Common use of Access Channels Clause in Contracts

Access Channels. Franchisee shall use its best efforts to maintain the number and channel position of the access channels as shown in Appendix J, attached hereto and incorporated by reference. Franchisee shall provide the following number of dedicated access channels: three (3) channels for government access; two (2) channels for educational access; one (1) channel for public access; and one (1) channel for Kirkwood Community College. Upon the City's request, Franchisee shall activate the following additional access channels on the basic tier; one (1) channel for community programming and/or access and one (1) channel for educational access. Upon the request of the City, whenever any public access channels as set forth in this section shows documented proof of performance that they are in use 80% of the cablecast week for any 6 week consecutive timeframe, given at least 8 hours per day, 7 days per week cablecast schedule, with at least 80% (of the time the channel is programmed), unduplicated locally originated programming, the Franchisee shall make such additional access channels) available as necessary for access use within 6 months of receipt of request by the City. The City agrees to share the above listed access channels with other communities served by the same headend on a switched basis. Franchisee shall provide automatic switching from a site selected by the City for any switching needed by the City to allow City programming to be viewed within the City while other communities may be viewing other governmental programs. Other communities, such as Coralville, served by the same headend shall have remote switching capability to allow programming to be viewed within their respective municipalities while Iowa City programming continues to be viewed within the City of Iowa City. In the spectrum between 550 MHz and 750 MHz, and if Franchisee expands bandwidth, the City reserves ten percent of the bandwidth for public, educational and government access use up to 100 analog channels. Such bandwidth will be made available within six (6) months of a request by the City. The City shall make such request when the governmental, educational, and/or public access entities have demonstrated to the City that such additional capacity is needed and usage meets the formula for bandwidth activation specified above. Such additional capacity shall be dedicated for the type of access specified by the City. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise. The City may prescribe: rules and procedures under which the cable operator is permitted to use access channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated; and rules and procedures under which such permitted use shall cease.

Access Channels. Franchisee In order to meet the need for Access Channels and programming, the Grantee shall make available to the City the following Access Channels throughout the Franchise Area: (A) Two (2) Access Channels, each of which shall be made available as part of the Basic Cable Service Tier, as follows: 1) One Government Access Channel, 2) One Public Access Channel. (B) The parties acknowledge that the Boulder Valley School District (“BVSD”) currently programs education access programming in the City and other Boulder County communities on a separate Educational Access Channel provided by Grantee to BVSD. In addition to the two Access Channels described in subsection (A) above, Grantee shall continue to provide this Educational Access Channel to BVSD, and such programming shall remain as part of the Basic Cable Service Tier in the City, for so long as BVSD, in its sole discretion, continues to program the channel. If BVSD decides to stop programming the Educational Access Channel, it will revert to Grantee to use its best efforts as Grantee determines, subject to maintain this subsection (B). If BVSD has returned the Educational Access Channel described herein, and if subsequently there is a demonstrated community need and Subscriber demand for an Educational Access Channel as reasonably determined by the City, then one (1) additional Access Channel shall be made available to the City within one-hundred fifty (150) days of receipt by the Grantee of a written request from the City which demonstrates community need for an Educational Access Channel. If, in response to the City’s request, Grantee provides the Educational Access Channel pursuant to this Section, the City acknowledges that other Video Programming services may be removed from the Basic Service Tier to make this additional Access Channel available. (C) At such time when any individual Access Channel is occupied by non-character- generated programming eighty (80%) percent of the time during “regular viewing hours” for any twelve (12) consecutive week period, the City may request the use of one (1) additional Access Channel, by giving the Grantee one hundred fifty (150) days written notice. For purposes of this subsection, “regular viewing hours” shall be the hours between 3 p.m. and 11 p.m., Monday through Friday, and between noon and midnight on weekends. At no time shall the number and channel position of Access Channels exceed four (4) total. In order to qualify for an additional Access Channel, at least sixty percent (60%) of the access channels as shown in Appendix Jprogramming on the existing Access Channel must be locally produced. For purposes of this subsection, attached hereto and incorporated by reference. Franchisee shall provide “locally produced” means produced within the following number State of dedicated access channels: Colorado. (1) A program may be repeated up to three (3) channels for government access; two times after its first run during regular viewing hours. A program shall also include bulletin board material if the material consists of multiple and different text (or video and text). (2) channels If, after provision of additional Access Channel pursuant to the aforementioned criteria, the demand for educational access; one such programming is reduced to the point where over a twelve (112) channel for public access; and one (1) channel for Kirkwood Community College. Upon the City's request, Franchisee shall activate the following additional access channels week period all such programming can be scheduled on the basic tier; one (1) channel for community programming and/or access and one (1) channel for educational access. Upon the request of the City, whenever any public access channels as set forth in this section shows documented proof of performance that they are in use 80% of the cablecast week for any 6 week consecutive timeframe, given at least 8 hours per day, 7 days per week cablecast schedule, with at least 80% (of the time the channel is programmed), unduplicated locally originated programminginitial Access Channel during regular viewing hours, the Franchisee additional Channel shall make such additional access channelsbe returned to Grantee upon one hundred fifty (150) available as necessary for access use within 6 months days notice of receipt of request by its intent to reclaim the City. channel. (3) The City agrees to share the above listed access channels with other communities served by the same headend on fact that a switched basis. Franchisee shall provide automatic switching from a site selected by the City for any switching needed by the City to allow City programming to be viewed within the City while other communities Channel may be viewing other governmental programs. Other communitiesreclaimed as a result of decreased demand as provided herein, such as Coralville, served by does not preclude the same headend shall have remote switching capability to allow programming to be viewed within their respective municipalities while Iowa City programming continues to be viewed within the City of Iowa City. In the spectrum between 550 MHz and 750 MHz, and if Franchisee expands bandwidth, the City reserves ten percent of the bandwidth for public, educational and government access use up to 100 analog channels. Such bandwidth will be additional Channel from being made available within six subsequently should demand increase in accordance with this subsection (6) months of a request by the City. The City shall make such request when the governmental, educational, and/or public access entities have demonstrated to the City that such additional capacity is needed and usage meets the formula for bandwidth activation specified above. Such additional capacity shall be dedicated for the type of access specified by the City. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise. The City may prescribe: rules and procedures under which the cable operator is permitted to use access channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated; and rules and procedures under which such permitted use shall ceaseC).