reglab/statecodes huggingface dataset:
2023 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 › § 34–1254.06. Procedure for Council review and approval of initial franchise

§ 34–1254.06. Procedure for Council review and approval of initial franchise.
(a) If the Office and the applicant agree on the terms of a proposed franchise agreement under § 34-1254.05, the Office shall submit to the Mayor and the Council a Recommendation for the Approval of a Franchise Application consisting of the franchise application, the proposed franchise agreement, and a summary of factors supporting the recommendation.
(b) If at the end of the initial or extended negotiation period under § 34-1254.04, the Office and the applicant are unable to agree on the terms of a proposed franchise agreement, the Office shall submit to the Mayor and the Council a Recommendation for the Denial of a Franchise Application consisting of the franchise application and a summary of the factors supporting the recommendation. The summary shall describe specific deficiencies of the application and a general description of why the application should not be granted.
(c) The Council may, by act, grant a franchise and approve the franchise agreement, with or without conditions or modifications which may override any provisions of the proposed franchise agreement, deny a franchise or reject the proposed franchise agreement and remand the proposed franchise agreement to the Office with recommendations to renegotiate any of the provisions of the agreement and submit a revised agreement to the Council, or deny a franchise or reject the proposed franchise agreement.
(d) Each applicant to whom the District grants a franchise shall pay to the District, within 30 days after the franchise is granted, a franchise award fee to be set in the act granting the franchise. The payment shall be nonrefundable. An applicant’s failure to pay the franchise award fee within the 30-day period shall make the franchise and franchise agreement void.
(Aug. 21, 1982, D.C. Law 4-142, § 406; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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

§ 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.
2023 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

§ 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.)
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.)
2023 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

§ 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.)
2023 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

§ 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.
2023 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

§ 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).
2023 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

§ 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.)
2023 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

§ 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).
2023 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

§ 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.)
2023 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 G - Construction and Operation of the Cable System › § 34–1257.01. Jurisdictional parity

§ 34–1257.01. Jurisdictional parity.
A cable system authorized by this chapter shall have no less than the channel capacity, products, and services available from a system serving any similarly sized, or smaller, jurisdiction outside of the District, or a system owned and operated by the cable operator, its parents, affiliates, or subsidiaries outside of the District, except as otherwise set forth in a franchise agreement. In no event shall such system have a bandwidth of less than 750 MHZ. Nothing herein shall be construed to require a cable operator to employ any specific transmission technology.
(Aug. 21, 1982, D.C. Law 4-142, § 701; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 G - Construction and Operation of the Cable System › § 34–1257.02. Operation and construction of system; general requirements

§ 34–1257.02. Operation and construction of system; general requirements.
(a) A cable operator shall construct, operate, and maintain the cable system subject to the supervision and regulatory oversight of the Office and in full compliance with the laws and regulations of the District and federal government, including the Electrical Code approved pursuant to Chapter 14 of Title 6; Department of Public Works Standard Specification for Highway and Structures; National Electrical Code, and National Electrical Safety Code.
(b) A cable operator shall exercise its best efforts to design, construct, operate, and maintain the system at all times so that signals carried are delivered to subscribers without material degradation in quality.
(Aug. 21, 1982, D.C. Law 4-142, § 702; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 G - Construction and Operation of the Cable System › § 34–1257.03. Construction schedule

§ 34–1257.03. Construction schedule.
(a) Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system. The schedule of construction, upgrade, or rebuild shall ensure that no substantial differences in the time by which service shall be available in a neighborhood shall be because of the neighborhood’s relative median income, ethnicity, or racial composition.
(b) Within 90 days or at a time specified in the franchise agreement, whichever is longer, after the approval of a franchise, a cable operator shall file the documents required to obtain all necessary federal and District licenses, permits, and authorizations required for the conduct of its business, and shall submit monthly reports to the Office on its progress in this respect until all documents are obtained.
(Aug. 21, 1982, D.C. Law 4-142, § 703; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
Section References
This section is referenced in § 34-1254.05.
2023 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 G - Construction and Operation of the Cable System › § 34–1257.05. Construction notice to the public

§ 34–1257.05. Construction notice to the public.
(a) A cable operator shall notify the general public prior to commencing any proposed construction that will significantly disturb or disrupt public rights-of-way or public space, or that has the potential to present danger or affect the safety of the public generally.
(b) Except for routine maintenance or minor repair work, at least 5 days prior to commencement of work, a cable operator shall notify residents and others in the immediate vicinity of proposed construction who are most likely to be affected by the construction work either by telephone, in person, by mail, or distribution of door hangers, and shall provide written notice by first class mail to the affected Advisory Neighborhood Commission and the Advisory Neighborhood Commissioner of the affected single-member district. Publication of a notice in a local newspaper shall not be deemed adequate notice. The notice must include the name and local telephone number of the cable operator’s representative who is qualified to answer questions concerning the proposed construction.
(c) In addition to the notice requirements in subsections (a) and (b) of this section, before entering any person’s property for proposed construction work, a cable operator shall obtain the permission of the owner and shall contact the property owner, and the resident, in the case of a leased property, at least 2 days before entering the person’s property.
(Aug. 21, 1982, D.C. Law 4-142, § 705; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 G - Construction and Operation of the Cable System › § 34–1257.06. Use of cable system by the District during emergencies and disasters

