Common use of PEG Set Aside Clause in Contracts

PEG Set Aside. 6.1.1. In order to ensure universal availability of public, educational and government programming, within one (1) year of the Effective Date of this Agreement, Franchisee shall provide three (3) HD PEG Access Channels on the Basic Service Tier. The HD PEG Access Channels shall be designated as follows: one (1) dedicated County Government Access Channel, one (1) Government Access Channel dedicated to carrying programming related to towns within the County, and one (1) Education Access Channel dedicated to the Loudoun County Public Schools (collectively, "PEG Channels"). Franchisee shall maintain the current standard definition (SD) PEG Access Channels for one (1) year following the provision of the corresponding HD PEG Access Channels. After such time, the corresponding SD PEG Access Channels can be reclaimed by Franchisee. The SD PEG Access Channel dedicated to higher education shall be maintained for the term of the Franchise Agreement, provided, however, that if the ▇▇▇▇▇▇ ▇▇▇▇▇ University Channel, or another channel that is (i) operated by a ▇▇▇▇▇▇▇ college or university; (ii) already carried on the Cable System, and (iii) designated by the County as an Educational Access Channel, is provided to the Franchisee in HD format, the Franchisee shall convert the corresponding existing SD PEG Access Channel to HD within six months of the date that the HD programming is provided. PEG Access Channels shall require no equipment other than the equipment used by a Subscriber to receive commercial Cable Services. The County acknowledges that if a Subscriber does not have the equipment necessary to receive commercial Cable Services in HD, the Subscriber will not be able to view PEG Channels in HD without obtaining the appropriate HD equipment and subscribing to a service package that includes HD service. 6.1.2. In addition to the PEG Access Channels in Section 6.1.1, upon one hundred eighty (180) days prior written notice, the County may request one additional HD PEG Access Channel when the cumulative time on all the existing Access Channels combined meets the following standards: at least eighty percent (80%) of the cumulative time of sixty (60) hours per week over a consecutive sixteen (16) week period has been programmed with original, non- character generated, non-commercial, non-duplicative locally produced PEG Access Channel programming. Any upgrade of current return lines or construction of new return lines required to provide the additional PEG Access Channel shall be at the Franchisee's expense. Franchisee reserves the right to pass its costs of upgrading or construction new return lines through to Subscribers in accordance with applicable law. 6.1.3. The SD PEG Access Channels shall be carried on the channel numbers assigned to them in Exhibit B. PEG Access Channel assignments shall be the same throughout the Franchise Area. Relocation of the PEG Access Channel assignments shall not take place any more frequently than every three (3) years unless it is deemed by the Franchisee to be reasonably necessary. If the Franchisee decides to relocate the channel designation for any of the PEG Access Channels, it must provide thirty (30) days prior written notice to the County, and shall reimburse the County, and/or PEG users, up to seven thousand dollars ($7,000), for all reasonable documented out-of-pocket costs incurred by the County or other PEG users, including, but not limited to, technical costs, logo modifications, stationary, promotion, and advertising. Alternatively, the Franchisee may choose to supply such equipment itself, provided such equipment is satisfactory in the reasonable judgment of the County or the affected PEG users. The requirements herein shall not apply to PEG Access Channel relocations due to factors not within Franchisee's control, including changes in the channel designation of must carry Channels or other federal, state, or local requirements. 6.1.4. The County and PEG users shall transmit PEG Access Channel programming on the channels set aside by Franchisee, as listed in Exhibit B. 6.1.5. The term ..PEG Access Return Line" refers to any of the fiber optic connections referred to in this Section 6.1.5. Franchisee shall maintain the PEG Access Return Lines existing as of the Effective Date of this Agreement, and any PEG Access Return Lines that are upgraded or replaced during the term of this Agreement. The existing PEG Access Return Lines are:

PEG Set Aside. 6.1.1. In order to ensure universal availability of public, educational and government programming, within one (1) year of the Effective Date of this Agreement, Franchisee shall provide three (3) HD PEG Access Channels on the Basic Service Tier. The HD PEG Access Channels shall be designated as follows: one (1I) dedicated County Government Access Channel, one (1I) Government Access Channel dedicated to carrying programming related to towns within the County, and one (1one(\) Education Access Channel dedicated to the Loudoun County Public Schools (collectively, "PEG Channels"). Franchisee shall maintain the current standard definition (SD) PEG Access Channels for one (1) year following the provision of the corresponding HD PEG Access Channels. After such time, the corresponding SD PEG Access Channels can be reclaimed by Franchisee. The SD PEG Access Channel dedicated to higher education shall be