Common use of Channel Capacity and Use Clause in Contracts

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one (1) Downstream Channel for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 days after a written request for such use is submitted to the Franchising Authority, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character generated programming shall be included for purposes of this subsection. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 days after receipt by Grantee of such written notice. (C) High Definition (“HD”) Digital Access Channel. (1) Grantee shall continue to provide one (1) HD Access Channel, for which the Franchising Authority may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation of the HD Access Channel shall continue so long as the following conditions are satisfied: (a) The Franchising Authority or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum of five hours per day, five days per week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screen. (2) The Franchising Authority shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or 1080, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channel signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising Authority, Grantee shall verify signal delivery to Subscribers with the Franchising Authority, consistent with the requirements of this Section 10.3(C). (4) The HD Access Channel may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access Channel. The Franchising Authority shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. (D) There shall be no restriction on Grantee’s technology used to deploy and deliver HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority believes that Grantee fails to meet this standard, the Franchising Authority will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee As of the Effective Date, there are six (6) standard definition Access Channels in use by the City or its Designated Access Providers which shall make available remain in use subject to Franchising Authority one subsection 9.2 (1) Downstream Channel for PEG use as provided for in this SectionD). (B) Grantee shall have the right to temporarily use any Channel, Channel or portion thereof, thereof which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityCity, if such Channel is not "“fully utilized" ” as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsectionsubsection but may be counted towards the total average hours only with respect to two (2) Access Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, Channel or portion thereof, thereof in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. Notwithstanding the foregoing, the criteria for the number of hours that an Educational Access Channel must be programmed shall not apply during the summer months when school is not in session for four (4) of the Educational Access Channels. (C) High Standard Definition (“HDSD”) Digital Access ChannelChannels. (1) Grantee shall continue to provide one (1) HD Access Channel, for which the Franchising Authority may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation of the HD Access Channel shall continue so long as the following conditions are satisfied: (a) The Franchising Authority or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum of five hours per day, five days per week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screen. (2) The Franchising Authority shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or 1080, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channel signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising Authority, Grantee shall verify signal delivery to Subscribers with the Franchising Authority, consistent with the requirements of this Section 10.3(C). (4) The HD Access Channel may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. six (6) Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access Channel. The Franchising Authority shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. (D) There shall be no restriction on Grantee’s technology used to deploy and deliver HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority believes that Grantee fails to meet this standard, the Franchising Authority will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one Grantor up to five (15) Downstream Channel Channels for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 one hundred eighty (180) days after a written request for such use is submitted to the Franchising AuthorityGrantor, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to the Channels provided to Grantor. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority Grantor shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 one-hundred eighty (180) days after receipt by Grantee of such written notice. (C) Standard Definition (“SD”) Digital Access Channels. (1) Grantee shall provide the existing three (3) Activated Downstream Channel for PEG Access use in a standard definition (“SD”) digital format. Grantee shall carry all components of the SD Access Channel Signals provided by a Designated Access Provider including, but not limited to, closed captioning, stereo audio, and other elements associated with the Programming. A Designated Access Provider shall be responsible for providing the SD Access Channel Signal in an SD format to the demarcation point at the designated point of origination for the SD Access Channels. At such time as the HD Access Channels described in subsection (C) below are activated, the Designated Access Provider will provide only an HD Access Channel Signal in an HD format. At that time, Grantee will broadcast the HD signal on the HD Access Channels and also down-convert the HD signal for additional broadcast on the SD Access Channels. Grantee shall transport and distribute the SD Access Channels signal on its Cable System and shall not unreasonably discriminate against SD Access Channels with respect to accessibility and functionality, and not unreasonably discriminate as to the application of any applicable FCC Rules & Regulations. (2) With respect to signal quality, Grantee shall not be required to carry SD Access Channels in a higher quality format than that of the SD Access Channel signal delivered to Grantee, but Grantee shall distribute all SD Access Channel signals without degradation. Upon reasonable written request by a Designated Access Provider, Grantee shall verify signal delivery to Subscribers with the Designated Access Provider, consistent with the requirements of this subsection 9.2(C). (3) Grantee shall be responsible for costs associated with the transmission of SD Access signals on its side of the demarcation point, which for the purposes of this subsection 9.2 (C)(3), shall mean up to but not including the modulator where the Grantor signal is converted into a format to be transmitted over a fiber connection to Grantee. The Grantor or Designated Access Provider shall be responsible for costs associated