Common use of PEG Access Programming Clause in Contracts

PEG Access Programming. In programming the PEG Access Channels, LCTV shall comply with all federal and State laws and regulations at all times during the term of this Agreement. LCTV shall provide Public, Educational, and Government Access programming services, facilities and equipment to the Town of Longmeadow and Access users, consistent with the Cable Television Renewal License and funds provided to LCTV pursuant to this Agreement and the reasonable availability of personnel, contractors, and volunteers, and in accordance with applicable law and the operation of a Section 501(c)(3) tax exempt organization. Said Access programming shall include Public, Educational and Government Access programming. The services, facilities and equipment provided by LCTV shall be provided to Access users on a non-discriminatory basis. LCTV shall adopt reasonable rules and regulations regarding its financial operations, membership, use of the access facilities, equipment and services by authorized users, training requirements, and the frequency and scheduling of programming. LCTV shall periodically review, on no less than an annual basis, its Policies and Procedures referenced in Section 5, below. Said Policies and Procedures shall be distributed to all LCTV employees and volunteers. Employees and volunteers shall comply with such Policies and Procedures at all times. An updated copy of the Policies and Procedures shall be provided to the Select Board as amended. The Access programming, services, facilities, and equipment shall, consistent with the funds available to LCTV, include the following responsibilities: (a) Schedule, operate and maintain the Public, Educational and Government Access Channels provided in accordance with the respective cable licenses. (b) All programming on the Access Channels shall comply with applicable laws and regulations. LCTV shall have the responsibility for managing, scheduling, operating and programming two (2) HD PEG Access Channels and one (1) SD PEG Access Channel, on the Comcast Cable System, as follows: i. One Downstream PEG Access Channel shall be designated the Public Access Channel, but such channel may be used for Educational and Governmental Access programming as well, if and when appropriate. ii. One Downstream PEG Access Channel shall be designated the Educational Access Channel. LCTV shall work cooperatively with the Longmeadow School Department and all other educational institutions in Longmeadow to generate programming for the Educational Access Channel but such channel may be used for Public and Governmental Access programming as well, if and when appropriate. ▇▇▇. ▇▇▇ Downstream PEG Access Channel shall be designated the Government Access Channel. LCTV shall work cooperatively with the Select Board and other Town departments to generate programming for the Government Access Channel but such channel may be used for Educational and Public Access programming as well, if and when appropriate. (c) All Public Access programming shall require a Longmeadow sponsor, which may be LCTV, by and through its Board of Directors or Staff; (d) Responsibly manage the annual funding provided to and raised by LCTV, including the funding provided pursuant to this Agreement; (e) Operate and maintain an Access studio in Longmeadow, and purchase and/or lease equipment with the funds provided to and raised by LCTV, including the funding provided pursuant to this Agreement; (f) Conduct outreach and recruitment efforts and activities to increase Subscribers and users; (g) Conduct training programs in the skills necessary to produce PEG Access programming of good technical quality. This training shall include both group and individual training. The Parties acknowledge the importance of a sufficient amount of quality Access training to produce PEG Access programming of good technical quality and to provide the skills needed for such quality PEG Access program. (h) Provide technical assistance to Access users, using LCTV staff and volunteers; (i) Provide access to production and post-production equipment for Access users; (j) Establish rules, procedures and guidelines (including written Access user agreements, which shall be required for all Access users) for use of the PEG Access Channels, facilities and equipment; (k) Support the production and promotion of educational, cultural, informational programming and other programs of interest to Access users and viewers; and encourage the development of locally produced programming. (1) Cablecast all public meetings of the Longmeadow Select Board and the Longmeadow Town Meeting, unless otherwise requested by the respective government body or unable to do so due to circumstances beyond the reasonable control of LCTV, and such other Town of Longmeadow meetings (and meetings of other local or regional governmental bodies, if any, in which the Town of Longmeadow is represented) as requested, upon reasonable notice, by the Select Board or its designee consistent with the funding provided LCTV pursuant to this Agreement and the reasonable availability of Access personnel, contractors, and/or volunteers. Reasonable notice, which does not have to be written notice, shall be deemed to be five (5) business days. If the requested coverage of a government meeting is less than five (5) business days, LCTV shall reasonably attempt to comply with such request, working out any equipment and staffing scheduling to the best of its ability. The Select Board retains the right to establish priority