ADELPHIA 2 - 2005 - Laserfiche WebLink

Home Browse Search

6. Special Requirements and Conditions. (a) The government channel will be available to the Grantor 24 hours, seven days a week, with programming cablecast at the discretion of the Grantor. (b) Grantor reserves the right to establish conditions for access to Grantor's facilities for the purpose of fiber system maintenance, consistent with Grantor's then-current security procedures. (c) Grantor retains the right to transmit on its government channel noncommercial programming that is provided by outside sources, such as the traffic report from CalTrans that is now scheduled to be shown on the government channel twice each day. 7. PEG Capital Support Payment. (a) Within 60 days after the effective date of this Agreement, Grantee will provide to Grantor a PEG capital support payment in the sum of $450,000. Grantor may use this PEG capital support payment for any capital costs incurred in providing PEG access channel programming and technical support, as well as costs attributable to the maintenance, operation, repair and replacement of the Coaxial I-Net, as provided for below in Section II. (b) After Grantee has recovered the $450,000 PEG capital support payment from its subscribers in accordance with a pass-through methodology that is agreed upon by the parties, Grantee will remit quarterly PEG capital support payments to Grantor through the end of the sixth year following the effective date of this Agreement at a rate equal to $0.55 per subscriber per month. These payments will be remitted concurrently with Grantee's quarterly franchise fee payments. (c) On the seventh and twelfth anniversaries of the effective date of this Agreement, Grantor shall have the right to require Grantee to adjust the pass-through amount related to the quarterly PEG capital support payments. The need for each such adjustment must be documented by Grantor. No adjustment may cause the pass-through amount to exceed the sum of $0.65 per subscriber per month. (d) The cost of the commitments specified in this Section 7 will not be offset by Grantee against any franchise fees that are payable by Grantee to Grantor during the term of this Agreement. C. Public Access Channel. 1. Channel Allocations. So long as Grantee airs public access programming in Orange County, Grantee will continue to provide one dedicated channel for public access programming. Grantee may satisfy this requirement by cablecasting, on the Santa Ana analog channel line-up, public access programming from another Grantee-operated access programming center. In doing so, however, Grantee agrees that Grantor will not be charged any costs related to this requirement, and no offset against franchise fees will result from this requirement. 12097-0002\(\80(\72v19.doc F-4 Cit)! of Santa Ana EXECUTION COPY 4/07/0,