Laserfiche WebLink
month period shall be tolled for such a period, and only for such a period, during <br /> which the Holder's ability to designate or provide such PEG capacity is <br /> technically infeasible, as set forth in Sections 5870(a), 5870(c) and 5870(h) of the <br /> Public Utilities Code. <br /> 2. A Holder shall provide an additional PEG channel when the standards set forth in <br /> Section 5870(d) of the Public Utilities Code are satisfied by the City or any entity <br /> designated by the City to manage one or more of the PEG channels. <br /> B. PEG Carriage and Interconnection. <br /> 1. As set forth in Sections 5870(b) and 5870(g)(3) of the Public Utilities Code, <br /> Holders shall ensure that all PEG channels are receivable by all subscribers, <br /> whether they receive digital or analog service, or a combination thereof, without <br /> the need for any equipment other than that needed to receive the lowest cost tier <br /> of service. PEG access capacity provided by a Holder shall be of similar quality <br /> and functionality to that offered by commercial channels, shall be capable of <br /> carrying a National Television System Committee (NTSC) quality television <br /> signal, and shall be carried on the Holder's lowest cost tier of service. To the <br /> extent feasible, the PEG channels shall not be separated numerically from other <br /> channels carried on the lowest cost tier of service and the channel numbers for <br /> the PEG channels shall be the same channel numbers used by any incumbent <br /> cable operator, unless prohibited by federal law. After the initial designation of <br /> the PEG channel numbers, the channel numbers shall not be changed without <br /> the agreement of the City unless federal law requires the change. <br /> 2. As set forth in Section 5870(h) of the Public Utilities Code, the Holder and an <br /> incumbent cable operator shall negotiate in good faith to interconnect their <br /> networks for the purpose of providing PEG programming. If a Holder and an <br /> incumbent cable operator cannot reach a mutually acceptable interconnection <br /> agreement for PEG carriage, the City shall require the incumbent cable operator <br /> to allow the Holder to interconnect its network with the incumbent cable <br /> operator's network at a technically feasible point on the Holder's Network as <br /> identified by the Holder. If no technically feasible point of interconnection is <br /> available, the Holder shall make interconnection available to each PEG channel <br /> originator programming a channel in the City and shall provide the facilities <br /> necessary for the interconnection. The cost of any interconnection shall be borne <br /> by the Holder requesting the interconnection unless otherwise agreed to by the <br /> parties. <br /> Section 6.54.060 Educational and governmental access channel fee. <br /> A. Each Holder shall remit to the City a fee to support PEG channel facilities in the amount <br /> of one percent (1 %) of the Gross Revenues. The fee shall be remitted on a quarterly <br /> basis and within 45 days of the close of each calendar quarter. Each remittance shall be <br /> accompanied by a summary explaining the basis for the calculation of the fee. If a <br /> Holder fails to pay the PEG support fee when due, or underpays the proper amount due, <br /> the Holder pay a late payment charge at the rate per year equal to the highest prime <br /> lending rate during the period of delinquency, plus one percent (1%). <br /> B. Each Holder shall furnish, on an annual basis, a statement within 90 days of the close of <br /> the calendar year, either audited and certified by an independent certified public <br />