Additional HD Access Channels Clause Samples

Additional HD Access Channels. (1) Grantee shall provide and Activate up to one (1) more of the existing Access Channels in HD format Access Channels, for a total of four (4) HD format Access Channels subject to the conditions in Section 9.5 (A) (4), 12 months after the date set forth in Section 9.5. (2) Grantee shall provide and Activate up to one (1) more of the existing Access Channels in HD format Access Channels, for a total of five (5) HD format Access Channels, subject to the conditions in Section 9.5 (A) (4), 24 months after the date set forth in Section 9.5. (3) Grantee shall provide and Activate up to one (1) more of the existing Access Channels in HD format Access Channels, for a total of six (6) HD format Access Channels, subject to the conditions in Section 9.5 (A) (4), 36 months after the date set forth in Section 9.5. (4) Activation of HD format Access Channels under this Section 9.5 (A) shall occur under the following conditions: (a) The Grantor shall notify Grantee in writing of its need to activate the HD format Access Channels under this Section and shall provide notice to Grantee that the following criteria have been met: (i) At least 80% (eighty percent) of the basic service tier channels excluding PEG Access Channels are provided in HD format; (ii) At least 80% (eighty percent) of the Access Programming carried on the SD format Channel, which the Grantor has identified as the Channel to be carried in a HD format Channel, has been produced in an HD format for any three-month time period prior to the notice provided under this Section; (iii) Not more than 50% (fifty percent) of the Access Programming carried on the SD format Channel, which the Grantor has identified as the Channel to be carried in a HD format Channel, is character-generated only Programming for any three- month time period prior to the notice provided under this Section; and (iv) At least twenty –five percent (25%) of Grantee’s cable subscribers within the Franchise Area regularly views programming carried on the SD format Channel, which the Grantor has identified as the Channel to be carried in a HD format. For the purpose of this subsection, “regularly views” means viewing programs on the channel at least twice per month. A survey of ▇▇▇▇▇▇▇’s cable subscribers within the Franchise Area mutually agreed upon by ▇▇▇▇▇▇▇ and Grantor may be conducted, and the cost of the survey shall be shared equally between Grantor and ▇▇▇▇▇▇▇. In lieu of the survey, the parties may mutually agree to utilize viewersh...
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