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17.01.121. Educational and governmental access

            Upon request by the City, Grantee shall make available one channel to be used for educational and governmental access use.  When first-run programming on the access channel occupies fifty percent (50%) of the hours between 11:00 a.m. and 11:00 p.m., for any twelve (12) consecutive weeks, the City may request the use of an additional channel for the same purpose.  The additional channel must maintain programming twenty-five percent (25%) of the hours of 11:00 a.m. and 11:00 p.m. for twelve (12) consecutive weeks.  Additional EG channels may be obtained by the Grantor in the same manner.  If this level of programming is not maintained, the channel will return to the Grantee for its use.  Grantee also reserves the right to program the designated education and governmental channels during the hours not used by the City or other governmental entities.  The channels(s) shall be shared with the municipalities receiving programming from the Davis County headend.  The City shall agree to indemnify, save, and hold harmless, Grantee from and against any liability resulting from use of the aforementioned education and governmental channel(s) by the City.

            No charges may be assessed by Grantee for channel time for programming on the specially designated educational and governmental access channel(s) referenced in this Section.  Each user of the educational and governmental access channel(s) shall be responsible for the operation of their own channel(s) and pay their own costs of operation and programming.  Grantee shall have the right to recover the costs for establishing educational and governmental access channel(s), and the costs for capital grants pursuant to this Agreement as hereafter provided as an external pass through to Subscribers; provided, however, that such expense as Grantee incurs in voluntary assistance to access users shall not be an external pass through nor a credit against the fee paid pursuant to this Section.

            The Grantee may assess reasonable charges to any use for technical or other support other than for channel time when such support is requested by the user.

            The City, with the assistance of educational institutions, shall be responsible for rules pertaining to the administration of the governmental and educational access channels respectively, and costs of operation of said channels shall be borne by the users of each category, as required by this Section.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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