with SD Access signal transmission on its side of the demarcation point. (4) SD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those Tiers of Cable Service, upon which SD Channels are made available. Grantee is not required to provide free SD equipment to Subscribers, nor modify its equipment or pricing policies in any manner. (D) High Definition (“HD”) Digital Access ChannelChannels. (1) After the return lines have been upgraded in accordance with Section 9.11 and within one hundred twenty (120) days’ written notice, Grantee shall continue to provide activate one (1) HD Access ChannelChannels, for which the Franchising Authority Grantor may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation After the first anniversary of the first HD Channel activation, and with at least one hundred twenty (120) days written notice to Grantee, Grantor may request, and Grantee shall provide on its Cable System, one (1) additional Activated Downstream Channel for PEG Access Channel shall continue so long as the following conditions are satisfied:use in HD”) digital format. (a) The Franchising Authority Grantor shall, in its written notice to Grantee as provided for in this Section, confirm that it or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the any newly activated HD Access Channel; and, (b) There will be a minimum of five (5) hours per per-day, five days per per- week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screenrequirement. (2) The Franchising Authority Grantor shall be responsible for providing the HD Access Channel signal signals in an HD digital format to the demarcation point at the designated point of origination for the HD Access ChannelChannels. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 720p or 10801080i, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channel signal signals on its Cable System and shall not unreasonably discriminate against the HD Access Channels with respect to accessibility, functionality functionality, and to the application of any applicable Federal Communications Commission FCC Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a the HD Access Channel Channels in a higher quality format than that of the HD Access Channel signal signals delivered to Grantee, but Grantee shall distribute the HD Access Channel signal signals without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising AuthorityGrantor, Grantee shall verify signal delivery to Subscribers with the Franchising AuthorityGrantor, consistent with the requirements of this Section 10.3(Csubsection 9.2(D). (4) The HD Access Channel Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers Tiers of Cable Service, upon which the HD channels Channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority Grantor or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) The Designated Access Provider shall be responsible for providing the Access Channel signals in an HD format to the demarcation point at the designated point of origination for each Access Channel. Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, provide all necessary transmission equipment from outside the demarcation point at the Designated Access Provider channel Channel origination point, at Grantee’s headend its Headend and through Grantee’s throughout its distribution system, in order system to deliver the Access Channel(s) in the HD format to Subscribers. (E) Grantee shall simultaneously carry the two (2) HD Access Channel. The Franchising Authority shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees Channels provided for in this FranchiseSection 9.2(D) in high definition format on the Cable System, in addition to simultaneously carrying in standard definition format the SD Access Channels provided pursuant to Subsection 9.2(C). (DF) There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority Grantor believes that Grantee fails to meet this standard, the Franchising Authority Grantor will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one City three (13) Downstream Channel Channels for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityCity, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two t wo times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to three (3) Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. (C) High Standard Definition (“HDSD”) Digital Access ChannelChannels. (1) Grantee shall continue to provide one (1) HD Access Channel, for which the Franchising Authority may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation of the HD Access Channel shall continue so long as the following conditions are satisfied: (a) The Franchising Authority or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum of five hours per day, five days per week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screen. (2) The Franchising Authority shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or 1080, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. three (3) Grantee shall transport and distribute the HD Access Channel signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising Authority, Grantee shall verify signal delivery to Subscribers with the Franchising Authority, consistent with the requirements of this Section 10.3(C). (4) The HD Access Channel may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access Channel. The Franchising Authority shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. (D) There shall be no restriction on Grantee’s technology used to deploy and deliver HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority believes that Grantee fails to meet this standard, the Franchising Authority will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one City up to seven (17) Downstream Channel Channels for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityCity, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to two (2) Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. (C) Standard Definition (“SD”) Digital Access Channels. (1) Grantee shall provide five (5) Activated Downstream Channels for PEG Access use in a standard definition (“SD”) digital format in Grantee’s Basic Service (“SD Access Channel”), one each for the Poudre School District, Colorado State University, and Public Access, and two for the City of Fort Xxxxxxx. Grantee shall carry all components of the SD Access Channel Signals provided by a Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. A Designated Access Provider shall be responsible for providing the SD Access Channel Signal in an SD format to the demarcation point at the designated point of origination for the SD Access Channel. Grantee shall transport and distribute the SD Access Channel signal on its Cable System and shall not unreasonably discriminate against SD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. (2) With respect to signal quality, Grantee shall not be required to carry a SD Access Channel in a higher quality format than that of the SD Access Channel