reglab/housing_qa huggingface dataset:
DC Code § 34-1254.07 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part D - Franchising and Re-Franchising Process|§ 34-1254.07. Franchise renewal; commencement under federal cable act

(a) The Office may commence a franchise renewal proceeding under section 626(a) of the federal cable act (47 U.S.C. § 546(a)). (b)(1) Upon commencement of a franchise renewal proceeding under this section, the Office shall commence the following: (A) A formal assessment of community cable-related needs, both current and future; (B) A formal assessment of the cable operator’s compliance with this chapter, the franchise, and the franchise agreement over the course of the franchise; and (C) A formal assessment of the technical aspects of the cable system. (2) The Office shall complete the assessments under this section prior to taking action under subsection (e) of this section. (c) If the Office commences a proceeding under section 626(a) of the federal cable act (47 U.S.C. § 546(a)), the cable operator shall submit a proposal for renewal of the franchise within such time, and with such information, as the Office shall establish by regulation. (d) The Office shall provide public notice of the proposal through publication of a Notice of Cable Franchise Renewal Proposal in the District of Columbia Register. (e) After the submission of a completed renewal proposal the Office shall: (1) Within 90 days, provide to the Council a written recommendation that the franchise should be renewed, along with a proposed franchise agreement which shall meet the standards of § 34-1254.05; or (2) Within 120 days, issue a preliminary assessment that the franchise should not be renewed and commence an administrative proceeding consistent with section 626(c) of the federal cable act (47 U.S.C. § 546(c)). After the completion of the administrative proceeding, the Office shall transmit to the Council a written proposed decision granting or denying the proposal for renewal based upon the record of the proceeding and stating the reasons for the proposed decision. If the proposed decision is to deny the renewal, the Office shall provide a detailed explanation of the proposed denial’s [sic] consistent with federal law.  (Aug. 21, 1982, D.C. Law 4-142, § 407; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)  Section References This section is referenced in § 34-1254.08. Editor's Notes  For 2018 approval of Starpower franchise, see D.C. Law 22-231.   For 2018 approval of Comcast franchise, see D.C. Law 22-230.
DC Code § 34-1255.02 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part E - Transfer or Revocation of Franchise|§ 34-1255.02. Procedure for transfer of franchise to a person other than the District

(a) At least 180 days before the proposed consummation of a transfer, a petition for franchise transfer shall be filed with the Office. The petition shall include: (1) A completed FCC Form 394, or any successor thereto; (2) All information required to be filed with the FCC and the District pursuant to FCC regulations; (3) Complete information on the proposed transfer, including details on the legal, financial, and technical qualifications of the transferee; and (4) Any other information required by the Office or the franchise agreement. (b) Within 30 days after receiving a petition under this section, the Office shall certify the petition as complete or shall transmit to the applicant a description of necessary information and the time by which the necessary information shall be provided. (c) Within 75 days after certifying a petition as complete, the Office shall transmit to the Council a written recommendation to approve, approve with conditions, or deny the petition. (d) The Office may charge a fee for reviewing and processing a transfer petition. The fee may include charges for the procurement of technical and legal consultants to advise the District regarding the transfer. The amount of the fee may be set forth in the applicable franchise agreement. (e) The Council may approve a transfer upon such terms and conditions as it deems necessary or proper. (f) Notwithstanding the approval of a transfer under this section, the parties to the transfer shall comply with any provisions regarding a transfer set forth in the franchise agreement or established by the Office. (g) The approval of a transfer by the Council in one instance shall not render as unnecessary the approval of a subsequent transfer, and shall not constitute a waiver or release of the rights of the District under this chapter or under the franchise agreement, whether arising before or after the transfer.  (Aug. 21, 1982, D.C. Law 4-142, § 502; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
DC Code § 34-1255.03 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part E - Transfer or Revocation of Franchise|§ 34-1255.03. Mandatory transfer of franchise to the District; general requirement

