§ 105-164.44J. Supplemental PEG channel support. - North Carolina Statutes

§ 105‑164.44J. Supplemental PEG channel support.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Existing agreement.– Defined in G.S. 66‑350.

(2)        PEG channel. – Definedin G.S. 66‑350.

(3)        PEG channeloperator. – An entity that does one or more of the following:

a.         Produces programmingfor delivery on a PEG channel.

b.         Provides facilitiesfor the production of programming or playback of programming for delivery on aPEG channel.

(4)        Qualifying PEGchannel. – A PEG channel that operates for at least 90 days during a fiscalyear and that meets all of the following programming requirements:

a.         It delivers at leasteight hours of scheduled programming a day.

b.         It delivers at leastsix hours and 45 minutes of scheduled, non‑character‑generatedprogramming a day.

c.         Its programmingcontent does not repeat more than fifteen percent (15%) of the programmingcontent on any other PEG channel provided to the same county or city.

(5)        Supplemental PEGchannel support funds. – The amount distributed to a county or city under G.S.105‑164.44I(b).

(b)        Certification. – Acounty or city must certify to the Secretary by July 15 of each year all of thequalifying PEG channels provided for its use during the preceding fiscal yearby a cable service provider under either G.S. 66‑357 or an existingagreement. The certification must include all of the following:

(1)        An identification ofeach channel as a public, an education, or a government channel.

(2)        The name andsignature of the PEG channel operator for each channel. If a qualifying PEGchannel has more than one PEG channel operator, the county or city must includethe name of each operator of the PEG channel. A PEG channel operator may beincluded on the certification of only one county or city for each type of PEGchannel that it operates.

(3)        Any otherinformation required by the Secretary.

(c)        Use of Funds. – Acounty or city must use the supplemental PEG channel support funds distributedto it for the operation and support of each of the qualifying PEG channels itcertifies by allocating the amount it receives equally among each of thequalifying PEG channels. A county or city must distribute the supplemental PEGchannel support funds to the PEG channel operator of the qualifying PEG channelwithin 30 days of its receipt of the supplemental PEG channel support fundsfrom the Department, or as specified in an interlocal agreement. If aqualifying PEG channel has more than one PEG channel operator, the county orcity must distribute the amount allocated for that PEG channel equally to eachPEG channel operator, or as specified in an interlocal agreement.

(d)        Errors inCertification. – If a county or city determines that it certified a PEG channelin error, the county or city must submit a revised certification to theSecretary, and the county or city must return all supplemental PEG channelsupport funds distributed to it as a result of the error. The Secretary mustadd the funds returned to the total amount of supplemental PEG channel supportfunds to be allocated in the following fiscal year.  (2008‑148, s. 3.)