Access obligations on any <br />other franchised provider of Cable Service in the City. <br />Section 4.3 Drops and Service to Public Buildings. <br />a. Subject to applicable law, and provided that Grantee's service area includes the public <br />institutional site, Grantee must provide, without charge, monthly Basic Cable Service, one (1) Drop, <br />one (1) outlet, and one (1) Converter of the type and functionality made available to Subscribers <br />("Complimentary Service") to the public institutional sites listed in Exhibit A-2 attached. The <br />programming provided by Grantee is not for public display. The City shall hold the Grantee harmless <br />for any copyright, or other penalties, incurred due to improper use of free service. If additional <br />Converters, other customer premises equipment ("CPE") or other services (e.g., a broadband Internet <br />connection) are required to receive Complimentary Service, Grantee reserves the right to charge the <br />institution the published rate for such CPE or other services consistent with applicable law. <br />b. Subject to applicable law, the Grantee shall connect such additional public <br />administration buildings within Grantee's service area as mutually agreed upon by the City and <br />Grantee. <br />Section 4A Receipt of Subscriber Payments <br />The Grantee must maintain a convenient means for Subscribers to make payments such as the ability <br />to make payments electronically via a company website. <br />SECTION 5. ADMINISTRATION PROVISIONS <br />Section 5.1 Franchise Fee. <br />a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five percent (5%) <br />of its Gross Revenues. The Grantee shall remit Franchise Fee payments to the City on a quarterly <br />basis within 60 days of the close of the preceding calendar quarter. Payments shall be based on Gross <br />Revenues generated during the preceding calendar quarter. In the event Grantee offers a bundle or <br />package of Cable Services and non -Cable Services at a discounted rate, the Grantee must allocate <br />revenues between Cable Services subject to the Franchise Fee and non -Cable Services (which, for the <br />avoidance of doubt, includes revenue from third -party programming services) that are not subject to <br />the Fee on a proportionate pro rata basis in accordance with Generally Accepted Accounting Principles <br />("GAAP"). In no event shall the Grantee allocate the revenues to evade its Franchise Fee obligations <br />under this Franchise or to disproportionately reduce Gross Revenues. <br />b. Each Franchise Fee payment must be accompanied by a report in form reasonably <br />acceptable to City detailing the computation of the payment. All amounts paid are subject to audit and <br />recomputation by the City, and acceptance of any payment must not be construed as an accord that the <br />amount paid is in fact the correct amount. In accordance with Minn. Stat. § 541.05, any action to <br />recover Franchise Fees must be commenced within three (3) years of receipt of the Franchise Fee <br />payment or due date for such payment. <br />c. In the event that any Franchise payment or recomputed payment is not made on or before <br />the dates specified herein, Grantee shall pay an interest charge, computed from such due date, at the annual <br />rate of one percent over the prime interest rate. <br />DOC SOPEN\SH255\ 16\843960.v2-2/3/23 <br />
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