§ 78-296. Access channels and facilities.

(a)

It is the purpose and intent of the city to require that all franchisees provide access channels, facilities, equipment and support sufficient to meet the needs and interests of the community in light of the costs thereof with respect to public, education and government activities as set forth in this section 78-296.

(b)

A franchisee granted a franchise pursuant to this ordinance shall provide to the city, a grant for PEG capital support, as set forth in a franchise agreement.

(c)

A franchisee shall provide a minimum of one access channel and facilities dedicated to the exclusive use of the city and such other capital support for public, educational and/or governmental use as required in a franchise agreement. A franchisee shall provide at minimum one return line for each access channel then used by the city to the headend, as technically necessary for the operation of access channels referred to herein or as otherwise required by a franchise agreement. The city may increase the number of PEG access channels to a number not to exceed three, so long as a threshold use requirement is met for each channel beyond the first the city then utilizes. In order to request an additional PEG access channel, the existing PEG access channel must be programmed at least six hours a day with nonrepetitive, locally produced programming, Monday through Friday, for a minimum of six consecutive weeks. Character-generated programming shall not be included for purposes of calculating the programming requirement. Once the threshold is met and an additional access channel given any subsequent access channels must maintain the threshold requirement. After attaining the threshold requirement, if the subsequent access channels fails to meet the threshold for four consecutive months, the additional access channels may be reclaimed by franchisee upon 60 days' written notice. Under no circumstances shall the city lose the right to its first access channel. Upon request of the city, a franchisee shall cablecast to all city subscribers all Palm Beach County public, educational and/or government programming provided such request shall not increase the number of PEG access channels provided to the city above three.

(d)

During the franchise term, the franchisee shall provide, as specified in a franchise agreement or otherwise agreed to, such equipment, facilities, technical and capital support as the city commission may determine is useful for the production and cable casting of programming on the public, education and government channels.

(e)

As may be required in a franchise agreement or otherwise agreed to, a franchisee shall tape or cablecast live events held in the city as may be designated by the city.

(f)

An application for an initial grant, renewal or transfer of a franchise may, or at the city's request shall, include proposals for the provision of an institutional network interconnecting city, educational institutions and/or other public facilities as designated by the city.

(g)

An application for an initial grant, renewal or transfer of a franchise may, or at the city's request shall, subject to subsection 78-294(d), include a proposal for the interconnection of franchisee to any or all other cable systems operating within Palm Beach County for purposes of providing or sharing PEG access channels. Where applicable, an applicant shall include in the application a statement outlining the status of the interconnection of its cable system to any and all cable systems operating within Palm Beach County.

(h)

A franchise agreement may provide for additional capital grants in lieu of or in addition to some or all of the facilities, equipment, and services referenced in this section.

(i)

The facilities, equipment, monetary grant and all other support to be provided by a franchisee and as set forth in a franchise agreement constitute capital costs that are required by the franchise to be incurred by franchisee for public, educational or government access facilities within the meaning of Section 622(g)(2)(C) of the Communications Act, 47 U.S.C. § 542(g)(2)(C), and such grant does not constitute a franchise fee or tax within the meaning of the communications act, state law, city code or a franchise agreement. The city shall use the facilities, equipment, monetary grant and all other support to be provided by franchisee hereunder in a manner consistent with Section 622(g)(2)(C) of the Communications Act.

(Ord. No. 3806-04, § I, 10-25-2004)