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2017-008
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b. The Grantee will provide the following capital grant for PEG use for so <br />long as it continues to operate under this franchise: Payments of all grants under the 1994 <br />MOU through December 31, 2017; commencing January 1, 2018, Grantee shall pay to <br />City three percent (3.0%) of its Gross Revenues paid quarterly based upon revenues for <br />the calendar quarter. The first Gross Revenue payment shall be due on May 1, 2018, <br />based on Gross Revenues for the quarter beginning January 1, 2018 and ending March <br />31, 2018, and thereafter, payments shall be due 30 days after the end of each calendar <br />quarter, based on revenues for that quarter, or if the franchise should terminate or be <br />revoked, 30 days after termination or revocation for any portion of quarter during which <br />Grantee provided Cable Service. <br />C. Notwithstanding the foregoing requirements, if Grantee has a valid and <br />binding sponsorship contract with an entity designated by the City/Commission to <br />manage any public access channel, the City agrees that Grantee may offset any amount it <br />pays under such contract against payments required above. Nothing in this section <br />requires or shall be deemed to require Grantee to make any payment that constitutes a <br />franchise fee under 47 U.S.C. § 542. <br />d. The parties agree that any cost to the Grantee associated with providing <br />any support for PEG use required under this Franchise (including subscriber network <br />drops and equipment and service to public institutions and the provision of the dark fiber <br />network and PRISMA network and support for and payments made outside this <br />franchise, if any), shall not be offset from the franchise fee. <br />e. Grantee may itemize the PEG fees on Subscribers' invoices in accordance <br />with applicable law; provided, however, any PEG Fee charged to subscribers to recover <br />PEG funding provided in 2017 shall not exceed $6.00 per subscriber per month. Any <br />supplementary PEG fee levied by Comcast after January 1, 2018, to recover past <br />undercollections shall be set at 0.5% of cable Gross Revenues through December 31, <br />2019. Any excess recovery shall be paid to the Commission at the same time as the <br />Franchise Fee payment. <br />9. Regional Channel 6. Grantee shall designate Channel 6 for uniform regional <br />channel usage to the extent required by law. <br />10. State and Federal Law compliance. Satisfaction of the requirements of this <br />Section 6 satisfies any and all of Grantee's state and federal law requirements of Grantee with <br />respect to PEG access. <br />SECTION 7. NETWORKING PROVISIONS <br />1. Managed Network. The City and/or Commission has a need for a telecommunications <br />network to connect certain government buildings in the North Suburban Territory for <br />telecommunications services. Comcast or its Affiliate agrees to provide, operate, repair and <br />maintain a managed telecommunications network to City and/or Commission for the Term of the <br />Franchise in accordance with an executed Enterprise Services agreement, attached as Exhibits B, <br />19 <br />
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