(a) Upon payment of the purchase price by the District, the cable operator shall immediately transfer to the District possession and title to all facilities and property, real and personal, related to its cable system, free from any and all liens and encumbrances that the District has not agreed to assume in lieu of some portion of the purchase price. (b) The District may assign its right and power under subsection (a) of this section to a person who shall assume the rights and obligations of the franchise and franchise agreement.  (Aug. 21, 1982, D.C. Law 4-142, § 503; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)  Emergency Legislation For temporary (90 day) addition, see § 2 of Washington Nationals on T.V. Emergency Amendment Act of 2006 (D.C. Act 16-388, May 23, 2006, 53 DCR 4426). Temporary Legislation Section 2 of D.C. Law 16-158 provided as follows: “Sec. 503a. Baseball programming. “(a) The Council finds that it is in the public interest that all of the baseball games of Baseball Expos, LP, trading as the Washington Nationals, be broadcast. “(b) The Council directs that each cable operator broadcast all of the baseball games of Baseball Expos, LP, trading as the Washington Nationals, or any assignee or successor (‘Washington Nationals’). “(c) If a cable operator is not broadcasting all of the baseball games of the Washington Nationals as of the effective date of this section, the cable operator shall enter into good faith negotiations with the District within 5 days to modify its franchise agreement to comply with subsection (b) of this section.” Section 4(b) of D.C. Law 16-158 provided that the act shall expire after 225 days of its having taken effect.
DC Code § 34-1255.04 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part E - Transfer or Revocation of Franchise|§ 34-1255.04. Revocation of franchise; mandatory transfer to the District

(a) The Council shall have the right to revoke a franchise, or accelerate the term of a franchise, for cause. The procedures for revocation or acceleration may be set forth in the franchise agreement. (b) If at any time during the term of the franchise, the Council determines that the cable operator has materially breached the terms and conditions imposed by this chapter, the franchise, or the franchise agreement, and the cable operator has failed to cure the breach after due notice and opportunity to cure the breach, the Council may accelerate the term of the franchise or the franchise agreement, revoke the franchise, terminate the franchise agreement, authorize the District to purchase the assets of the cable system at a price not to exceed an equitable price, or select another person to purchase the assets of the cable system at a price not to exceed an equitable price. The franchise agreement may set forth the procedures by which the District may take action in the event of a material breach of this chapter, the franchise, or the franchise agreement and may define specific circumstances which constitute a material breach. Nothing in this subsection shall be construed to abridge the Council’s authority to exercise its emergency legislative powers under appropriate circumstances. (c) If the Council authorizes the District to exercise its option to purchase the assets of the franchise’s cable system at a price not to exceed equitable price, it shall give the cable operator written notice of its intent to do so. The cable operator shall, within 7 days of receipt of the notice, enter into negotiations with the District for the purpose of consummating the transaction at the earliest possible date. The District shall have the right and power to assign its purchase rights to another person selected by the Council following the procedures and standards in this chapter used to approve an initial franchise application. (d) Any sale or transfer of a cable system shall comply with section 627 of the federal cable act [47 U.S.C. § 547].  (Aug. 21, 1982, D.C. Law 4-142, § 504; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)  Section References This section is referenced in § 34-1255.07. References in Text Section 627 of the federal cable act is classified to 47 U.S.C. § 547.
DC Code § 34-1255.05 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part E - Transfer or Revocation of Franchise|§ 34-1255.05. Transfer or purchase of franchise after denial of renewal

Except if there is a pending appeal, or the decision is stayed by a judicial or administrative review, upon a decision by the Council to deny a renewal, the Council may, on the expiration date of the franchise, either authorize the District to purchase the assets of the cable operator’s cable system at a price not to exceed fair market value with no value allocated to the franchise itself, or the Council may select another person, after a public hearing, and cause that person to purchase the assets at a price not to exceed fair market value.  (Aug. 21, 1982, D.C. Law 4-142, § 505; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)  Section References This section is referenced in § 34-1255.07.
DC Code § 34-1255.06 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part E - Transfer or Revocation of Franchise|§ 34-1255.06. Cable operator as trustee

After termination or revocation of a franchise, and until such time as the cable operator transfers its cable system to the District or to another person pursuant to this chapter or until such other time as established by the Council, the cable operator shall be a trustee in interest for the District or its successor, and shall continue to operate the cable system under the terms and conditions of this chapter, the franchise, and the franchise agreement. During the trustee period, the cable operator shall not sell any of the cable system assets nor shall the cable operator make any physical, material, administrative, or operational change that would tend to degrade the quality of service to subscribers, decrease income, or materially increase expenses, without the express written permission of the District. The District may seek legal and equitable relief to enforce the provisions of this subsection.  (Aug. 21, 1982, D.C. Law 4-142, § 506; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
DC Code § 34-1255.07 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part E - Transfer or Revocation of Franchise|§ 34-1255.07. Arbitration

