Common use of Support for Access Costs Clause in Contracts

Support for Access Costs. The City has determined that it will not require a fee for capital costs related to Public, Educational and Governmental Access and the web based on demand Access programming described in Section IX.A.10, or as may be permitted by Applicable Law (“PEG Contribution”) as of the Effective Date of this Franchise. During the term of this Franchise Agreement, but no sooner than six (6) months after the Franchise Fee has been increased to five percent (5%) of Gross Revenues pursuant to Section XVIII.A, the City may provide written notice to Operator indicating an intent to impose a PEG Contribution of up to fifty cents ($0.50) per month per Residential Subscriber. Within thirty (30) days of such notice, or such other time as the parties may mutually agree, the City and Operator shall meet to review prior PEG expenditures and future capital plans of the City and/or its Designated Access Providers. Upon the City’s presentation of information that it and/or its Designated Access Providers have reasonable PEG capital needs which will benefit from the PEG Contribution of up to fifty cents ($0.50) per month per Residential Subscriber, and if the City Council by resolution confirms that such PEG Contribution meets the community’s needs and interests, taking into account the costs, and provided that all other Cable Operators providing Cable Services in the City are required to pay the same PEG Contribution, Operator shall begin making PEG Contribution payments no later than ninety (90) days after approval by the City Council. All PEG Contribution payments shall be made quarterly for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than thirty (30) days following the end of the quarter. City shall have sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access. To the extent the City makes Access capital investments using City funds prior to receiving necessary PEG Contribution funds, the City is entitled to apply subsequent PEG Contribution payments from Operator toward such City capital investments.

Support for Access Costs. The City has determined that it will not require a fee for capital costs related to Public, Educational and Governmental Access and the web based on demand Access programming described in Section IX.A.109.5, or as may be permitted by Applicable Law (“PEG Contribution”) as of the Effective Date of this Franchise. During the term of this Franchise Agreement, but no sooner than six (6) months after the Franchise Fee has been increased to five percent (5%) of Gross Revenues pursuant to Section XVIII.A3.1, the City may provide written notice to Operator Grantee indicating an intent to impose a PEG Contribution of up to fifty cents ($0.50) per month per Residential Subscriber. Within thirty (30) days of such notice, or such other time as the parties may mutually agree, the City and Operator Grantee shall meet to review prior PEG expenditures and future capital plans of the City and/or its Designated Access Providers. Upon the City’s presentation of information that it and/or its Designated Access Providers have reasonable PEG capital needs which will benefit from the PEG Contribution of up to fifty cents ($0.50) per month per Residential Subscriber, and if the City Council by resolution confirms that such PEG Contribution meets the community’s needs and interests, taking into account the costs, and provided that all other Cable Operators providing Cable Services in the City are required to pay the same PEG Contribution, Operator Grantee shall begin making PEG Contribution payments no later than ninety (90) days after approval by the City Council. All PEG Contribution payments shall be made quarterly for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than thirty (30) days following the end of the quarter. City shall have sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access. To the extent the City makes Access capital investments using City funds prior to receiving necessary PEG Contribution funds, the City is entitled to apply subsequent PEG Contribution payments from Operator Grantee toward such City capital investments.