EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall make available to the Township the use of one (1) Governmental (“EG”) Access Channel in accordance with Section 611 of the Cable Act. Such EG Channel shall be used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s), and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel so that they may be received by all Comcast Subscribers in the Township. (b) To enable the Township to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the Township. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Township. (c) Comcast shall be responsible for maintaining the Return Line(s) to the origination site(s) of the EG Channel(s) so long as the Township provides Comcast with access to such location and access to the EG Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer. (d) Any expenditure made in connection with the construction of the Return Line shall be at the expense of the Township. The Township and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law. (e) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township and Comcast agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory. (f) Within one hundred eighty (180) days of a written request by the Township, Comcast shall, at the Township’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities. (g) In the event the Township or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the Township. If the Township approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental use. (h) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall continue to make available to the Township the use of one (1) Educational (Pennsbury School District) and Governmental (Tullytown Borough) Access Channel (“EG”) Access Channel in accordance with Section 611 of the Cable Act. Such EG Channel shall be used for community programming related to educational and/or governmental activities. The Township Borough shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s)Channels, and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel Channels so that they may be received by all Comcast Subscribers in the TownshipBorough.
(b) To enable the Township Borough and School District to continue to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location locations identified in Exhibit B and be distributed via the Cable System to Subscribers in the TownshipBorough. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the TownshipBorough.
(c) Comcast shall be responsible for maintaining the Return Line(s) Lines to the origination site(s) sites of the EG Channel(s) Channel so long as the Township Borough provides Comcast with access to such location locations and access to the EG E Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG E channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line Lines shall be at the expense of the TownshipBorough or designee. The Township Borough and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG E capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township Borough or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township Borough and Comcast agree to work cooperatively in implementing the EG E channel through such means and in such manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the TownshipBorough, Comcast shall, at the TownshipBorough’s or designee expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG E origination site in this Section; and (ii) the Township Borough shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(g) In the event the Township Borough or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the TownshipBorough. If the Township Borough approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township Borough requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township Borough that it requires such channel for educational and/or governmental use.
(hi) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township Borough thirty (30) days advance written notice of any change in EG Channel assignments.
(h) Subject to the procedures related to the determination and recovery of fair market value of this service referenced in Section 7.1, Comcast shall provide at each E origination site one complimentary cable drop and digital basic service package (or equivalent), plus any other tier of service that includes E Channels, including converter box, digital adapter, and other end user equipment, for purposes of monitoring the E programming content transmitted over the Cable System.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall make available continue to provide to the Township the use of one (1) Educational and Governmental (“EG”) Access Channel in accordance with Section 611 of the Cable Act. Such EG Channel shall be used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s)Channel, and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel so that they it may be received by all Comcast Subscribers in the Township.
(b) To enable the Township to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the Township. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Township.
(c) Comcast shall be responsible for maintaining the Return Line(s) Line to the origination site(s) site of the EG Channel(s) Channel so long as the Township provides Comcast with access to such location and access to the EG Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line shall be at the expense of the Township. The Township and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township and Comcast agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the Township, Comcast shall, at the Township’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(g) In the event the Township or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the Township. If the Township approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental use.
(h) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) Channel as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall comply with the following requirements. Comcast shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast Time Warner Cable shall make available to on its system in the Township the use of one Township, two (12) Governmental educational and/or governmental (“EG”) Access Channel access channels in accordance with Section 611 of the Cable Act. Such EG Channel channels shall be used for non-commercial community produced programming related to educational and/or governmental activities. The purpose of these channels is to contribute to an informed citizenry by, among other things, showing local government at work, responding to local needs, telecasting community programs, and bringing local education into the home. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s), channel and may delegate such functions, or a portion of such functions, functions to a designated access provideran appropriate designee. Comcast Time Warner Cable shall not exercise any editorial control over EG Channel channel programming. Comcast Whether operating on an analog or digital format, Time Warner Cable shall cablecast the any activated EG Channel channel so that they it may be received by all Comcast Subscribers in the TownshipTownship with appropriate equipment.
