Common use of Technical Quality Clause in Contracts

Technical Quality. ‌ (A) The Grantee shall not unreasonably discriminate against PEG Access Channels with respect to accessibility, functionality and the application of any applicable FCC Rules and Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall distribute the PEG Access Channel signal without degradation. There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD PEG Access Channels so long as the requirements of this Franchise are otherwise met. Grantee may implement HD carriage of PEG Access Channels in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the Subscriber that is comparable and functionally equivalent to similar commercial SD or HD Channels carried on the Cable System. (B) Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including transmitters/receivers, associated cable and equipment in use upon the Effective Date of this Franchise, necessary to carry a quality signal to and from the Demarcation Point at the City’s or Designated Access Manager’s facilities. (C) Grantee shall continue to provide all current and future activated Downstream Channels for PEG Access use in a SD or HD or equivalent format in Grantee’s Basic Service level as specified herein. Grantee shall carry all components of the SD or HD PEG Access Channel signals provided by the Designated Access Managers including, but not limited to, formatting coding information or data associated with any such signal, closed captioning, stereo audio and other elements associated with the Programming. The Designated Access manager shall be responsible for providing the PEG Access Channel signal in a SD or HD or equivalent format (as specified herein) to the Demarcation Point at the designated point of origination for the PEG Access Channel. Grantee shall be responsible for costs associated with the transport and distribution of the SD or HD PEG Access Channel on its side of the Demarcation Point. (D) Grantee, at its sole cost, shall provide VOD content in accordance with the terms of the VOD License Agreement between the City and Grantee. (E) Grantee shall facilitate carriage of PEG Access Channels program listings on the interactive Programming guide, provided that the City shall hold Grantee harmless should the City or PEG providers fail to provide correct or timely information to the interactive guide Programmers. The City or Designated Access Managers shall bear all costs of this guide service. (F) Grantee will maintain, free of charge, Fiber Optic links to the PEG locations existing as of the Effective Date for origination and return capacity that permits transmission of originated program material between the Headend and specified PEG facilities located within the City.

Technical Quality. ‌ (A) The Grantee shall not unreasonably discriminate against PEG Access Channels with respect to accessibility, functionality and the application of any applicable FCC Rules and Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall distribute the PEG Access Channel signal without degradation. There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD PEG Access Channels so long as the requirements of this Franchise are otherwise met. Grantee may implement HD carriage of PEG Access Channels in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the Subscriber that is comparable and functionally equivalent to similar commercial SD or HD Channels carried on the Cable System. (B) Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including transmitters/receivers, associated cable and equipment in use upon the Effective Date of this Franchise, necessary to carry a quality signal to and from the Demarcation Point at the City’s or Designated Access Manager’s facilities. (C) Grantee shall continue to provide all current and future activated Downstream Channels for PEG Access use in a SD or HD or equivalent format in Grantee’s Basic Service level as specified herein. Grantee shall carry all components of the SD or HD PEG Access Channel signals provided by the Designated Access Managers including, but not limited to, formatting coding information or data associated with any such signal, closed captioning, stereo audio and other elements associated with the Programming. The Designated Access manager shall be responsible for providing the PEG Access Channel signal in a SD or HD or equivalent format (as specified herein) to the Demarcation Point at the designated point of origination for the PEG Access Channel. Grantee shall be responsible for costs associated with the transport and distribution of the SD or HD PEG Access Channel on its side of the Demarcation Point. (D) Grantee, at its sole cost, shall provide VOD content in accordance with the terms of the VOD License Agreement between the City and Grantee. (E) Grantee shall facilitate carriage of PEG Access Channels program listings on the interactive Programming guide, provided that the City shall hold Grantee harmless should the City or PEG providers fail to provide correct or timely information to the interactive guide Programmers. The City or Designated Access Managers shall bear all costs of this guide service. (F) Grantee will maintain, free of charge, Fiber Optic links to the PEG locations existing as of the Effective Date for origination and return capacity that permits transmission of originated program material between the Headend and specified PEG facilities located within the City.