§ 26-22. Access channels and facilities.

(a)

County access channels.

(1)

Franchisees operating in the county shall provide at least two and a maximum of three access channels for the county's sole use in unincorporated areas of the county capable of showing board of county commission meetings to subscribers within the county and public and educational access programming, within 90 days of the effective date of this chapter or as provided in a franchise agreement. Within incorporated municipalities within the county, franchisees may cablecast the county's access programming on a shared basis with the municipality's access programming, or as may otherwise be required in the municipality's franchise agreement.

(2)

Applications for an initial or renewed franchise may, and at the county's request, shall include proposals for the provision of at least two public, educational, and government access channels, which shall contain programming as authorized solely by the county in the unincorporated areas of the county.

(3)

At any time the initial access channels provided to the county by a franchisee are programmed during at least 12 hours per day with nonduplicative programming (i.e., bulletin board messages will not be considered programming for purposes of this section), Monday through Friday, for six consecutive weeks, the franchisee shall, without charge, at the request of the county, provide the county with a third access channel within six months of receipt of written request that includes information demonstrating that usage of the initial access channels have met the criteria set forth above. If at any time the first three access channels provided to the county by a franchisee are programmed with non-duplicative programming during at least 12 hours per day, Monday through Friday, for six consecutive weeks, the franchisee shall, without charge, at the written request of the county, provide the county with a fourth access channel at no charge within six months of receipt of written request that includes information demonstrating that usage of the previously provided access channels have met the criteria set forth above. In the event the programming on the access channels falls below the amount specified above, then a franchisee shall have the right to deactivate the subsequently provided access channels. The county may by resolution adopt rules and regulations concerning use of the access channels.

(4)

The county may require in a franchise agreement that a franchisee provide live cablecasting of board meetings in their entirety to all of franchisee's subscribers located within the county. The county may require the replay of such meetings at times specified by the county.

(b)

Facilities to support programming on the access channels.

(1)

A franchise agreement may provide for the use of the franchisee's studio facilities, equipment, and personnel for the production of live and videotaped county programs, subject to reasonable availability and to scheduling requirements of the franchisee.

(2)

A franchisee may provide, at the request of the county, use of the franchisee's studio equipment and technical services for character generation and cablecasting of such character generation on the access channels, subject to reasonable availability and scheduling requirements of the franchisee.

(3)

A franchise agreement may provide that upon the county's request, the franchisee shall provide at its cost, trained personnel and necessary equipment for:

a.

Live cablecasting of events at the location of board meetings and other specified locations within the county; and

b.

The production of videotapes of civic and government programs and events that take place at locations other than the locations capable of offering live programming. Such videotapes shall be played and replayed on the access channels at times specified by the county.

c.

Live cablecasting may be facilitated with the interconnection among franchisees pursuant to this chapter. At the time of the county's request for live cablecasting of board meetings, the franchisee serving the largest number of subscribers at the location of the county board meetings shall be responsible for live cablecasting production of professional quality, including all necessary equipment and trained personnel. If requested by the franchisee so responsible, all other franchisees shall share in the cost of producing and delivering the live cablecasting to all subscribers on a pro-rata per subscriber basis.

d.

In the event that the county changes the location of board of county commissioners meetings and desires to change the location where live cablecasting of board of county commissioners occurs, the county may extend a franchisee's franchise agreement to allow the franchisee to recover the incremental costs of the construction of the additional plant required to provide the live cablecasting from the new location, or in the alternative, the county may agree to reimburse the franchisee the costs of construction.

(c)

At the county's discretion, a franchise agreement may provide for a financial grant in lieu of some or all of the facilities, equipment, and services referenced in this chapter.

(d)

Annual capital contribution. The county may establish an annual budget and an amount for an annual contribution from franchisees for capital expenses associated with producing programming for the access channels to be specified in a franchise agreement.

(e)

All facilities, equipment, and other capital support to be provided by a franchisee pursuant to this chapter or a franchise agreement constitute capital costs consistent with applicable law to be incurred by the franchisee for public, educational, or governmental access facilities within the meaning of § 622(g)(2)(c) of the cable act, 47 U.S.C. § 542(g)(2)(c). Such capital support does not constitute a franchise fee or tax within the meaning of the cable act, state law, this chapter, or any franchise agreement.

(Ord. No. 02-18, § 2, 7-30-02)