Common use of PEG Access Channel Clause in Contracts

PEG Access Channel. (S) (a) Use of a channel for PEG Access Programming shall be provided in accordance with federal law, 47 U.S.C. 531, and as further set forth herein. Franchisee does not relinquish its ownership of or ultimate right of control over a channel by making it available for PEG use. A PEG Access User – whether an individual, educational or governmental user – acquires no property or other interest by virtue of the use of a channel so designated, and may not rely on the continued use of a particular channel number, no matter how long the same channel may have been designated for such use. Franchisee shall not exercise editorial control over any public, educational, or governmental use of channel capacity, except Franchisee may refuse to transmit any public access program that contains obscenity, indecency, or nudity pursuant to Section 611 of the Cable Act. The Franchising Authority shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel use which shall ensure that PEG Access Channel(s) and PEG Access equipment will be available on a first-come non-discriminatory basis. (b) Franchisee shall make available to the Franchising Authority or its designee two (2) channel(s) for PEG Access Programming purposes. A PEG Access Channel may not be used to cablecast for-profit, political or commercial fundraising programs in any fashion. Unused capacity may be utilized by Franchisee subject to the provisions set forth in subsection (c) below.

PEG Access Channel. (S) (a) Use of a channel for PEG Access Programming shall be provided in accordance with federal law, 47 U.S.C. 531, and as further set forth herein. Franchisee does not relinquish its ownership of or ultimate right of control over a channel by making it available for PEG use. A PEG Access User – whether an individual, educational or governmental user – acquires no property or other interest by virtue of the use of a channel so designated, and may not rely on the continued use of a particular channel number, no matter how long the same channel may have been designated for such use. Franchisee shall not exercise editorial control over any public, educational, or governmental use of channel capacity, except Franchisee may refuse to transmit any public access program that contains obscenity, indecency, or nudity pursuant to Section 611 of the Cable Act. The Franchising Authority shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel use which shall ensure that PEG Access Channel(s) and PEG Access equipment will be available on a first-come non-discriminatory basis. (b) Franchisee shall make available to the Franchising Authority or its designee two (2) channel(s) for PEG Access Programming purposes. A PEG Access Channel may not be used to cablecast for-profit, political or commercial fundraising programs in any fashion. Unused capacity may be utilized by Franchisee subject to the provisions set forth in subsection (c) below. (c) In the event the Franchising Authority or Access Provider elects not to fully program a PEG Access Channel(s) with original PEG Access Programming, Franchisee may reclaim any unused time on those channels.