provide any institutional network that it was re-
quired to provide on the day before its national fran-
chise became effective in such franchise area under 
section 621 or any other law. Notwithstanding sec-
tion 621(b)(3)(D), a franchising authority may not 
require a cable operator franchised under this sec-
tion 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 any public, edu-
cational, or governmental programming carried
by the cable operator under this section within 
a franchise area is available to all of its sub-
scribers in such franchise area. 
‘‘(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, if at least 
one of the operators is providing cable service 
in the franchise area pursuant to a franchise 
under this section, comply with regulations pre-
scribed by the Commission providing 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 
‘‘(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