(a) If the Council authorizes the District to purchase a cable system at a fair market value under § 34-1255.05 or purchase the cable system at an equitable price under § 34-1255.04(b), and the District and the cable operator cannot agree upon a price, the final price shall be determined by an arbitration panel. (b) The arbitration panel shall consist of 3 members, selected as follows: (1) One member shall be selected by the Council; (2) One member shall be selected by the cable operator; and (3) One member shall be selected by the Council and the cable operator acting jointly; provided, that if the Council and the cable operator fail to agree on a member, the Council or cable operator may apply to the American Arbitration Association and the American Arbitration Association shall select the member. (c) The member selected under subsection (b)(3) of this section shall be the presiding officer of the arbitration panel, absent majority agreement to the contrary. (d) The determination of the majority of the 3-member arbitration panel shall be binding on the parties. (e) The cable operator shall bear all expenses regarding the arbitration.  (Aug. 21, 1982, D.C. Law 4-142, § 507; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
DC Code § 34-1256.01 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part F - Required Payments; Insurance and Indemnification|§ 34-1256.01. Franchise fee

(a) A cable operator shall pay to the District a franchise fee of at least 5% of its annual gross revenues. The amount of the franchise fee shall be set forth in the franchise agreement. (b) The franchise fee shall be paid quarterly. (c) A cable operator shall file with the Office within 30 days after the end of each of the cable operator’s fiscal quarter, a financial statement clearly showing the gross revenues received by the cable operator during the preceding quarter. Payment of the quarterly portion of the franchise agreement fee shall be payable by certified check made to the D.C. Treasurer at the time the statement is filed. A cable operator shall also file, within 120 days after the end of the cable operator’s fiscal year, an annual report, prepared by a certified public accountant, showing the yearly total gross revenues. (d) The District may audit and recalculate any amounts determined to be payable under this chapter or the franchise agreement. Any additional amount due the District based on the audit shall be paid within 30 days after the Office sends to the cable operator a written notice setting forth the amount due. The notice shall include a copy of the audit report. The cost of the audit shall be borne by the cable operator if it is determined that the cable operator’s payment to the District for the preceding year is increased by more than 4%. (e) If the cable operator does not pay the recomputed amount within the 30-day period established by subsection (c) of this section, the cable operator shall be charged from the due date at the prevailing prime rate of interest. (f) The franchise fee shall not be deemed a tax or payment in lieu of taxes or fees of general applicability imposed by the District. No cable operator may designate the franchise fee as a tax in any communication to a subscriber or any third party. (g) If a franchise is terminated or revoked prior to its expiration date and the District invokes its right to purchase the cable operator’s cable system, the cable operator shall file with the Office, within not less than 30 days following the date that ownership and control pass to the District or its assignee, a financial statement clearly showing the gross revenues received by the cable operator since the end of the previous fiscal quarter. The cable operator shall pay the franchise fee due at the time the statement is filed.  (Aug. 21, 1982, D.C. Law 4-142, § 601; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)  Section References This section is referenced in § 34-1251.04.
DC Code § 34-1256.02 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part F - Required Payments; Insurance and Indemnification|§ 34-1256.02. Security fund

(a) Within 30 days after the approval of a franchise, a cable operator shall deposit with a bank located in the District, in an interest bearing escrow account established in the name of the District, a sum to be determined by the Office or set forth in a franchise agreement, as a security fund for the cable operator’s faithful performance of all the provisions of the franchise agreement; its compliance with all orders, permits, and directions of any District agency having jurisdiction over the cable operator’s acts or defaults under the franchise agreement; payment of any claims and liens due to the District by reason of the construction, operation, or maintenance of the cable system. (b) Of the security fund, no less than 20% shall be in cash, with the balance in the form of an irrevocable, unconditional letter of credit or other instrument in a form acceptable to the Director of the Mayor’s Office of Legal Counsel. The letter of credit or other instrument shall in no event require the consent of the cable operator prior to the collection by the District of any amount covered by such letter of credit or other instrument. The cable operator shall be entitled to interest on the cash portion of the security fund at a rate equal to whatever rate the District is actually earning on the cash. (c) The security fund, including any interest, shall become the property of the District to the extent necessary to cure outstanding violations, including outstanding liquidated damages that may be provided for in the franchise agreement, in the event that the franchise is terminated or revoked. (d) The bond shall require 30 calendar days written notice of any cancellation to both the Office and the cable operator. (e) Any failure by a cable operator to make deposits into or maintain the security fund as provided in this section shall be a material breach of the franchise and shall be grounds for the termination or revocation of the franchise. The procedures to follow in the event of a material breach may be set forth in the franchise agreement.  (Aug. 21, 1982, D.C. Law 4-142, § 602; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334; Oct. 22, 2015, D.C. Law 21-36, § 2072(g), 62 DCR 10905.)  Effect of Amendments The 2015 amendment by D.C. Law 21-36 “Director of the Mayor's Office of Legal Counsel” for “Corporation Counsel” in (b). Emergency Legislation For temporary (90 days) amendment of this section, see § 2072(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
DC Code § 34-1256.03 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part F - Required Payments; Insurance and Indemnification|§ 34-1256.03. Indemnification of the District