signal delivered to Grantee, but Grantee shall distribute the SD Access Channel signal without degradation. Upon reasonable written request by a Designated Access Provider, Grantee shall verify signal delivery to Subscribers with the Designated Access Provider, consistent with the requirements of this Section 9.2(C). (3) Grantee shall be responsible for costs associated with the transmission of SD Access signals on its side of the demarcation point which for the purposes of this Section 9.2 (C)(3), shall mean up to and including the modulator where the City signal is converted into a format to be transmitted over a fiber connection to Grantee. The City or Designated Access Provider shall be responsible for costs associated with SD Access signal transmission on its side of the demarcation point. (4) SD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which SD channels are made available. Grantee is not required to provide free SD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (D) High Definition (“HD”) Digital Access ChannelChannels. (1) After the Effective Date and with at least one hundred twenty (120) days written notice, Grantee shall continue to provide activate one (1) HD Access Channel, for which the Franchising Authority City may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation After the first anniversary of the Effective Date, and with at least 120 day written notice to Grantee, the City may request, and Grantee shall provide on its Cable System, one (1) additional Activated Downstream Channel for PEG Access use in a High Definition (“HD”) digital format (“HD Access Channel or Channels”). Activation of such HD Access Channels shall continue so long as only occur after the following conditions are satisfied: (a) The Franchising Authority City shall, in its written notice to Grantee as provided for in this Section, confirm that it or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access ChannelChannel(s); and, (b) There will be a minimum of five (5) hours per per-day, five days per per-week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screen. (2) The Franchising Authority City shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access ChannelChannels. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 720p or 10801080i, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channel Channels signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a an HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising AuthorityCity, Grantee shall verify signal delivery to Subscribers with the Franchising AuthorityCity, consistent with the requirements of this Section 10.3(C9.2(D). (4) The HD Access Channel Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority City or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the Franchising Authority City to procure and provide, at the Franchising AuthorityCity’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access ChannelChannels. The Franchising Authority City shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority City and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. (DE) Grantee shall simultaneously carry the two (2) HD Access Channels provided for in Section 9.2(D) in high definition format on the Cable System, in addition to simultaneously carrying in standard definition format the SD Access Channels provided pursuant to Subsection 9.2(C). (F) There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority City believes that Grantee fails to meet this standard, the Franchising Authority City will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one City three (13) Downstream Channel Channels for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityCity, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to three (3) Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. (C) High Standard Definition (“HDSD”) Digital Access ChannelChannels. (1) Grantee shall continue to provide one (1) HD Access Channel, for which the Franchising Authority may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation of the HD Access Channel shall continue so long as the following conditions are satisfied: (a) The Franchising Authority or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum of five hours per day, five days per week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screen. (2) The Franchising Authority shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or 1080, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. three (3) Grantee shall transport and distribute the HD Access Channel signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising Authority, Grantee shall verify signal delivery to Subscribers with the Franchising Authority, consistent with the requirements of this Section 10.3(C). (4) The HD Access Channel may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access Channel. The Franchising Authority shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. (D) There shall be no restriction on Grantee’s technology used to deploy and deliver HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority believes that Grantee fails to meet this standard, the Franchising Authority will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one City eight (1) 8) Downstream Channel Channels for PEG Access use as provided for in this Section. As of the Effective Date, there are seven (7) standard definition Access Channels in use by the City or its Designated Access Providers, which shall remain in use until the City and Grantee active the High Definition Access Channels as set forth in subsections 9.2 (D) and (E). (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityCity, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to two (2) Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof thereof, shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. (C) High Standard Definition (“HDSD”) Digital Access ChannelChannels. (1) Grantee shall continue to provide one five (15) HD Activated Downstream Channels for PEG Access use in a standard definition (“SD”) digital format in Grantee’s Basic Service (“SD Access Channel, for which ”). Grantee shall carry all components of the Franchising Authority may provide SD Access Channel signals Signals provided by a Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. A Designated Access Provider shall be responsible for providing the SD Access Channel Signal in HD an SD format to the demarcation point at the designated point of origination for the SD Access Channel. Activation of the HD Access Channel shall continue so long as the following conditions are satisfied: (a) The Franchising Authority or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum of five hours per day, five days per week of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screen. (2) The Franchising Authority shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or 1080, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD SD Access Channel signal on