§ 4.1-8. Channels and facilities for public, educational and governmental use.

(a)

PEG access channels and programming.

(1)

PEG channels. .....The cable operator shall provide one channel on the system for use by the county for noncommercial public, educational and governmental ("PEG") access programming use. The PEG channel will be placed on the limited basic cable service tier furnished to all subscribers of any cable service. The county or its designee shall assume responsibility for management, operation, and programming of such channels subject to applicable federal and state law.

(2)

Additional PEG channels. .....If the county substantially utilizes its initial public, educational, and governmental access channel provided in section 4.1-8(a)(1), it may by ordinance, after a public hearing to ascertain community need, and by notice to the cable operator as set forth in subsection 4.1-15(j), require one additional public, educational, and governmental access channel. Such additional PEG channel shall be placed on the limited basic cable service with a channel designation number close to the channel number designated for the PEG channel described in the above subsection 4.1-8(a)(l), if channel capacity at such designated location is available. Otherwise, cable operator will inform county of options for location of the then two channels for approval by county. For purposes of this subdivision, a public, educational, and governmental access channel, PEG channel, shall be considered to be "substantially utilized" when its content consists of locally produced, non-duplicative, non-automated (or character-generated) programming on a continuous basis for at least six consecutive weeks exceeding an average of seventy percent of all viewable hours. Any such ordinance must apply equally to all providers of cable service and/or video service providers within the franchise area.

The additional public, educational, and governmental access channel provided pursuant to such an ordinance that is not substantially utilized by the county, as defined in this paragraph, shall no longer be made available to the county, but may be programmed at the cable operator's discretion. At such time as the county can provide written certification to the cable operator of a schedule that meets the "substantially utilized" definition, the cable operator shall restore the previously re-allocated channel.

(3)

Interconnection.

(A)

Cable operator shall use reasonable efforts to interconnect its system with all existing and future cable service franchisees or, at its option, directly with the PEG programming provider in compliance with applicable law. Cable operator shall negotiate in good faith with such franchisees respecting reasonable, mutually convenient, cost-effective, and technically viable interconnection points, methods, terms and conditions. The cable operator and such other franchisees shall negotiate the precise terms and conditions of an interconnection agreement.

(b)

Service to certain facilities.

(1)

Upon the request of the county, by written notice to the cable operator as required in subsection 4.1-15(j), and subject to the conditions in subsection 4.1-8(b)(2), the cable operator shall provide, without charge, for connection or service, one complimentary connection activated for limited basic cable service to a location within the cable operator's franchise area in addition to existing locations with complimentary connections of limited basic cable service as of the effective date of this ordinance. A list of locations served in compliance with this section is set forth in exhibit B. An additional location requested by the county to be served may be added to the list of locations included in exhibit B when such additional location is completed and located within an area served by the cable operator. Any cable services or other services requested by county in addition to limited basic cable service and equipment required for such additional services will be charged at prevailing chapter retail fees, including appropriate fees and taxes. Service to an additional location will be made available within five to seven calendar days after receipt by the cable operator of notice from the county requesting service.

(2)

The cable operator shall be required to make one standard installation at one point reasonably convenient to use at each site specified by the county pursuant to this subsection 4.1-8(b) and shall not be required to wire the entire facility or to provide more than one outlet at no cost.

(3)

The limited basic cable service provided pursuant to subsection 4.1-8(b)(1) shall not be used for commercial purposes and such outlets shall not be located in areas open to the public. The county shall take reasonable precautions to prevent any inappropriate use of the system that results in loss or damage to the cable operator. The cable operator shall not be required to provide an outlet, as required by subsection 4.1-8(b)(1), if a standard drop of more than one hundred twenty-five feet is required, unless the county or building owner/occupant agrees to pay in advance the incremental cost of any necessary extension or installation.

(c)

PEG capital fee.

(1)

Cable operator shall pay county a quarterly recurring PEG capital fee to reimburse county for capital costs it incurs for the purchase of PEG access equipment, facilities and for other lawful purposes. This amount shall be not less than twenty-five cents per basic customer per month during the term of the franchise. The initial PEG capital fee payment shall be made no later than sixty days from the effective date of the franchise, and thereafter on a calendar quarter basis no later than forty-five days after the end of the calendar quarter.

(2)

The county will be responsible for installing, operating, maintaining, and replacing all PEG related equipment purchased. As provided under federal law, PEG capital fee funds shall not be used for operating costs. The county shall provide to Charter copies of invoices of capital purchases no later than thirty days after the county's receipt of the invoice. Said copy of the invoice shall be provided to Charter in the manner specified in subsection 4.1-15(j).

(d)

Payments not communications sales and use tax. .....Any complimentary connections and services pursuant to subsection 4.1-8(b) and the PEG capital fee paid by the cable operator associated with the provision of support for PEG access pursuant to this section and any payments made to the county pursuant to section 4.1-10 of this ordinance do not constitute and are not part of a communications sales and use tax payment. (Ord. No. 2011-22-C, 11-15-11.)