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17.01.122. Capital contributions
At any time during the term of this Agreement the City may require that the Grantee prospectively provide a "Capital Contribution", paid annually during the remaining term of the Franchise, to be used specifically for educational and governmental access to cable services as provided for in Section 17.01.121 ("Educational and Government Access"). The City shall give the Grantee sixty (60) days notice of such a requirement. The amount of the Capital Contribution payable by the Grantee to the City shall not exceed One Dollar and Twenty Cents ($1.20) per year per equivalent billing unit. For purposes of this Section, Subscribers to bulk rate service shall be calculated by dividing the annual bulk rate charge by the annual subscription rate for individual households corresponding to the level of service received by the bulk rate Subscriber. The City agrees that all amounts due to the City by the Grantee as the Capital Contribution may be added to the price of cable services, prorated monthly, and collected from the Grantee's Subscribers as "external costs," as such term is used in 47 C.F.R. 76.922. In addition, all amounts paid as the Capital Contribution may be separately stated on Subscribers' bills as permitted in 47 C.F.R. 76.985. The Capital Contribution will be payable by Grantee to the City after; a) the approval of the City, if required to the inclusion of the Capital Contribution on Subscribers' bills including any required approval pursuant to 47 C.F.R. 76.933; b) notice to Grantee's Subscribers of the inclusion; and c) the collection of the Capital Contribution by the Grantee from its Subscribers. Each payment will be due to the City from the Grantee forty-five (45) days after the end of each calendar quarter. The above payments are not to be considered in the calculation of Franchise Fees pursuant to this Chapter.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999