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2024 Ordinances
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12/12/2024 12:24:06 PM
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1/31/2024 10:52:52 AM
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request by the LFA, the Franchisee shall, pursuant to this Article 5, provide to the LFA one (1) <br />additional digital PEG Channel (the "Additional PEG Channel"), so long as such requirement <br />applies equally to all cable operators within the LFA and such Additional PEG Channel originates <br />at one of the two PEG Locations set forth in Subsection 5.1.4. Any Additional PEG Channel <br />provided pursuant to this Section 5.1.2. that is not utilized by the locality for at least eight (8) hours <br />per day shall no longer be made available to the LFA and may be programmed at the Franchisee's <br />discretion. At such time as the LFA can certify to the Franchisee a schedule for at least eight (8) <br />hours of daily programming for a period of three (3) months, the Franchisee shall restore the <br />previously re -allocated Additional PEG Channel. <br />5.1.3. The LFA hereby authorizes Franchisee to transmit such programming <br />within and without LFA jurisdictional boundaries. Franchisee specifically reserves its right to <br />make or change channel assignments in its sole discretion. <br />5.1.4. Franchisee shall provide and maintain upstream equipment and facilities <br />necessary to transmit the current PEG signals from the following PEG signal origination points <br />located at (i) City Hall (5th floor), 801 Crawford Street and (ii) I.C. Norcom High School, 1801 <br />London Blvd. However, should the City decide to relocate the current PEG signal origination <br />points described herein or request additional PEG signal origination points, the City shall be solely <br />responsible for all related costs and expenses. <br />5.1.5. Notwithstanding the obligations in 5.1.4, Franchisee shall not be obligated <br />to provide LFA with either cablecast equipment and facilities or personnel responsible for <br />maintaining and operating such cablecast equipment and facilities used to generate any such PEG <br />signals. <br />5.2. PEG Grant <br />5.2.1. Franchisee shall provide a PEG Capital Fee to the LFA (the "PEG Capital <br />Fee") as set forth in this Subsection 5.2.1. The PEG Capital Fee shall be used by the LFA to support <br />the capital costs of PEG Access Channel facilities. <br />5.2.1.1. The PEG Capital Fee shall be the sum of fifty cents ($0.50) per <br />month, per Subscriber in the Service Area to Franchisee's Basic Service Tier. The PEG Capital <br />Fee shall be delivered to the LFA within forty-five (45) days after the beginning of each calendar <br />quarter during the Franchise Term. Calculation of the PEG Capital Fee will commence on the <br />Effective date of this Franchise as defined herein. <br />5.2.1.2. If the Franchisee fails to materially comply with timely and full <br />payment of the PEG Capital Fee pursuant to Subsections 5.2.1.1, Franchisee agrees to pay the legal <br />rate of interest set forth at Section 6.1-330.53 of the Virginia Code (currently, six percent (6%) per <br />annum). <br />5.2.1.3. Franchisee shall deliver all PEG Capital Fee payments to the <br />following address, which LFA may change at any time by providing written notice thirty (30) days <br />
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