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insure that local programming meets the needs of the City for diverse programming on issues of local interest.

(H)(2)

Consistent with the provisions of subsection (H)(1) above, Franchisee shall provide funding for locally produced programming as set forth below.  These funds shall be used to assist members of the general public in the production and cablecasting of local public access programming and to enable Franchisee to produce local programming itself.  Disputes over whether Franchisee has complied with this obligation shall be resolved by the Cable Advisory Board.  Franchisee shall provide the City with sufficient information to permit the City to determine whether Franchisee has operated in compliance with this section.

(a)

Franchisee shall provide a minimum of [AMOUNT TO BE BASED ON FRANCHISEE’S PROPOSAL TO MEET PEG RELATED NEEDS AND INTERESTS IDENTIFIED BY CITY IN ITS NEEDS ASSESSMENT REPORT]   and No/100 Dollars ($) per year throughout the term of this Franchise Agreement for the production and cablecasting of locally produced programming including programming produced by the public.  This amount shall be increased each year by a percentage amount equal to the percentage increase (if any) in the Consumer Price Index for Spokane, Washington for the previous year.  Any and all payments by Franchisee to City in support of PEG access programming shall not be deemed “Franchise Fees” within the meaning of Section 622 of the Cable Act (47 U.S.C. Section 542).

(b)

In addition, Franchisee shall match, on a dollar-for-dollar basis, any additional funds provided by the City, public access organizations, nonprofit organizations or other persons or entities for the production and cablecasting of locally produced programming up to a maximum contribution by Franchisee of [AMOUNT TO BE BASED ON FRANCHISEE’S PROPOSAL TO MEET PEG RELATED NEEDS AND INTERESTS IDENTIFIED BY CITY IN ITS NEEDS ASSESSMENT REPORT] and No/100 Dollars ($) per year.  This amount shall be increased each year by a percentage amount equal to the percentage increase (if any) in the Consumer Price Index for Spokane, Washington for the previous year.  Any and all payments by Franchisee to City in support of PEG access programming shall not be deemed “Franchise Fees” within the meaning of Section 622 of the Cable Act (47 U.S.C. Section 542).

(H)(3)

In addition to the provisions of Subsections (H)(1) and (H)(2) above, Franchisee shall make available a studio and necessary production equipment for the production of local programming produced by the public for cablecasting on the System.  Use of the Channel, studio and production equipment shall be subject to such rules as Franchisee shall establish, subject to the approval of the City, which approval shall not be unreasonably withheld.  Terms and conditions for use of the studio and production equipment shall be such as to encourage access use.  Such rules shall provide for access to the studio and production equipment by City residents and other entities located within the City with no prejudice, disadvantage, preference or advantage to or for any persons or entity in Connection with such use.  The rules may require certain levels of training or experience before equipment may be used by individuals or entities who are not employees of Franchisee, and may require deposits before equipment may be

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