§ 12-18. Access channels and facilities.  


Latest version.
  • (A)

    Until its franchise is renewed, if at all, unless its franchise agreement expressly provides otherwise, a franchisee existing as of September 15, 1998 shall make available, without charge, unlimited time on up to three (3) channels, as follows:

    (1)

    An educational access channel to be used by the Orange County School Board and other designated educational institutions. This educational channel shall be interconnectible with the educational channel of other cable systems operating in adjacent municipalities, counties and other nearby areas;

    (2)

    A local government access channel, the allocation and use of such to be determined by the Board; and

    (3)

    If the County's needs and interests require, the franchisee shall provide one (1) more channel for educational, local government or public access as requested by the Board.

    (B)

    (1)

    Any application for an initial franchise or renewal of an existing franchise shall include a proposal for the provision of educational, local government and public access channels and equipment and facilities relating to such channels sufficient to meet the County's needs and interests, taking into account the cost of meeting such needs and interests. At a minimum, a franchisee shall provide the following number of dedicated access channels: two (2) channels for governmental access; one (1) channel for educational access, which will be operated and managed by the Orange County Public School Board; and one (1) additional channel for governmental, educational or public access if the County's needs and interests require an additional channel. Such channels shall be used exclusively for purposes of educational, governmental and public access programming unless the County has provided notice to a Franchisee of the availability of excess time on the channel. The franchisee shall carry and transmit on its lowest basic service level the educational (E), governmental (G) and public (P) programming carried and transmitted on the access channels approved by the County. These signals shall be of high quality and made available to the County at no fee.

    (2)

    In addition, all such applications shall include a proposal with respect to the amount of the support (in the form of a financial grant, equipment, facilities, technical services or other support) to be provided by the franchisee to the County for PEG-related activities sufficient to meet the County's needs and interests, taking into account the cost of meeting such needs and interests. All applications shall contain a statement to the effect that the franchisee agrees that to the extent such support represents capital costs associated with PEG facilities within the meaning of 47 U.S.C. §542(g), such support does not constitute a franchise fee within the meaning of federal or state law.

    (C)

    A local government access channel, an education access channel or a public access channel shall be used exclusively for the purpose designated by the Board.

(Ord. No. 98-20, § 1, 9-15-98; Ord. No. 2001-25, § 5, 12-18-01)