maintained for the term of the Franchise Agreement, provided, however, that if the ▇▇▇▇▇▇ ▇▇▇▇▇ University Channel, or another channel that is (i) operated by a ▇▇▇▇▇▇▇ Virginia college or university; (ii) already carried on the Cable System, and (iii) designated by the County as an Educational Access Channel, is provided to the Franchisee in HD format, the Franchisee shall convert the corresponding existing SD PEG Access Channel to HD within six months of the date that the HD programming is provided. PEG Access Channels shall require no equipment other than the equipment used by a Subscriber to receive commercial Cable Services. The County acknowledges that if a Subscriber does not have the equipment necessary to receive commercial Cable Services in HD, the Subscriber will not be able to view PEG Channels in HD without obtaining the appropriate HD equipment and subscribing to a service package that includes HD service. 6.1.2. In addition to the PEG Access Channels in Section 6.1.1, upon one hundred eighty (180) days prior written notice, the County may request one additional HD PEG Access Channel when the cumulative time on all the existing Access Channels combined meets the following standards: at least eighty percent (80%) of the cumulative time of sixty (60) hours per week over a consecutive sixteen (16) week period has been programmed with original, non- character generated, non-commercial, non-duplicative locally produced PEG Access Channel programming. Any upgrade of current return lines or construction of new return lines required to provide the additional PEG Access Channel shall be at the Franchisee's expense. Franchisee reserves the right to pass its costs of upgrading or construction new return lines through to Subscribers in accordance with applicable law. 6.1.3. The SD PEG Access Channels shall be carried on the channel numbers assigned to them in Exhibit B. C. Thereafter, PEG Access Channel assignments may be changed and the entity responsible for managing any affected PEG Channel shall consent to the change. PEG Channel assignments shall be the same throughout the Franchise Area. Relocation of Such change in the PEG Access Channel assignments shall not take place any more frequently than every three (3) years unless it is deemed by the Franchisee to be reasonably necessary. If the Franchisee decides to relocate change the channel designation for any of the PEG Access Channels, it must provide thirty (30) days prior written notice to the County, and shall reimburse the County, and/or PEG users, up to seven thousand dollars ($7,000), users for all reasonable documented out-of-pocket costs incurred by the County or other PEG users, including, but not limited to, technical costs, logo modifications, stationary, promotion, and advertising. Alternatively, the Franchisee may choose to supply such equipment itself, provided such equipment is satisfactory in the reasonable judgment of the County or the affected PEG users. The requirements herein shall not apply to PEG Access Channel relocations due to factors not within Franchisee's control, including changes in the channel designation of must carry Channels or other federal, state, or local requirements. 6.1.4. The County If there is no Basic Service Tier, the Franchisee shall provide the PEG Channels as part of the service provided to any Subscriber, at no additional charge, and so that the PEG users Channels are viewable by the Subscriber without the need for equipment other than the equipment that is required by every Subscriber to view any HD programming. If channels are selected through a menu system, the PEG Channels shall transmit PEG Access Channel be displayed as prominently as commercial programming on choices offered by the channels set aside by Franchisee, as listed in Exhibit B.. 6.1.5. The term ..PEG Access Return Line" refers Channels shall be carried in compliance with all applicable FCC rules. All PEG Access Channels shall meet the same FCC technical standards applicable to any of the fiber optic connections referred to in this Section 6.1.5. commercial channels carried on the Basic Tier, provided that the Franchisee shall maintain not be responsible for the production quality of PEG access programming. All PEG Access Channels shall be carried in a manner providing the same signal quality as other channels at I 080i. In addition, in the event the County desires to implement additional functionality on one or more of the PEG Access Return Lines existing as Channels comparable to additional functionality available on any other channel on the Basic Tier, the Franchisee shall cooperate with the County to make such functionality available, provided that implementation of such functionality does not require the use of additional capacity on the System, or impose any cost on Franchisee. 6.1.6. The County shall have complete control over the content, scheduling, and administration of the Effective Date of this Agreement, and any PEG Access Return Lines that are upgraded Channels and may delegate such functions, or replaced during the term a portion of this Agreementsuch functions, to an appropriate designee (referred to herein as a "PEG Production Entity"). The existing Franchisee shall not exercise any editorial control over PEG Access Return Lines are:Channel programming. 6.1.7. The County shall comply with the law regarding the non- commercial use of the PEG Access Channels.