its Cable System and shall not unreasonably discriminate against HD SD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. . (2) With respect to signal quality, Grantee shall not be required to carry a HD SD Access Channel in a higher quality format than that of the HD SD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD SD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising Authoritya Designated Access Provider, Grantee shall verify signal delivery to Subscribers with the Franchising AuthorityDesignated Access Provider, consistent with the requirements of this Section 10.3(C9.2(C). (3) Grantee shall be responsible for costs associated with the transmission of SD Access signals on its side of the demarcation point which for the purposes of this Section 9.2 (C)(3), shall mean up to and including the modulator where the City signal is converted into a format to be transmitted over a fiber connection to Grantee. The City or Designated Access Provider shall be responsible for costs associated with SD Access signal transmission on its side of the demarcation point. (4) The HD SD Access Channel Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD SD channels are made available. Grantee is not required to provide free HD SD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5D) The Franchising Authority or any Designated High Definition (“HD”) Digital Access Provider is responsible for acquiring all equipment necessary to produce programming in HDChannels. (61) Within one hundred twenty (120) days of the Effective Date, Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the activate one (1) HD Access Channel. The Franchising Authority shall be responsible , for which the City may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the costs of all transmission equipment, including HD modulator and demodulatorAccess Channel. After the Effective Date, and encoder or decoder equipmentwith at least 120 day written notice to Grantee, the City may request, and multiplex equipmentGrantee shall provide on its Cable System, required up to two (2) additional Activated Downstream Channels for PEG Access use in order for Grantee to receive and distribute the a High Definition (“HD”) digital format (“HD Access Channel signalor Channels”). Activation of such additional HD Access Channels shall only occur after the following conditions are satisfied: (a) The City shall, or for the cost of any resulting upgrades in its written notice to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise.Section, confirm that it or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel(s); and (Db) There shall will be no restriction on Grantee’s technology used to deploy and deliver a minimum of five (5) hours per-day, five days per-week of HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement PEG programming available for each HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority believes that Grantee fails to meet this standard, the Franchising Authority will notify Grantee of such concern, and Grantee will respond to any complaints in a timely mannerAccess Channel.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one the Grantor up to five (15) Downstream Channel Channels for PEG EG use as provided for in this Section. Subject to a change of Applicable Law that may occur during the Term of this Franchise, this requirement regarding the provision of Access Channels or the calculation and payment of Franchise Fees, shall be addressed pursuant to subsection 3.11 of this Franchise. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, Educational or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityGrantor, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 thirty-eight (38) hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two (2) times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, with respect to the five (5) Channels provided to Grantor. If a Channel allocated for Public, Educational, Educational or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority Grantor shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. (C) Standard Definition (“SD”) Digital Access Channels. (1) Grantee shall provide three (3) Activated Downstream Channels for EG Access use in a standard definition (“SD”) digital format. Grantee shall carry all components of the SD Access Channel Signals provided by a Designated Access Provider including, but not limited to, closed captioning, stereo audio, and other elements associated with the Programming. A Designated Access Provider shall be responsible for providing the SD Access Channel Signal in an SD format to the demarcation point. Grantee shall transport and distribute the SD Access Channels signal on its Cable System and shall not unreasonably discriminate against SD Access Channels with respect to accessibility and functionality, and to the application of any applicable FCC Rules & Regulations, including, without limitation, Subpart K Channel signal standards. (2) With respect to signal quality, Grantee shall not be required to carry a SD Access Channel in a higher quality format than that of the SD Access Channel signal delivered to Grantee, but Grantee shall distribute the SD Access Channel signal without degradation. Upon reasonable written request by a Designated Access Provider, Grantee shall verify signal delivery to Subscribers with the Designated Access Provider, consistent with the requirements of subsection 9.2(C). (3) Grantee shall be responsible for costs associated with the transmission of SD Access signals on its side of the demarcation point which, for the purposes of this subsection 9.2(C)(3), shall mean up to and including the receiver where the Grantor signal is transmitted over a fiber connection to Grantee. The Grantor or Designated Access Provider shall be responsible for costs associated with SD Access signal transmission on its side of the demarcation point. (4) SD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which SD channels are made available. Grantee is not required to provide free SD equipment to Subscribers, nor modify its equipment or pricing policies in any manner. (D) High Definition (“HD”) Digital Access ChannelChannels. (1) After the Effective Date and within one hundred twenty (120) days’ written notice, Grantee shall continue to provide one activate two (12) HD Access ChannelChannels, for which the Franchising Authority Grantor may provide Access Channel signals in HD format to the demarcation point point. After the fourth (4th) anniversary of the Effective date, and with at least one hundred twenty (120) day written notice to Grantee, the designated point of origination Grantor may request, and Grantee shall provide on its Cable System, one (1) additional Activated Downstream Channel for the EG Access Channeluse in a High Definition (“HD”) digital format (“HD Access Channel or Channels”). Activation of the such HD Access Channel Channels shall continue so long as only occur after the following conditions