(b) Time Warner Cable shall provide and maintain in good working order the facilities to enable the transmission of programming for carriage on the EG channels from the following site: Township Hall at 0000 X. 00xx Xxxxxx.
(c) To enable the Township to utilize the EG Channelchannels, Comcast the Township may select two (2) locations within the municipal boundaries of the Township and Time Warner Cable shall continue to maintain direct fiber linksprovide and install, including activation within one hundred eighty (180) days of a written notice from the Township, the cables, wires, lines, and other signal distribution equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this the selected location and be distributed via the Cable System to Subscribers in the Township. This fiber link These cables, wires, lines and other signal distribution equipment shall be collectively known as the “Return LineLines.” Comcast This obligation of Time Warner shall determine be deemed satisfied to the engineering solution necessary to allow distribution extent that the Return Lines are currently installed as of the EG Channel programming, via the Cable System, to Subscribers in the Township.
(c) Comcast shall be responsible for maintaining the Return Line(s) to the origination site(s) Effective Date. The costs of the EG Channel(s) so long as the Township provides Comcast with access to such location construction and access to the EG Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(d) Any expenditure made in connection with the construction maintenance of the Return Line Lines shall be at the expense of the Township. The Township and Comcast further agree that all costs incurred by Comcast Time Warner Cable shall be responsible for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by maintaining the FCC and Comcast reserves its right to pass these costs through Return Lines to the Subscribers pursuant video origination point, provided that the Township provides Time Warner Cable with access to federal lawthis location and access to the EG equipment within the location.
(d) Time Warner Cable shall deliver the EG channel signals at a level of technical quality that is comparable to the level of technical quality provided by Time Warner Cable for signals of commercial channels; provided, however, that Time Warner Cable shall have no responsibility to improve upon or modify the signal quality of any EG channel content provided to Time Warner Cable by any EG channel programmer.
(e) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channelchannels. The Township and Comcast Time Warner Cable agree to work cooperatively in implementing the EG channel channels through such means and in such manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the Township, Comcast shall, at the Township’s expense, relocate the EG origination site The Township and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions Time Warner Cable agree that apply to the original EG origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permitscosts incurred by Time Warner Cable for supporting such EG channels, walk-outincluding any and all equipment, make readymaintenance and repair, and the detection may be designated as “costs of all underground utilities.
(g) In the event the Township franchise requirements” or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval “external costs” as defined by the Township. If the Township approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental useFCC.
(h) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast Grantee shall make available continue to provide to the Township the use of one two (12) Educational and Governmental (“EG”) Access Channel Channels in accordance with Section 611 of the Cable Act. Such EG Channel Channels shall be shared among the CACC communities - which include the Township - and used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s)Channels, and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast Grantee shall not exercise any editorial control over EG Channel programming. Comcast Grantee shall cablecast the activated EG Channel Channels so that they may be received by all Comcast Grantee Subscribers in the Township.
(b) To enable the Township to utilize the EG Channel, Comcast Grantee shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast Grantee headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the Township. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast Grantee shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Township.
(c) Comcast Grantee shall be responsible for maintaining the Return Line(s) to the origination site(s) of the EG Channel(s) so long as the Township provides Comcast Grantee with access to such location and access to the EG Channel equipment within such locations. Comcast Grantee shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast Grantee shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line shall be at the expense of the Township. The Township and Comcast Grantee further agree that all costs incurred by Comcast Grantee for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast Grantee reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township and Comcast Grantee agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory.
(f) To enable the Township or its designee to utilize the EG Access Channels, Grantee shall provide no more than twelve (12) total Remote Origination Points ("ROP(s)”) to the participating municipalities in the Centre Area Cable Consortium (“CACC”) in which the Grantee has a franchise agreement and offers Cable Service. Grantee shall provide and install, at the cost of the Township, within one hundred eighty (180) days’ written notice, cable and other necessary signal distribution equipment such that live or tape playback of programming can be originated from the selected locations and distributed to Subscribers through the designated access provider. Existing ROPs are listed in Exhibit B. The cost for additional ROPs or re-location of existing ROPs shall be the responsibility of the Township.
