Common use of Support for Access Capital Costs Clause in Contracts

Support for Access Capital Costs. (A) Except as otherwise provided herein, during the term of this Agreement, Grantee shall provide to the Grantor one percent (1 %) of Gross Revenues (the "Capital Access Contribution") for Public, Educational and Governmental Access, including, but not limited to, PEG Access facilities and equipment (and repair of such equipment). Grantee shall make payments quarterly, following the effective date of this Agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than forty-five (45) days following the end of the quarter. Grantor shall have discretion to allocate such payments for Access costs in accordance with applicable law. (B) The Grantor shall provide a report annually to the Grantee on the use of the funds provided to the Grantor under Section 9.8 (A). Reports shall be submitted to the Grantee within one hundred twenty (120) days of the close of the Grantor’s fiscal year. Grantee may review records of the Grantor and Designated Access Providers regarding the use of funds described in such report. Grantor agrees that the report shall document that, for each dollar spent on PEG support for Access, an equivalent amount will be spent, in aggregate, by Grantor and Designated Access Providers on operating support for PEG Access. (C) Grantee may conduct a financial review or audit for the purpose of verifying whether use of the PEG fee is in accordance with this Franchise. The Grantee shall notify the Grantor in writing at least thirty (30) days prior to the date of an audit or review and identify the relevant financial records of Grantor and the Designated Access Provider that Grantee wants to review. The time period of the review or audit shall be for PEG fee payments received no more than thirty-six (36) months prior to the date the Grantee notifies the Grantor of its intent to perform an audit or review. The Grantor and recipients of the PEG fee shall make such documents available for inspection and copying. Documents shall be reviewed during normal business hours at a time and place made available by the Grantor or the Designated Access Provider. Grantee shall promptly provide the Grantor with written notice of the audit or review’s conclusions and reasons therefor. The Grantor shall have sixty (60) days to provide a written response. If the Grantor disputes Xxxxxxx’s conclusions, the parties shall attempt in good faith to reach a mutually acceptable resolution. If the parties are unable to agree, either party may submit the issue to non-binding mediation or pursue any legal remedies. If it is determined that any PEG fee has not been used in accordance with this Franchise, then within 30 days, one of the following actions shall occur: (1) If the Grantor determines that the recipient has access to sufficient unrestricted funds, the Grantor may require either: (a) That the recipient expend its unrestricted funds to achieve the stated purposes of the original PEG funding not spent in accordance with this Franchise; or, (b) Upon demand, the recipient shall return the full amount of the PEG funding amount not spent in accordance with this Franchise to the PEG funding account. (2) If the Grantor determines that the recipient does not have access to sufficient unrestricted funds, the Grantor may decide to either: (a) Directly reimburse the PEG funding account for the amount not spent in accordance with this Franchise; or, (b) Allow the Grantee to reduce future PEG payments by the amount not spent in accordance with this Franchise. (3) The decision as to which of these options to exercise, under this Section shall be at the Grantor’s sole discretion.

Support for Access Capital Costs. (A) Except as otherwise provided herein, during During the term of this Agreement, Grantee shall provide to the Grantor a maximum of one percent dollar (1 %$1.00) of Gross Revenues per month, per Residential Subscriber (the "Capital Access Contribution") for Public, Educational and Governmental AccessAccess capital, includingor such lesser amount if authorized by Grantor. The Capital Contribution shall be payable by Grantee to Grantor after (1) the approval of Grantor, but not limited toif required, PEG Access facilities and equipment to the inclusion of the Capital Contribution on the bills of Residential Subscribers, including any requirements for approval pursuant to 47 C.F.R. Section 76.922, (and repair 2) notice to Xxxxxxx's Residential Subscribers of such equipment)inclusion, and (3) the collection of the Capital Contribution from such Residential Subscribers. Grantee shall make such payments quarterly, following the effective date of this Agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than forty-five (45) days following the end of the quarter. Grantor shall have discretion to allocate such payments for Access costs Costs in accordance with applicable law. (B) The Grantor shall provide a report annually to the Grantee on the use of the funds provided to the Grantor under Section 9.8 (A9.6(A). Reports The first such report shall be submitted to the Grantee no later than May 1, 1999. Subsequent reports shall be submitted to the Grantee within one hundred one-hundred-twenty (120) days of the close of the Grantor’s fiscal year. Grantee may review records of the