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� ' <br /> fee payments to be paid by Comcast to the City hereunder, provided that Comcast has received at <br /> least ninet 90 da s rior written notice from the Cit of such amendment. <br /> Y � ) Y P Y <br /> 4.2 The fee will be identified and passed through on any Subscriber bill by Comcast. <br /> The fees described in this Section shall be due on a quarterly basis, forty-five (45) days after the <br /> close of each quarter. <br />' 4.3 For purposes of the fee to be paid by Comcast pursuant to Section 4.1, in the case <br /> of Cable Service that may be bundled or integrated functionally with other services, capabilities, <br /> or applications of Comcast, the fee shall be applied only to the Gross Revenues attributable to <br /> Comcast's Cable Service, as reflected on the books and records of Comcast kept in the regular <br /> course of business in accordance with generally accepted accounting principles and FCC rules, <br /> regulations, standards, and orders, as applicable. <br /> 4.4 Any undisputed franchise fee payment which remains unpaid in whole after the <br /> date specified herein shall be delinquent. For any Franchise fee payments, owed by Comcast in <br /> accordance with the Section which are not made on or before the due dates, Comcast shall make <br /> such payments including interest at an annual rate of twelve percent (12%) or two (2) percent <br /> over prime lending rates as quoted by Chase Bank U.S.A or its successor, whichever is higher, <br /> computed daily from time due until paid. Any undisputed overpayments made by Comcast to the <br /> City shall be returned or credited upon discovery of such overpayment and shall be payable <br /> within 30 days of the receipt of written notice from Comcast. <br /> 5. Educational and Governmental Programming. <br /> 5.1 PEG Channels. Comcast shall provide capacity for the City's noncommercial <br /> public, educational and governmental ("PEG") programming through Comcast's Cable Service, <br /> including sufficient bandwidth capacity to carry PEG channels required by the City. As of the <br /> effective date of this Agreement, the City utilizes two (2) PEG channels. The City may request, <br /> and Comcast shall provide on a digital tier of service, a third (3`d) PEG channel upon 180 days <br /> advance written notice by the City. <br /> 5.2 Comcast Use of Fallow Time. Because the City and Comcast agree that a blank <br /> or under utilized Access Channel is not in the public interest, in the event the City does not <br /> completely program a Channel, Comcast may utilize the Channel for its own purposes in <br /> accordance with the terms of 47 U.S.C. §532(b)(4). Comcast may program unused time on the � <br /> Channel upon no less than sixty (60) days prior written notice to City subject to reclamation from <br /> the City. The programming of the Access Channel with text messaging or playback of previously <br /> aired programming shall not constitute fallow time. Text messaging containing out of date or ' <br /> expired information for a period of thirty (30) days shall be considered fallow time. A <br /> programming schedule that contains playback of previously aired programming that has not been <br /> updated for a period of ninety (90) days shall be considered fallow time. Fallow time shall be <br /> considered to be a period of time, in excess of six (6) hours, where no community produced <br /> programming of any kind can be viewed on an access Channel. Fallow time shall not include <br /> periods of time where programming cannot be viewed that are caused by technical difficulties, <br /> transition of broadcast media, signal testing, replacement or repair of equipment, or installation <br /> or relocation of facilities. <br /> 5 <br /> 1043854v2 <br />