Common use of PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS Clause in Contracts

PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS. 17.1 Franchisee shall comply with applicable Federal and State law, rules, and regulations pertaining to non-commercial public, educational, and governmental (PEG) access to the System. 17.2 In order to ensure availability of public, educational and government programming, Franchisee shall provide to Municipality up to one (1) dedicated Public Access Channel, up to one (l) dedicated Educational Access Channel, and up to one (l) dedicated Government Access Channel (collectively, PEG Channels). 17.2.1 If a PEG Channel is not being utilized by the Municipality, Franchisee may utilize such PEG Channel, in its sole discretion, until such time as the Municipality elects to utilize the PEG Channel for its intended purpose. In the event that the Municipality determines to use PEG capacity, the Municipality shall provide Franchisee with prior written notice of such request in accordance with NYPSC rules and regulations. 17.3 Franchisee shall provide the Municipality and the residents of the Municipality with equitable access to all non-commercial PEG access services provided by Franchisee as part of its PEG access policies, rules, and procedures. Should Franchisee’s said policies, rules, and procedures be inconsistent with the standards established in Section 895.4 of the rules of the NYSPSC pertaining to non-commercial governmental, educational or public access, such rules shall govern. 17.4 All PEG channels provided by Franchisee may be offered in any format using any transmission method. 17.5 Franchisee shall continue to maintain an insertion point at Town Hall, which shall include a fiber-optic transmitter, for the purpose of permitting the Municipality to originate non- commercial government/education access programming on the lowest digitally transmitted service tier on System from such location. 17.6 In consideration of the grant of the rights in this Agreement for the term described herein, and subject to Sections 17.6.1 through 17.6.3 below, Franchisee shall tender to Municipality, for the support of PEG access capital needs, a total of fifty thousand dollars ($50,000.00) (the “▇▇▇ ▇▇▇▇▇”) payable in two (2) installments as follows: (i) the first installment of the ▇▇▇ ▇▇▇▇▇ in the amount of Twenty Five Thousand Dollars ( $25,000) shall be due and payable within forty five (45) days of the effective date of this Agreement; and (ii) the final installment of the ▇▇▇ ▇▇▇▇▇ in the amount of Twenty Five Thousand Dollars ( $25,000) shall be due and payable by the fifth anniversary of the effective date of this Agreement. Municipality shall use the ▇▇▇ ▇▇▇▇▇ only for PEG access capital support. All capital equipment and improvements purchased with the ▇▇▇ ▇▇▇▇▇ shall be the property of the Municipality and for the sole benefit of Franchisee’s subscribers. 17.6.1 Upon thirty (30) days prior written request, Municipality shall provide Franchisee with a written report detailing Municipality’s PEG-related expenditures for the prior 17.6.2 In accordance with 16 NYCRR 895.1(f), The Municipality shall impose the same obligations as those in this Section 17.6 on all new and renewed providers of Cable Service in the Municipality. 17.6.3 In any event, if any new or renewed franchise agreement contains obligations that are lesser in amount than the obligations imposed in this Section 17.6, Franchisee’s aggregate obligations under Section 17.6 shall be reduced to an equivalent amount. To the extent such a reduction is not sufficient to make the total obligations of this Franchise equivalent to the new or renewed franchise, Franchisee may deduct from future Franchise Fee payments an amount sufficient to make the obligations of this Franchise equivalent to the new or renewed franchise. 17.7 To the extent permitted by and consistent with applicable law, Franchisee may, in its sole discretion, pass through to subscribers the costs of support for PEG access provided in this Agreement. 17.8 The Franchisee shall have no copyright, trademark or other intellectual property right in any government/education programming produced by the Municipality.

PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS. 17.1 Franchisee shall comply with applicable Federal and State law, rules, and regulations pertaining to non-commercial public, educational, and governmental (PEG) access to the System. 17.2 In order to ensure availability of public, educational and government programming, Franchisee shall provide to Municipality up to one (1) dedicated Public Access Channel, up to one (l) dedicated Educational Access Channel, and up to one (l) dedicated Government Access Channel (collectively, PEG Channels). 17.2.1 If a PEG Channel is not being utilized by the Municipality, Franchisee may utilize such PEG Channel, in its sole discretion, until such time as the Municipality elects to utilize the PEG Channel for its intended purpose. In the event that the Municipality determines to use PEG capacity, the Municipality shall provide Franchisee with prior written notice of such request in accordance with NYPSC rules and regulations. 17.3 Franchisee shall provide the Municipality Village, and the residents of the Municipality Village with equitable access to all non-commercial PEG access services provided by Franchisee as part of its PEG access policies, rules, and procedures. Should Franchisee’s said policies, rules, and procedures be inconsistent with the standards established in Section 895.4 of the rules of the 17.3 Upon 60 days prior written notice by the NYSPSC pertaining Village, during the term of this Agreement, Franchisee shall make the Town of Tuxedo government access channel available to non-commercial governmentalFranchisee’s subscribers in the Village, educational or public access, such rules shall govern.subject to the following: 17.4 a) All PEG channels provided by the Franchisee may be offered in any format using any transmission method. 17.5 b) Franchisee shall continue specifically reserves the right to maintain an insertion point at Town Hall, which shall include a fiber-optic transmitter, for the purpose of permitting the Municipality to originate non- commercial government/education access programming on the lowest digitally transmitted service tier on System from such locationmake or change channel assignments in its sole discretion. 17.6 c) Franchisee’s obligation to provide the Town of Tuxedo government access channel to its subscribers in the Village, pursuant to this Section 17.3, shall cease if and when the Village or its lawful designee commences the administration of the Village’s own government access channel. 17.4 In consideration of the grant of the rights in this Agreement for the term described herein, and subject to Sections 17.6.1 through 17.6.3 belowSection 17.4(a)-(c), Franchisee shall tender to MunicipalityVillage, for the support of PEG access capital needs, a total of fifty thousand dollars One Thousand Seven Hundred Dollars ($50,000.00) (the “▇▇▇ ▇▇▇▇▇”) payable in two (2) installments as follows: (i) the first installment of the ▇▇▇ ▇▇▇▇▇ in the amount of Twenty Five Thousand Dollars ( $25,000) shall be due and 1,700), payable within forty five sixty (4560) days of the effective date of this Agreement; and (ii) the final installment of the ▇▇▇ ▇▇▇▇▇ in the amount of Twenty Five Thousand Dollars ( $25,000) shall be due and payable by the fifth anniversary of the effective date of this Agreement. Municipality The Village shall use the ▇▇▇ ▇▇▇▇▇ funds described in this Section 17.4 only for PEG access capital support. All capital equipment and improvements purchased with the ▇▇▇ ▇▇▇▇▇ shall be the property of the Municipality support and for the sole benefit of Franchisee’s subscribers. 17.6.1 Upon thirty (30) days prior written request, Municipality shall provide Franchisee with a written report detailing Municipality’s PEG-related expenditures for the prior 17.6.2 In accordance with 16 NYCRR 895.1(f), The Municipality shall impose the same obligations as those in this Section 17.6 on all new and renewed providers of Cable Service in the Municipality. 17.6.3 In any event, if any new or renewed franchise agreement contains obligations that are lesser in amount than the obligations imposed in this Section 17.6, Franchisee’s aggregate obligations under Section 17.6 shall be reduced to an equivalent amount. To the extent such a reduction is not sufficient to make the total obligations of this Franchise equivalent to the new or renewed franchise, Franchisee may deduct from future Franchise Fee payments an amount sufficient to make the obligations of this Franchise equivalent to the new or renewed franchise. 17.7 17.5 To the extent permitted by and consistent with applicable law, Franchisee may, in its sole discretion, pass through to subscribers the costs of support for PEG access provided in this Agreement. 17.8 The Franchisee shall have no copyright, trademark or other intellectual property right in any government/education programming produced by the Municipality.