Section 815-RICR-10-05-1.17 - Peg Studio and Interconnect1.17.1 Transfer of Existing PEG and Interconnect Facilities to RIPTAA. On or after January 1, 2007, any existing CATV Operator may transfer to RIPTA the ownership of its PEG access studios (or where applicable the operation of its PEG access facilities), and the ownership of playback equipment and existing Interconnect playback equipment.B. No later than thirty (30) days prior to the effective date of any such transfer, the contracting parties shall provide the Division the following documentation:1. a copy of the agreement effecting the transfer;2. a notice designating the effective date of the transfer; and3. a notarized affidavit that each lease entered into between the parties or assumed by RIPTA is at fair market value, and that the transferor's employees working in public access facilities shall become employees of RIPTA on the effective date of the transfer unless otherwise negotiated to the satisfaction of the Division.C. On or before March 31, 2007, any existing CATV Operator electing to continue to operate and manage its PEG access studio(s) within its Service Area shall provide written notice to the Division of its election to do so, without prejudice to deciding at a subsequent time to transfer its PEG access studios (or where applicable the operation of its PEG access facilities), and the ownership of playback equipment and existing Interconnect playback equipment.1.17.2PEG Studio and Interconnect Quarterly Expense Statement, Fee and Pass-ThroughA. On or before June 30, 2007, and by the last day of the second month of each calendar year quarter thereafter, RIPTA shall forward an itemized statement to each CATV Operator that reflects RIPTA's operating and maintenance expenses for PEG access facilities, playback equipment and Interconnect equipment and other PEG and Interconnect related expenses for the preceding calendar year quarter.B. Each CATV Operator that receives quarterly statements from RIPTA shall, by the last day of each calendar year quarter, provide to RIPTA a PEG access and Interconnect fee in an amount equal to $.50 per month (or such other amount set by the Division) for each Subscriber of the CATV Operator in the preceding quarter, and may pass through such expenses to its Subscribers as provided by federal law.C. The Division may adjust the amount of the PEG access and Interconnect fee provided for in §1.17.2(B) of this Part, no more than once annually, following public hearing and notice to RIPTA, all CATV Operators and others provided in § 00-00-1.12 of this Title, and upon a finding that an adjustment is appropriate in light of the prudent and reasonable expenses incurred, or projected to be incurred, by RIPTA in operating and maintaining PEG access facilities, playback equipment, and Interconnect equipment as required and allowed by this Part.1.17.3Yearly PEG Studio and Interconnect Expense StatementA. On or before March 31, 2008, and by March 31st of each calendar year thereafter, RIPTA shall forward to the Division an itemized statement that reflects RIPTA's operating and maintenance expenses for PEG access facilities, playback equipment and Interconnect equipment for the preceding calendar year. RIPTA may include the yearly statement in the report that it files with the Division pursuant to § 1.16.6 of this Part.B. The total annual amount of itemized operating and maintenance expenses reflected in RIPTA's statement for calendar years 2007 and 2008 shall not exceed the sum which is currently generated by the fifty (50) cents per Subscriber per month PEG access and regulatory fee and any additional revenue the Division receives pursuant to the settlement agreement dated October 4, 2006 in Docket No. D-2006-C-4. On or after January 1, 2009, RIPTA may modify this amount, not more than once annually, with the consent of the Division.815 R.I. Code R. 815-RICR-10-05-1.17