Ordinance - #16-14 - 12/13/2016 - Laserfiche WebLink

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(30) days of the end of each of the Grantee's fiscal quarters together with a report showing the basis for the computation. The Commission shall have the right to require further supporting information for each payment. All amounts paid under this paragraph shall be subject to audit and recomputation by the Commission in accordance with the rights provided to the City pursuant to Section 8.3 of this Franchise. In the event the PEG Fee amount or structure paid by the incumbent cable provider to the City or Commission is modified during the term of this Franchise, then the City shall so notify the Grantee of any such change and the parties will meet to determine if the Grantee's PEG Fee structure should be modified to ensure that Grantee's PEG Fee payment obligations hereunder do not exceed those of the incumbent cable provider. 6.2.2 The Grantee and the City agree comply with any federal or State statutory change that entirely eliminates the Grantee's obligation to pay a franchise fee. 6.2.3 The Grantee acknowledges that the franchise held by the incumbent franchised cable provider within the Franchise Area includes obligations for an Institutional Network for the benefit of the City and other institutions and to facilitate PEG uses of the I-Net. The parties acknowledge that the public interest would not be served by duplicating existing I-Net facilities or services provided under other franchises. Grantee agrees that if any other cable operator franchised within the Franchise Area provides additional I-Net facilities or services which results in additional costs incurred by such other franchised cable operator, the Grantee shall meet with the Commission upon request of the Commission to determine a fair and equitable contribution of I- Net facilities by the Grantee to proportionately match said I-Net obligations. If the City and Grantee are not able to reach mutual agreement to resolve this issue, the Grantee and the City agree to enter into a binding mediation to determine a fair and equitable contribution by the Grantee to proportionately match (on a per month,per subscriber basis) said I-Net obligations. 6.3 Regional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage to the extent required by State law. 6.4 Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 6.5 Universal Service Tier. The Grantee shall not have a Universal PEG Tier obligation until the first date by which Grantee is providing Cable Service to more than fifty percent (50%) of all subscribers receiving facilities based Cable Service from both the Grantee and any other provider(s) of Cable Service within the City. At that time, the City, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe required to comply with the requirements of this Section 6.5. 29 489232v1 RJV QU2I0-6