§ XI. EDUCATIONAL AND GOVERNMENTAL ("EG") ACCESS CHANNELS.

A.

Upon request of the City supported by reasonable community-based needs and interests, Company shall provide one (1) channel for non-commercial educational and/or governmental programming in accordance with applicable law. Any EG channel shall be on the Company's basic service tier or on such tier as the Company shall determine in its discretion so long as the tier of service selected by the Company is available to those subscribers that desire to view the EG channel. Company will cooperate with City in determining capital and operational costs of such EG channel. After determination of costs and usage of EG channel, City shall promulgate rules and procedures for Company's use of such channel capacity when it is not being used for the purpose designated.

B.

Company shall incur capital costs up to $8,000 for the initial EG access channel requested in writing by City in accordance with applicable law. Capital costs are those costs of activating an EG access channel, including purchasing cameras, decks, lighting, editing equipment and related infrastructure. Upon the written request from City, Company shall provide a second EG channel to the City and shall incur capital costs up to $8,000 for the second EG-access channel, provided, however, such additional EG channel and the payment of any additional capital costs by Company shall occur only when the initial EG access channel shall be fully utilized for non-commercial, non-duplicating educational and/or governmental programming.