(A) Upon completion of the upgrade, the grantee shall provide to the city one activated downstream access channel on the cable system which the city may elect to use, in whole or part, for non-commercial, educational and/or governmental access use to provide video programming. Once the access channel initially provided is "sufficiently utilized", the grantee will activate one additional access channel. For the purposes of this section, "sufficiently utilized" will be deemed to exist when the access channel initially provided by the grantee carries nonduplicated locally produced access programming, none of which is character generated, continuously during the hours of 2:00 p.m and 10:00 p.m. for a period of 90 consecutive days. As each access channel provided to the city becomes "sufficiently utilized", the grantee will activate one additional access channel up to a maximum of three access channels.
 
(B) If any unused time (follow time) exists on any access channel and the grantee or any affiliate of the grantee desires to distribute any service over such channel during such unused time, the grantee shall so notify the city in writing. An access channel, or access channel time, shall be deemed unused only if such channel or time has not been used for the purposes described in division (A) during the 30-day period immediately preceding the date of the notice described in the foregoing sentence. The grantee's notice to the city shall describe the grantee's or its affiliate's plans for use of the access channel. The grantee or its affiliate may commence the distribution of the planned service over the access channels) at the end of the thirtieth day after receipt of such notice, unless the city authorizes a shorter period or unless, within such 30-day period, the city notifies the grantee in writing, that the city does not consent to the planned use of the access channel(s) because they are being used for the purposes described in division (A). In the event that the grantee or its affiliate is using an access channel or any access channel time pursuant to this section, the grantee or its affiliate shall relinquish such promptly, but in no event later than 90 days following the city's written request for same.

(C) The channels designated for PEG access purposes shall be available for PEG access programming on a 24-hour basis subject to the provisions of this section. Neither the grantee, the government, nor any access corporation shall engage in any program censorship or other control of the content of the access programming on the cable system, except as otherwise permitted or required by law.

(D) Grantee shall provide without charge to the city, the assistance, advice and technical aid necessary to provide maximum utilization of the governmental and educational channels.

(E) Upon completion of the upgrade, the grantee shall provide a dedicated, bi-directional fiber-optic link between the city's studio to be located at city hall and the cable system.

(F) In addition to the franchise fee, the grantee shall provide capital funding for access equipment and facilities necessary to support utilization of public access channel(s). Capital funding shall be provided in the following amounts:

(1) Within 30 days after the initial grant of a franchise hereunder, $ 9,000.

(2) Within one year after the initial grant of a franchise hereunder, $4,500.

(3) Within two years after the initial grant of a franchise hereunder, $ 4,500.

(4) Total capital funding during the duration of this franchise, $18,000.

(5) To the extent consistent with federal law and regulations, grantee agrees that payments made pursuant to this division shall not be treated as franchise fees.
(Ord. 940.7A, passed - - )  Penalty, see § 116.99

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