Common use of Support for Access Costs Clause in Contracts

Support for Access Costs. I. At any time during the Term of this Franchise once Grantee’s cable system is operational, within one hundred twenty (120) days of written notice from the Grantor per Section 8.5.A.1, Grantee will pay a PEG Support fee in the amount of one dollar, ($1.00) per subscriber per month, which funds will be used in accordance with applicable federal law. Nothing in this Section 8.5 will be viewed as a waiver of Grantor’s rights to use the funds provided for any lawful purpose permitted under applicable federal law. Grantee will make such payments in conjunction with and at the same frequency as franchise fees. [NOTE: CITIES SHOULD CROSS REFERENCE OTHER CABLE FRANCHISES THEY HAVE AND OTHER CABLE FRANCHISES IN THE AREA WHEN DECIDING THE PEG SUPPORT FEE IN THIS SUBSECTION.] a. PEG support payments to the Grantor will be accompanied by such information allowing the Grantor to easily verify compliance with this Section, including monthly subscriber numbers, and if needed or requested any such information Grantor reasonably deems required to verify compliance. Grantee will provide information to the Grantor within 30 (thirty) days without any cost to Grantor. b. Both parties agree that Support for Access Costs is a material provision and subject to the terms specified in Section 3.5.B. II. Both parties agree that the PEG Access fee and the Additional Financial Support for PEG Access, if allowed by law, may be passed through to Subscribers. However, Grantee will not reduce or alter payments to the Grantor based on passed through amounts or amounts collected from subscribers. Payments will be calculated on the number of subscribers multiplied by the amount per subscriber, without reduction or off-set of any kind. III. If at any time after twelve (12) months of the PEG fee being paid to Grantor, the Grantor fails to operate the PEG Access Channel, Grantee may, after providing at least one hundred twenty (120) days written notice to Grantor, discontinue the PEG Access fee unless the Grantor operates the PEG Access channel within the one hundred twenty (120) day notice period. IV. Grantor agrees that the sections of any network infrastructure developed using PEG support funds that are used to transport PEG programming shall be readily identifiable, for their exclusive use for internal, institutional purposes only and shall not be made available to any other public or private entity. V. Should Grantee continue to provide Cable Services after the expiration of this Franchise and Grantor has activated a PEG channel, Grantee will continue to provide support of PEG Access as detailed in this Section 8.5.

Support for Access Costs. I. At any time during the Term term of this Franchise once Grantee’s cable system is operational, within one hundred twenty (120) days of written notice from the Grantor per Section 8.5.A.16.5.A.1, Grantee will pay a PEG Support fee in the amount of one dollarfifteen cents, ($1.000.15) per subscriber per month, which funds will be used in accordance with applicable federal law. Nothing in this Section 8.5 6.5 will be viewed as a waiver of Grantor’s rights to use the funds provided for any lawful purpose permitted under applicable federal law. Grantee will make such payments in conjunction with and at the same frequency as franchise fees. [NOTE: CITIES SHOULD CROSS REFERENCE OTHER CABLE FRANCHISES THEY HAVE AND OTHER CABLE FRANCHISES IN THE AREA WHEN DECIDING THE PEG SUPPORT FEE IN THIS SUBSECTION.] a. PEG support payments to the Grantor will be accompanied by such information allowing the Grantor to easily verify compliance with this Section, including monthly subscriber numbers, and if needed or requested any such information Grantor reasonably deems required to verify compliance. Grantee will provide information to the Grantor within 30 (thirty) days without any cost to Grantor. b. Both parties agree that Support for Access Costs is a material provision and subject to the terms specified in Section 3.5.B. II. Both parties agree that the PEG Access fee and the Additional Financial Support for PEG Access, if allowed by law, may be passed through to Subscribers. However, Grantee will not reduce or alter payments to the Grantor based on passed through amounts or amounts collected from subscribers. Payments will be calculated on the number of subscribers multiplied by the amount per subscriber, without reduction or off-set of any kind. III. If at any time after twelve (12) months of the PEG fee being paid to Grantor, the Grantor fails to operate the PEG Access Channel, Grantee may, after providing at least one hundred twenty (120) days written notice to Grantor, discontinue the PEG Access fee unless the Grantor operates the PEG Access channel within the one hundred twenty (120) day notice period. IV. Grantor agrees that the sections of any network infrastructure developed using PEG support funds that are used to transport PEG programming shall be readily identifiable, for their exclusive use for internal, institutional purposes only and shall not be made available to any other public or private entity. V. Should Grantee continue to provide Cable Services after the expiration of this Franchise and Grantor has activated a PEG channel, Grantee will continue to provide support of PEG Access as detailed in this Section 8.56.5.