tion 621 or any other law. Notwithstanding section 
621(b)(3)(D), a franchising authority may not re-
quire a cable operator franchised under this section 
to construct a new institutional network. 
‘‘(3) ADJUSTMENT.—Every 10 years after the 
commencement of a franchise under this section for 
a franchise area, a franchising authority may require 
a cable operator authorized under such franchise to 
increase the channel capacity designated for public, 
educational, or governmental use, and the channel 
capacity designated for such use on any institutional 
networks required under paragraph (2). Such in-
crease shall not exceed the higher of— 
‘‘(A) one channel; or 
‘‘(B) 10 percent of the public, educational, 
or governmental channel capacity required of 
that operator prior to the increase. 
‘‘(4) TRANSMISSION AND PRODUCTION OF PRO-
GRAMMING.— 
‘‘(A) A cable operator franchised under 
this section shall ensure that all subscribers re-
ceive any public, educational, or governmental 
programming carried by the cable operator 
within the subscriber’s franchise area. 
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‘‘(B) The production of any programming 
provided under this subsection shall be the re-
sponsibility of the franchising authority. 
‘‘(C) A cable operator franchised under 
this section shall be responsible for the trans-
mission from the signal origination point (or 
points) of the programming, or from the point 
of interconnection with another cable operator 
under subparagraph (D), to the cable operator’s 
subscribers, of any public, educational, or gov-
ernmental programming produced by or for the 
franchising authority and carried by the cable 
operator pursuant to this section. 
‘‘(D) Unless two cable operators otherwise 
agree to the terms for interconnection and cost 
sharing, such cable operators shall comply with 
regulations prescribed by the Commission pro-
viding for— 
‘‘(i) the interconnection between two 
cable operators in a franchise area for 
transmission of public, educational, or gov-
ernmental programming, without material 
deterioration 
in 
signal 
quality 
or 
functionality; and 
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‘‘(ii) the reasonable allocation of the 
costs of such interconnection between such 
cable operators. 
‘‘(E) A cable operator shall display the 
program information for public, educational, or 
governmental programming carried under this 
subsection in any print or electronic program 
guide in the same manner in which it displays 
program information for other video program-
ming in the franchise area. The cable operator 
shall not omit such public, educational, or gov-
ernmental programming from any navigational 
device, guide, or menu containing other video 
programming that is available to subscribers in 
the franchise area. 
‘‘(f) RIGHTS-OF-WAY.— 
‘‘(1) AUTHORITY TO USE.—Any franchise under 
this section for a franchise area shall be construed 
to authorize the construction of a cable system over 
public rights-of-way, and through easements, which 
is within the area to be served by the cable system 
and which have been dedicated for compatible uses, 
except that in using such easements the cable oper-
ator shall ensure that— 
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‘‘(A) the safety, functioning, and appear-
ance of the property and the convenience and 
the safety of other persons not be adversely af-
fected by the installation or construction of fa-
cilities necessary for a cable system; 
‘‘(B) the cost of the installation, construc-
tion, operation, or removal of such facilities be 
borne by the cable operator or subscriber, or a 
combination of both; and 
‘‘(C) the owner of the property be justly 
compensated by the cable operator for any dam-
ages caused by the installation, construction, 
operation, or removal of such facilities by the 
cable operator. 
‘‘(2) MANAGEMENT
OF
PUBLIC
RIGHTS-OF- 
WAY.—Nothing in this Act affects the authority of 
a State or local government (including a franchising 
authority) over a person or group in their capacity 
as a cable operator with a franchise under this sec-
tion to manage, on a reasonable, competitively neu-
tral, and non-discriminatory basis, the public rights- 
of-way, and easements that have been dedicated for 
compatible uses. A State or local government (in-
cluding a franchising authority) may, on a reason-
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