A franchisee under the initial CATV franchise who has included within its application
for the franchise a proposal for community use programming under the above sections
shall comply during the entire term of the franchise with all such commitments contained
in its application and the resolution offering the franchise, including, but not limited
to, provision of the specified number of hours of community use programming pursuant
to the terms and conditions stated, allocation and use of channels pursuant to the
terms and conditions stated, and provision of all studio facilities, production equipment,
personnel resources and other resources identified for the uses specified pursuant
to the terms and conditions stated. During such term, the franchisee shall keep and
maintain all such facilities, equipment and resources in good condition and repair,
and replace any and all such facilities, equipment and resources as necessary to fulfill
the obligation that the foregoing be provided and maintained during the entire term
of the franchise. The failure to comply with the commitments and obligations identified
by this paragraph shall be deemed to constitute a material violation and breach of
the franchise documents.
If a franchisee has included within its application a proposal under both alternative
no. 1 as described by section 90-197, above, and alternative no. 2 as described by section 90-198, above, community use programming cablecast on the access channel(s) provided under
alternative no. 1, as described by section 90-197, above, shall not count for the purposes of fulfilling the broadcast commitments
assumed under alternative no. 2, as described pursuant to subparagraph "a" of section 90-198, above.
