Section 5.34.070 Extension of Network and Programming.

A. Extension throughout service area. The operator shall design and construct the cable communications system in such a manner as to pass by every single-family dwelling unit, multiple-family dwelling unit, school, and public agency within the service area. Service shall be extended to all properties where a minimum of ten (10) living units are occupied within a quarter linear mile of any area currently serviced by the operator. New construction shall be in accordance with an annual schedule accepted end approved by the City.

B. Nondiscriminatory service. Construction of the network shall be performed by the operator in such a manner as to ensure that no group of potential subscribers is denied access to services because of the income level of the group or because of the relative cost of extending services into the particular area in which the group resides; provided however, that such extension may be denied based upon the density requirements stated above.

C. Service to public facilities. The operator shall provide one basic service outlet to all City buildings, fire houses, police stations, colleges, universities, public schools, and libraries, upon request, which are within Uintah County, and passed by the network. An additional service outlet shall also be provided in each room or area where television reception is desired in any of the above-mentioned buildings, provided that the operator shall be reimbursed its actual cost for labor and materials required in the installation of such service outlets which are additional to the main outlet, but no service or other charge will be made after installation.

D. Type of programming. The City may suggest, from time to time, broad categories of video programming and other services that are compatible with community needs and interests as identified by the City. The operator shall not offer programming which is obscene, or in conflict with community standards in that it is lewd, lascivious, filthy, or indecent or is otherwise unprotected by the Constitution of the United States.

E. Public, education and government access channel. The City shall have exclusive right to the use of one dedicated channel for public, educational, and governmental purposes. Within ninety (90) days following execution of the franchise agreement, the operator shah provide basic equipment necessary for production and distribution of character generated and previously recorded programming on the government access channel, in accordance with operator's letter to the City dated January 3, 1992. The operator may request to utilize all or part of the Public, Education, and Government Access channel when not in use by the City by providing a written request to the City at least thirty (30) days prior to the desired use. The City shall not unreasonably withhold approval of such a request. The City shall, at the sole discretion of the City, provide thirty (30) days written notice to the operator prior to modifying or eliminating the operator use of the channel.

2. The City enters into a local access agreement granting said third party the rights and obligations to produce local access in accordance with the terms and conditions contained within the franchise acceptable to the City in the City's sole opinion and discretion.

3. Insight enters into a commercial leased channel agreement in accordance with all Federal, State and local laws with said third party that is acceptable to Insight and Insights sole opinion and discretion.

The City and Insight agree to hold each other harmless for all direct and indirect consequences, effects, and performances of said third party and the City expressly agrees that the direct and indirect consequences, effects and performances of said third party will in no way reflect upon Insight nor be considered a violation or breach of the franchise by Insight.

Throughout the term of said contract, the City shall at all times have the right to approve or disapprove any of the programming to be distributed by such third party. In addition to which the City may tape its community events at the City offices for continued cable cast on the channel at such times that the City shall determine.

Upon termination or expiration of any agreement between the City and said third party, use of the channel shall revert back to the City for its exclusive use as a public, educational, governmental channel in accordance with the terms of the franchise upon thirty (30) days notice to Insight.

F. Emergency signal override. In the event of a major emergency or disaster in the City, the operator shall provide the City with the shared-use ability to override cable programming in order to distribute information regarding the emergency or disaster on all cable channels. City shall fully indemnify, defend and hold harmless Insight from and against any and all costs, claims, damages and liabilities, including but not limited to legal fees, arising out of or caused by the operation of the emergency signal override.