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6.06 Access Equipment and Facilities. A. Any and all payments, costs and expenses made by Grantee • pursuant to this Section 6.06 shall not be deemed to be "Franchise Fees" . within the meaning of Section 622 of the Cable Act (47 U.S.C. § 542) and such payments shall not be deemed to be: (i) "payments -in-kind" or involuntary payments chargeable against the compensation to be paid to the City by Grantee pursuant to Section 10.01 hereof, or (ii) part of the compensation to be paid to the City by Grantee pursuant to Section 10.01 hereof. B. The City shall also have the unilateral right to create, support, assist, or otherwise help to establish a non-profit separate access organization to provide non-commercial access programming. Nothing in this Section 6.06 shall prohibit a private Person or entity from creating an independent non-profit access organization nor prohibit the City from providing funding in support of such access organization. C. Nothing in this Section 6.06 shall prohibit Grantee from investigating the possibility of contracting with a nonprofit entity to provide the access Services, equipment, and facilities outlined in this Franchise. D. All existing public access equipment, including but not limited to all equipment located at the public access center located on 1000 Rio Road, • is hereby deemed the property of the City of Charlottesville, notwithstanding any other documentation or agreement to the contrary. 6.07 PEG Access Support Fee. A. Grantee shall provide to City a "PEG Access Support Fee" of Thirty -Five Cents ($.35) per subscriber per month from January 1, 2004 through December 31, 2013. Grantee shall increase the amount to Forty Cents ($.40) per subscriber per month from January 1, 2009 through December 31, 2013 unless, prior to January 1, 2009, Grantee performs a needs assessment survey that demonstrates, as determined by the City Council, that subscribers are not willing to pay for increased PEG Access Support. Adelphia shall have the right to appear before City Council to present any information Adelphia deems relevant to the City's consideration of the provisions in question. When considering such issues the City Council shall weigh the community's future PEG access needs and interests, taking into account the cost of meeting such needs and interests. If Adelphia disagrees with the determination of the City Council, Adelphia shall have the right to appeal to a court having competent jurisdiction in the City of Charlottesville. City and Grantee acknowledge and agree that the PEG Access Support Fee may be used by City solely to fund public, educational and governmental access related capital expenditures. Any and all payments by Grantee to City in support of PEG • it