Support for Access Costs. During the term of this Franchise Agreement, Grantee shall provide fifty cents ($0.50) per month per Residential Subscriber (the "PEG Contribution") to be used solely for capital costs related to Public, Educational and Governmental Access and the web based on demand Access programming described in Section 9.5, or as may be permitted by Applicable Law. To address inflationary impacts on capital equipment or to evaluate whether the City’s PEG Access capital costs have reduced with time, the City and Grantee may meet no more than three times after the Effective Date to discuss whether to increase or to decrease the PEG Contribution. The primary purpose of such meetings will be for the parties to review prior expenditures and future capital plans to determine if the current PEG Contribution is reasonably appropriate to meet future needs. The City and Grantee may suggest to each other, based upon their own assessments of reasonable past practices and future anticipated needs, whether the current level of PEG Contribution is appropriate. If either party believes that the PEG Contribution should be modified in a reasonable amount to address such future needs the parties shall share all relevant information supporting their positions and negotiate in good faith to determine if the PEG Contribution should be increased or decreased, and if so, in what amount. Such discussions regarding potential adjustment to the PEG Contribution will be conducted pursuant to the Franchise amendment procedures in Section 4.8 of this Franchise. Grantee shall make PEG Contribution payments quarterly, following the effective date of this Franchise 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 thirty (30) days following the end of the quarter. City shall have sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access. The parties agree that this Franchise shall provide City discretion to utilize Access payments for new internal network connections and enhancements to the City’s existing network.
Support for Access Costs. The City has determined that it will not require a fee for capital costs related to Public, Educational and Governmental Access and the web based on demand Access programming described in Section IX.A.10, or as may be permitted by Applicable Law (“PEG Contribution”) as of the Effective Date of this Franchise. During the term of this Franchise Agreement, but no sooner than six (6) months after the Franchise Fee has been increased to five percent (5%) of Gross Revenues pursuant to Section XVIII.A, the City may provide written notice to Operator indicating an intent to impose a PEG Contribution of up to fifty cents ($0.50) per month per Residential Subscriber. Within thirty (30) days of such notice, or such other time as the parties may mutually agree, the City and Operator shall meet to review prior PEG expenditures and future capital plans of the City and/or its Designated Access Providers. Upon the City’s presentation of information that it and/or its Designated Access Providers have reasonable PEG capital needs which will benefit from the PEG Contribution of up to fifty cents ($0.50) per month per Residential Subscriber, and if the City Council by resolution confirms that such PEG Contribution meets the community’s needs and interests, taking into account the costs, and provided that all other Cable Operators providing Cable Services in the City are required to pay the same PEG Contribution, Operator shall begin making PEG Contribution payments no later than ninety (90) days after approval by the City Council. All PEG Contribution payments shall be made quarterly for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than thirty (30) days following the end of the quarter. City shall have sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access. To the extent the City makes Access capital investments using City funds prior to receiving necessary PEG Contribution funds, the City is entitled to apply subsequent PEG Contribution payments from Operator toward such City capital investments.
Support for Access Costs. After completion of the procedures set forth in Section 9.1B and within 90 days of a written request by the Town, Grantee shall provide up to $0.50 per month per Residential Subscriber (the "PEG Contribution") to be used solely for capital costs related to Public, Educational and Governmental Access programming or as may be permitted by Applicable Law. Grantee shall make PEG Contribution payments quarterly for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than sixty (60) days following the end of the quarter.
