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Session Laws, 1972
Volume 708, Page 2670   View pdf image
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2670                                County Local Laws

tive either as part of the Basic Service or for such other purpose, and to
such locations as he designates, (e) For the presentation of program-
ming on leased Channels, the Grantee shall lease time and, if necessary,
adequate studio facilities and equipment to members of the public at rates
filed pursuant to Section 14.711 of this Act, and pursuant to rules and
regulations promulgated by the Council of the F.C.C. Appropriate tech-
nical assistance shall also be furnished by the Grantee. Time shall be
leased on a first-come, first-served basis, provided, however, that the
Grantee shall lease such channel time to as many different persons as is
practical, (f) It is the policy of the County that such Public Channels
serve as a significant source of diversified expression. In order that there
be a maximum opportunity for freedom of expression by members of the
public, such programming shall be free from any control by the Grantee
as to program content, except as is required by law to protect the Grantee
from liability under applicable law and except as required by Federal Com-
munications Commission regulation. The Executive may direct that the
Grantee discontinue, or not deliver, a program on the Public Channels
which it finds to be essentially promotional or otherwise related primarily
to the conduct of a business, trade or profession. Such a direction shall not
prejudice any person's right to utilize any other transmission service
offered by the Grantee, (g) There shall be open, non-discriminatory access
to all Public Channels within the limits of available capacity. However,
to the extent such Public Channels, Howard County Channels and Edu-
cational Channels are not so used, they may be used in the preceding
sequence for audio-video programming by others who lease time segments
thereon or for additional services rendered by the Grantee, its subsidi-
aries or affiliates provided, however, such use shall be consistent with the
provisions of this Act and FCC regulations. When any of such channels
are used for audio-video programming, the Grantee may determine the
reasonable limitations on the general type of programs for which such
segments are made available, and itself use segments which it is unable
to lease to other persons. If at any time after two years from the effective
date of a franchise issued pursuant to this Act the Council determines,
following a public hearing on notice, that the addition of any additional
service by the Grantee or a subsidiary or affiliate has tended to create a
monopoly or to restrain trade, the Council may issue such direction relating
thereto as it deems appropriate to protect the public interest, including
an order to discontinue one or more particular services or to divest any
financial interest in the entity operating such service or services within a
reasonable time, (h) The Grantee shall provide Basic Service to one outlet
to each of the following institutions: prisons, reformatories, detention
centers, hospitals, police and fire stations, day care centers, public agen-
cies, private and public schools located in the District, without any charge
therefor (irrespective of any existing agreement between the Grantee
and such institution). The Grantee shall further provide Basic Service to
one outlet of all prisons, reformatories, detention centers, publicly owned
hospitals, police and fire stations, public agencies and public schools lo-
cated in Howard County, as designated by the Executive. The costs inci-
dent to installation of such service outside of the District shall be paid
equally by Howard County and the Grantee. However, no continuing
charge shall be made for service furnished to any institution in accord-
ance with this subsection, (i) At those daily time segments during which
no signals are transmitted over Public Channels or Howard County Chan-
nels, the Grantee may utilize such channels for any purpose consistent
with the provisions of this Act, and FCC regulations. Upon written re-
quest of the Grantee, the Executive, or his authorized representative, shall
notify the Grantee as far in advance as is practical of any contemplated

 

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Session Laws, 1972
Volume 708, Page 2670   View pdf image
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