with respect to the cablecasting of government meetings. LCTV shall comply with any lawful rules and reasonable requirements of the respective government body with respect to the camera and sound coverage of a meeting. Nothing contained in this subsection is intended to interfere with the rights of any person to record a governmental meeting pursuant to the Open Meeting Law; (m) LCTV shall be responsible for: (i) providing, installing, and maintaining PEG Access equipment, including cameras and cablecasting equipment at the Longmeadow Town Hall, High School/School Department, and other such municipal buildings as designated by the Select Board; and (ii) for providing any equipment needed for Educational and Municipal Access to residential programming, other than the equipment which is the responsibility of the Licensee. LCTV's obligation pursuant to this Subparagraph (m) shall be consistent with the funds provided and available to LCTV pursuant to this Access Agreement. The Select Board shall provide LCTV with adequate advanced notice of said equipment needs and its request. LCTV and the Town shall cooperate with respect to reaching agreement regarding the provision and installation of any such equipment. LCTV shall consult with the Select Board or its designee prior to purchasing and installing said equipment. (n) LCTV shall be responsible for the maintenance and repair of all LCTV (and LCTV provided) facilities and equipment regardless of where located, including LCTV equipment installed at Town and/or School buildings. (o) Should LCTV determine that an audit by the Town of payments by a cable licensee is warranted, LCTV shall be responsible for the funding of any such audit by the Town. Nothing herein limits or otherwise restricts the right of the Town to conduct such audit without funding by LCTV. (p) LCTV shall upon a timely request of the Select Board, Town Manager or the School Committee provide at no cost to the Town a digital media copy of any government meeting previously cablecast by LCTV, to the extent available; (q) Accomplish such other tasks relating to the operation, scheduling and/or management of the PEG Access Channels, facilities and equipment as necessary and appropriate. (r) LCTV shall serve only the Town of Longmeadow unless this MOU is amended by agreement of both parties to include other Towns. Notwithstanding this limitation, LCTV may provide its services and facilities to individual residents of other towns for user fees equal to or greater than the rates of the contribution each Longmeadow household makes through the cable provider franchise fees paid to LCTV on a per-subscriber basis by Longmeadow households.

PEG Access Programming. In programming the PEG Access Channels, LCTV shall comply with all federal and State laws and regulations at all times during the term of this Agreement. LCTV shall provide Public, Educational, and Government Access programming services, facilities and equipment to the Town of Longmeadow and Access users, consistent with the Cable Television Renewal License and funds provided to LCTV pursuant to this Agreement and the reasonable availability of personnel, contractors, and volunteers, and in accordance with applicable law and the operation of a Section 501(c)(3) tax exempt organization. Said Access programming shall include Public, Educational and Government Access programming. The services, facilities and equipment provided by LCTV shall be provided to Access users on a non-discriminatory basis. LCTV shall adopt reasonable rules and regulations regarding its financial operations, membership, use of the access facilities, equipment and services by authorized users, training requirements, and the frequency and scheduling of programming. LCTV shall periodically review, on no less than an annual basis, its Policies and Procedures referenced in Section 5, below. Said Policies and Procedures shall be distributed to all LCTV employees and volunteers. Employees and volunteers shall comply with such Policies and Procedures at all times. An updated copy of the Policies and Procedures shall be provided to the Select Board as amended. The Access programming, services, facilities, and equipment shall, consistent with the funds available to LCTV, include the following responsibilities: (a) Schedule, operate and maintain the Public, Educational and Government Access Channels provided in accordance with the respective cable licenses. (b) All programming on the Access Channels shall comply with applicable laws and regulations. LCTV regulations and shall have the responsibility for managing, scheduling, operating and programming two (2) HD PEG Access Channels and one (1) SD PEG Access Channel, on the Comcast Cable System, be used as follows: i. One Downstream PEG Access Channel shall be designated the Public Access Channel, but such channel may be used for Educational and Governmental Access programming as well, if and when appropriate. ii. One Downstream PEG Access Channel shall be designated the Educational Access Channel. LCTV shall work cooperatively with the Longmeadow School Department and all other educational institutions in Longmeadow to generate programming for the Educational Access Channel but such channel may be used for Public and Governmental Access programming as well, if and when appropriate. ▇▇▇iii. ▇▇▇ One Downstream PEG Access Channel shall be designated the Government Access Channel. LCTV shall work cooperatively with the Select Board and other Town departments to generate programming for the Government Access Channel but