(g) HD Access Channel
(1) The Township may request one (1) Access Channel in high definition (“HD”) format when it demonstrates that at least three (3) hours per day, five (5) days per week of original, non-repetitive EG programming is being produced in HD.
(2) Following written notice by the Township that the criteria in Section 7.2(g)(1) has been met, Grantee shall have one hundred eighty (180) days to make available one
(1) HD Access Channel to be shared among the participating CACC communities and simultaneously carry the two (2) shared SD Access Channels provided under Section 7.2(a). 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. The designated access provider shall be responsible for providing the Access Channel signal in an HD format to the demarcation point at the designated point of origination for the Access Channel.
(3) At the cost of the designated access provider or Township, Grantee shall provide all necessary equipment including HD encoders or its equivalent outside or inside the demarcation point at the designated access provider channel origination point, at any ROP(s), and at its Headend and hubs or similar distribution facilities necessary to deliver the Access Channel in HD format to Subscribers. The Township shall pay for the cost of any resulting upgrades to the Return Line(s). The Township and Grantee agree that the costs for equipment or upgrades to the Return Line qualify 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 the EG Capital Grants provided for in this Franchise.
(4) Thirty-six (36) months after the launch of an HD Access Channel, Grantee shall have the right to reclaim one (1) of the SD Access Channels.
(h) Within one hundred eighty (180) days of a written request by the Township, Comcast Grantee shall, at the Township’s expense, relocate the EG origination site and the associated Return Line as follows: (i) ComcastGrantee’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(gi) In the event the Township or its designee does not program any EG Channel, Comcast Grantee may request the use of this channel subject to written approval by the Township. If the Township approves ComcastGrantee’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by ComcastGrantee, Comcast Grantee shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental use.
(hj) Comcast Grantee shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast Grantee deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast Grantee shall comply with the following requirements. Grantee shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast Service Electric shall make available provide to the Township Township, within one hundred eighty (180) days of a written request and as set forth herein, the use of one (1) dedicated Educational and Governmental (“EG”) Access Channel in accordance with Section 611 of the Cable Act. Such EG Channel shall be used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s)Channel, and may delegate such functions, or a portion of such functions, to a designated access provideran appropriate designee. Comcast Service Electric shall not exercise any editorial control over EG Channel programming. Comcast Service Electric shall cablecast the activated EG Channel so that they it may be received by all Comcast Service Electric Subscribers in the Township.
(b) To enable the Township to utilize the EG Channel, Comcast Service Electric and the Township shall continue to maintain select one (1) mutually agreeable location within the Township boundaries and Service Electric shall provide and install, within one hundred eighty (180) days of a written request by the Township direct fiber links, including activation equipment capable of transmitting high HD quality video and audio between the video origination location and the Comcast Service Electric headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the Township. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Township.”
(c) Comcast Any expenditure made in connection with the construction and maintenance of the Return Line shall be at the expense of Service Electric. The Township and Service Electric further agree that all costs incurred by Service Electric for supporting such EG Channel, including any and all equipment and EG support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Service Electric reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(d) Service Electric shall be responsible for maintaining the Return Line(s) Line to the video origination site(s) point of the EG Channel(s) Channel so long as the Township provides Comcast Service Electric with access to such location and access to the EG Channel equipment within such locationslocation. Comcast Service Electric shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast Service Electric shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(de) Any expenditure made At the time that the Township and/or its designee begin to produce EG programming in connection with high definition (“HD”) format, Service Electric shall distribute the construction EG channel signals in HD format through the cable system. Service Electric shall distribute the signals in HD format within sixty (60) days of receipt of notice from the Return Line shall be at Township that the expense of the Township. The Township and Comcast further agree that all costs incurred by Comcast for supporting such and/or its designee has upgraded its EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right production equipment to pass these costs through to the Subscribers pursuant to federal lawHD format.
