§ A441-15. Educational and governmental access.

A. 

The company will continue to provide one shared channel for educational and governmental (EG) access for shared use by the residents of North Wildwood, Wildwood, Middle Township, West Wildwood, Wildwood Crest, West Cape May, Cape May, Cape May Point, and Lower Township. (collectively, "municipalities") on the most basic tier of service offered by the company in accordance with the Cable Act, Section 623, and as further set forth below. Educational access video programming shall be provided by the governing bodies of North Wildwood, Wildwood, Middle Township, West Wildwood, Wildwood Crest, West Cape May, Cape May, Cape May Point, and Lower Township or a designated educational institution. Currently, this designee is the Richard M. Teitleman School and the Cape May County Technical High School. Government video programming shall be provided by the governing bodies of North Wildwood, Wildwood, Middle Township, West Wildwood, Wildwood Crest, West Cape May, Cape May, Cape May Point, and Lower Township. Unused capacity may be utilized by the company subject to the provisions for "fallow time" below.

B. 

The company does not relinquish its ownership of or ultimate right of control over a channel by designating it for EG use. An EG access user, whether an educational or government user, acquires no property or other interest by virtue of the use of a channel so designated and may not rely on the continued use of a particular channel number, no matter how long the same channel may have been designated for such use.

C. 

The company shall not exercise editorial control over any educational or governmental use of channel capacity, except the company may refuse to transmit any educational or governmental access program or portion of an educational or governmental access program that contains obscenity, indecency, or nudity.

D. 

The governing bodies of North Wildwood, Wildwood, Middle Township, West Wildwood, Wildwood Crest, West Cape May, Cape May, Cape May Point, and Lower Township shall be responsible for developing, implementing, and enforcing rules for EG access channel use which shall insure that the EG access channel and the EG access equipment, which shall be provided by the municipalities, will be available on a first-come, first served, nondiscriminatory basis.

E. 

Educational access. "Educational access" shall mean noncommercial use by educational institutions such as public or private schools, but not home schools, community colleges, and universities.

F. 

Government access. "Government access" shall mean noncommercial use by the governing bodies of North Wildwood, Wildwood, Middle Township, West Wildwood, Wildwood Crest, West Cape May, Cape May, Cape May Point, and Lower Township for the purpose of showing the public local government at work.

G. 

Company use of fallow time. Because blank or under-utilized EG channels are not in the public interest, in the event the municipalities or other EG access users elect not to fully program their EG access channel, the company may program unused time on those channels subject to reclamation by the municipality upon no less than 60 days' written notice.

H. 

Indemnification. The municipalities shall indemnify the company for any liability, loss, or damage it may suffer due to violation of the intellectual property rights of third parties on the EG channel and from claims arising out of the municipalities' rules for or administration of access.