Support for Access Costs. I. At any time during the Term of this Franchise once Grantee’s cable system is operational, within one hundred twenty (120) days of written notice from the Grantor per Section 8.5.A.1, Grantee will pay a PEG Support fee in the amount of one dollar, ($1.00) per subscriber per month, which funds will be used in accordance with applicable federal law. Nothing in this Section 8.5 will be viewed as a waiver of Grantor’s rights to use the funds provided for any lawful purpose permitted under applicable federal law. Grantee will make such payments in conjunction with and at the same frequency as franchise fees. [NOTE: CITIES SHOULD CROSS REFERENCE OTHER CABLE FRANCHISES THEY HAVE AND OTHER CABLE FRANCHISES IN THE AREA WHEN DECIDING THE PEG SUPPORT FEE IN THIS SUBSECTION.]
a. PEG support payments to the Grantor will be accompanied by such information allowing the Grantor to easily verify compliance with this Section, including monthly subscriber numbers, and if needed or requested any such information Grantor reasonably deems required to verify compliance. Grantee will provide information to the Grantor within 30 (thirty) days without any cost to Grantor.
b. Both parties agree that Support for Access Costs is a material provision and subject to the terms specified in Section 3.5.B.
II. Both parties agree that the PEG Access fee and the Additional Financial Support for PEG Access, if allowed by law, may be passed through to Subscribers. However, Grantee will not reduce or alter payments to the Grantor based on passed through amounts or amounts collected from subscribers. Payments will be calculated on the number of subscribers multiplied by the amount per subscriber, without reduction or off-set of any kind.
III. If at any time after twelve (12) months of the PEG fee being paid to Grantor, the Grantor fails to operate the PEG Access Channel, Grantee may, after providing at least one hundred twenty (120) days written notice to Grantor, discontinue the PEG Access fee unless the Grantor operates the PEG Access channel within the one hundred twenty (120) day notice period.
IV. Grantor agrees that the sections of any network infrastructure developed using PEG support funds that are used to transport PEG programming shall be readily identifiable, for their exclusive use for internal, institutional purposes only and shall not be made available to any other public or private entity.
V. Should Grantee continue to provide Cable Services after the expiration of this Franchis...
Support for Access Costs. In recognition of the Grantor’s demonstration of its community needs and interests related to the startup of an online Access Programming operation, Grantee agrees to provide an Access Contribution of twenty thousand ($20,000) dollars (“Access Contribution”) to the Grantor. One- third of the first ten thousand ($10,000) dollars of the Access Contribution shall be delivered within one hundred twenty (120) days of written request made after January 1, 2024. The remaining two- thirds of the first ten thousand ($10,000) dollars shall be made in equal installments and due no later than the anniversary date of the first payment. The second ten thousand ($10,000) dollars of the Access Contribution may be requested by Grantor on or after three (3) years from the date of the request for the first Access Contribution, and shall be delivered in three (3) equal installments, consistent with the manner in which the first ten thousand ($10,000) Access Contribution was made. Grantee shall be entitled to recover the Grant in any manner consistent with Applicable Law.
Support for Access Costs. (1) Except as otherwise agreed to by the parties, throughout the term of this Franchise, Grantee shall pay to the City fifty-two cents ($.52) per month, per residential Subscriber, or such lesser amount if authorized in writing by Grantor, due within sixty (60) days of the Effective Date of the Franchise to be used for capital equipment and facilities related to PEG access and distribution, and, to the extent permitted by law, PEG operating costs. The 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, concurrent with the franchise fee payment pursuant to Section 4.2.
(2) If Grantor enters into a franchise agreement or amends an existing franchise agreement with another Cable Operator after the Effective Date of this Franchise to provide Cable Service in all or any portion of the Grantee's Franchise Area that includes PEG financial support calculated based on a Gross Revenues basis that is less than twenty-five cents ($.25) per month, per residential Subscriber, then, to the extent required by law, Grantee shall be entitled to reduce the PEG contribution to match that of the other Cable Operator(s).
(3) Upon request, the Grantor shall provide a report not more than annually to the Grantee on the use of the funds provided to the Grantor under this Section 10(C). The annual report shall be submitted to Grantee within forty-five (45) days after the date the Grantor receives the request. Grantee may review Records of the Grantor and its designees regarding the use of funds described in such report. Grantee may review Records of the Grantor, and any PEG access providers receiving the funds, regarding the use of funds provided and channels, to verify that the funds have been used in accordance with this Agreement.
