Ordinance 1138-85 - Laserfiche WebLink

(a ) Equipment. Franchisee will provide, upon enactment of this Ordinance, adequate portable one-half inch video equipment for the use of residents of the City of Everett. (b) Additional Channel . In the event that the Community Programming channel is used to ninety percent (90% ) or greater capacity, through the cable casting of non-repeated access television productions, for thirteen (13 ) consecu- tive weeks, then Franchisee shall, within one month of request by City, designate an additional Community Program- ming channel, provided that an unprogrammed channel is available for such designation. In computing the percent- age of capacity utilization, only the time period of 9: 00 a.m. to 11:00 p.m. shall apply. Programming originated by Franchisee shall not be considered in computing the utilization percentage . (c ) Channel Capacity. In no event shall the Franchisee be required to expand its existing channel capacity to accommodate the designation of an additional Community Programming channel . (d) Reduced Utilization. If the combined programming on both Community Programming channels declines and can be accommodated on one Community Programming channel , Franchisee may discontinue one Community Programming channel until such time as the above utilization again merits an additional Community Programming channel . (e ) Arbitration. In the event the City and Franchisee are unable to reach agreement as to whether the tests of Subsections 12(b) and 12(d ) are satisfied, the parties agree to resolve such questions by arbitration. The City shall select an arbitrator who is knowledgeable in cable communications matters and Franchisee shall select a similarly qualified person. The two arbi- trators selected by the parties shall select a third arbitrator. The decision of the majority of the arbitrators shall be binding and conclusive upon the parties for purposes of Subsections 12(b) and 12(d) . Section 13. Training. Franchisee will without charge provide training for interested citizens of the City in the use of portable one-half inch video equipment. The Franchisee will develop a set of procedures for both the training and for proper use of this equipment. Section 14. Institutional Channel . Franchisee will provide one (1 ) forward Institutional Channel on the subscriber network. The video signal may be scrambled for use with Descramblers to be supplied by the Franchisee without charge . The eligibility of institutions for the Institutional Channel will be determined by the City subject to the condition that each location be within one hundred fifty (150) feet of Franchisee ' s existing system. When not in use by the institutions the Franchisee may have the right to use such facility. Section 15. Addressability and Other Interactive Services. The City may require Franchisee to provide addressability and/or other Interactive Services to all Subscribers at such time as fifty percent (50% ) of communities in the United States with similar size as determined by trade reference books have such specific services functionally active. (a ) Arbitration. In the event the City and Franchisee ORDINANCE - 7 5-21-85