(a) A cable operator shall, at its sole cost and expense, indemnify and hold harmless the District, its officers, elected officials, agents, contractors, and employees against all claims, suits, causes of action, proceedings, judgments for damage arising out of the cable system under the franchise. (b) Failure to comply with subsection (a) of this section, or with the indemnification provisions in the franchise agreement, shall constitute a material breach of the franchise. The procedures to follow in the event of a material breach may be set forth in the franchise agreement.  (Aug. 21, 1982, D.C. Law 4-142, § 603; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
DC Code § 34-1256.04 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part F - Required Payments; Insurance and Indemnification|§ 34-1256.04. Insurance

(a) At all times during the term of a franchise, including the time for removal of facilities, the cable operator shall hold a valid liability insurance policy and shall pay all premiums for the policy in a timely manner. The policy shall insure the District, its officers, boards, commissions, elected officials, agents, contractors, and employees against liabilities. The policy shall be issued by a company carrying a rating by Best of not less than “A” and the company shall be authorized by the District’s Superintendent of Insurance to do business in the District. (b) The amount of the liability insurance policy, and the terms of the policy, shall be established in the franchise agreement. (c) The form of the liability insurance policy shall be acceptable to the Director of the Mayor’s Office of Legal Counsel. (d) The policy shall require 30 calendar days written notice of any cancellation to both the Office and the cable operator. If the Office or the cable operator receives a cancellation notice, the cable operator shall obtain a new bond, meeting the requirements of this section, within 30 days after receipt of the notice by the Office or the cable operator. (e) The cable operator shall file with the Office written evidence of payment of premiums and executed duplicate copies of the liability insurance policy. (f) Failure to comply with the provisions of this section, or with the liability insurance provisions of the franchise agreement, shall constitute a material violation of a franchise.  (Aug. 21, 1982, D.C. Law 4-142, § 604; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334; Oct. 22, 2015, D.C. Law 21-36, § 2072(h), 62 DCR 10905.)  Effect of Amendments The 2015 amendment by D.C. Law 21-36 “Director of the Mayor's Office of Legal Counsel” for “Corporation Counsel” in (c). Emergency Legislation For temporary (90 days) amendment of this section, see § 2072(h) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
DC Code § 34-1256.05 (2021)
2021 District of Columbia Code|Title 34 - Public Utilities|Chapter 12 - Cable Television|Subchapter II - Office of Cable Television, Film, Music, and Entertainment Act of 2015|Part F - Required Payments; Insurance and Indemnification|§ 34-1256.05. Performance bond

(a) At all times during the term of a franchise, including the time for removal of facilities or management, the cable operator shall obtain and hold a performance bond running to the District with good and sufficient surety approved by the Office, in an amount to be determined by the Office or set forth in a franchise agreement, to ensure that the operation of the cable system continues uninterrupted in the event of a default by the cable operator. (b) The cable operator shall make all payments associated with the bond in a timely manner. (c) The cable operator shall file with the Office written evidence of payment of premiums and executed duplicate copies of the bond documents. (d) The bond shall be with a surety company authorized by the District’s Superintendent of Insurance to transact business in the District. (e) The bond shall require 60 calendar days written notice of any cancellation to both the Office and the cable operator. If the Office or the cable operator receives a cancellation notice, the cable operator shall obtain a new bond, meeting the requirements of this section, within 60 days after receipt of the notice by the Office or the cable operator. (f) Failure to comply with the provisions of this section, or with the performance bond provisions of the franchise agreement, shall constitute a material violation of a franchise.  (Aug. 21, 1982, D.C. Law 4-142, § 605; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)