Public Access Requirements

 

A. PEG Channel assignments

B. Capacity set-asides

C. Facilities/Equipment

D. Uplink/Origination sites

E. Technical assistance

F. Channel positions

G. Audio channels

H. Independent management

I. Additional channels

J. Promotion

In passing the Cable Communications Policy Act of 1984, Congress described public access channels as "the equivalent of the speaker's soapbox or the electronic parallel to the printed leaflet. They provide groups and individuals who generally have not had access to the electronic media with the opportunity to become sources of information in the electronic marketplace of ideas." Across the country, public-, education-, and government-access (PEG) channels have succeeded admirably in that regard, turning out thousands of hours of new programs each week, according to Public Access of Indianapolis (where, ironically, residents lost their public access channel in that city's cable franchise negotiations in 1996).

The basic PEG provision, James Horwood of Spiegel & McDiarmid explains in "Cable Franchise Renewal and Local Right of Way Management," is set forth in Section 611 of the Cable Act, 47 U.S.C. § 531, which permits cities to establish requirements for the designation of channel capacity for PEG use. A city may require as part of a franchise, or as part of a cable operator's proposal for renewal, that channel capacity be designated for PEG use, and may require rules and procedures for the use of such channel capacity. A city may enforce "any requirement in any franchise regarding the providing or use" of PEG channel capacity, including the authority to enforce franchise provisions for "services, facilities or equipment."

In its invaluable "PEG Access Basics" (PDF) document, the Buske Group describes the three divisions of PEG programming:

Public access consists of video programming and other electronic information produced, directed, and engineered by community volunteers. (For convenience, all types of information carried on PEG channels will be referred to as “programming,” although PEG channels are used to carry video information, data, video text, and voice communications.) In the case of public access, the programming is developed or acquired by nonprofit community groups, neighborhood organizations, social service agencies, and individual citizens. It focuses on many aspects of community life, ranging from the services and activities of community organizations to the opinions and beliefs of individuals in the community.

Educational access is developed or acquired by school or college employees, students, and school volunteers. It typically focuses on distance learning, school activities, and information that the school/college wants to get out to the community or share among schools.

Government access is created or acquired by local government employees, elected officials, and volunteers. It typically focuses on information about services provided by local, State, and regional governments, issues faced by local governments, and such as providing training to City employees or exchanging information between City agencies and other institutions.

Model PEG operations include the Chicago Access Network; Iowa's Public Access TV 18; New York's Manhattan Neighborhood Network; the Grand Rapids Community Media Center; the Community Media Center of Santa Rosa; SFGTV, the San Francisco government-access channel; Butte College TV; and San Jose's Civic Center TV.

A. PEG Channel Assignments: At their simplest and most straightforward, cable franchises specify the number of channels that will be devoted to PEG access. St. Paul, for example, requires seven PEG channels:

St. Paul's access channel provisions:

300.(h). Access channels.

300.(h).(1). The company shall make available for access programming purposes seven (7) channels on the subscriber network for PEG access use, as follows: four (4) channels for public access; one (1) channel for government access; one (1) for educational access; and one (1) channel for regional PEG access. One (1) additional channel shall be provided upon the city's request whenever (A) all public; or (B) all educational; or (C) the government channels; or (D) the regional channel is in use during eighty (80) percent of the weekdays, Monday to Friday, for eighty (80) percent of the time during any consecutive three-hour period for six (6) weeks running. The company shall have six (6) months from the date of the request in which to provide the new channel, but the company need not provide the channel until after the date scheduled for completion of the upgrade required by Article III (or, if earlier, the date the upgrade is actually completed).

A.2. Portland's PEG requirement is even more ambitious, specifying eight access channels before the impending system upgrade, along with more localized government- and education-channel service areas ("narrowcasting") following the upgrade.

Portland's access channel assignments:

7.3 Access Channel Assignments.

(A) The Jurisdictions may designate up to six (6) points of origination for Access Channels located within the Cable Services Area, and Grantee shall provide the technical capability to transmit Signals for Access Channels from the designated origination points.

