A franchisee shall install and thereafter maintain
an Emergency Alert System ("EAS"). This EAS shall be designed and
operated to meet or exceed all FCC standards and requirements as may
be amended from time to time.
A.
The franchisee shall reserve for the nonexclusive
use by the Township and the Downingtown Area School District, without
charge, a minimum of one six-megahertz downstream channel for public,
educational, and governmental use, to subscribers delivering a signal
the technical quality of which is equivalent to the technical quality
of other channels on the broadband system. The franchisee shall provide
all modulators, demodulators, laser transmitters/receivers and other
devices as may be required to permit use of the downstream capacity.
B.
The franchisee and the Township shall evaluate at
minimum intervals of no greater than once every five years the need
for the provision of additional access channels for use by the Township
and the Downingtown Area School District without charge. Each reevaluation
shall consider, but shall not be limited to, the reservation by the
franchisee of the amount of capacity required to transmit one six-megahertz
channel upstream, for public, educational and governmental use, the
provision by the franchisee of all modulators, demodulators, laser
transmitters/receivers, and other devices as may be required to permit
use of the upstream capacity, and such modifications as may be required
to use video compression technology and add such equipment in connection
with all or part of the upstream and downstream channel capacity for
public, educational, and governmental use. When additional access
channels are deemed necessary by the Township after an evaluation,
the franchisee shall reserve the same for public, educational, and/or
governmental use.
The franchisee and the Township shall evaluate
at minimum intervals of no greater than once every five years the
need for the provision of one public access facility located within
the Township or at such location designated by the Township, which
facility shall include an adequate studio, editing suites, control
room, playback area, administrative and training space, tape, set,
and equipment storage space, and all property shall be secured, ventilated,
air conditioned, heated, lighted, wired, and accessible to the handicapped.
It shall also provide equipment to fully equip the facility, including
the studio, separate portable equipment suitable for community use,
automated playback equipment, and control facilities, so that signals
can be received on the upstream channels or originated from the facility,
and then routed from the facility to the broadband system headend
and onto appropriate channels on the broadband system. When the provision
of the public access facility is deemed necessary by the Township
after an evaluation, the franchisee shall provide the same in accordance
with this section.
A.
The franchisee and the Township shall evaluate at
minimum intervals of no greater than once every five years the need
for the provision of upstream channel capacity for live telecasts
from such public buildings as may be specified in the franchise agreement.
When the provision of upstream capacity is deemed necessary by the
Township after evaluation, the franchisee shall provide such capacity.
B.
Upon the provision of remote live telecasting, the
franchisee shall make available all devices necessary to accomplish
upstream telecasts through such public facilities.
The Township acknowledges that a franchisee
is entitled to pass through to basic subscribers the increased costs
incurred in providing any of the foregoing facilities and services
which may be required by the Township in the future. To the extent
Township approval is required for any such basic rate adjustment,
franchisee shall be under no obligation to provide such facilities
or services until such approval is granted.
