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ADELPHIA 2 - 2005
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ADELPHIA 2 - 2005
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Last modified
1/3/2012 3:16:37 PM
Creation date
6/14/2005 2:00:12 PM
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Contracts
Company Name
Adelphia Cable Television
Contract #
A-2005-130
Agency
City Attorney's Office
Council Approval Date
5/2/2005
Expiration Date
6/30/2005
Destruction Year
2010
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<br />... <br />consequence of any change in channel position, including costs of notices to subscribers and <br />modifications to descriptive literature. Ifthe change is mandated by a federal statute or <br />regulation and is not within Grantee's control, Grantee may satisfy this reimbursement <br />requirement by producing a 30-second advertising spot announcing the change in channel lineup <br />and airing it on Grantee's cable system. The total value of production and air time shall be not <br />less than $3,000. <br /> <br />4. Grantee will ensure that the signal quality for all PEG access channel <br />cablecasting is in compliance with all applicable FCC technical standards. Grantee will use <br />equipment and procedures in order to minimize the degradation of signals carried on any PEG <br />access channel that do not originate with the Grantee. Failure to comply with these standards <br />may result in liquidated damages pursuant to Subsection l1.3(b)'. <br /> <br />5. Except to the extent authorized by federal law, Grantee will not exercise <br />any editorial control over the public, educational, or governmental use of channel capacity that is <br />made available to Grantor under the provisions of this Exhibit F. <br /> <br />6. Grantee is responsible for the maintenance of the "reverse feed" <br />distribution plant that is used for the transmission of PEG access programming. Grantee is also <br />responsible for all costs associated with the maintenance of Grantee's distribution network and <br />hardware, network management, and maintenance of the modulator at Grantor's City Hall to <br />provide a feed for City TV Channel 3. <br /> <br />B. Governmental Access Channel. <br /> <br />I. Exclusive Control. The governmental access channel will be under the <br />exclusive control of the Grantor. The Grantor will select or approve the selection of all video <br />programming that is cablecast on this channel. <br /> <br />2. Dissemination of Information. Upon Grantor's request, Grantee will <br />disseminate infonnation to subscribers that is related to governmental access programming using <br />any of the following methods: (i) on Grantee's program guide channel (and any printed guides if <br />applicable), provided that Grantor provides Grantee with the information in a compatible fonnat <br />and meets any required deadlines; or (ii) as an insert in no more than two subscriber bills <br />annually, for which Grantor shall be responsible for the design, printing, and shipping ofthe <br />inserts to Grantee. Grantor shall reimburse Grantee for any incremental costs incurred by <br />Grantee for mailing the insert. <br /> <br />3. Free Advertising Time. The parties acknowledge Grantee's intent to <br />continue its commitment to community service, which may include the cablecasting of public <br />service announcements on behalf of Grantor and non-profit community agencies. In this regard, <br /> <br />I Which states: "For Grantee's failure to comply in any material respect with the periodic system testing <br />requirements set forth in paragraph (b) of Subsection 4.7 or Subsection 8.] of this Agreement, or Grantee's failure to <br />meet FCC signal quality standards for PEG access channels as required by Subsection I(A)(4) of Exhibit F, a penalty <br />not to exceed $500 may be imposed for each day that the incident of noncompliance has not been remedied by the <br />Grantee. " <br /> <br />12097-0002\680672v19.doc <br /> <br />F-2 <br /> <br />Cit), of Santa Ana <br />EXECUTION COPY 4/07/05 <br />
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