(B) Until the Cable System Upgrade is completed, Grantee shall provide Channel assignments for PEG Access and cablecast such Access Channels to the Franchise Area, as follows:

(1) Channel 11 - public access

(2) Channel 21 - public access

(3) Channel 22 - public access

(4) Channel 30 - government access

(5) Channel 31 - educational access

(6) Channel 33 - public access

(7) Channel 53 - educational access

(8) Channel 58 - public access

(C) Upon completion of Cable System Upgrade, Grantee shall provide Channel assignments for PEG Access and Narrowcast such Access Channels to the service areas as follows:

(1) Channel 11 - public access (Franchise Area)

(2) Channel 21 - public access (Franchise Area)

(3) Channel 22 - public access (Franchise Area)

(4) Channel 30 - government access (City of Gresham boundary discretely from Multnomah County, Fairview, Troutdale and Wood Village combined)

(5) Channel 31 - educational access (Portland Community College service area and Mt. Hood Community College service area discretely)

(6) Channel 33 - public access (Franchise Area)

(7) Channel 53 - educational access (Each public school's service area within the Franchise Area discretely)

(8) Channel 58 - public access (Franchise Area)

(D) PEG Access Channel assignments, as provided under this Section, may be adjusted or altered only with the specific written approval, in advance, by the Jurisdictions. Access Channel types, (i.e. Public, Educational, Government), as provided under this Section, may be adjusted by Designated Access Providers upon approval by the Jurisdictions. If technology changes render Channel assignments obsolete, Grantee shall negotiate with the Jurisdictions to determine equitable placement of Access Channels.

B. Capacity set-asides: Instead of discrete channels for PEG use, a number of cities now require a set-aside (up to 10 percent) of network capacity. Montgomery County, Md., for example, provides for a flexible use of PEG channel assignments: "Any reference to an upstream or downstream analog channel for PEG use refers to a 6 MHz Channel. Any entity that manages an Access Channel may use that capacity to provide one or more channels of service." (Section 7 [5])

The definition of PEG spectrum used by Monterey, Calif., similarly, covers both analog and digital systems, with the latter expected to transmit 24 PEG access channels, along with "… an additional twelve (12) MHz of spectrum available for access purposes to implement technological advances, including but not limited to HDTV [high-definition television]…." (7.11.A.1)

Portland's franchise calls for a 10 percent digital set-aside:

Sec 7.2

(C) Digital Capacity. Grantee shall reserve, for PEG Access use, either ten percent (10%) of the total Activated Residential Network Downstream Digital Capacity or thirty-six (36) Digital Channels, whichever is less. These Channels shall have the Capacity to carry entertainment quality and full motion equivalent Channels. Grantee shall technically configure the Digital Access Channel Capacity as mutually agreed upon by the Grantee and the Jurisdictions. Grantee shall Activate Digital Capacity under this Subsection upon request by the Jurisdictions for PEG Access use in order to meet a community need identified by a Designated Access Provider.

(D): Digital Capacity. At the same time as digital transition under Section 7.2(C) begins, Grantee shall reserve, for PEG Access use, either 10% of the total Activated Cable System Downstream Channel Capacity on the Residential Network or 36 Channels (including Channels provided under Sections 7.2(A) and (B) and Section 7.4), whichever is less. These Channels shall have the capacity to carry entertainment quality and motion equivalent Channels , but may be reconfigured, at the City's direction, to carry Channels which require less capacity. Grantee shall Activate digital Capacity under this Subsection upon request by the City for PEG Access use in order to meet a community need identified by a Designated Access Provider.

B.2. Montgomery County's franchise includes 13 analog video PEG channels and "up to 10% of the System's total downstream digital capacity for PEG use (the 'Digital Set-aside')."

Montgomery County's PEG channel requirement:

7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND

GOVERNMENTAL USE.

(a) Access Channels:

(1) The Franchisee shall provide at least thirteen (13) analog video Channels for non-commercial public, educational and governmental use, which Channels shall be in addition to any capacity provided on the Institutional Network pursuant to Section 7(h). Seven of the thirteen (13) PEG channels shall be allocated as follows:

(A) One full-time analog video channel for County Government use;

(B) One full-time analog video channel for Educational Access use by the Montgomery County Public Schools;

(C) One full-time analog video channel for Educational Access for use by Montgomery College;

(D) One full-time analog video channel for Public Access use by Montgomery Community Television or other County designee;

(E) One full-time video analog channel for Governmental use by the City of Rockville;

(F) One full-time video analog channel for Governmental use by the City of Takoma Park;

(G) One full-time video analog channel for Governmental use by the Montgomery County Chapter of the Maryland Municipal League.

(2) The remaining PEG channels shall be allocated by the County in its sole discretion.

