§ 13-4. Institutional service.

(a)

Public, educational and government access.

(1)

PEG responsibility. The grantor shall operate, administer, and manage PEG access in accordance with this section through the city cable commission.

(2)

PEG channels. Grantee shall dedicate two channels for PEG access use. Nothing herein shall diminish the city's rights to secure additional channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. Grantee may not move or renumber the PEG access channels without the written approval of the city.

(3)

PEG availability. The grantee shall provide to each of its subscribers who receive all, or any part of, the total services offered on the cable system, reception on the specially designated access channels available for use by the general public on a first-come, first-served, nondiscriminatory basis. Grantee shall provide to each of its subscribers who receive all, or part of, the total cable services offered over its cable system, reception on the PEG access channels free of charge.

(b)

Service to public buildings. Grantee shall provide, free of charge, a drop, outlet and monthly cable service to up to five locations. Grantee shall provide a drop, outlet and free monthly cable service to governmental buildings or sites identified by the city at the cost of grantee's time and material. Any public institution may add outlets at its own expense. However, no redistribution of the free cable service provided pursuant to this section shall be allowed without the grantee's prior written consent.

(c)

Activated two-way capacity. Grantee shall provide, free of charge, two-way activated capacity allowing live or recorded cable-cast of programming to the sites listed in Exhibit B. [Exhibit B is not herein set out. A copy can be found in the offices of the city.]

(d)

Neighboring cable systems. Grantor may, in its sole discretion, negotiate agreements with neighboring jurisdictions served by the same cable system, educational institutions or others to share the operating expenses of the public, educational and governmental channels.

(e)

Title to equipment. Grantor shall retain title to all public, educational and governmental equipment and facilities purchased or otherwise acquired pursuant to the previous International Falls Franchise (Ordinance No. 25, Third Series) City Code sections and with funding made available by grantee in accordance with section 13-4 of the franchise agreement.

(f)

Relocation of channels. Grantee shall not relocate any public, educational and governmental access channel without advance notice. Grantee shall provide grantor and all subscribers with at least 60 days prior written notice of any relocation and cover the reasonable costs of customer notification.

(g)

Oversight of PEG programming. The city's cable commission oversees all PEG access franchise obligations. The commission shall oversee the direction of PEG access and compliance with PEG access franchise requirements. By agreement with the 501c(3) public charity Koochiching County Public Television (KCC-TV), the commission has granted authority to KCC-TV to identify community programming needs; review grant applications and make necessary recommendations regarding grant funding programs; review PEG access policies and make necessary recommendations; recruit PEG access volunteers; and review and provide recommendations on services to PEG access users, producers and volunteers, newsletters and other promotions, and recognition programs.

(h)

Commission and city council. The city's administrator will serve as the primary liaison between the cable commission and the city council. Any and all rules regarding PEG access and PEG access users must be approved by the commission.

(i)

Compliance with federal law. In entering into this agreement, the grantee expressly acknowledges and agrees that the obligations it has undertaken in this section 13-4 have been knowingly, voluntarily and intelligently entered into.

(Ord. No. 12, 5th Series, § 2(4.1—4.9), 6-4-14)