Grantor and Designated Access Providers regarding the use of funds described in such report. Grantor agrees that the report shall document that, for each dollar ($1.00) spent on PEG Capital support for Access, an equivalent amount will be spent, in aggregate, by Grantor and Designated Access Providers on operating support for PEG Access. In years one through three of the Agreement, no more than 30% of PEG Capital support for PEG, less expenditures for I-NET purposes as specified in Section 11.2 (H), may be carried over from one fiscal year of the Grantor to the next fiscal year. In years four through ten of the Agreement, no more than 20% of PEG Capital support for PEG, less expenditures for I-NET purposes as specified in Section 11.2 (H), may be carried over from one fiscal year of the Grantor to the next fiscal year. 9.7 Triggers for Expansion of Access Channels (A) Following completion of the upgrade, Grantee shall, if directed by the Grantor, provide additional, activated Downstream channel capacity for PEG Access, to a maximum total of nine (9) Access channels as described in Section 9.3. The Grantor shall give Grantee at least ninety (90) days prior notice of required additional Access channels. (B) The Grantor may require Grantee to provide additional activated Downstream channel capacity for a particular type of PEG Access under this Section. When a channel for a particular type of PEG Access programming meets the criteria set forth below, Grantor may require Grantee to provide additional activated Downstream channel capacity for that type of PEG Access under this section. Upon Xxxxxxx’s request a public hearing will be conducted regarding the need for additional capacity, to a maximum total of nine (9) Access channels, as established by the criteria set forth below: (1) Public Access channels: During any eight (8) consecutive weeks, the Public Access channel is in use for Locally Produced, Locally Scheduled Original Programming 80% of the time, seven (7) days per week, for any consecutive five (5) hour block during the hours from noon to midnight; or, (2) Educational Access channels: During any eight (8) consecutive weeks, the Educational Access channel is in use for Locally Scheduled Original Programming 80% of the time, five (5) days per week, Monday through Friday, for any consecutive five (5) hour block during the hours from 6:00 a.m. to 11:00 p.m.; or, (3) Governmental Access channels: During any eight (8) consecutive weeks, the Governmental Access channel is in use for Locally Scheduled Original Programming 80% of the time, five (5) days per week, Monday through Friday, for any consecutive five (5) hour block during the hours from 6:00 a.m. to 11:00 p.m.; and, (4) The applicable PEG Access channel capacity expansion criteria as set forth in Subsections (1), (2) or (3) has been met, or exceeded, by the Grantor or its Designated Access Provider with responsibility for programming the PEG Access channel. (C) Grantee may conduct a financial review or audit for For the purpose of verifying whether use of the PEG fee is in accordance with this Franchise. The Grantee shall notify the Grantor in writing at least thirty (30) days prior to the date of an audit or review and identify the relevant financial records of Grantor and the Designated Access Provider that Grantee wants to review. The time period of the review or audit shall be for PEG fee payments received no more than thirty-six (36) months prior to the date the Grantee notifies the Grantor of its intent to perform an audit or review. The Grantor and recipients of the PEG fee shall make such documents available for inspection and copying. Documents shall be reviewed during normal business hours at a time and place made available by the Grantor or the Designated Access Provider. Grantee shall promptly provide the Grantor with written notice of the audit or review’s conclusions and reasons therefor. The Grantor shall have sixty (60) days to provide a written response. If the Grantor disputes Xxxxxxx’s conclusions, the parties shall attempt in good faith to reach a mutually acceptable resolution. If the parties are unable to agree, either party may submit the issue to non-binding mediation or pursue any legal remedies. If it is determined that any PEG fee has not been used in accordance with this Franchise, then within 30 days, one of the following actions shall occurSection 9.7: (1) If the Grantor determines that the recipient has access to sufficient unrestricted funds, the Grantor may require either: (a) That the recipient expend its unrestricted funds to achieve the stated purposes of the original PEG funding not spent in accordance with this Franchise; or, (b) Upon demand, the recipient shall return the full amount of the PEG funding amount not spent in accordance with this Franchise to the PEG funding account. (2) If the Grantor determines that the recipient does not have access to sufficient unrestricted funds, the Grantor may decide to either: (a) Directly reimburse the PEG funding account for the amount not spent in accordance with this Franchise; or, (b) Allow the Grantee to reduce future PEG payments by the amount not spent in accordance with this Franchise. (3) The decision as to which of these options to exercise, under this Section shall be at the Grantor’s sole discretion.

