Yucaipa Municipal Code Art. XIV Access Channel Requirements

All franchisees providing cable service in the city shall, if so required by their franchise agreements, interconnect the access channels of their cable system with the access channels of all other local cable systems in order that Public, Education or Government (“PEG”) channel programming can universally be available on the same channel number to all cable subscribers on the city.

(Ord. 205 § 3, 2001)

The city may require in its request for proposals as a part of a new franchise, and may require as a part of a cable operator’s proposal for a franchise renewal, the following:

Defend, indemnify and hold harmless a franchisee from and against any and all damages, liabilities and claims arising from or in any manner related to the use of such PEG access channels.

(Ord. 205 § 3, 2001)

§ 4.20.113.3-A. Fee for support of PEG access facilities and activities.

A. A fee paid to the city is established for the support of public, educational, and governmental access facilities and activities within the city. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent of a franchise’s gross revenues, as that term is defined in Section 4.20.102.26, or in the franchisee’s franchise agreement, or in applicable provisions of state or federal law. This fee is also applicable to a state video franchise holder operating within the city, which shall pay to the city one percent of its gross revenues derived from the provision of video services within the city. The term “gross revenues” shall be defined as set forth in California Public Utilities Code Section 5860.

B. The fee established by this section shall be remitted quarterly to the city of Yucaipa finance department and must be received no later than forty-five (45) days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based, which summary must be verified by a responsible financial officer or employee of the video service provider.

(Ord. 265 § 1, 2007)

The city or other person responsible for the operation, administration and programming on each such PEG access channel shall in no manner lease, transfer, assign or divest itself of control of the use of such channel(s), or the availability of programming time over such channel(s), for any purpose to any other person, provided that the city may transfer management and control of such channel to a nonprofit person, including without limitation an access corporation, in which case such person shall be subject to each of the provisions of this section.

(Ord. 205 § 3, 2001)

The city will exercise control over the operation of the PEG access channels. The city may create or designate one or more persons to be individually or jointly responsible for administering PEG access channels, including without limitation an access corporation. The city may delegate to such persons responsibility for the management, utilization, programming and scheduling of such PEG access channels.

(Ord. 205 § 3, 2001)

All PEG access channels shall be a part of franchisee’s basic service provided, however, that such a level of basic service exists; if such a level of basic service does not exist and, for example, all channels are provided on a la carte basis, then all PEG access channels shall be provided to subscribers without charge unless federal or state regulations provide to the contrary. The location for access channels, unless otherwise provided in the franchise agreement, shall be in the sole discretion of franchisee, provided that franchisee shall provide city or any person or access corporation designated by the city to operate such channels with at least ninety (90) days’ prior written notice of any change in channel assignment for such additional access channels.

(Ord. 205 § 3, 2001)