Common use of PEG Set Aside Clause in Contracts

PEG Set Aside. 6.1.1. Franchisee will provide the County with up to eighteen (18) PEG Channels in the aggregate, though Franchisee reserves the right to utilize for its own purposes any portion of such PEG Channels in its own discretion, until such time as the County elects to utilize such PEG Channels for their intended purpose. Except as provided in subsection 6.7.3, each PEG Channel shall be transmitted on the Cable System in standard 6 MHz, unscrambled NTSC format so that every Subscriber can receive and display the PEG signals using the same converters and signal equipment that is used for other Basic Service Channels. Further, each PEG Channel shall be delivered with transmission quality the same as or better than the transmission quality of any other Channel on Basic Cable Service. 6.1.2. The Franchisee shall carry the programming on each of the respective PEG Channels as indicated in Exhibit D. In the future, the Franchisee shall assign the PEG Channels on its channel line up as configured elsewhere within the County to the extent such channel assignments do not interfere with any other channels or fall outside the range of the Franchisee’s respective channel lineup. The Franchisee shall not arbitrarily or capriciously change such channel assignments, and the Franchisee shall minimize the number of such changes; provided, however, that the Franchisee may change such channel assignments as it deems appropriate so long as (i) the Franchisee gives the access channel programmer ninety (90) days notice of such change (if commercially practicable) but in no event less than forty-five (45) days, and (ii) the Franchisee provides, free of charge, public announcements of such changes that shall include (A) to the extent Franchisee has advertising availability, advertising such PEG channel changes on advertising inserts on local channels carrying non-satellite programming in prime time at least thirty seconds per day for the time period of thirty (30) to fifteen (15) days prior to such change and two minutes per day for the fourteen (14) days prior to such change, and (B) providing notice of such changes in at least two monthly Subscriber bill inserts prior to such change (if commercially practicable) but in no event less than one monthly Subscriber bill insert; provided, however, that such bill inserts shall not be necessary in the event the Franchisee provides the requisite notice of such changes to all Subscribers in a letter separate from their bill.

PEG Set Aside. 6.1.1. In order to ensure universal availability of public, educational and government programming, Franchisee will shall provide, at no charge to the City, up to three (3) video Channels for noncommercial PEG use by the City (the “PEG Channels”). Programming for the City’s PEG Channels shall be determined by the City. Within ten (10) days after the Effective Date the City, shall notify Franchisee in writing of which PEG Channels are active and in use and for informational purposes only whether each such PEG Channel is an Educational Access Channel, a Governmental Access Channel or a Public Access Channel. 6.1.2. All PEG programming shall be carried on Franchisee’s Basic Service Tier. If there is no Basic Service tier, Franchisee shall provide the County with up to eighteen (18) PEG Channels as part of the lowest cost package offered to Subscribers in accordance with federal law. If Channels are selected only through a menu system, PEG Channels will be displayed as such on the menu. The City’s PEG Channels shall be transmitted to all Subscribers in the aggregateFranchise Area. Nothing herein shall prevent Franchisee from transmitting a PEG Channel to Subscribers outside the Franchise Area. Each PEG Channel shall be delivered with transmission quality the same as or better than the transmission quality of non-PEG channels carried on Franchisee’s Basic Service Tier, though Franchisee reserves subject necessary allowances for the right to utilize for its own purposes any portion of quality level in which such PEG Channels in its own discretion, until such time as Channel programming is received by the County elects to utilize such PEG Channels for their intended purposeFranchisee. 6.1.3. Except as provided in subsection 6.7.3, each Each PEG Channel shall be transmitted on the Cable System in standard 6 MHz, unscrambled NTSC format so that every Subscriber can receive and display the PEG signals using the same converters and signal equipment that is used for other Basic Service Channels. FurtherIf capacity on the Cable System dedicated for public, each educational or governmental access use is subdivided or compressed resulting in multiple transmission paths, Franchisee will transmit the PEG Channel Channels on its Cable System in this format and will reserve the capacity to provide the required PEG Channels to the City. 6.1.4. If Franchisee makes changes to Franchisee’s Cable System or its technology that require improvements or changes to PEG access facilities and equipment in order to be compatible, Franchisee shall provide any necessary additional headend and distribution facilities or equipment within thirty (30) days so that PEG facilities and equipment may be delivered used as intended with transmission quality respect to the same as or better PEG Channels specified in Subsection 6.1.1, including, among other things, so that live and taped programming can be cablecast efficiently over those Channels to Subscribers. 6.1.5. If the City hereafter requires another cable operator in the City to carry fewer PEG Channels than the transmission quality of any other Channel on Basic Cable Service. 6.1.2. The Franchisee shall carry the programming on each of the respective PEG Channels as indicated number specified in Exhibit D. In the futureSubsection 6.1.1, the Franchisee shall be required to carry the same number of PEG Channels as such other cable operator rather than the number specified in Subsection 6.1.1. 6.1.6. This Subsection shall constitute authorization to Franchisee to transmit such programming within and without the Franchise Area. Franchisee shall initially assign the PEG Channels on its channel line line-up at channel 49 or below in its reasonable discretion. If a PEG Channel provided under this Section is not being utilized by the City, Franchisee may utilize such PEG Channel, in its sole discretion, until such time as configured elsewhere City elects, in its sole discretion, to utilize the PEG Channel for its intended purpose. In the event that the City determines to use such PEG Channel, the City shall provide Franchisee with one hundred twenty (120) days prior written notice of such request. 6.1.7. PEG Channel assignments shall be uniform throughout all areas served by the Franchisee within the County to the extent such channel assignments do not interfere with any other channels or fall outside the range territorial limits of the Franchisee’s respective channel lineupCity. The Franchisee shall not arbitrarily or capriciously change such channel PEG Channel assignments, and the Franchisee shall seek to minimize the number of such changes; provided, however, that the Franchisee may change such channel PEG Channel assignments as it deems appropriate so long as (ia) the Franchisee gives the access channel Access Channel programmer ninety (90) days days’ notice of such change (if commercially practicable) practicable but in no event less than forty-five (45) days, ; and (iib) the Franchisee provides, free of charge, public announcements of such changes that shall include (Ai) to the extent Franchisee has advertising availability, advertising such PEG channel Channel changes on advertising inserts on local channels carrying non-non- satellite programming in prime time at least thirty seconds per day for the time period of thirty (30) to fifteen (15) days prior to such change and two minutes per day for the fourteen (14) days prior to such change, and (B) providing notice of such changes in at least two monthly Subscriber bill inserts prior to such change (if commercially practicable) but in no event less than one monthly Subscriber bill insert; provided, however, that such bill inserts shall not be necessary in the event the Franchisee provides the requisite notice of such changes to all Subscribers in a letter separate from their bill.thirty