(ef) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township and Comcast Service Electric agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory.
(fg) Within one hundred eighty (180) days of Service Electric shall include the EG Channels and programming information in all electronic program menus in a written request substantially similar manner and placement as the broadcast channels, including individual program listings and descriptions as provided by the Township, Comcast shall, at the Township’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(gh) In the event the Township or its designee does not program any EG Channel, Comcast Service Electric may request the use of this channel subject to written approval by the Township. If the Township approves ComcastService Electric’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by ComcastService Electric, Comcast Service Electric shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental use.
(h) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall make available to the Township the use of one (1) Educational and Governmental (“EG”) Access Channel Channel(s) in accordance with Section 611 of the Cable Act. Such EG Channel Channel(s) shall be used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s), and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel Channel(s) so that they may be received by all Comcast Subscribers in the Township.
(b) To enable the Township to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the Township. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Township.
(c) Comcast shall be responsible for maintaining the Return Line(s) to the origination site(s) of the EG Channel(s) so long as the Township provides Comcast with access to such location and access to the EG Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line shall be at the expense of the Township. The Township and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township and Comcast agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the Township, Comcast shall, at the Township’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(g) In the event the Township or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the Township. If the Township approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental use.
(h) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall make available to the Township Borough the use of one (1) Educational and Governmental (“EG”) Access Channel Channel(s) in accordance with Section 611 of the Cable Act. Such EG Channel Channel(s) shall be used for community programming related to educational and/or governmental activities. The Township Borough shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s), and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel Channel(s) so that they may be received by all Comcast Subscribers in the TownshipBorough.
(b) To enable the Township Borough to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the TownshipBorough. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the TownshipBorough.
(c) Comcast shall be responsible for maintaining the Return Line(s) to the origination site(s) of the EG Channel(s) so long as the Township Borough provides Comcast with access to such location and access to the EG Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line shall be at the expense of the TownshipBorough. The Township Borough and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township Borough or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township Borough and Comcast agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the TownshipBorough, Comcast shall, at the TownshipBorough’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township Borough shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(g) In the event the Township Borough or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the TownshipBorough. If the Township Borough approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township Borough requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township Borough that it requires such channel for educational and/or governmental use.
(h) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township Borough thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall make available continue to provide to the Township Borough the use of one two (12) Educational and Governmental (“EG”) Access Channel Channels in accordance with Section 611 of the Cable Act. Such EG Channel Channels shall be shared among the CACC communities and used for community programming related to educational and/or governmental activities. The Township Borough shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s)Channels, and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel Channels so that they may be received by all Comcast Subscribers in the TownshipBorough.
(b) To enable the Township Borough to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the TownshipBorough. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the TownshipBorough.
(c) Comcast shall be responsible for maintaining the Return Line(s) to the origination site(s) of the EG Channel(s) so long as the Township Borough provides Comcast with access to such location and access to the EG Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line shall be at the expense of the TownshipBorough. The Township Borough and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township Borough or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township Borough and Comcast agree to work cooperatively in implementing the EG channel through such means and in such manner as shall be mutually satisfactory.
(f) To enable the Borough or its designee to utilize the EG Access Channels, Comcast shall provide no more than twelve (12) total Remote Origination Points ("ROP(s)”) to the participating municipalities in the Centre Area Cable Consortium (“CACC”). Comcast shall provide and install, at the cost of the Borough, within one hundred eighty (180) days written notice, cable and other necessary signal distribution equipment such that live or tape playback of programming can be originated from the selected locations and distributed to Subscribers through the designated access provider. Existing ROPs are listed in Exhibit B. The cost for additional ROPs or re-location of existing ROPs shall be the responsibility of the Borough.
(g) HD Access Channel
(1) The Borough may request one (1) Access Channel in high definition (“HD”) format when it demonstrates that at least 3 hours per day, 5 days per week of original, non- repetitive EG programming is being produced in HD.
