Common use of PEG Access Channels Clause in Contracts

PEG Access Channels. 5.1.1. The Licensee shall continue to make available to the Issuing Authority and/or the PEG Access Designee, as designated in writing by the Issuing Authority, three (3) SD PEG Access Channels on its Basic Service Tier. In accordance with Section 5.1.2 below, the Issuing Authority may also request one (1) HD PEG Access Channel for a total of four (4) PEG Access Channels. 5.1.2. In addition to the three (3) SD PEG Access Channels referenced above, the Licensee shall make one (1) HD PEG Access Channel available to the Issuing Authority and/or the PEG Access Designee, as designed in writing by the Issuing Authority, as follows: Starting on the Effective Date of this Renewal License, the Issuing Authority may make a written request for such an HD PEG Access Channel to the Licensee. Upon receipt of the Issuing Authority’s written request, the Licensee shall make such an HD PEG Access Channel available to the Issuing Authority or the PEG Access Designee within two hundred and seventy (270) days of the Licensee’s receipt of such written notice. The Issuing Authority shall include in its written notice a statement of whether the programming on such HD PEG Access Channel shall either be a simulcast of existing SD PEG Access Channel programming or distinct programming. The Issuing Authority or the PEG Access Designee may subsequently change the programming on the HD PEG Access Channel from an SD PEG Access Channel simulcast to distinct programming, or from distinct programming to an SD PEG Access Channel simulcast, upon one hundred (180) days prior written notice from the Issuing Authority to the Licensee which change shall not occur more than once during the License term. To the extent permitted by law, the Licensee shall be allowed to recover from Subscribers applicable costs incurred to transmit HD PEG Access Channel programming of any type. 5.1.3. All programming content for the HD PEG Access Channel shall be transmitted to Licensee in HD-SDI format with a resolution of 720p. Licensee reserves the right to reassign channel number and location for any or all of the PEG Access Channels at any time during the term. The Issuing Authority expressly acknowledges that an HD PEG Access Channel may not be available at all times during the term of this License on Licensee’s Basic Service Tier and that in order to view the HD PEG Access Channel, a Subscriber may be required to upgrade equipment at an additional charge. 5.1.4. The Licensee may carry PEG Access Programming within and outside the Town’s jurisdictional boundaries, provided that PEG Access Programming from outside the Town which is carried in the Town shall not be cablecast on the PEG Access Channels made available to the Issuing Authority and/or the PEG Access Designee. The Licensee reserves the right to locate the Southborough PEG Access Channels in its Channel lineup in its sole discretion. If a PEG Access Channel provided under this Article is not being utilized by the Town and/or the PEG Access Designee, the Licensee may utilize such PEG Access Channel by providing at least sixty (60) days advance written notice to the Issuing Authority. In the event that the Issuing Authority and/or the PEG Access Designee determines to use such PEG Access Channel capacity for PEG Access purposes, the Issuing Authority shall have the right to utilize such PEG Access Channel by providing at least sixty (60) days advance written notice to the Licensee.

PEG Access Channels. 5.1.1. The (a) Upon the Effective Date, the Licensee shall continue to make available to the Issuing Authority and/or a minimum of three (3) dedicated Subscriber Network Downstream Channels on the Norfolk Cable System for PEG Access Designeepurposes. (b) If, as designated over the course of any six (6) month period after the Cable System upgrade pursuant to Section 3.1(a) during the Renewal License term, all three (3) of the Subscriber Network PEG Access Downstream Channels are programmed with original, non-repeated, locally-produced programming (excluding alpha-numeric "bulletin board" type programming) for sixty percent (60%) or more of the time during weekday hours between 10:00 a.m. and 11:00 p.m., the Issuing Authority may so notify the Licensee in writing writing. Included in such notification shall be copies of program logs and other records verifying such usage for said period of time, and original logs and other records shall be made available to the Licensee upon request. After receipt of such notification and verification to Licensee's reasonable satisfaction, Licensee shall, at the Issuing Authority's request, make available one additional Subscriber Network PEG Access Downstream Channel available for use by the Issuing Authority, three its designee and/or the Access Corporation. This Section 6.2(b) does not constitute an obligation to add additional Subscriber Network Downstream Channel capacity at any time during this Renewal License term. (3c) SD PEG Access Channels on its Basic Service Tier. In Except in the event of a must-carry requirement in accordance with Section 5.1.2 below, the Issuing Authority may also request one (1) HD PEG Access Channel for a total of four (4) PEG Access Channels. 5.1.2. In addition to the three (3) SD PEG Access Channels referenced above, the Licensee shall make one (1) HD PEG Access Channel available to the Issuing Authority and/or the PEG Access Designee, as designed in writing by the Issuing Authority, as follows: Starting on the Effective Date of this Renewal License, the Issuing Authority may make a written request for such an HD PEG Access Channel to the Licensee. Upon receipt of the Issuing Authority’s written request, the Licensee shall make such an HD PEG Access Channel available to the Issuing Authority or the PEG Access Designee within two hundred and seventy (270) days of the Licensee’s receipt of such written notice. The Issuing Authority shall include in its written notice a statement of whether the programming on such HD PEG Access Channel shall either be a simulcast of existing SD PEG Access Channel programming or distinct programming. The Issuing Authority or the PEG Access Designee may subsequently change the programming on the HD PEG Access Channel from an SD PEG Access Channel simulcast to distinct programming, or from distinct programming to an SD PEG Access Channel simulcast, upon one hundred (180) days prior written notice from the Issuing Authority to the Licensee which change shall not occur more than once during the License term. To the extent permitted by applicable law, the Licensee shall be allowed to recover from Subscribers applicable costs incurred to transmit HD not move or otherwise relocate the PEG Access Channel programming of any type. 5.1.3. All programming content for locations once established at the HD PEG Access Channel shall be transmitted to Licensee in HD-SDI format with a resolution of 720p. Licensee reserves the right to reassign channel number and location for any or all time of the PEG Access Channels at any time during the term. The Issuing Authority expressly acknowledges that an HD PEG Access Channel may not be available at all times during the term of this License on Licensee’s Basic Service Tier and that in order upgrade pursuant to view the HD PEG Access ChannelSection 3.1(a) herein, a Subscriber may be required to upgrade equipment at an additional charge. 5.1.4. The Licensee may carry PEG Access Programming within and outside the Town’s jurisdictional boundaries, provided that PEG Access Programming from outside the Town which is carried in the Town shall not be cablecast on the PEG Access Channels made available to the Issuing Authority and/or the PEG Access Designee. The Licensee reserves the right to locate the Southborough PEG Access Channels in its Channel lineup in its sole discretion. If a PEG Access Channel provided under this Article is not being utilized by the Town and/or the PEG Access Designee, the Licensee may utilize such PEG Access Channel by providing at least sixty (60) days without advance written notice to the Issuing AuthorityAuthority and all effected Subscribers. In Notwithstanding the foregoing, in the event that the Issuing Authority and/or the PEG Access Designee determines to use of any change of any of such PEG Access Channel capacity for PEG Access purposeschannel locations, the Issuing Authority Licensee shall have the right to utilize such PEG Access Channel by providing at least sixty (60) days advance written notice provide reasonable marketing assistance to the LicenseeAccess Corporation to publicize the new channel locations, including but not limited to cablecasted "bulletin board" style announcements on the Subscriber Network and announcements or messages in subscriber billing statements. (d) The Access Corporation may utilize Upstream Channels on the I-Net, as described in Section