(4) Grantee agrees that financial support or costs arising from or relating to the obligations set forth in this Section 10(C) shall in no way modify or otherwise affect the Grantee's obligations to pay Franchise fees to the Grantor. Grantee agrees that although the sum of Franchise fees and the payments set forth in this Section may total more than five percent (5%) of the Grantee's Gross Revenues in any twelve (12) month period, the additional commitments shall not be offset or otherwise credited in any way against any past, ...
Support for Access Costs. (a) Beginning with the effective date of this Agreement, and continuing throughout its term, Grantee shall provide $0.80 per month, per Residential Subscriber for Public, Educational, and Governmental Access capital costs, or such lesser amount if authorized by Grantor. The contribution shall be payable by the Grantee to the Grantor after (1) the approval of Grantor, if required, to the inclusion of the contribution on the bills of Residential Subscribers, including any requirements for approval pursuant to 47 C.F.R. Section 76.922, (2) notice, approved by the Grantor, to the Grantee's Residential Subscribers of such inclusion, and (3) the collection of the contribution from such Residential Subscribers. The Grantee shall make such payments quarterly, following the effective date of this Franchise 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 days following the end of the quarter.
(b) Grantor shall provide a report annually to the Grantee on the use of the funds provided to the Grantor under this Section 6.6.
Support for Access Costs. (A) As of the Effective Date of this Franchise Agreement, Grantee is providing thirty cents ($0.30) per month per Residential Subscriber (the "PEG Contribution") to be used solely for capital costs related to Public, Educational and Governmental Access, or as may be permitted by Applicable Law. Upon ninety (90) days written notice from the Grantor, the PEG Contribution may be increased to up to fifty cents ($0.50) per month per Residential Subscriber. Any written request by Grantor to increase the PEG Contribution from its then current level shall be effective ninety (90) days after the date of such written request. Grantee shall make PEG Contribution payments quarterly, following the effective date of this Franchise 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 sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access.
(B) During the term of this Franchise, Grantee may inquire of Grantor about the PEG Contribution being collected at that time. Upon Grantee’s request, Grantor shall meet with Grantee to discuss issues related to the PEG Contribution in good faith and the parties may mutually agree to adjust the PEG fee accordingly.
Support for Access Costs. Grantee shall provide the Grantor $0.50 cents per month, per Residential Subscriber in the Franchise Area for capital costs related to public, educational, and governmental access facilities including but not limited to equipment acquisition or replacement, or such lesser amount if authorized by Grantor. The 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. If Grantor enters into a franchise agreement or amends an existing franchise agreement with another cable operator after the effective date of this Franchise to provide Cable Service in all or any portion of the Grantee’s Franchise Area that includes PEG financial support calculated based on a per month, per residential subscriber basis that is less than $0.50 cents per month, per residential subscriber, then Grantee shall be entitled to reduce the PEG contribution to match that of the other cable operator or operators.
Support for Access Costs. (a) Beginning with the first video services rate increase by Grantee after the effective date of this renewal franchise and by no later than March 1, 2012, Grantee shall provide eighty cents ($ .80) per month, per Residential Subscriber for Public, Educational and Government Access capital costs, or such lesser amount if authorized by Grantor. The contribution shall be payable by the Grantee to the Grantor after (1) the approval of Grantor, if required, to the inclusion of the contribution on the bills of Residential Subscribers, including any requirements for approval pursuant to 47 C.F.R. Section 76.922, (2) notice, approved by the Grantor, to the Grantee's Residential Subscribers of such inclusion, and (3) the collection of the contribution from such Residential Subscribers. The Grantee shall make such payments quarterly, following the effective date of this Franchise 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 days following the end of the quarter.
(b) Upon request, Grantor shall provide a report annually to the Grantee on the use of the funds provided to the Grantor under this Section 6.6.
