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2025 Ordinances
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Last modified
12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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pursuant to this Section 5.1.2.1 that is not utilized by the locality for at least eight (8) hours per <br />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 <br />programming within and without LFA jurisdictional boundaries. Franchisee specifically reserves <br />its right to make or change channel assignments in its sole discretion. <br />5.1.4. PEG Connection: Franchisee shall provide and maintain upstream <br />equipment and facilities necessary to transmit the PEG Channels from the following PEG <br />origination points: (1) City Hall, 801 Crawford St., 5th Floor, Portsmouth, Virginia ("City <br />Hall"); and (2) I.C. Norcom High School, 1801 London Blvd, Portsmouth, Virginia ("Norcum <br />High School") (collectively, the "PEG Locations"). The Franchisee's obligations under this <br />Subsection 5.1.4, including its obligation to provide upstream equipment and facilities necessary <br />to transmit signals, shall be subject to the provision by the LFA, without charge to the <br />Franchisee, of: (1) access to the PEG Locations; (2) access to any required PEG equipment <br />within the PEG Locations and suitable required space, environmental conditions, electrical <br />power supply, access, and pathways within the PEG Locations; (3) video signals in a mutually <br />agreed upon format suitable for PEG Access Channel programming; (4) any third -party consent <br />that may be necessary to transmit PEG signals; and (5) any other cooperation and access to <br />facilities as are reasonably necessary for the Franchisee to fulfill the obligations stated herein. <br />The LFA shall further be responsible for ensuring that such video signals and signal feeds are <br />properly connected to the correct PEG Access Channel for distribution to Subscribers. <br />5.1.5. Notwithstanding the obligations in Section 5.1.4, Franchisee shall <br />not be obligated to provide LFA with either cablecast equipment and facilities or personnel <br />responsible for maintaining and operating such cablecast equipment and facilities used to <br />generate any such PEG signals. <br />5.2. PEG Grant: <br />5.2.1. Franchisee shall provide a PEG capital fee to the LFA (the "PEG <br />Capital Fee") as set forth in this Subsection 5.2.1. The PEG Capital Fee shall be used by the <br />LFA to support the capital costs of PEG Access Channel facilities. <br />5.2.1.1. The PEG Capital Fee shall be the sum of fifty cents <br />($0.50) per month, per Subscriber in the Service Area to Franchisee's Basic Service Tier. The <br />PEG Capital Fee shall be delivered to the LFA within forty-five (45) days after the beginning of <br />each calendar quarter during the Franchise term. Calculation of the PEG Capital Fee will <br />commence within one (1) month after the Effective Date of this Franchise as defined herein and <br />shall only be required of Franchisee so long as the same quarterly payment amount is required of <br />all other providers of Cable Service within the LFA. <br />5.2.1.2. If the Franchisee fails to materially comply with timely <br />and full payment of the PEG Capital Fee pursuant to Subsection 5.2.1.1, Franchisee agrees to <br />
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