§ 8-1-34-25 — PEG channel capacity, facilities, and financial support; unit with existing requirements

(a) This section applies in a unit that:
(1) is included in the service area of a holder of a certificate
issued under this chapter; and
(2) requires a provider described in section 21(a) of this chapter
to provide PEG channel capacity, facilities, or financial support
under a local franchise issued to the provider by the unit before
July 1, 2006, regardless of whether the provider elects to:
(A) continue the local franchise under section 21(b)(1) of this
chapter; or
(B) terminate the local franchise under section 21(b)(2) of this
chapter and continue providing video service in the unit under
a certificate issued under this chapter.
(b) As used in this section, "PEG channel" refers to a channel made
available by a provider on the provider's video service system for
public, educational, and governmental programming.
(c) The holder of a certificate under this chapter shall provide in the
unit at least the number of PEG channels that the provider described in
section 21(a) of this chapter is required to provide in the unit under the
terms of the local franchise described in subsection (a)(2).
(d) If the local franchise described in subsection (a)(2) requires the
provider described in section 21(a) of this chapter to provide financial
support for public, educational, or governmental programming in the
unit, the holder of a certificate under this chapter shall pay the unit the
same cash payments on a per subscriber basis that the provider
described in section 21(a) of this chapter is required to pay the unit
under the terms of the local franchise. The holder shall remit payments
under this subsection to the unit on a quarterly basis, along with the
franchise fee paid to the unit under section 24 of this chapter. For each
calendar quarter, the holder shall remit to the unit an amount equal to:
(1) the cash payment for the quarter due from the provider
described in section 21(a) of this chapter; multiplied by
(2) a fraction, the numerator of which equals the number of
subscribers served by the holder in the unit, and the denominator
of which equals the total number of subscribers served by all
providers in the unit.
(e) Any payments remitted to a unit under subsection (d):
(1) are made:
(A) for the purposes set forth in 47 U.S.C. 531; and
(B) under the unit's authority under 47 U.S.C. 541(a)(4)(B); and
(2) may not be credited against the franchise fee payable to the
unit under section 24 of this chapter.

Legislative History

As added by P.L.27-2006, SEC.58.