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ORDINANCE NO. 2000 <br />PAGE 25 <br />additional PEG Channel(s)) are at least 70% fully utilized. To the extent that such Village <br />requirement is not met, the additional PEG Channel shall be terminated subject to <br />reactivation at the request of Grantor upon demonstration by Grantor that the three original <br />and any other additional PEG Channels provided under this section are fully utilized, and <br />to the annual review provided herein. <br />(e) The Grantee shall provide free cable transmission facilities and free modulation <br />equipment to introduce programming onto these transmission facilities by linking the below <br />listed origination points with the headend, or through hubs to the headend, for distribution <br />to all subscribers generally and for distribution to discrete audiences via scrambled signals <br />and decoders at the origination points for such channels. <br />(f) The Grantee is responsible for all headend equipment essential to playback of <br />programming for PEG access use in a location and under reasonable rules determined by <br />Grantee. Grantee shall also be responsible for the operation and maintenance, and all <br />equipment necessary to perform those functions. Grantee shall also either provide a studio <br />and equipment acceptable to Grantor for PEG access use or pay a fee in lieu of providing <br />the same equal to up to two percent of adjusted gross revenues (gross revenues above net <br />of franchise fee) as stated in the franchise agreement to be placed by Grantor in a special <br />fund for such PEG access purposes. <br />(g) The Grantor shall be responsible for the operation of access facilities and <br />equipment. In this regard Grantor may delegate from time to time its responsibilities to <br />others who then shall assume the responsibility of Grantor in accordance with the Grantor's <br />delegation. The Grantorwill develop reasonable rules regarding use of access facilities and <br />equipment and determine the needs of the Village for public, educational and governmental <br />access services. In this regard, the Grantor shall regularly coordinate with Grantee for the <br />purpose of developing and maintaining reasonable access facilities. <br />(h) Costs of providing said facilities shall not be a credit against payment of the <br />franchise fee imposed under the franchise agreement. <br />§945.27 FRANCHISE VIOLATION. <br />(a) If the Grantor believes that the Grantee has failed to perform any obligation <br />under this chapter or the franchise agreement or has failed to perform in a timely manner, <br />the Grantor may make written demand on the Grantee that it remedy the alleged failure. <br />Grantor may order the Grantee to correct or remedy any failure or breach within the time <br />and in the manner and on the terms and conditions that the Grantor may establish. If the <br />alleged failure is denied by Grantee or not timely remedied to the satisfaction of the <br />Grantor, the Grantor may follow any procedures set forth in this chapter. <br />(b) Penalties may be assessed by Grantor for purposes including and not limited to, <br />the following: <br />