§ 34–1257.06. Use of cable system by the District during emergencies and disasters.
In the case of an emergency or disaster, the cable operator shall, upon request of the Mayor, the Chairman of the Council, or the Director, make available its facilities to the District for emergency use during the emergency or disaster.
(Aug. 21, 1982, D.C. Law 4-142, § 706; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 H - Public, Educational, and Government Channels › § 34–1258.01. PEG channels; carriage requirements

§ 34–1258.01. PEG channels; carriage requirements.
(a) A cable operator shall provide at least 8 PEG channels on the analog portion of the cable system and at least 10 PEG channels on the digital portion of the cable system. The total capacity to be set aside for PEG channels shall be set forth in the franchise agreement.
(b) A cable operator shall carry analog PEG channels on its basic service tier, except as may be otherwise provided in the franchise agreement.
(Aug. 21, 1982, D.C. Law 4-142, § 801; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 H - Public, Educational, and Government Channels › § 34–1258.02. Funding for PEG channels

§ 34–1258.02. Funding for PEG channels.
(a) A cable operator shall contribute at least 1% of its gross revenues to the operations of the Public Access Corporation.
(b) A cable operator shall provide at least 1% of its gross revenues as continuing capital support for the public, educational, and government access channels. The Public Access Corporation shall receive at least 25% of the capital support payments provided pursuant to this subsection.
(c) A cable operator may be required to provide equipment and facilities in support of PEG channels. The requirements for equipment and facilities in support of PEG channels shall be specified in a franchise agreement.
(d) A cable operator shall make equipment and production assistance available that will permit PEG channel users and the cable operator to produce programming at locations other than the studio, and the requirements for such availability and use shall be set forth in the franchise agreement. A cable operator may be required to make equipment and production assistance available to PEG channel users at its studio; provided, that the requirement for such availability and use shall be set forth in the franchise agreement. The cable operator shall provide use of the equipment, production facilities, and production assistance for PEG channel users at an amount set forth or provided for in the franchise agreement.
(Aug. 21, 1982, D.C. Law 4-142, § 802; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.01. Right to inspection

§ 34–1259.01. Right to inspection.
The cable system and all parts of the system, during both operation and construction, shall be subject to the right of inspection by the Office or its designee.
(Aug. 21, 1982, D.C. Law 4-142, § 901; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.02. Test and performance monitoring

§ 34–1259.02. Test and performance monitoring.
(a) Not later than 90 days after a new or substantial rebuild of a cable system, or a portion of the cable system, is completed and available for service to subscribers, or at such later time as may be set forth in a franchise agreement, a technical performance test shall be conducted by the cable operator to demonstrate full compliance with the technical standards of the FCC. The test shall be performed by, or under the supervision of, a qualified registered professional engineer or an engineer with proper training and experience. A report shall be submitted to the Office, describing test results, instrumentation, calibration, test procedures, and the qualifications of the engineer responsible for the test.
(b) System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near the trunk extremities, and at not fewer than 8 other widely scattered locations.
(c) The franchise agreement may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal.
(d) The Office may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal; provided, that a request for an additional test by the Office shall be on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and the test shall be limited to the particular matter in controversy. The Office shall endeavor to arrange a request for a test under this subsection so as to minimize hardship or inconvenience to the cable operator or subscribers.
(e) All tests performed under this section shall be conducted in conformity with Federal Communications Commission regulations and any regulations promulgated under this chapter.
(f) A copy of the annual performance test required by the Federal Communications Commission shall be simultaneously submitted to Office.
(g) The Office may employ qualified consultants to assist in the administration of this or any other section of this chapter.
(Aug. 21, 1982, D.C. Law 4-142, § 902; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.03. Periodic evaluations; performance hearings

§ 34–1259.03. Periodic evaluations; performance hearings.
(a) At least once every 3 years following the grant of a franchise, the Office shall conduct a performance evaluation of the cable operator and the cable system. The evaluation shall include a public hearing to allow public comment on the cable operator’s performance.
(b) During the evaluation process, a cable operator shall fully cooperate with the Office, and shall provide all information and documents the Office needs to reasonably perform its review, including information and documents that may be considered proprietary or confidential.
(c) If any books, records, maps, plans, or other requested documents are voluminous, or for security reasons cannot be copied and moved, then the cable operator may request that the inspection take place at another location; provided, that the cable operator shall make necessary arrangements for copying documents selected by the Office after review, and the cable operator shall pay all travel and additional copying expenses incurred by the Office in inspecting those documents or having those documents inspected by its designee.
(d) The Office may hold a hearing on the performance of a cable operator, or a specific aspect of the performance of a cable operator, at any time.
(Aug. 21, 1982, D.C. Law 4-142, § 903; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.04. Provision of information; retention of records

