§ 5.36.310. Public, educational and governmental access and interconnect.

(a)

Every CATV System licensed pursuant to the provisions of this chapter shall provide up to five video channels for public, educational and governmental (PEG) access pursuant to the provisions of the Communications Act §611 (47 U.S.C. 531) to customers whose signal, from inception through delivery, passes through any equipment or device which is located on city property. The PEG channels shall be assigned by the city in its sole discretion as public, educational or governmental. PEG channels may, in the city's sole discretion and to the extent permitted by law, be utilized for intranet purposes, provided, however, that the city shall not sell or lease capacity on the PEG channels except to other governmental agencies (including schools). PEG channel(s) shall be active on the CATV system within 60 days of receiving notice from the city to activate such channel.

(b)

The city may operate the PEG channels directly or contract with outside entities (including the licensee) to do so. All PEG channels shall be carried by the licensee on its least expensive tier of services, including its basic tier or lifeline services.

(c)

In the event that the licensee is providing services beyond the corporate limits of the city, it shall limit the distribution of the PEG channels to the city unless the city authorizes wider distribution. The city may designate one or more of the PEG channels to be shared with other governmental entities for regional programming purposes. The licensee shall provide regional interconnection of its CATV system to adjoining or neighboring jurisdictions within the region and shall carry such PEG content originating in regional systems or other cable television systems within the city as the city may designate. Provided, however, that the licensee shall not be bound by these interconnection requirements if interconnection is impractical or infeasible due to the refusal of other cable operators to share equitably in the cost of interconnection. Any denial of interconnection by a licensee shall be subject to the reasonable review and reversal of the city council.

(d)

The licensee shall be responsible for providing and maintaining at least two programming sources for each PEG channel, at locations within the city designated by the city manager.

(e)

The licensee shall not gain any ownership rights to any of the content required to be carried over the PEG channels by this section by reason of the requirement to carry or broadcast such content.

(Ord. 747B §3(part), 2003)