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(ii) The open video system operator must ensure that all <br />subscribers receive all public, educational, and governmental <br />access channels within the franchise service area in which the <br />City's subscribers are located. <br /> <br />(iii) The open video system operator may negotiate with the City <br />to establish the operator's obligations with respect to public, <br />educational, and governmental access channel capacity, services, <br />facilities, and equipment. These negotiations may include the City's <br />franchised cable operator if the City, the open video system <br />operator, and the franchised cable operator so desire. <br /> <br />(iv) If the open video system operator and the City are unable to <br />reach an agreement regarding the operator's obligations with <br />respect to public, educational, and governmental access channel <br />capacity, services, facilities, and equipment within the City's <br />jurisdiction, then the following obligations will be imposed: <br /> <br />(A) The open video system operator must satisfy the <br />same public, educational, and governmental access <br />obligations as the City's franchised cable operator by <br />providing the same amount of channel capacity for public, <br />educational, and governmental access and by matching the <br />City's franchised cable operator's annual financial <br />contributions in support of public, educational, and <br />governmental access services, facilities, and equipment that <br />are actually used by the City. For in-kind contributions, such <br />as cameras or production studios, the open video system <br />operator may satisfy its statutory obligation by negotiating <br />mutually agreeable terms with the City's franchised cable <br />operator, so that public, educational, and governmental <br />access services to the City are improved or increased. If <br />such terms cannot be agreed upon, the open video system <br />operator must pay to the City the monetary equivalent of the <br />franchised cable operator's depreciated in-kind contribution, <br />or, in the case of facilities, the annual amortization value. <br />Any matching contributions provided by the open video <br />system operator must be used to fund activities arising under <br />Section 611 of the Communications Act. <br /> <br />(B) The City will impose upon the open video system <br />operator the same rules and procedures that it imposes <br />upon the franchised cable operator with regard to the open <br />video system operator's use of channel capacity designated <br />for public, educational, and governmental access use when <br />that capacity is not being used for such purposes. <br /> <br />Ordinance No. NS-2468 <br />Page 16 of 24 <br /> <br /> <br />