§ A470-21. Public, educational, and governmental access.

A. 

Cablevision shall continue to make available noncommercial public, educational and governmental (PEG) access services available to the residents of the Borough as described in the application for municipal consent. All Cablevision support for PEG access shall be for the exclusive benefit of Cablevision's subscribers.

B. 

The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming during times when the Borough is not utilizing the channel for purposes of providing PEG access programming. In the event that the company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the company's rights with respect to using the channel for non-PEG programming shall be subordinate to the Borough's provision of PEG access programming on such channel.

C. 

Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this section.

D. 

Cablevision shall construct and maintain a fiber access return line at the Borough Building, 1701 North Ocean Avenue, for use by the Borough in the production of noncommercial educational and governmental access programming on the cable system. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this section.

E. 

One-time PEG grant.

(1) 

Cablevision shall provide the Borough with a one-time PEG grant of up to $8,500, payable as follows:

(a) 

An initial grant payment of $1,300 within 60 days of the issuance of the certificate of approval by the Board of Public Utilities (the "initial grant"); and

(b) 

A grant of $800 provided in annual installments, upon written request by the Borough (the "annual grant").

(2) 

The annual grant shall be payable to the Borough within 90 days from receipt of the Borough's written request. Cablevision shall not be obligated to make any additional payments beyond year 10 of the franchise term.

F. 

The Borough agrees that the initial grant and the annual grant provided pursuant to Subsection D shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision with a certification of compliance with Subsection E.

G. 

The company shall have no further obligation to provide any PEG grant payments due and payable after the date upon which the company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1.