Interconnection of Community Programming Center to Headend. In order to provide for the playback of, or to enable the PEG Access Channels to be carried live through the use of media over the Cable System, Grantee shall keep and maintain in place the existing and any replacement return fiber optic line(s) (the “Interconnection Line”), including the existing and any replacement associated electronics and equipment, connecting the Community Programming Center, located at 0000 Xxxxxxxxx Xxxx, Covington, Kentucky 41015, within the distribution system of Grantee’s Cable System, to its Headend, in accordance with the provisions below. The Interconnection Line shall be capable of providing transmission of Public, Educational and Governmental Access programming over the Access Channels. With respect to subsections (i) and (ii) immediately below and decisions or input needed to be made with respect to costs, Subscriber charges or passthroughs, or charges/costs otherwise assumable by TBNK or TBNK Member Governments, the Parties agree to first discuss such matter(s) in good faith before any action is taken by Grantee.
Interconnection of Community Programming Center to Headend. In order to provide for the playback of, or to enable the PEG Access Channels to be carried live through the use of media over the Cable System, Grantee shall keep and maintain in place the return fiber optic line, including the associated electronics and equipment, connecting the Community Programming Center, located at 0000 Xxxxxxxxx Xxxx, Covington, Kentucky 41015, within the distribution system of Grantee’s Cable System, to its Headend, all of which shall be capable of providing transparent, reliable and simultaneous transmission of Public, Educational and Governmental Access programming over the Access Channels delivered at a quality similar to the commercial channels on the Cable System (the “Interconnection Line”). The Grantee’s capital cost for the Interconnection Line will include the associated and necessary equipment including, but not limited to, modulators, video encoders and decoders, digital transmitters, fiber links, processors, drops, wiring and automatic switching equipment at the Grantee’s Headend from the Community Programming Center without assistance from the Grantee, to enable Subscribers within the Franchise Areas of the TBNK Member Governments to receive Access Channel programming transmitted to Grantee’s Headend from the Community Programming Center. The intent is that proper equipment will be provided by the Grantee so that the Community Programming Center can generate and send signals over the Interconnection Line to the Headend for Downstream Transmission on the subscriber network and to send and receive signals through Grantee’s Headend in order to transfer signals originating at the Community Programming Center onto any of the Access Channels on the subscriber network and otherwise control the signals to allow for smooth breaks, transitions, insertion of station identification and other material. As provided under the FCC Third Report and Order, the recurring cost to maintain the Interconnection Line is deemed as an “in-kind” contribution giving Grantee the right (a) to charge and receive payment from Grantor for such costs or (b) offset such charges or costs against Franchise Fees required to be paid under this Franchise Agreement, as further detailed in Article II, Section 15(C) (Franchise Fee Offset) of this Franchise. Notwithstanding the foregoing, in the event the “in-kind” contribution aspect set forth in the FCC Third Report and Order is reversed or withdrawn by the FCC, or is overturned in a court of law, or otherwise...