are satisfied: (a) The Franchising Authority Grantor shall, in its written notice to Grantee as provided for in this Section, confirm that it or its Designated Access Provider has the capabilities to produce, has been producing producing, and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum of five (5) hours per per-day, five (5) days per per-week of HD PEG EG programming available for each the HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement requirement, unless the character-character generated programming is included on includes a channel that also contains HD PEG video programming on the same screenwindow with EG full motion video/audio content playing. (2) The Franchising Authority Grantor shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access ChannelChannel(s). For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or 1080720p or1080i, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-non- movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channel signal on its Cable System and shall not unreasonably discriminate against the HD Access Channels Channel(s) with respect to accessibility, functionality functionality, and to the application of any applicable Federal Communications Commission Rules & Regulations, including including, without limitation limitation, Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a the HD Access Channel Channel(s) in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals signal provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio audio, and other elements associated with the Programming. Upon reasonable written request by the Franchising AuthorityGrantor, Grantee shall verify signal delivery to Subscribers with the Franchising AuthorityGrantor, consistent with the requirements of this Section 10.3(Csubsection 9.2(D). (4) The HD Access Channel Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which the HD channels Channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority Grantor or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the Franchising Authority to procure and provide, at the Franchising Authority’s cost, all necessary transmission equipment from the The Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access Channel. The Franchising Authority shall be responsible for providing the costs Access Channel signals in an HD format to the demarcation point. Grantee shall provide all necessary equipment on its side of the demarcation point, at its Headend and throughout its distribution system to deliver the Access Channel(s) in the HD format to Subscribers. (7) At such time as Grantee determines that all transmission equipmentChannels on the Cable System shall be delivered only in an HD format, including with respect to any Access Channels simulcast in SD and HD, there shall be no further obligations to provide those Access Channels in SD. For any Access Channel that may at such time only be in SD, Grantee shall provide an additional Channel in HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order that the content may continue to be available on the Cable System. (E) Grantee shall simultaneously carry the first two (2) HD Access Channels provided for Grantee in subsection 9.2(D) in high definition format on the Cable System, in addition to receive and distribute simultaneously carrying in standard definition format the three (3) SD Access Channels provided pursuant to subsection 9.2(C). At such time as the third HD Access Channel signalis activated pursuant to subsection 9.2(D), or for Grantee shall be required to only simulcast two (2) of the cost of any resulting upgrades SD Access Channels in addition to the video return line. The Franchising Authority and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchisethree (3) HD Access Channels. (DF) There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel EG channel(s) in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority Grantor believes that Grantee fails to meet this standard, the Franchising Authority Grantor will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.

Channel Capacity and Use. (A) Grantee shall make available to Franchising Authority one the City six (16) Downstream Channel Channels for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within 60 sixty (60) days after a written request for such use is submitted to the Franchising AuthorityCity, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six-six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to two (2) Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. The Franchising Authority City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within 60 sixty (60) days after receipt by Grantee of such written notice. (C) High Definition (“HD”) Digital Access ChannelChannels. (1) Grantee shall continue to provide one (1) HD Access Channel, for which the Franchising Authority may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. Activation Each of the six (6) Downstream Channels for PEG Access use shall be in a High Definition (“HD”) digital format (“HD Access Channel shall continue so long or Channels”), and provided as the following conditions are satisfied: (a) The Franchising Authority or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, (b) There will be a minimum part of five hours per day, five days per week Grantee’s Basic tier of HD PEG programming available for each HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement unless the character-generated programming is included on a channel that also contains HD PEG video programming on the same screenservice. (2) The Franchising Authority City shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720 or at least 1080, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie commercial programming channels on the Cable System, whichever is greater. (3) Grantee shall shall, at no cost to the City, transport and distribute the HD Access Channel signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the Franchising AuthorityCity, Grantee shall verify signal delivery to Subscribers with the Franchising AuthorityCity, consistent with the requirements of this Section 10.3(C9.2(C). (4) The HD Access Channel Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The Franchising Authority City or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the Franchising Authority City to procure and provide, at the Franchising AuthorityCity’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access ChannelChannels. The Franchising Authority City shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The Franchising Authority City and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. (D) There shall be no restriction on Grantee’s technology used to deploy and deliver HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the Franchising Authority City believes that Grantee fails to meet this standard, the Franchising Authority City will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner.