Common use of Access Channel Clause in Contracts

Access Channel. (1) Manager shall have the responsibility for managing, scheduling, operating and programming the Access Channel in a non-discriminatory manner. The City and Comcast shall have no editorial control over the programming carried on the channel except that Comcast may refuse to transmit any program or portion of a program which contains obscenity, indecency, or nudity. However, the City and Comcast strenuously urge Manager to ensure the Access Channel accurately reflects the community’s values and purpose. (2) Manager shall provide a programming schedule for the Access Channel to Comcast on a bi-weekly basis and to the City on a monthly basis. (3) As the designated manager of the Access Channel, Manager shall set the policy and pricing for Public Access and Leased Access in compliance with all applicable laws and regulations. (4) Manager shall comply with (a) the Comcast Management Agreement, (b) the Studio Lease Agreement and (c) the Leased Access Guidelines attached hereto as Exhibit “C”, as such guidelines are supplemented, revised or updated by the Manager.‌ (5) In programming the Access Channel, the Manager shall comply with all federal and state laws and regulations at all times during the term of this Agreement. Comcast will notify Manager on an annual basis of the maximum permitted leased access rate and any other changes in applicable Leased Access regulations. Manager shall have a concurrent responsibility to learn and comply with applicable Leased Access regulations for all Leased Access programming. (6) As required by Section 8.C. of the Franchise Agreement, Manager shall allow the leased access programmers of the Access Channel who existed in July 2013 and have remained in existence to date to maintain their existing time slots, which are listed on Exhibit “B” attached hereto, so long as such programmers stay current on their required payments to Manager and otherwise comply with the rules and procedures adopted by Manager for the use of the Studio and Access Channel. In the event that any existing leased access programmer fails to make a required payment to the Manager on or prior to the due date for such payment or otherwise fails to comply with the rules and procedures adopted by Manager with respect to the use of the Studio and Access Channel (a “Defaulting Programmer”), then thereafter, Manager shall have no further obligation to reserve any time slot for such Defaulting Programmer, and Manager may offer any time slot designated for such Defaulting Programmer on Exhibit “D” hereto to another individual or group in accordance with Manager’s standard terms and conditions for Leased Access airtime. Even if a Defaulting Programmer cures its default with respect to its obligations owed to Manager, the Manager shall have no obligation following such cure to restore the Defaulting Programmer’s previously designated time slot(s).‌ (7) The Commission shall be the entity to hear and resolve all conflicts and disputes that may arise between the Manager and Leased Access clients or between the Manager and the community (or others) with respect to the Access Channel. The Commission shall have the authority to promulgate rules and regulations regarding hearing and resolving all such conflicts and disputes. A dispute shall be submitted to the Commission by the filing of a petition within thirty (30) calendar days of the occurrence constituting the conflict and/or dispute in question on a form provided by the Commission. The petition must be completed and submitted via e-mail, hand delivery or U.S. mail. If mailed, the petition must be received on or before the 30th calendar day of the occurrence constituting the conflict and/or dispute. Petitions shall be decided by the Commission after a hearing, unless the matter is settled, or the parties otherwise agree in writing that a hearing is not necessary. All decisions of the Commission are final and binding, and shall not be subject to any administrative appeal or further review of any kind. All such decisions shall be in writing and duly recorded in a permanent record. A request for reconsideration by the Commission may be made by any person or entity that was a party to the initial complaint, provided that such request is duly submitted on the form provided by the Commission. Any submission for reconsideration shall be submitted by email, hand delivery or US mail within ten (10) calendar days of the written decision.

Access Channel. (1) Manager shall have the responsibility for managing, scheduling, operating and programming the Access Channel in a non-discriminatory manner. The City and Comcast shall have no editorial control over the programming carried on the channel except that Comcast may refuse to transmit any program or portion of a program which contains obscenity, indecency, or nudity. However, the City and Comcast strenuously urge Manager to ensure the Access Channel accurately reflects the community’s values and purpose. (2) Manager shall provide a programming schedule for the Access Channel to Comcast on a bi-weekly basis and to the City on a monthly basis. (3) As the designated manager of the Access Channel, Manager shall set the policy and pricing for Public Access and Leased Access in compliance with all applicable laws and regulations. (4) Manager shall comply with (a) the Comcast Management Agreement, (b) the Studio Lease Agreement and (c) the Leased Access Guidelines attached hereto as Exhibit “CF”, as such guidelines are supplemented, revised or updated by the Manager.‌Manager. (5) In programming the Access Channel, the Manager shall comply with all federal and state laws and regulations at all times during the term of this Agreement. Comcast will notify Manager on an annual basis of the maximum permitted leased access rate and any other changes in applicable Leased Access regulations. Manager shall have a concurrent responsibility to learn and comply with applicable Leased Access regulations for all Leased Access programming. (6) As required by Section 8.C. of the Franchise Agreement, Manager shall allow the leased access programmers of the Access Channel who existed in July 2013 and have remained in existence to date to maintain their existing time slots, which are listed on Exhibit “BD” attached hereto, so long as such programmers stay current on their required payments to Manager and otherwise comply with the rules and procedures adopted by Manager for the use of the Studio and Access Channel. In the event that any existing leased access programmer fails to make a required payment to the Manager on or prior to the due date for such payment or otherwise fails to comply with the rules and procedures adopted by Manager with respect to the use of the Studio and Access Channel (a “Defaulting Programmer”), then thereafter, Manager shall have no further obligation to reserve any time slot for such Defaulting Programmer, and Manager may offer any time slot designated for such Defaulting Programmer on Exhibit “D” hereto to another individual or group in accordance with Manager’s standard terms and conditions for Leased Access airtime. Even if a Defaulting Programmer cures its default with respect to its obligations owed to Manager, the Manager shall have no obligation following such cure to restore the Defaulting Programmer’s previously designated time slot(s).‌slot(s). (7) The Commission shall be the entity to hear and resolve all conflicts and disputes that may arise between the Manager and Leased Access clients or between the Manager and the community (or others) with respect to the Access ChannelChannel or Studio. The Commission shall have the authority to promulgate rules and regulations regarding hearing and resolving all such conflicts and disputes. A dispute shall be submitted to the Commission by the filing of a petition within thirty (30) calendar days of the occurrence constituting the conflict and/or dispute in question on a form provided by the Commission. The petition must be completed and submitted via e-mail, hand delivery or U.S. mail. If mailed, the petition must be received on or before the 30th calendar day of the occurrence constituting the conflict and/or dispute. Petitions shall be decided by the Commission after a hearing, unless the matter is settled, or the parties otherwise agree in writing that a hearing is not necessary. All decisions of the Commission are final and binding, and shall not be subject to any administrative appeal or further review of any kind. All such decisions shall be in writing and duly recorded in a permanent record. A request for reconsideration by the Commission may be made by any person or entity that was a party to the initial complaint, provided that such request is duly submitted on the form provided by the Commission. Any submission for reconsideration shall be submitted by email, hand delivery or US mail within ten (10) calendar days of the written decision.