§ 34–1259.04. Provision of information; retention of records.
(a) A cable operator shall take all steps necessary to ensure that it is able to provide the District all information that must be provided or may be requested under this chapter or the franchise agreement, including providing appropriate subscriber privacy notices. A cable operator shall be responsible for redacting any data that federal law prevents it from providing to the District. The District retains the right to question any such redaction and to challenge it in any forum having jurisdiction over such a challenge.
(b) A cable operator shall maintain all records required by this chapter of a franchise agreement, and all records which may be reasonably requested under this chapter or the franchise agreement, for at least 3 years.
(Aug. 21, 1982, D.C. Law 4-142, § 904; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.05. Inspection of records

§ 34–1259.05. Inspection of records.
(a) The District shall have the right to inspect the records of a cable operator and to require a cable operator to provide copies of records that the District deems appropriate in order to monitor compliance with this chapter, the franchise agreement, or any other applicable law or regulation. Records available under this section shall include all books, receipts, maps, plans, contracts, service complaint logs, performance test results, records of requests for service, computer records, disks, or other storage material, in the possession of the cable operator or held by an affiliate, contractor, or subcontractor, or any other person holding any form of management contract for the cable system. A cable operator shall be responsible for collecting the information required and producing it at the office of the Office or at a location designated by the Office.
(b) The District shall provide a cable operator with at least 24-hours written notice, which shall include at least one business day, prior to an inspection of records under this section. The notice, which shall state the intended purpose of the inspection and intended scope of documents to be inspected, shall serve as the notice that all the above materials may be inspected. The cable operator may request, and the Office may grant, additional time to assemble and produce the requested materials.
(c) Access to records and the provision of copies of records under this section shall be available at the Office or at a location designated by the Office.
(d) Access to records and the provision of copies of records under this section shall be at the cable operator’s expense.
(e) A cable operator shall maintain financial records that allow analysis and review of the operator’s operations in the District.
(f) Access to a cable operator’s records shall not be denied on the basis that the records contain proprietary or confidential information. The District shall have the right to determine the confidentiality or proprietary nature of a cable operator’s records. All confidential information received by the District shall remain confidential insofar as permitted by law. In seeking access to, or inspecting, a cable operator’s records, the District shall comply with the District’s freedom of information requirements as provided in subchapter II of Chapter 5 of Title 2. The refusal by a cable operator to provide information required herein shall be grounds for the revocation of a franchise or of any other permits and licenses issued by the District.
(g) A cable operator shall maintain a file of records open to public inspection in accordance with applicable federal and District law and regulations.
(Aug. 21, 1982, D.C. Law 4-142, § 905; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.06. Submission of correspondence by cable operator

§ 34–1259.06. Submission of correspondence by cable operator.
A cable operator shall submit to the Office copies of all correspondence, petitions, reports, applications, and other documents between the cable operator and federal agencies having appropriate jurisdiction in matters affecting cable operation, or any District agencies within 15 days of such correspondence, petitions, reports, applications, and other documents being submitted or received by the cable operator, or within a time set forth in a franchise agreement, whichever is greater.
(Aug. 21, 1982, D.C. Law 4-142, § 906; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334; Feb. 22, 2019, D.C. Law 22-230, § 201, 66 DCR 208.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.07. Rate and service regulation

§ 34–1259.07. Rate and service regulation.
(a) All proposed rates and service offerings for cable service shall be specified in an appendix to the franchise agreement.
(b) A cable operator shall provide a notice of any planned change in rates or services to the Office at least 30 days before the change.
(c) The Office may regulate cable services and rates in compliance with federal law and regulations; provided, that regulations promulgated by the Office to carry out this subsection shall be transmitted to the Council for a 60-day period of review.
(Aug. 21, 1982, D.C. Law 4-142, § 907; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
2023 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 I - Regulation, Oversight, and Inspection of Cable System and Records › § 34–1259.08. Subscriber fees

§ 34–1259.08. Subscriber fees.
(a) The cable operator shall publish and make available to each potential subscriber a schedule of all applicable fees and charges for providing cable service and shall notify subscribers that basic cable service is available.
(b) A cable operator shall not, with regard to fees, discriminate or grant any preference or advantage to any person. Nothing in this section shall be construed to prohibit a cable operator from instituting preferential or advantageous fees for the elderly, people with disabilities, or recipients of District or federal public assistance.
(c) To the extent permitted under applicable law or regulation, a cable operator may, for promotional purposes, waive, reduce, or suspend connection or monthly service fees for specific or indeterminate periods not to exceed 6 months or for a period set forth in a franchise agreement, whichever is shorter.
(d) The cable operator shall provide a notice of any planned waiver, reduction, or suspension of connection or monthly service fees to the Office at least 30 days before the waiver, reduction, or suspension.
(Aug. 21, 1982, D.C. Law 4-142, § 908; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)