(3) Additionally, the Franchisee shall make available up to 10% of the System's total downstream digital capacity for PEG use (the "Digital Set-aside"), subject to a limit of 25 Channel Equivalents. Capacity made available under this section shall be used for PEG purposes only. The County and Franchisee shall work together to implement technical solutions that make the most efficient use of the Digital Set-aside. The requirements of Section 7(d) (Management of Channels), 7(e) (Editorial Control), and 7(f) (Indemnification) shall apply to programming provided over the Digital Set-Aside.

C. Facilities/Equipment: In addition to system capacity, franchise agreements also normally specify the provision of facilities and equipment for PEG use.

St. Paul's PEG facilities requirement:

304.(c). Public access facilities.

304.(c).(1). Throughout the franchise term, the company shall provide, free of rent and other charges, except those specified below, the approximately six thousand six hundred ninety (6,690) square feet of space at the Union Depot… (hereinafter "designated space" or "space") for use by the designated entity responsible for public access. In addition, the company shall provide the approximately two thousand five hundred (2,500) square feet of space at the Union Depot… (hereinafter the "expansion space"). The designated entity shall pay the company fifty (50) percent of the amount (if any) actually paid by the company annually for rent and property taxes for the expansion space, but no more than twelve thousand five hundred dollars ($12,500.00) per annum, plus the operating charges specified below. The designated space shall include the studio, edit facilities and other equipment and resources, available for PEG use as of December 1, 1997. The company shall maintain the availability of existing utilities and HVAC [heating, venting, and air conditioning] in designated space and expansion space as part of the company's obligation to ensure that this space remains commercially habitable consistent with its existing use and will allow the designated entity to expand HVAC and utilities, and allow the designated entity temporary access to its space for such purposes. In addition, the company shall ensure that restroom facilities are available to the designated space, in addition to the restrooms available to the expansion space.

304.(d). In the event the designated entity is denied use of the designated space or expansion space by the company or any third party, the use of the designated space or expansion space is prohibited by local law or code, or the designated space or expansion space is rendered unfit for use as a video production and playback facility, the company shall provide to the designated entity on comparable terms and conditions six thousand six hundred ninety (6,690) square feet of space comparable to the designated space and two thousand five hundred (2,500) square feet of contiguous space comparable to the expansion space, finished to comparable quality and with comparable utilities and services as existed in the designated space and expansion space at the time of relocation at an alternative location (hereinafter "substitute space" or "space"), mutually selected by the company and city, or, if the parties cannot agree, by binding arbitration pursuant to section 430.035 of the city's Legislative Code. The company shall pay reasonable relocation expenses, including, but not limited to, expenses for reinstalling electrical and technical equipment and for third-party reactivation, reconnection of internal equipment, and balancing. The alternative space must be provided so that there is no interruption in PEG operations.

D. Uplink/origination sites: Often included in the PEG facilities requirement is a stipulation for live origination points around the city, including locations on the institutional network (see section V) as well as other PEG systems in the region (if those systems are interconnected [see section II. B]). Portland's franchise, for example, calls for a full range of "uplink sites":

Portland's requirement for live origination points (uplink sites):

7.6(C) Live Origination Points. Both before and after the Cable System Upgrade required under this Franchise, the Grantee shall provide, at a minimum, the transmission capability for Designated Access Providers to originate discrete, live Programming from:

(1) Designated Access Providers;

(2) any location on the Institutional Network (including any High- or Low-Capacity I-Net locations to the extent technically feasible given the priority functioning of the Residential Network); and,

(3) any available Programming origination points on any cable system with which the PEG Access Channels are Interconnected, provided other cable operators permit.

D.2. St. Paul's franchise features a similar "upstream" requirement, while Montgomery County specifies the local institution from which "return feeds" will be guaranteed:

St. Paul's upstream requirement:

300.(j). The company, at its cost, shall maintain and operate the system so that the city or the designated entities or users of PEG use capacity (through the designated entity) may transmit signals upstream from distant locations on the institutional network whether existing as of the effective date of the franchise, or added thereafter; and so that the city may transmit signals upstream from City Hall playback facilities to the headend, to the designated entities' respective master controls and to subscribers. The company shall also maintain and operate the system so that signals can be routed onto the appropriate PEG use channels and so that designated entities may, from their respective master control sites, receive signals from and transmit signals to the headend and out through the institutional network and the subscriber network on the appropriate channels. Designated entities must be able to control signals from distant locations and preview them before they are transmitted to subscribers or to the institutional network. The company shall at all times provide a dedicated connection to the master playback controls for the PEG access channels with sufficient capacity so that each designated entity can program the channels under its control. In addition, the company shall provide a connection with sufficient activated capacity so that the public access designated entities may program all the subscriber network PEG channels for which they have playback responsibility simultaneously, and so the public access master playback control can preview signals originated elsewhere and route them onto the appropriate channels. The company shall maintain and operate the system so that the city or its designated entities can take advantage of the capabilities of the system.

