(1) If the council determines there is an identified need for designation of channel capacity for public, educational, and/or governmental use, the council may require the franchisee to designate such channel capacity and to provide such facilities, equipment, and services as are reasonably sufficient to meet community needs.

(2) The council specifically reserves authority to re-open contract negotiations for the purpose of negotiating the number of channels and the scope of facilities, equipment, and services to be provided by the franchisee for public, educational and government use.

(3) If, after negotiations between the franchisee and the county, the parties are unable to agree on the need for any particular form of access channels, the number and/or designation of access channels, and/or the amount of facilities or equipment and services to be provided by the franchise, the county and franchisee shall agree to submit these issued to binding arbitration. The county shall pick one arbitrator, the franchisee shall choose a second arbitrator, and these two arbitrators will choose a third arbitrator, to compose a three person arbitration panel. The cost of arbitration shall be paid by the franchisee.

(4) After hearing evidence and reviewing documents submitted by both the franchisee and the county, the vote of the majority of the panel will be binding on both parties.

(5) Any designation of channel capacity for public, educational, or governmental use shall be in accordance with applicable local, state, and federal laws, including applicable sections of the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunication Act of 1996, and any future amendments. (Added by Ord. 85-051 § 3, July 3, 1985; Amended by Ord. 96-028 § 57, June 12, 1996, Eff date June 29, 1996).