ORD 2013 - Laserfiche WebLink

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