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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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Last modified
4/29/2013 12:46:04 PM
Creation date
8/8/2011 3:59:19 PM
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BOCC
Date
10/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9a
Document Relationships
Agenda - 10-01-2003-7a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 10-01-2003
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16 <br />discretion, the Grantee shall be permitted to recover all costs from its <br />customers to provide such capability. <br />G. The Grantor shall establish rules and procedures under which the Grantee is <br />permitted to use PEG Access channel capacity for the provision of other services <br />if such channel capacity is not being used for the purposes designated by this <br />Section <br />H. The Grantor may direct the Grantee to use addressability (encryption) of one PEG <br />Access channel on a partial or full -time basis to limit reception of the channel to <br />designated locations. <br />I. The Grantor may operate or designate one or more nonprofit Access Center(s) to <br />manage and program the PEG Access channels. <br />J. The Grantor, through any contract or PEG Access channel use agreement with <br />Access Center(s) or other nonprofit agencies, or any other party shall ensure that <br />all forms of audio or video programming produced with equipment or through <br />facilities provided shall not, to the extent legally possible, be made available to <br />any other Cable Operator or other video distribution system serving residents of <br />the County unless such Cable Operator or video distribution-system remits funds <br />to support PEG Access that are equivalent to those paid by the Grantee and its <br />Subscribers. <br />Section 13. Support for "PEG" Facilities and Equipment <br />A. PEG Access Capital Charge <br />1. In the event the Grantor elects to approve a monthly PEG Access fee (the <br />"PEG Capital Fee ") upon Basic Service Subscribers of the Grantee's <br />Cable System, and likewise upon any other franchised Cable System <br />operating within the jurisdiction of the Grantor to support PEG Access <br />facilities and equipment capital costs, the Grantee agrees to bill and collect <br />such charge to the extent set forth herein. Upon the terms and conditions <br />set forth below, the Grantee shall itemize and bill in its monthly <br />statements for the PEG Access facilities and equipment capital costs. <br />2. The amount of the PEG Capital Fee to be billed by the Grantee shall be: <br />a. 25¢ for years 1 -5 of this Franchise; and <br />b. 35¢ for years 6 -10 of this Franchise per Subscriber. <br />3. The PEG Capital Fee shall be collected by the Grantee and paid to Grantor <br />after (i) the Grantor approves by Resolution the collection of the fee from <br />Subscribers, (ii) notice to Grantee's customers of such inclusion, and (iii) <br />8/22/2003 <br />
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