Ordinance 3077-08 - Laserfiche WebLink

outlet requiring more than one hundred twenty five (125) feet of drop cable; provided, however, that Franchisee shall charge for provision of Basic Service to the additional service outlets once installed. Cable Service may not be resold or otherwise used in contravention of Franchisee's rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen, or damaged. 4. SYSTEM OPERATION The parties recognize that Franchisee's FTTP Network is being constructed and will be operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities. The terms of this Franchise do not modify or alter the jurisdiction of the City over such Telecommunications Facilities, which jurisdiction is restricted by federal and state law. The City agrees that this Franchise does not give the City additional authority over Franchisee's FTTP Network in contravention of the limitations set forth in federal and state law. 5. EMERGENCY ALERT SYSTEM 5.1 Emergency Alert System: 5.1.1 Franchisee shall comply with the Emergency Alert System("EAS") requirements of the FCC in order that emergency messages may be distributed over the System. 6. PEG SERVICES 6.1 PEG Set Aside: 6.1.1 In order to ensure universal availability of public, educational and government("PEG")programming, Franchisee shall provide on the Basic Service Tier one dedicated Government Access Channel. In addition, Franchisee shall provide on the Basic Service Tier, one dedicated Educational Access Channel, within one hundred twenty(120) days from receipt of the City's written request to activate such Educational Access Channel, provided that all other cable providers in the Service Area are required to similarly provide such Educational Access Channel. 6.1.2 Franchisee will reserve two (2) additional PEG Access Channels dedicated exclusively to PEG purposes and will make available such additional PEG Access Channels pursuant to the following criteria: 6.1.2.1 City must provide Franchisee written documentation(e.g., programming schedules for the existing PEG Access Channel(s)) of its need for additional programming capacity that cannot be fulfilled by existing PEG Access Channel(s). Such need may be demonstrated by the use of the existing PEG Access Channel(s) for PEG programming within the City for at least eight (8)hours per day, which programming for purposes of this calculation shall not include character-generated programming; 6.1.2.2 All cable providers within the Franchise Area similarly provide such additional PEG Access Channel; and EVERETT 11 Seattle-3388207.8 0010932-00119