§ 304. Support for public, educational and government use of the cable system.

304.(a). In addition to satisfying the other requirements of this Article III, the Company is required to provide the following additional PEG use funding (as used in this Section 304, PEG access refers to the channels, facilities and equipment used in connection with the channels on the Subscriber network provided under Section 300 and associated interconnections; PEG use includes PEG access and institutional network use, including use in connection with the network provided pursuant to the agreements referenced in Section 301):

304.(a).(1). The Company will provide the following grant for PEG use for so long as it continues to operate under this franchise: 2.5% of Gross revenues paid quarterly based upon revenues for the calendar quarter. The first payment shall be due on April 15, 2016 based on Gross revenues measured from the effective date of the franchise through March 31, 2016, and thereafter, payments shall be due 45 days after the end of each calendar quarter, based on revenues for that quarter, or if the franchise should terminate or be revoked, 45 days after termination or revocation for any portion of quarter during which Company provided cable service. In no, event shall Company be required to pay a higher percentage of Gross revenues than any other franchised cable provider in the City. Company agrees that, pursuant to Section 405 (f) herein, City may use the PEG fee for any PEG capital and operational purposes as determined in City's sole discretion.

304.(b). Throughout the franchise term, playback for the PEG access channels must be configured so that the designated entities that are responsible for the access channels are able to use their own independent automated playback facilities, located at the premises of their (the designated entities) choice. Any master control that Company intends to use for its operations must be located outside the space occupied by a designated entity, unless the parties agree otherwise. The playback facility must be configured so as to permit the designated entity to program all access channels for which it is responsible for playback, on a live or taped basis. Company shall continue to have access to the designated entity's master control so that it can conduct necessary maintenance and repair upon reasonable notice or at any time in the event of emergencies. Each designated entity shall make available to Company, at no cost to Company, adequate rack space and power (standard electric service) to allow Company to locate any equipment necessary to facilitate the transmission of the access signals, at no cost to the designated entities or the City.

304.(c). Public access facilities.

304.(c).(1). Company shall be responsible for providing and maintaining the connections to any PEG playback facility designated by City, whether at 550 Vandalia Street, Unit 170 or other location and shall provide the equipment required by Section 300.

304.(d). Company shall provide the following promotional support for access:

304.(d).(1). Company will provide, at no cost to the City, air time on non-Access channels during periods in which ample unsold/unused air time on such channels exists for City public service announcements (PSAs). The City will provide a 30-second PSA prior to the start of each month on a mutually agreed-upon schedule.

304.(d).(2). Upon sixty (60) days' notice from the City, the Company shall twice annually, at the Company's sole cost and free of charge to the City or any designated entity, print and mail a post card for promoting the designated entity's service or generally promoting community programming, to households in the City subscribing to the Company's Cable Service. The post card shall be designed by the designated entity and shall conform to the Company's standards and policies for size and weight. Any post card denigrating the Company, its service or its programming is not permitted.

304.(e). The designated entity responsible for public access shall indemnify, keep and save the City and Company free and harmless from any or all claims (other than claims for which the Company may enjoy immunity under 47 U.S.C. Section 558) arising out of the designated entity's actions or omissions, or its PEG programming operations, to the extent the claims are not attributable to the acts or omissions or operations of the party seeking indemnification. Subject to the foregoing, in the event that suit shall be brought or recourse or damages sought against either the City or the Company, the designated entity shall defend and indemnify the City and/or the Company and pay any judgments or damages with all costs. The indemnity is conditioned on the party seeking indemnification tendering notice to the designated entity of any proceeding asserting claims for which it may seek indemnity within ten (10) days of the date the party seeking indemnification receives notice of such proceeding. The party seeking indemnification may participate by its own counsel in any action against it, but at its own expense. The City may require the designated entity to obtain liability or other insurance in the City's discretion.

304.(f). Payments made under this agreement by Company in one calendar year do not have to be spent in that calendar year. References to the designated entity include any successor to the designated entity. An entity that is a designated entity may only hold and use the resources, equipment, facility and funds provided for under the franchise for so long and to the extent it is a designated entity, and must transfer resources, equipment, facilities and funds to its successor upon request of the City.

304.(g). For any period or for any channel where there is no designated entity, the City, at its option and after notifying the Company in writing, the City shall act and enjoy all rights and responsibilities as if it were the designated entity.

(Ord 15-55, § 1, 11-12-15)