Support for Access Capital Costs. (A) Except as otherwise provided herein, during the term of this Agreement, Grantee shall provide to the Grantor a maximum of one percent dollar (1 %$1.00) of Gross Revenues per month, per Residential Subscriber (the "Capital Access Contribution") for Public, Educational and Governmental Access, including, but not limited to, Access capital specifically for PEG Access facilities and equipment (and repair of such equipment), or such lesser amount if authorized by Grantor. The Capital Contribution shall be payable by Grantee to Grantor after (1) the approval of Grantor, if required, to the inclusion of the Capital Contribution on the bills of Residential Subscribers, including any requirements for approval pursuant to 47 C.F.R. Section 76.922, (2) notice to Xxxxxxx's Residential Subscribers of such inclusion, and (3) the collection of the Capital Contribution from such Residential Subscribers. Grantee shall make payments quarterly, following the effective date of this Agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than forty-five (45) days following the end of the quarter. Grantor shall have discretion to allocate such payments for Access costs in accordance with applicable law. At any time prior to the expiration of this Franchise but not sooner than January 1, 2015, the Grantor may submit to Grantee a business plan for the expansion or improvement of PEG access facilities and equipment with information such as costs and timetable for implementation. Grantee shall review the business plan in good faith and shall consult with Grantor within 60 days of receipt of the plan. Grantor agrees to provide Grantee additional information and documentation reasonably requested by Xxxxxxx. At the request of Grantee, Grantor shall conduct a public hearing for the purpose of receiving public comment on the expansion or improvement of PEG access facilities and associated costs. Should Grantee and Grantor agree to terms and conditions through good faith negotiations regarding the expansion or improvement of PEG access facilities, the Capital Contribution for PEG access capital shall be adjusted to an amount up to a maximum of one and one-half percent (1.50%) of Gross Revenues from Cable Services provided to Residential Subscribers. Grantee shall implement the new Capital Contribution for PEG access capital no later than ninety (90) days after the effective date of the written agreement between Grantor and Grantee. (B) The Grantor shall provide a report annually to the Grantee on the use of the funds provided to the Grantor under Section 9.8 9.9 (A). Reports The first such report under this Franchise shall be submitted to the Grantee no later than January 1, 2014. Subsequent reports shall be submitted to the Grantee within one hundred one-hundred-twenty (120) days of the close of the Grantor’s fiscal year. Grantee may review records of the Grantor and Designated Access Providers regarding the use of funds described in such report. Grantor agrees that the report shall document that, for each dollar ($1.00) spent on PEG Capital support for Access, an equivalent amount will be spent, in aggregate, by Grantor and Designated Access Providers on operating support for PEG Access. (C) Grantee may conduct a financial review or audit for the purpose of verifying whether use of the PEG fee is in accordance with this Franchise. The Grantee shall notify the Grantor in writing at least thirty (30) days prior to the date of an audit or review and identify the relevant financial records of Grantor and the Designated Access Provider that Grantee wants to review. The time period of the review or audit shall be for PEG fee payments received no more than thirty-six (36) months prior to the date the Grantee notifies the Grantor of its intent to perform an audit or review. The Grantor and recipients of the PEG fee shall make such documents available for inspection and copying. Documents shall be reviewed during normal business hours at a time and place made available by the Grantor or the Designated Access Provider. Grantee shall promptly provide the Grantor with written notice of the audit or review’s conclusions and reasons therefor. The Grantor shall have sixty (60) days to provide a written response. If the Grantor disputes Xxxxxxx’s conclusions, the parties shall attempt in good faith to reach a mutually acceptable resolution. If the parties are unable to agree, either party may submit the issue to non-binding mediation or pursue any legal remedies. If it is determined that any PEG fee has not been used in accordance with this Franchise, then within 30 days, one of the following actions shall occur: (1) If the Grantor determines that the recipient has access to sufficient unrestricted funds, the Grantor may require either: (a) That the recipient expend its unrestricted funds to achieve the stated purposes of the original PEG funding not spent in accordance with this Franchise; or, (b) Upon demand, the recipient shall return the full amount of the PEG funding amount not spent in accordance with this Franchise to the PEG funding account. (2) If the Grantor determines that the recipient does not have access to sufficient unrestricted funds, the Grantor may decide to either: (a) Directly reimburse the PEG funding account for the amount not spent in accordance with this Franchise; or, (b) Allow the Grantee to reduce future PEG payments by the amount not spent in accordance with this Franchise. (3) The decision as to which of these options to exercise, under this Section shall be at the Grantor’s sole discretion.