D.3. Montgomery County's return feed requirement:

7 (c) Return Feed From Facilities:

(1) The Franchisee shall provide dedicated, bi-directional fiber optic links between the headend and each of the following PEG facilities, at the addresses designated in Exhibit E:

(i) Montgomery Community Television, Inc.;

(ii) Montgomery College;

(iii) Montgomery County Public Schools administration building;

(iv) Montgomery County Executive Office Building;

(v) City of Rockville City Hall;

(vi) City of Takoma Park City Hall

(vii) Maryland Municipal League;

(viii) University of Maryland;

(ix) Chevy Chase Village; and

(x) Town of Chevy Chase.

These links shall be completed within twelve months of the effective date of the Franchise.

E. Technical assistance: Another item that can be incorporated in franchise requests is assistance from the cable provider to ensure the smooth operation of the PEG facilities.

Austin's technical assistance requirement:

4.7. Access Resources. The Grantee shall provide technical assistance necessary to transmit access programming on the Access Channels as directed by the City, as applicable, on an as-needed basis. In no event, however, shall this obligation include assistance with the production of programming.

F. Channel positions: Once they are assigned, PEG channels can both be guaranteed a place in the basic service tier and assured of a more-or-less permanent placement in the overall channel alignment.

St. Paul's franchise requires that PEG be included in the basic tier (or its equivalent):

300.(l).(4). The company will provide any PEG access channels on the basic tier throughout the life of the franchise, or if there is no basic tier, shall provide the PEG access channels to any person who subscribes to any level of cable video programming service at no additional charge, and otherwise in accordance with federal and state law. If channels are selected through a menu system, the PEG access channels shall be displayed in the same manner as other channels.

F.2. Montgomery County's franchise includes a provision concerning fixed positions of access channels:

7 (4) Access Channel assignments should not be changed unless there is good cause and the entity responsible for managing the Access Channel consents to the change. Such consent to a channel assignment change shall not be unreasonably withheld. Access channel assignments should be the same throughout the System. If the Franchisee decides to change the channel designations for Access Channels, it must provide six months notice to the County prior to doing so, and shall reimburse the County and/or PEG users for any costs incurred for purchasing or modifying any equipment or for making logo changes necessitated by the channel designation changes. Alternatively, the Franchisee may choose to supply such equipment itself, provided such equipment is satisfactory to the County or PEG users.

G. Audio channels: Although audio programming is often overlooked in franchise agreements, audio channels can provide a valuable local alternative to the lamentable state of commercial radio. Such programming (which will become increasingly viable in the digital cable environment, with its expanded system capacity) is acknowledged in Portland's franchise.

Portland's Audio Channel requirement:

(E) Stereo Audio Channel. Grantee shall designate and provide for PEG Access use of one Upstream and one Downstream FM or digital stereo audio Channel for PEG Access audio Programming or audio simulcast with PEG Access video Programming. PEG Access use of these channels shall have priority over all other uses, so long as Grantee is notified ninety (90) days in advance of each use.

H. Independent management: While a number of PEG operations around the country are managed by cable companies themselves, independent, municipal, and institutional management of PERG is vastly preferable. "The creation of a nonprofit corporation," notes the Buske Group, "is broadly recognized as an advantageous approach to developing and facilitating public access as well as educational and government access in a community." Among the advantages of this model, Buske explains, are the following:

• Demonstrated track record of achievement in many communities.

• Primary purpose of nonprofit is to assure the wide use of access resources.

• Operations and programming efforts are more responsive to the community's needs.

• Provides a community-based approach to decision making.

• Board of Directors of nonprofit is broad-based and representative of the community.

• More accountability to the community.

• Provides a degree of insulation between local government and cable company in area of program content and liability for program content. This insulation has proven to be extremely valuable to both the local government and cable company in many communities.

• Allows government to have accountability function regarding public access rather than control over content of public access programs.

• Because of the nonprofit status and the combined PEG approach there are more potential sources of funding for special activities and projects.

