Upon request by any subscriber, grantee shall make available at grantee's actual cost a parental control or lockout device compatible with the subscriber's equipment that will enable the subscriber to block access to any or all channels in accordance with Sections 640 and 641 of the Cable Act.[1]
[1]
Editor's Note: See 47 U.S.C. §§ 560 and 561.
Leased access channels shall be provided in accordance with Section 612 of the Cable Act.[1] A leased access channel need not be activated or otherwise made available for any particular user until such time as an agreement with respect to charges for said channel has been reached between grantee and said user. Grantee shall charge no more for said channel use than that amount allowed under federal or state law.
[1]
Editor's Note: See 47 U.S.C. § 532.
The grantee shall comply with all emergency or disaster notification requirements in accordance with and at the time required by the provisions of the then-applicable valid law, including FCC regulations [47 CFR Part 11, FCC Rules and Regulations, Emergency Alert System (EAS)] and provisions relating to the grantor's emergency operations plan (35 Pa.C.S.A. §§ 7101 to 7707) and the Pennsylvania Amber Alert System (35 P.S. § 7025.1 et seq.).
A. 
A grantee shall, if required in the franchise agreement, construct, activate, and thereafter maintain an institutional network capable of transmitting two-way voice, data and video signals. A specific plan shall be made part of a franchise agreement.
B. 
The institutional network shall be designed and constructed so as to interconnect public buildings including educational institutions, grantor facilities, libraries, police and fire departments and other institutions as designated by grantor.
A. 
If required in the franchise agreement, the grantee shall make bandwidth on its cable system available for up to two downstream channels for noncommercial access programming use. Channel capacity for public access shall be provided if required in a franchise and approved unanimously by the CACC. Additional PEG channel capacity shall be made available when, over a period of six consecutive months, 60% of the prime time (7:00 p.m. to 11:00 p.m. each evening) on the existing access channel(s) on average are fully occupied with locally produced access channel programming. Such additional channel availability will be provided within 180 days of the grantor's certification of such use and written request for additional channel(s). Grantee shall offer to each of its subscribers who receive all or any part of the cable services offered on the system reception of the access channels. No charges shall be made for channel time or playback of prerecorded programming. Management of the access channels programming shall be the responsibility of the grantor, and not the responsibility of the grantee.
B. 
It shall be the grantee's sole responsibility to provide the cable, wire, lines and/or other necessary signal distribution equipment such that live or playbacks of access channel programming can be received from the selected production location and be distributed via the cable system to subscribers in the grantor. These cables, wires, lines and other signal distribution equipment shall be collectively known as the "return line."
C. 
Access channels may also be used by grantee when such channel or channels are not being used by grantor for access programming and provided that such channel usage is subject to grantor approval and displacement by grantor upon 180 days' prior written notice to the grantee if there is demand to use the access channel.
D. 
The grantee shall be responsible for the technical maintenance and, signal quality of such channels. Signal quality on such channels shall be commensurate with those which apply to the grantee's regular commercial channels and the grantee shall, upon request, provide copies of FCC signal quality proofs of performance with respect to those channels.
A. 
The grantee shall provide financial support permissible under applicable law as an equipment replacement and facilities capital grant payable by grantee to grantor to support the cost of facilities and equipment for development of programming for playback on access channels in the amount and payable in a manner described in a franchise, and may be itemized and passed through to the subscribers. The grantor shall own and maintain all equipment purchased with equipment funding.
B. 
The grantee will provide access channel support as specifically agreed to in the franchise agreement; and will periodically inspect and maintain the return line to ensure that the technical quality of the retransmitted access programming signal meets FCC regulations. The grantee will not engage in any editorial control of the content of programming on an access channel on the cable system, except as otherwise required or permitted by law. The grantor shall be solely responsible for the use of the access channels and shall indemnify and hold harmless the grantee from any and all claims, demands, actions and damages (including attorney's fees) arising from the use or operation of the access channels.
C. 
Use of a channel position for public, educational, and/or governmental (PEG) access shall be provided on the most basic tier of service offered by grantee in accordance with the Cable Act[1] and a franchise agreement.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
D. 
Grantee shall insure that all access channels meet the technical standards of the FCC; provided, however, grantee shall not be responsible for defects, flaws or other impairments in the access channel programming delivered to grantee and shall only be responsible for maintenance for facilities and equipment under its control applicable to the playback of programming on access channels of a grantee's system.
E. 
If grantee makes changes to its cable system that necessitate modifications to access channel(s) signal transmission facilities and equipment (including but not limited to the upstream paths), grantee shall provide reasonable advance notice of such changes to the grantor and shall provide, at grantee's expense, any additional or modified head end facilities necessary to implement such modifications within a reasonable period of time prior to the date that the system changes are to be made.
F. 
Upon request by the grantor, the access channels shall be made available in digital formats comparable to commercial offerings at the time grantee converts 60% of its system to digital transmission.