(2) Following written notice by the Borough that the criteria in Section 7.2(g)(1) has been met, Comcast shall have one hundred eighty (180) days to make available one
(1) HD Access Channel to be shared among the participating CACC communities and simultaneously carry the two (2) shared SD Access Channels provided under Section 7.2(a). Comcast 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. The designated access provider shall be responsible for providing the Access Channel signal in an HD format to the demarcation point at the designated point of origination for the Access Channel.
(3) At the cost of the designated access provider or Borough, Comcast shall provide all necessary equipment including HD encoders or its equivalent outside or inside the demarcation point at the designated access provider channel origination point, at any ROP(s), and at its Headend and hubs or similar distribution facilities necessary to deliver the Access Channel in HD format to Subscribers. The Borough shall pay for the cost of any resulting upgrades to the Return Line(s). The Borough and Comcast agree that the costs for equipment or upgrades to the Return Line qualify 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 the EG Capital Fees provided for in this Franchise.
(4) Thirty-six (36) months after the launch of an HD Access Channel, Comcast shall have the right to reclaim one (1) of the SD Access Channels.
(h) Within one hundred eighty (180) days of a written request by the TownshipBorough, Comcast shall, at the TownshipBorough’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Township Borough shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(gi) In the event the Township Borough or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the TownshipBorough. If the Township Borough approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township Borough requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township Borough that it requires such channel for educational and/or governmental use.
(hj) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall comply with the following requirements. Comcast shall provide the Township Borough thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement
EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL. (a) Comcast shall continue to make available to the Township the use of one (1) Educational (Pennsburg School District) and Governmental (Lower Makefield Township) Access Channel (“EG”) Access Channel in accordance with Section 611 of the Cable Act. Such EG Channel shall be used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channel(s)Channels, and may delegate such functions, or a portion of such functions, to a designated access provider. Comcast shall not exercise any editorial control over EG Channel programming. Comcast shall cablecast the activated EG Channel Channels so that they may be received by all Comcast Subscribers in the Township.
(b) To enable the Township and School District to continue to utilize the EG Channel, Comcast shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Comcast headend such that live programming can originate from this selected location locations identified in Exhibit B and be distributed via the Cable System to Subscribers in the Township. This fiber link and equipment shall be collectively known as the “Return Line.” Comcast shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Township.
(c) Comcast shall be responsible for maintaining the Return Line(s) Lines to the origination site(s) sites of the EG Channel(s) Channel so long as the Township and School District provides Comcast with access to such location locations and access to the EG E Channel equipment within such locations. Comcast shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal to the channel aggregation site for further processing and distribution to Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG E channel programmer.
(d) Any expenditure made in connection with the construction of the Return Line Lines shall be at the expense of the TownshipTownship or designee. The Township and Comcast further agree that all costs incurred by Comcast for supporting such EG Channel, including any and all equipment, and EG E capital support grants may be designated as “costs of franchise requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass these costs through to the Subscribers pursuant to federal law.
(e) The Township or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Township and Comcast agree to work cooperatively in implementing the EG E channel through such means and in such manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the Township, Comcast shall, at the TownshipTownship or designee’s expense, relocate the EG origination site and the associated Return Line as follows: (i) Comcast’s obligation shall be subject to the same terms and conditions that apply to the original EG E origination site in this Section; and (ii) the Township shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities.
(g) In the event the Township or its designee does not program any EG Channel, Comcast may request the use of this channel subject to written approval by the Township. If the Township approves Comcast’s use of an EG Channel and, subsequent to such approval, the Township requests the utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use no later than sixty (60) days after receipt of written notification from the Township that it requires such channel for educational and/or governmental use.
(hi) Comcast shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of the Effective Date. Notwithstanding the foregoing, in the event that Comcast deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Comcast shall provide the Township thirty (30) days advance written notice of any change in EG Channel assignments.
Appears in 1 contract
Samples: Cable Franchise Agreement