Access Channel Support Clause Samples

Access Channel Support. (a) Upon the Effective Date of this Franchise, Grantee shall collect and remit to the Grantor one dollar and forty-three cents ($1.43) per Subscriber per month until the Franchise renews to be used by Grantor for operational or capital support of programming as determined in the Grantor’s sole discretion (the “PEG Fee”). (b) Upon sixty (60) Days’ written notice to Grantee, Grantor may elect to unilaterally change the PEG Fee to a different amount per Subscriber per month or change the format to a percentage of Gross Revenues, in an amount determined by the Grantor in its sole discretion. In no event shall the PEG Fee be assessed in an amount different from that imposed upon the existing franchised cable communications provider. In the event that the existing franchised cable communications provider agrees to a higher, or lower, PEG Fee, Grantee will increase or decrease, its PEG Fee upon sixty (60) Days’ written notice from the Grantor. (c) The PEG Fee is not intended to represent part of the Franchise Fee and is intended to fall within one or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. § 542 or other Applicable Laws. Grantee shall pay the PEG Fee to the Grantor quarterly at the same time as the payment of Franchise Fees under Section 17 of this Franchise. Grantee agrees that it will not offset or reduce its payment of Franchise Fees required as a result of its obligation to remit the PEG Fee. (d) Any PEG Fees owing pursuant to this Franchise which remain unpaid more than twenty-five (25) Days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal on the day the payment was due, whichever is greater. (e) If the incumbent franchised cable operator agrees to provide any support of the Access Channels in excess of the amount identified above or to any payment in support of any other PEG-related commitment after the Effective Date of this Franchise, the Grantor, in its reasonable discretion, after meeting with the Grantee, will determine whether ▇▇▇▇▇▇▇’s PEG Fee should be changed. If Grantee is required to pay any additional PEG Fee, such amount must be based upon a per Subscriber/per month fee.