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

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6.6 Costs and Payments not Franchise Fees. The parties agree that any costs to the Grantee associated with the provision of support for PEG access pursuant too Section 6 of this Franchise does not constitute and is not part of a franchise fee and falls within one or more of the exceptions to 47 U.S.C. § 542. SECTION 7. ACCESS CHANNEL DISTRIBUTION 7.1 PEG Programming Connectivity. Grantee acknowledges that the City has acquired Institutional Network (I-Net) capacity, facilities, interconnection, services and resources from the incumbent franchised cable provider to, among other things, facilitate institutions' deliver of PEG programming to the Commission's master control facility. The I-Net capacity the City has acquired includes dedicated fiber capacity, facilities, interconnection, services and resources. Grantee shall provide additional connectivity for such PEG access programming purposes as provided herein, provided that the parties acknowledge that the public interest would not be served by duplicating existing I-Net facilities or services already provided under the incumbent's franchise. To the extent required for delivery of PEG programming due to elimination of I-Net capacity provided by the incumbent provider, Grantee shall provide and maintain, free of charge and without fees or costs imposed, a direct fiber connection from an agreed upon demarcation point at City Hall to the agreed upon demarcation point at the Commissions master control or Grantee's headend within 180 days of the City's written request. 7.2 Subscriber Network Drops to Designated Buildings. 7.2.1 Grantee shall provide, free of charge, installation and activation of one (1) subscriber network Drop, and one (1) outlet to the Commission's office. Grantee shall make best efforts to provide within a reasonable period time, taking market based success and Grantee's System expansion and Service activation progress into consideration, free of charge, one (1) subscriber network Drop, and one (1) cable outlet to City Hall. In addition, Grantee shall provide the foregoing free service and facilities to the institutions identified and designated for such facilities in Exhibit A, which is attached hereto and made a part hereof, provided such locations are Qualified Living Units and not receiving similar service from another provider. 7.2.2 The Grantee shall provide Basic Cable Service free of charge to institutions as provided in Section 7.2.1, provided, however, that the City or Commission may disconnect the other provider and require Grantee to meet the obligations herein if the location is a Qualified Living Unit. Grantee shall provide up to three (3) Set Top Boxes per institution free of charge and may charge for additional Set Top Boxes provided, however, that Grantee will provide an additional five (5) Set Top Boxes to serve additional outlets at institutional locations at the Commission or 30 489232v1 RJV QU210-