Public education and government support

(a)

It is the purpose and intent of the city to require that all licensees provide access channels, facilities, equipment and support sufficient to meet the needs and interests of the community with respect to public, education and government activities.

(b)

A licensee granted a license pursuant to this chapter shall provide to the city, a grant per subscriber, as represented in the subscriber base as defined in subsection 11-2, per month for PEG capital support, as set forth in a license agreement. The actual amount of the per subscriber, per month charge shall be determined based upon the city's needs as identified in a projected budget to be prepared by the city manager and submitted to licensee not later than September 30 of each year during the term of the license agreement.

(c)

A licensee shall provide a minimum of one access channel, and facilities dedicated to the exclusive use of the city and such other capital support for public, educational and/or governmental use as required in a license agreement and allocated at the sole discretion of the city. The licensee shall provide one upstream channel for each access channel then used by the city to the headend, as technically necessary for the operation of access channels referred to herein or as otherwise required by a license agreement. The city may increase the number of PEG channels to a number not to exceed five, so long as a threshold use requirement is met for each channel the city then utilizes. In order to request an additional PEG access channel, the existing PEG access channel(s) must be programmed at least eight hours a day with non-repetitive, locally produced programming, Monday through Friday, for a minimum of six consecutive weeks. For purposes of calculating the eight hour programming requirement, the live cablecast of all commission and board meetings, in their entirety, shall be included for not more than one channel. Character-generated programming shall not be included for purposes of calculating the programming requirement. Once the threshold is met and an additional access channel given, the initial access channel(s) must maintain the threshold requirement. After attaining the threshold requirement, if the initial access channel fails to meet the threshold for four consecutive months, the additional access channel may be reclaimed by licensee upon 60 calendar days written notice. Under no circumstances shall the city lose the right to its first initial access channel. However, at all times after a second access channel is provided to the city, the initial access channel shall maintain the threshold requirement a minimum of 50 percent of the time, to be measured every four months based on usage for the preceding 12 months. In addition, a licensee shall cablecast to all subscribers in the city, all Miami-Dade County public, educational, and/or government channels provided however that the total number of access channels shall not exceed the number set forth in a license agreement.

(d)

During the term of the license, the licensee shall provide, as specified in a license agreement or otherwise agreed to, such equipment, facilities and technical support as the city commission may determine is useful for the production and cable casting of programming on the public, education and government channels. Applications for initial grants, renewals or transfers of licenses shall include a proposal to provide such support.

(e)

As may be required in a license agreement, a licensee shall tape or cablecast live events held in the city as may be designated by the city subject to no less than four weeks advance notice in writing to the licensee. The number of events designated by the city hereunder shall be no less than 24 in any given calendar year. A license agreement may provide for a maximum number of designated events. Unless specified by the city, the live cablecast of a commission or board meeting shall not be counted as a designated event.

(f)

Applications for an initial or renewed license may, and at the request of the city, shall include proposals for the provision of an institutional network interconnecting city, educational institutions, and/or other public facilities as designated by the city from time to time.

(g)

Applications for an initial license shall include a proposal for the interconnection of licensee to any or all other cable systems operating within the county for purposes of providing or sharing PEG access channels. In the case of an application for renewal or transfer of a license, applicant shall include in its application a statement outlining the status of the interconnection of licensee's cable system to any and all cable systems operating within Miami-Dade county.

(h)

A license may provide for additional financial grants in lieu of or in addition to some or all of the facilities, equipment, and services referenced in this section.

(i)

A licensee shall agree that the facilities, equipment, monetary grant, and all other support to be provided by a licensee pursuant to this section, and as set forth in a license agreement constitute capital costs which are required by the license to be incurred by licensee for public, educational, or government access facilities within the meaning of Section 622(g)(2)(C) of the Cable Act, 47 U.S.C. § 542(g)(2)(C), that such grant does not constitute a license fee or tax within the meaning of Cable Act, state law, this Code, or a license agreement; and that the licensee shall waive, and will not assert in any proceeding, any claim to the contrary. The city shall use the facilities, equipment, monetary grant and all other support to be provided by licensee pursuant to this section in a manner consistent with Section 622(g)(2)(C) of the Cable Act.

(Ord. No. 11936, § 3, 6-8-00)