SECTION 6 SUPPORT FOR EDUCATIONAL AND GOVERNMENTAL (PEG) CABLE ACCESS
6.1 PEG Access Channels
(a) Within ninety (90) days of the effective date of this Agreement, Comcast shall make four (4) video channels available for Public, Educational and Governmental (PEG) Access use to be programmed at the discretion of the City, Nevada County and Nevada City. In the event Comcast converts all channels to digital, the four (4) video channels provided for herein shall convert to four (4) digital channels. At such time as Comcast converts to a complete digital channel line up, the Jurisdictions may request an additional two (2) digital channels. Comcast shall provide the additional two (2) digital channel within one hundred twenty (120) days advance written notice from the
Jurisdictions. Under no circumstances shall there be more than six (6) PEG access channels total. All channels made available for PEG Access use under this Agreement shall be for the joint or shared use of the City, Nevada County and Nevada City (sometimes collectively referred to herein as “Jurisdictions”) and any duly authorized designee. Nothing herein shall be deemed or construed as requiring Comcast to provide separate channels for PEG access use to any of the jurisdictions above and any duly authorized designee. The Jurisdictions may among themselves enter into a joint use agreement and designate an authorized designee for the administration, management, and operation of PEG Access channels and facilities and equipment.
(1) Use of channels for PEG access shall be provided on the most basic tier of service, or functional equivalent offered by Comcast in accordance with the Cable Act, Section 611.
(2) Comcast does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG Access uses, subject only to the Jurisdictions’ use as provided under this Agreement. A PEG access user, whether an individual, educational or governmental user, acquires no property or other interest by virtue of the use of a channel so designated, and may not rely on the continued use of a particular channel number, no matter how long the same channel may have been designated for such use.
(3) Comcast shall not exercise editorial control over any public, educational, or governmental use of PEG Access channel. The Jurisdictions shall be responsible for
developing, implementing, interpreting and enforcing rules for PEG Access Channel use.
(4) Comcast’s Use of Fallow Time. In the event the
Jurisdictions or other PEG access user elects not to fully
program its Channel(s), thereby leaving a channel(s) completely unused or dark for a period of time during the day, Comcast may program this unused time on those channels subject to 60 days written notice to the Jurisdictions of Comcast’s intent to do so. If within 60 days, the Jurisdictions do not program the unused time, Comcast may use such time. The Jurisdictions may reclaim the unused time by providing Comcast with no less than 60 days advance written notice.
(b) The Jurisdictions shall indemnify Comcast for any liability, loss, or damage it may suffer due to violation of the intellectual property rights of third parties on any PEG channel, and from claims arising out of the City’s or Jurisdictions’ rules for administration of access.
6.2 PEG Origination Points
(a) Within six (6) months after the Jurisdictions’ written request, but not prior to February 1, 2007, Comcast shall provide, at the Jurisdictions’ cost, live origination links from the locations listed below to the control site for PEG access programming designated by the Jurisdictions or other configuration as agreed to by the Jurisdictions and Comcast. The origination sites are:
(1) County Eric Rood Administration Center, 950 Maidu Ave, Nevada City;
(2) Grass Valley City Hall, 125 E. Main Street, Grass Valley;
(3) County Office of Education, 112 Nevada City Highway, Nevada City;
(4) Nevada Union High School, 11761 Ridge Rd., Grass Valley;
(5) Imaginarium, 112 Nevada City Highway, Nevada City;
(6) Nevada City Hall, 317 Broad Street, Nevada City.
The purpose of these connections is to permit live cablecasting of video and audio programming from those locations on Comcast's Cable System within the Jurisdictions’ franchise areas with Comcast. Each link shall consist of at least one pair (2 strands) of fiber optic cable providing bi-directional communications to or between each of the locations. Each Jurisdiction is responsible for all construction to a jointly agreed upon demarcation location at each location.
(b) The Jurisdictions may request additional connections to public facilities within the Jurisdictions’ franchise areas with Comcast, at the Jurisdictions’
expense. The Jurisdictions request shall be made in writing and provide Comcast with at least 180 days to provide the connections. Costs for additional connections are the Jurisdictions’ responsibility and shall be charged on an actual cost basis for labor and materials by Comcast and shall be paid by the Jurisdictions within thirty (30) days of receipt of an invoice by Comcast. Comcast shall not be obligated to commence construction until the Jurisdictions have agreed, in writing, to pay for the construction.
6.3 PEG Funding
It is understood that the Jurisdictions shall jointly fund the operations of Public, Education and Government programming efforts in their respective areas.
Comcast shall make the following payments to and as directed by the City.
(a) Within sixty (60) days of the effective date of this Franchise Agreement, Comcast agrees to pay $0.60 (sixty cents) per month per residential
subscriber each quarter for the purpose of funding PEG capital – facilities and equipment.
The City shall allocate such funding to PEG capital uses exclusively. All such payments shall be made at the same time as Comcast pays the franchise fee to the City.
Deleted: collect and
(b) Within one hundred eighty (180) days of the end of the City’s fiscal year, the City shall provide Comcast with an annual report signed by the City Administrator or designee documenting the use of the previous year’s PEG capital funding and showing the budgeted use of the current year’s PEG capital funding to ensure PEG capital funding was used for capital expenses only. Comcast shall have the right to audit the City’s PEG capital fund not more than once for any three (3) year Franchise period.
In the event the City cannot demonstrate that PEG capital funding was used for PEG Capital needs, Comcast’s PEG capital payments including any matching grants going forward shall be reduced an equivalent amount or future franchise fees payable to the City shall be reduced by an equivalent amount or the City pays to Comcast within thirty (30) days the amount of funding which was not used for PEG capital, all at Comcast’s option. In event the City pays Comcast, the amount paid to Comcast shall be credited back to then current Customers.
(c) Nothing herein shall be construed to limit or restrict Comcast’s right or ability to recover or pass through to its Customers the PEG capital support amounts paid to the City as set forth in paragraph (a) above.
6.4 Title to PEG Access Equipment
The City or Jurisdictions shall have title to all PEG Access equipment procured with funding made available in accordance with this Section.
6.5 Local Technical Support for PEG Access Office
Comcast shall provide to the Jurisdictions, or their designated PEG Access management entity, on an annual basis, the name and phone number of Comcast’s local representative to provide technical assistance to the City’s designated PEG Access entity.
The City acknowledges that technical support for PEG Access programming is limited to
the transport of access programming on Comcast’s cable system within the Franchise Area and not for programming or other purposes.
6.6 Promotion
Comcast agrees to provide to the City, throughout the term of this
Agreement, information to print and electronic program guides for PEG Access channels.
The City acknowledges that certain costs may be involved in having the PEG access channels described on such program guides and that such costs shall be the responsibility of the City. The City shall be responsible for providing timely updates of the program listings to the appropriate provider.
6.7 Relocation of PEG Access Channels
Comcast shall provide the City with at least sixty (60) days advance written notice of the relocation of any PEG Access Channels where such relocation is within Comcast’s control.
(a) Compliance with Federal Law. Comcast reserves all rights under federal law to pass through to subscribers any costs incurred in compliance with this Agreement to the extent allowable under Federal law.
SECTION 7 INSTITUTIONAL NETWORK