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information and programming and two (2) of which are to be utilized by the City for governmental information and programming.  One (1) government access Channel shall remain Channel 5 as the location on the Franchisee’s System.  The City may designate an entity to be responsible for administering use of the five (5) Channels designated for educational use.  Such entity shall be responsible for the utilization, programming and scheduling of the Channels designated for educational use.  Franchisee agrees to cooperate with such entity in obtaining additional programming for cablecasting on the educational access Channels.


All access Channels shall include their vertical blanking intervals, all other video components, all aural components including subcarriers, and shall be transmitted to Subscribers on the Basic Service.  The technical quality of all access Channels under Franchisee’s control shall be at least equal to the same technical quality as the Channels used by Franchisee to retransmit local off-the-air broadcast television stations which are affiliates of the major national broadcast networks.  For access Channels not under Franchisee’s control, Franchisee shall insure that there is no material degradation in the signal that is received by Franchisee for distribution by Franchisee over the Cable System.


Notwithstanding any other provision of this Agreement, the City reserves the right to require, upon one hundred twenty (120) days’ written notice, one (1) additional Channel for government access information and programming.  The City agrees not to exercise this reservation in the event the two (2) Channels provided for governmental use under subsection (D)(1) above are not utilized by the City to distribute information or programming seventy  percent (70%) of the available time; excluding weekends and holidays.


To permit qualified Users of the educational and governmental access Channels to utilize the Channel capacity designated for their use efficiently, Franchisee shall also provide access equipment and support as provided in Exhibit B.  Such equipment and support shall be utilized as the City, in its sole discretion, deems appropriate.


[THE LANGUAGE ITALICIZED BELOW IS PRESENTLY CONTAINED IN COMCAST’S FRANCHISE WITH THE CITY.  THE CITY’S NEEDS ASSESSMENT REPORT IDENTIFIES A NEED FOR IMPROVED INSTITUTIONAL NETWORK INFRASTRUCTURE INCLUDING A LIST OF SPECIFIC LOCATIONS FOR NETWORK CONNECTIVITY.  COMCAST SHOULD PROPOSE, CONSISTENT WITH APPLICABLE LAWS, THE MOST COST-EFFECTIVE MANNER TO MEET THE CITY’S IDENTIFIED NEEDS AND INTERESTS REGARDING INSTITUTIONAL CONNECTIVITY AS SPECIFIED WITHIN THE FORMAL NEEDS ASSESSMENT REPORT.]  Franchisee shall provide a separate institutional Connection consisting of twelve (12) optical fibers in a single sheath or bundle that is capable of transporting one-way and two-way audio and video signals, non-video signaling and telemetry signals between Franchisee’s MTC facility and the City’s planned fiber-optic communications network at the planned new City Corporate Yard (near Hamilton and North Foothill) at a location to be designated by the City.  Such Connection shall include, at the discretion and satisfaction of the City, all interface equipment, including, but not limited to, modulators and demodulators, that may be required and any necessary optical splicing.  Such Connections shall be interconnected with the governmental and educational access Channels on the residential Subscriber network and, upon


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