Sec. 5-9. Educational and governmental access.
(a) Designated Access Providers. The Grantor may designate access providers to control and manage the use of any and all access facilities. To the extent of such designation by the Grantor, as between the designated access provider and the Grantee, the designated access provider shall have sole and exclusive responsibility for operating and managing such access facilities.
(b) Channel Capacity and Use.
(1) Downstream channel. The Grantee shall provide one (1) downstream channel for distribution of access programming.
(2) Unused channel. The Grantee and the Grantor agree that it is their mutual goal to fully and efficiently use the channel capacity of the cable system, including the access channel. If the Grantee believes that the access channel has underutilized time, the Grantee may file a written request with the Grantor to use that time. In response to the request, the Grantor will consider the community’s needs and interests, the source, quantity, type and schedule of the programming carried on the access channel, and whether it is feasible for the Grantor and/or its designated access providers to cluster access programming into blocks of time such that the channel space can be compatibly shared between the Grantor and the Grantee. The Grantor shall render its decision within sixty (60) days of the Grantee’s request. Should the Grantor find that the access channel or portion of the access channel may be used by the Grantee, then the Grantee may begin using such time ninety (90) days after receipt of the decision. The Grantee’s request shall not unreasonably be denied. Any permission granted pursuant to this Subsection for use of an access channel or a portion thereof shall be considered temporary. If a channel allocated for access use is used by the Grantee in accordance with the terms of this Subsection, the Grantor shall have the right to require the return of the Channel or portion thereof. If the Grantor reasonably determines that based on the community’s needs and interests, and the source, quantity, type and schedule of the programming proposed to be carried on the access channel as well as the Grantor’s or the designated access provider’s ability to acquire or produce the proposed programming, it is not feasible to compatibly share the channel with the Grantee, the Grantor may request return of such channel space by delivering written notice to the Grantee stating that the Grantor is prepared to fully utilize the channel, or portion thereof, in accordance with this Subsection. In such event, the channel or portion thereof, shall be returned to such institution within ninety (90) days after receipt by the Grantee of such written notice.
(c) Relocation of Access Channels. The Grantee shall use best efforts to maintain the access channel on the channel designated; however, in the event such channel designation is to be changed, the Grantee shall provide the Grantor with one hundred and twenty (120) days’ notice, prior to the time access channel designation is changed. In addition, the Grantee shall pay to the Grantor an amount equal to the Grantor’s costs in remarketing the location of the access channels and managing the relocation administratively and technologically, up to a maximum of fifty cents ($.50) per subscriber. Any such amounts paid by the Grantee may be added, at the Grantee’s discretion and in accordance with the applicable FCC regulations, to the price of cable services and collected from such subscribers as external costs as such term is used in 47 C.F.R. Section 76.922, if the Grantee’s decision to relocate such access channels is required by federal, state or local law. The Grantee, at the Grantee’s expense, will place the Grantor’s notices of the channel change on its regular monthly billings, upon the Grantor’s request. Any new channel designations for the access channel provided pursuant to this franchise shall be in full compliance with FCC signal quality and proof of performance standards.
(d) Support for Access Capital Costs.
(1) During the term of this franchise, the Grantor shall have the option to request the Grantee to provide an amount of up to fifty cents ($.50) per month per residential subscriber, excluding bulk accounts and fee service accounts (the "Capital Contribution") for access or such lesser amount if authorized by the Grantor, provided the Grantor makes a commitment to the operating support of its designated access provider. The Grantor acknowledges that pursuant to federal law, the Grantee intends to collect the replacement capital contributions from residential subscribers as a separate line item on subscriber bills in addition to the price for cable service. Prior to requiring the Grantee to begin the capital contribution, the Grantor shall conduct a public bearing on the matter.
(2) The capital contribution shall be payable by the Grantee to the Grantor after:
a. Notice to the Grantee’s residential subscribers of such inclusion; and
b. The collection of the capital contribution from such residential subscribers.
(3) The Grantee shall make such payments semi-annually, following the effective date of implementing the capital contribution pursuant to this Section, for the preceding period ending June 30 and December 31. Each payment shall be due and payable no later than forty-five days (45) days following said dates. The Grantor shall have discretion to allocate such payments for access costs in accordance with applicable law.
(4) The pass-through shall not be considered revenue for the purpose of calculating franchise fees and shall not be a deduction from the franchise fees owed to the Grantor so long as the pass-through amount collected by the Grantee and paid to the Grantor is used as capital support of access. The Grantor shall provide a report annually to the Grantee on the use of the pass-through funds provided to the Grantor. The Grantee shall have the opportunity to review records of the Grantor and any designated access provider regarding the use of funds described in the annual reports. The report shall document that, for each dollar spent on access costs, an equivalent amount will be contributed, in aggregate, by the Grantor and any designated access provider on operating support or access. No more than twenty-five percent (25%) of the capital contribution may be carried over from one (1) fiscal year of the Grantor to the next.
(e) Access Channels on Basic Service Tier. All access channels provided to subscribers under this franchise shall be included by the Grantee, without limitation, as a part of the basic service tier on the cable system.
(f) Change in Technology. In the event the Grantee makes any change in the cable system and related equipment and facilities or in the Grantee’s signal delivery technology, which directly or indirectly substantially affects the signal quality or transmission of access services or programming, the Grantee shall at its own expense take necessary technical steps, including the acquisition of all necessary equipment, to ensure that the capabilities of access services are not diminished or adversely affected by such change.
(g) Technical Quality. The Grantee’s cable system shall be maintained so that all access channels are provided at a level of technical quality and reliability consistent with FCC Technical Standards and all other applicable laws, rules and regulations for residential subscriber channels. The Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including modulators, associated cable and equipment necessary to carry a quality signal to the Grantor’s facilities.
(h) Access Cooperation. The Grantor may designate any other jurisdiction which has entered into an franchise with the Grantee or an affiliate of the Grantee to receive any access benefit due the Grantor hereunder, or to share in the use of access services, facilities, equipment or channel operations hereunder. The purpose of this Subsection shall be to allow cooperation in the use of access and the application of any provision under this Section as the Grantor in its sole discretion deems appropriate. (Ord. 731 § 1, 2004)