Educational and Governmental Access Programming Clause Samples

Educational and Governmental Access Programming. 1. Upon ninety (90) days prior written notice, Grantee shall dedicate two channels to the City solely for non-commercial governmental and educational access programming that shall be produced by the Franchising Authority or its designee, provided such designee is a non-profit entity or public school system (the “Access Channels”). The City shall be responsible for the operation, administration, maintenance and programming of the Access Channels, including all costs associated with the operation of the Access Channels and the production of programming carried on the Access Channels. The City shall provide, at no cost to the Grantee, the necessary equipment to transmit live, videotaped or character- generated “bulletin board” type programming to subscribers over the Cable System. If the City desires to broadcast live programming on the Access Channels from any City location, any cost for a direct fiber linkage between the City location and Grantee’s headend, as well as any equipment necessary to transmit the programming to the Grantee’s headend, shall be the City’s expense. 2. The Access Channels shall not be used for the cablecast of commercial advertising or a program whose purpose is commercial or for-profit. Except as authorized by law, including without limitation Section 611 of the Cable Act, Grantee shall not exercise editorial control over programming of the Access Channels, other than to ensure its use for governmental or educational purposes. 3. As provided by law, the City shall prescribe (i) rules and procedures under which the Grantee is permitted to use the Access Channels capacity for the provision of other services if such channel capacity is not being used for the purposes designated herein, and (ii) rules and procedures under which such permitted use by Grantee shall cease. 4. The City agrees to indemnify, save and hold harmless, and defend the Grantee, its officers, boards and employees from and against any liability for damages and any liability or claims that arise out of the transmission or content of programming carried on the Access Channels including, without limitation, damages arising out of copyright infringement and defamation. Subject, however, to the Oklahoma Governmental Tort Claims Act, Title 51 Okla Stat, § 151 et al.