Ordinance 3077-08 - Laserfiche WebLink

6.1.2.3 Subject to the conditions in Section 6.1.4, as long as the origination point is the PEG Access Headend (as defined below), any additional PEG Access Channel to be provided under this subsection shall be made available by Franchisee within one hundred twenty(120) days following the City's written request and verification of compliance with each of the foregoing conditions. If the origination point is not the PEG Access Headend, Franchisee's obligations under this Section 6.1.2 shall be subject to the same conditions that are applicable to the PEG Access Headend in Section 6.1.4 and the timing of the availability and other conditions will be by mutual agreement of the parties. In no event shall the origination point be located outside the Franchise Area. 6.1.3 City shall notify Franchisee of the programming to be carried on each of the PEG Access Channels set aside by Franchisee. City hereby authorizes Franchisee to transmit all PEG programming within and without City jurisdictional boundaries. Franchisee specifically reserves its right to make or change channel assignments in its sole discretion. If a PEG Access Channel provided under this Article is not being utilized by the City, Franchisee may utilize such PEG Access Channel, in its sole discretion, until such time as the City elects to utilize the PEG Access Channel for its intended purpose. 6.1.4 Franchisee shall obtain the PEG Access Channel programming via a dedicated fiber connection to the City's Access Channel headend at 802 East Mukilteo Blvd. (the "PEG Access Headend"). The Franchisee's obligations under this Subsection 6.1, including its obligation to provide upstream equipment and facilities necessary to transmit signals, shall be subject to the provision by the City, without charge to the Franchisee, of: (1) access to the PEG Access Headend facility; (2) access to any required PEG equipment within the PEG Access Headend facility and suitable required space, environmental conditions, electrical power supply, access, and pathways within the PEG Access Headend facility; (3) video signals in a mutually agreed upon format suitable for PEG Access Channel programming; (4) any third-party consent that may be necessary to transmit PEG signals (including, without limitation, any consent that may be required with respect to third-party facilities, including the facilities of the incumbent cable provider, used to transmit PEG content to the PEG Access Headend from auxiliary locations); and (5) any other cooperation and access to facilities as are reasonably necessary for the Franchisee to fulfill the obligations stated herein. The Franchisee shall, within 120 days of the Service Date or delivery of suitable video signals, whichever is later, provide, install, and maintain in good working order the equipment necessary for transmitting such signals to Subscribers. 6.2 PEG Grant: 6.2.1 Franchisee shall provide an annual grant to the City to be used in support of the production of local PEG programming (the"Annual PEG Grant"). Such grant shall be used by the City, for PEG access equipment, including, but not limited to, studio and portable production equipment, editing equipment and program playback equipment, or for renovation or construction of PEG access facilities. 6.2.2 The Annual PEG Grant provided by Franchisee hereunder shall be no greater than $1.00, per month, per Subscriber in the Service Area to Franchisee's Basic Service Tier, as determined by the City Council no more than once each year. The Annual PEG Grant is EVERETT 12 Seattle-3388207.8 0010932-00119