2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT 6.7 Costs and Payments not Franchise Fees. The parties agree thal any costs to the Grantee and payments Ji'om the Grantee associated with the provision of support for PEG access, interconnection, the Un.iversal PEG Tier and lor any Institutional Network pursuant to Sections 6 and 7 of this Franchise are cable- related and do not constitute and are not pan of a franchise fee and fall within one or more of the exceplions to 47 U.S,C. 9542. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS 7.1. Instilulio",ll Network Facililies and Caoacitv. 7.1.1 The Grantee and the Commission shall, within 180 days of the EClective Date of this Franchise. agree upon either the provision by the Grantee to thc City and the Commission of non-duplicative Institutional Network tacilities, equipment and capacity that is equivalent to that provided by all other franchised cable operators in the City or, in the alternative, the Commission shall determine the incumbent cablc operator(s)' per subscriber Institutional Nctwork costs (financial and in- kind) at the time of the Grantee's Franchise application and the Grantee shall agree to pay a pro rata I-Net contribution, as calculated by the Commission, on the same per subscriber basis throughout the Franchise teml based on the Grantee's Subscriher hase. Thc Grantec shall calculate I -Net support payments monthly by applying the per subscriber I-Net contribution established by the Commission to the Gramee's Subscriber base. The I-Net support payments required herein shall be made to Ihe Commission quarlerly on the same schedule as tj'anchise fee payments. 7.1.2 "rhe amount oflhe I-Net support payments shall be escalated in the same manner and in the same amount, percentagc or proportion as the financial andior in-kind I-Net support obligations of other cable operalors in tbe Cily increase. The Commission shall determine the amount of the I-Net support escalation on an annual basis, at a time set by the Commission, and shall establish the date upon which the I-Net support escalation shall become el1ective. The Grantee shall fully respond to and completely answer all reguests for in formation ii'om the Commission related to the escalation calculation by the date or dates established by the Commission. 7.1.3 In the event that the Commission and the Grantee agree upon the provision of non-duplicative I-Net facilities, equipment and capacity, such facilities, equipment and capacity shat! be subject to terms, conditions and requirements the same as or similar to those set forth in the incumbent cable operators' franchise documents, including (but not limited to) terms, conditions and requirements 38 13