such channel may be used for Educational and Public Access programming as well, if and when appropriate. (c) All Public Access programming shall require a an Longmeadow sponsor, which may be LCTV, by and through its Board of Directors or Staff; (d) Responsibly manage the annual funding provided to and raised by LCTV, including the funding provided pursuant to this Agreement; (e) Operate and maintain an Access studio in Longmeadow, and purchase and/or lease equipment with the funds provided to and raised by LCTV, including the funding provided pursuant to this Agreement; (f) Conduct outreach and recruitment efforts and activities to increase Subscribers and users; (g) Conduct training programs in the skills necessary to produce quality PEG Access programming of good technical qualityprogramming. This training shall include both group and individual training. The Parties acknowledge the importance of a sufficient amount of quality Access training to produce quality PEG Access programming of good technical quality and to provide the skills needed for such a quality PEG Access program. (h) Provide technical assistance to Access users, using LCTV staff and volunteers; (i) Provide access to production and post-production equipment for Access users; (j) Establish rules, procedures and guidelines (including written Access user agreements, which shall be required for all Access users) for use of the PEG Access Channels, facilities and equipment; (k) Support the production and promotion of educational, cultural, informational programming and other programs of interest to Access users and viewers; and encourage the development of locally produced programming. (1) Cablecast all public meetings of the Longmeadow Select Board and Board, the Longmeadow Town Meeting, and School Committee unless otherwise requested by the respective government body or unable to do so due to circumstances beyond the reasonable control of LCTV, LCTV and such other Town of Longmeadow meetings (and meetings of other local or regional governmental bodies, if any, in which the Town of Longmeadow is represented) as requested, upon reasonable notice, by the Select Board or its designee consistent with the funding provided LCTV pursuant to this Agreement and the reasonable availability of Access personnel, contractors, and/or volunteers. Reasonable notice, which does not have to shall be by email or other written notice, shall be deemed to be five (5) business days. If the requested coverage of a government meeting is less than five (5) business days, LCTV shall reasonably attempt to comply with such request, working out any equipment and staffing scheduling to the best of its ability. The Select Board retains the right to establish priority with respect to the cablecasting of government meetings. LCTV shall comply with any lawful rules and reasonable requirements of the respective government body with respect to the camera and sound coverage of a meeting. Nothing contained in this subsection is intended to interfere with the rights of any person to record a governmental meeting pursuant to the Open Meeting Law; (m) LCTV shall be responsible for: (i) providing, installing, and maintaining PEG Access equipment, including cameras and cablecasting equipment at the Longmeadow Town Hall, High School/School Department, and other such municipal buildings as designated by the Select Board; and (ii) for providing any equipment needed for Educational and Municipal Access to residential programming, other than the equipment which is the responsibility of the Licensee. LCTV's obligation pursuant to this Subparagraph (m) shall be consistent with the funds provided and available to LCTV pursuant to this Access Agreement. The Select Board shall provide LCTV with adequate advanced notice of said equipment needs and its request. LCTV and the Town shall cooperate with respect to reaching agreement regarding the provision provision, purchase and installation of any such equipment. LCTV shall consult with the Select Board or its designee prior to purchasing and installing said equipment. (n) LCTV shall be responsible for the maintenance and repair of all LCTV (and LCTV provided) facilities and equipment regardless of where located, including LCTV equipment installed at Town and/or School buildings. Upon request of LCTV, the Town of Longmeadow will provide a copy of any explanation received from Comcast regarding the funding source. (o) Should LCTV determine that an audit by the Town of payments by a cable licensee is warranted, LCTV shall be responsible for the funding of any such audit by the Town. Nothing herein limits or otherwise restricts the right of the Town to conduct such audit without funding by LCTV. (p) LCTV shall upon a timely request of the Select Board, Town Manager or the School Committee provide at no cost to the Town a digital media copy of any government meeting previously cablecast by LCTV, to the extent available; (q) Accomplish such other tasks relating to the operation, scheduling and/or management of the PEG Access Channels, facilities and equipment as necessary and appropriate. (r) LCTV shall serve only the Town of Longmeadow unless this MOU is amended by agreement of both parties to include other Towns. Notwithstanding this limitation, LCTV may provide its services and facilities to individual residents of other towns for user fees equal to or greater than the rates of the contribution each Longmeadow household makes through the cable provider franchise fees paid to LCTV on a per-subscriber basis by Longmeadow households.