Support for Access Capital Costs. (A) Except as otherwise provided herein, during the term of this Agreement, Grantee shall provide to the Grantor a maximum of one percent dollar (1 %$1.00) of Gross Revenues per month, per Residential Subscriber (the "Capital Access Contribution") for Public, Educational and Governmental Access, including, but not limited to, Access capital specifically for PEG Access facilities and equipment (and repair of such equipment), or such lesser amount if authorized by Grantor. The Capital Contribution shall be payable by Grantee to Grantor after (1) the approval of Grantor, if required, to the inclusion of the Capital Contribution on the bills of Residential Subscribers, including any requirements for approval pursuant to 47 C.F.R. Section 76.922, (2) notice to Xxxxxxx's Residential Subscribers of such inclusion, and (3) the collection of the Capital Contribution from such Residential Subscribers. Grantee shall make payments quarterly, following the effective date of this Agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than forty-five (45) days following the end of the quarter. Grantor shall have discretion to allocate such payments for Access costs in accordance with applicable law. At any time prior to the expiration of this Franchise but not sooner than January 1, 2015, the Grantor may submit to Grantee a business plan for the expansion or improvement of PEG access facilities and equipment with information such as costs and timetable for implementation. Grantee shall review the business plan in good faith and shall consult with Grantor within 60 days of receipt of the plan. Xxxxxxx agrees to provide Grantee additional information and documentation reasonably requested by Xxxxxxx. At the request of Grantee, Grantor shall conduct a public hearing for the purpose of receiving public comment on the expansion or improvement of PEG access facilities and associated costs. Should Grantee and Grantor agree to terms and conditions through good faith negotiations regarding the expansion or improvement of PEG access facilities, the Capital Contribution for PEG access capital shall be adjusted to an amount up to a maximum of one and one-half percent (1.50%) of Gross Revenues from Cable Services provided to Residential Subscribers. Grantee shall implement the new Capital Contribution for PEG access capital no later than ninety (90) days after the effective date of the written agreement between Grantor and Grantee. (B) The Grantor shall provide a report annually to the Grantee on the use of the funds provided to the Grantor under Section 9.8 9.9 (A). Reports The first such report under this Franchise shall be submitted to the Grantee no later than January 1, 2014. Subsequent reports shall be submitted to the Grantee within one hundred one-hundred-twenty (120) days of the close of the Grantor’s fiscal year. Grantee may review records of the Grantor and Designated Access Providers regarding the use of funds described in such report. Grantor agrees that the report shall document that, for each dollar ($1.00) spent on PEG Capital support for Access, an equivalent amount will be spent, in aggregate, by Grantor and Designated Access Providers on operating support for PEG Access. (C) Grantee may conduct a financial review or audit for the purpose of verifying whether use of the PEG fee is in accordance with this Franchise. The Grantee shall notify the Grantor in writing at least thirty (30) days prior to the date of an audit or review and identify the relevant financial records of Grantor and the Designated Access Provider that Grantee wants to review. The time period of the review or audit shall be for PEG fee payments received no more than thirty-six (36) months prior to the date the Grantee notifies the Grantor of its intent to perform an audit or review. The Grantor and recipients of the PEG fee shall make such documents available for inspection and copying. Documents shall be reviewed during normal business hours at a time and place made available by the Grantor or the Designated Access Provider. Grantee shall promptly provide the Grantor with written notice of the audit or review’s conclusions and reasons therefor. The Grantor shall have sixty (60) days to provide a written response. If the Grantor disputes Xxxxxxx’s conclusions, the parties shall attempt in good faith to reach a mutually acceptable resolution. If the parties are unable to agree, either party may submit the issue to non-binding mediation or pursue any legal remedies. If it is determined that any PEG fee has not been used in accordance with this Franchise, then within 30 days, one of the following actions shall occur: (1) If the Grantor determines that the recipient has access to sufficient unrestricted funds, the Grantor may require either: (a) That the recipient expend its unrestricted funds to achieve the stated purposes of the original PEG funding not spent in accordance with this Franchise; or, (b) Upon demand, the recipient shall return the full amount of the PEG funding amount not spent in accordance with this Franchise to the PEG funding account. (2) If the Grantor determines that the recipient does not have access to sufficient unrestricted funds, the Grantor may decide to either: (a) Directly reimburse the PEG funding account for the amount not spent in accordance with this Franchise; or, (b) Allow the Grantee to reduce future PEG payments by the amount not spent in accordance with this Franchise. (3) The decision as to which of these options to exercise, under this Section shall be at the Grantor’s sole discretion.