Nonprofit access organizations, Buske adds, can provide a variety of management services, including the following:

1. Operate Public, Educational, and Government Access Channel(s): Operate the access cable channels for PEG access programming with the primary purpose being to administer, coordinate, and assist those requesting access on a non-discriminatory basis.

2. Operate a Community Access Center: Provide a video production facility and equipment that shall be available for public use at such hours and times as are determined by the access corporation. Access to equipment and facilities shall be open to all those who receive training or who receive a certification from the access corporation identifying the user(s) as having satisfied training requirements.

3. Develop Operating Rules and Procedures: Develop rules and procedures for use and operation of the access equipment, facilities and channel(s) and file such rules and procedures with the City.

4. Training: Teach video production techniques to City residents and, when requested, City and school employees. Provide technical advice for the productions.

5. Playback/Cablecast: Provide for the playback/cablecasting of programs on the access channel(s).

6. Maintenance of Equipment: Provide regular maintenance and repair of all video equipment.

7. Promotion/Outreach: Actively promote the use and benefits of the access channel(s) and facilities to subscribers, the public, access users, community groups, local government, educational institutions and the cable operator.

8. Volunteer Management: Develop and manage a pool of volunteers who create community-based programs and assist others wishing assistance.

Palo Alto's franchise includes a stipulation concerning the independent operation of PEG channels:

7.11.3 Requirements Regarding Rules and Procedures for Use of PEG Access Channels.

(1) The City may designate a Community Access Organization to manage the use of PEG access channels provided in the Service Area, which are provided pursuant to the Franchise.

(2) The Community Access Organization shall establish and enforce rules for use of the PEG Access channels to ensure non-discriminatory access to the extent required by applicable Law to one or more channels to similarly situated Users, and promote use and viewership of the channels, consistent with the obligation to provide non-discriminatory access to similarly situated Users. The City shall be responsible for establishing and enforcing rules for use of the PEG Access channels during any period such Community Access Organization does not exist.

(3) TCI [now Comcast] may not exercise any editorial control over the content of programming on the designated PEG Access channels (except for such programming TCI may produce and cablecast on the same basis as other PEG Access channel Users).

(4) The PEG Access channels shall be available at no charge to Users, the Community Access Organization, and/or the City.

(5) PEG Access channels may not be used for the cablecast of commercial advertising or a program whose purpose is commercial and for-profit without the express written permission of TCI.

I. Additional channels: Even an expansive franchise, such as Portland's (which requires eight PEG channels), leaves room for growth by incorporating triggers for the deployment of additional access channels.

Portland's requirement for additional PEG channels:

7.4 Expansion of Access Channels.

(A) In areas where the Cable System Upgrade under in Section 11 has been completed and for those Subscribers who have been cut-over to the Upgraded Cable System, and prior to completion of the digital transition under Section 7.2(D), the Grantee shall reserve additional Downstream Standard Video Channels, so that there are a total of nine (9) Downstream Channels, for PEG Access use. The Jurisdictions may require Activation of these reserved Access Channels when a Designated Access Provider demonstrates to the Jurisdictions, and the Jurisdictions provide such information to the Grantee, that additional reserved Channels are needed. In determining such need, the Jurisdictions shall use the following criteria, as applicable to the type of Access Channel to be Activated:

(1) Public Access Channels: During eight (8) consecutive weeks, the Public Access Channel is in use for Original programming at least eighty percent (80%) of the time, seven (7) days per week, for any consecutive five (5)-hour block during the hours noon to midnight, and programming is Locally Produced or Locally Sponsored; or,

(2) Educational Access Channels: During eight (8) consecutive weeks, the Educational Access Channel is in use for Original programming at least eighty percent (80%) of the time, five (5) days per week, Monday through Friday, for any consecutive five (5)-hour block during the hours 9:00 am to 9:00 pm, and programming is Locally Produced or Locally Sponsored; or,

(3) Government Access Channels: During eight (8) consecutive weeks, the Government Access Channel is in use for local, Original programming at least eighty percent (80%) of the time, five (5) days per week, Monday through Friday, for any consecutive five (5)-hour block during the hours 9:00 am to 9:00 pm, and programming is Locally Produced or Locally Sponsored.

J. Promotion: Many PEG operations are well-kept secrets, unfortunately, overshadowed by network TV, ESPN, HBO, and similar mainstream fare. Thus a number of forward-looking franchise agreements include requirements for the promotion of PEG programming, covering such items as public service announcements, electronic program guide listings, and fliers inserted in subscribers' bills.

