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Activating the Fifth Access Channel |
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Written by Administrator
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Friday, 28 July 2006 |
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Below is the section of Bright House Networks? 1996 local Cable Franchise Agreement with Indianapolis that deals with the provision of access TV channels. Comcast?s franchise agreement is similar. Our position is that there is no ?substantially full? requirement on the provision of the fifth access channel, like the fourth channel that is now the Government Access 2 channel, although there is on the sixth. The complete franchise agreements are available online at www.indygov.org/eGov/Cable/Franchise/Agreements/home.htm.
ARTICLE SIX - PUBLIC, EDUCATIONAL OR
GOVERNMENTAL ACCESS FACILITIES
Section 6.01. Channel
Capacity
To meet the needs of City with respect to this renewal of Operator's Cable System Franchise, Operator agrees to provide the following channel capacity designated for educational or governmental use:
1. Operator shall continue to provide the three (3) existing analog channels,
2. Upon completion of the System Rebuild* of Operator's Cable System to comply with Article Four, Operator shall provide one additional analog channel for educational or governmental uses, and
3. Upon activation of digital services** to Subscribers on rator's Cable System, Operator shall provide two (2) additional analog channels (of 6 Mhz each in the bandwidth between 50 Mhz and 550 Mhz) for educational or governmental use, which shall allow City, at its option, to relocate any or all of the video services described in Section 5.01 or to use such bandwidth for educational or governmental use. The second of these two channels shall be made available only after the first channel is substantially full. For purposes of this paragraph, "substantially full" shall mean that non-duplicative original audio/video (non-alphanumeric) programming is provided at least ninety percent (90%) of the hours between 7:00 a.m. and 10:00 p.m., except Sundays, using either analog or digital technology similar to that used by Operator for services to its Subscribers. For purposes of this subsection, the first rebroadcast of programming originally broadcast in real time shall not be considered a duplication of programming.
* Completed in 1999 by Bright House Networks and 1998 by Comcast
** Offered in 2001 by Bright House Networks and in 1998 by Comcast
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