St. Paul's requirement for PEG promotion:

304.(h). The company shall provide the following promotional support for access:

304.(h).(1). Two (2) cross-channel public service announcement spots daily to promote community programs and the availability of community programming facilities and training;

304.(h).(2). All PEG access channels shall be listed on the electronic program guide (EPG) and in printed materials describing or listing channels on the system;

304.(h).(3). Insertion at no charge in at least two (2) bill stuffers annually for promoting the designated entity's service or generally promoting community programming, which bill stuffers shall be produced by the designated entity and shall conform to the company's standards and policies for size and weight. Any bill stuffer denigrating the company, its service or its programming is not permitted.

304.(h).(4). Distribution of the designated entity's newsletter to the company's employees.

J.2. Palo Alto's requirement for PEG promotion:

7.11.7 Promotion. In order to help develop and maintain (a) awareness of the PEG Access resources and services, and (b) viewership of the PEG Access channels by Subscribers, TCI [now Comcast] shall, during the term of this Agreement, provide the following promotional services to the Community Access Organization, free of any charges:

(1) Program schedule information for each PEG Access channel shall be listed in all print and electronic program guides provided by TCI to Subscribers, in the same manner as the program schedule information for other cable channels is listed. TCI shall provide the Community Access Organization access to third party providers to include PEG Access channel listings in their print and electronic program guides provided by TCI to Subscribers. The Community Access Organization shall be responsible for the timely provision and updating of these listings. Any fees associated with special placement or handling beyond the standard manner of presenting program schedule listings shall be the responsibility of the Community Access Organization.

(2) CAO Ad Avails [listing of spots available].

(A) During the first eighteen months after the effective date of this Agreement, TCI shall provide to the CAO, free of charge, five thirty-second ad avails per week, one of which will be in prime time and four of which will be in non-prime time.

(B) After the first eighteen months after the effective date of this Agreement, the CAO may purchase from the Cable System, at its lowest unit rate, up to five thirty-second ad avails per week, one of which will be in prime time (Pacific Time zone) and four of which will be in non-prime time. Nothing in Section 7.11.7(2) shall be construed to limit the CAO’s ability to purchase additional ad avail time from the Cable System at market rates.

(3) On an annual basis, TCI shall allow the Community Access Organization to submit to it written or printed material, created at the Community Access Organization’s expense, to be mailed to all subscribers within the Service Area. All costs of duplicating and mailing the material shall be borne by the Community Access Organization. TCI shall provide access to its vendors so as to afford the Community Access Organization the most affordable printing, delivery and mailing price for the distribution of the CAO’s written or printed material to Subscribers.

J.3. Monterey's requirement for promotion of PEG channels:

7.11. H. Promotion. In order to help develop and maintain (a) awareness of the PEG access resources and services, and (b) viewership of the PEG access channels by Monterey cable subscribers, the Grantee shall, throughout the term of this Agreement, provide the following promotional services to the Access Corporation, free of any charges:

1. Thirty (30) 30-second PEG access promotional announcements per month on the cable programming services in which local advertising is inserted, to be scheduled no less than ninety (90) days prior to cablecasting. In addition:

a. Ten (10) of these monthly PEG access promotional announcements shall be inserted during “prime time” hours (i.e., between 7:00 p.m. and 11:00 p.m.), and

b. Five (5) of the monthly PEG access promotional announcements that are inserted during prime time hours shall be placed on channels selected by the Access Corporation.

2. Program schedule information for each PEG access channel shall be listed in all print and electronic program guides provided by the Grantee to subscribers, in the same manner as the program schedule information for other cable channels is listed. The Grantee shall provide the Access Corporation access to third party providers to include PEG access channel listings in their print and electronic program guides provided by Grantee to its subscribers. The Access Corporation shall be responsible for the timely updating of these listings. Any fees associated with special placement or handling beyond the standard manner of presenting program schedule listings shall be the responsibility of the Access Corporation.

3. On an annual basis, the Grantee shall allow the Access Corporation to submit a billstuffer, created at the Access Corporation’s expense, to be inserted into all customer statements within the Grantee’s cable system in Monterey County. All costs for insertion and postage shall be provided by the Grantee. The Grantee shall provide access to its vendors so as to afford the Access Corporation the most affordable printing price for the billstuffers. In consideration of regulatory notification requirements, the Grantee has final approval on the dates for insertion.