Title 34 — Public Utilities.

Repealed Repealed.

(a)(1) There shall be established, pursuant to the requirements of this chapter and in accordance with Chapters 1, 2, and 4 of Title 29, a nonprofit Public Access Corporation (“Corporation”) in the District for the purpose of facilitating and governing nondiscriminatory use by th…

(a) The Public Service Commission shall regulate the rates, terms, and conditions for cable operators’ use of existing utility company rights-of-way located within the District, including the use of existing utility poles and underground conduits in accordance with federal law an…

(a) The Council may grant one or more franchises to provide cable service over, on, under, or within the public rights-of-way. (b) No person may construct or operate a cable system over, on, under, or within a public right-of-way without first obtaining a franchise under this cha…

(a) An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the District or on an unsolicited basis. (b) The application shall be filed with the Office and shall be on a form prescribed by the Mayor. The application shall co…

(a) Within 45 days after receiving an application under § 34-1254.02, the Office shall certify the application as complete or shall transmit to the applicant a description of missing information and the time by which the missing information must be provided. (b) Upon certifying t…

(a) If the Office determines under § 34-1254.03 that an applicant has the ability and commitment to adequately provide cable service in the District and to meet the cable-related needs and interests of the District and of District residents, the Office shall commence the negotiat…

(a) The proposed franchise agreement shall contain the following provisions: (1) The applicant shall construct, operate, and maintain a state-of-the-art cable system. (2) The capacity of the cable system shall be at least 750 MHz, with both downstream and upstream capacity. (3) T…

(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 fra…

(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 commun…

(a) If the Office does not commence a renewal proceeding under § 34-1254.07, the Office shall commence a franchise review proceeding no later than 24 months before the expiration of the franchise. (b) The Office shall commence the proceeding by having published in the District of…

(a) Except for conveyances of real or personal property in the ordinary course of the operation of a cable system, neither a franchise, nor a cable operator, nor any rights or obligations of a cable operator in a cable system or pursuant to a franchise agreement, nor a cable syst…

(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 th…

(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 Distric…

(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 tha…

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 ope…

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 inte…

(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 de…

(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 Offic…

(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) 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 u…

(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…

(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 b…

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,…

(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 pursu…

(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…

(a) A cable operator shall complete construction of the cable system, and offer and deliver cable service in full compliance with this chapter and the franchise agreement. (b) A cable operator shall use existing poles, conduits, and other facilities whenever possible, and shall n…

(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…

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.

(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 c…

(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 channe…

(a)(1) At least 2 PEG channels on the analog tier and at least 2 PEG channels on the digital tier shall be assigned and allocated to the Public Access Corporation for use as public channels. (2) At least one PEG channel on the analog tier shall be assigned and allocated to the Un…

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.

(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 cond…

(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 …

(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 opera…

(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…

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 10…

(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…

(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, …

(a) Within 10 days after the submission of a report or other document to any federal or District agency or commission, or after such shorter period as may be established in a franchise agreement, the cable operator shall file a copy of the document with the Office. Documents requ…

(a) A cable operator shall comply with all federal and District customer service regulations and with all customer service standards contained in the franchise agreement. (b) A cable operator shall maintain at least one office within the District, which shall be open and accessib…

(a) For the purposes of this section, the term: (1) “Personally identifiable information” does not include any record of aggregate data which does not identify particular persons. (2) “Cable operator” includes, in addition to persons within the definition of cable operator in § 3…

(a) No landlord of a residential property shall: (1) Interfere with the installation, operation, upgrade, or maintenance of cable television facilities upon a property or premises, except that a landlord may require that: (A) The installation of cable television facilities confor…

(a) A cable operator shall not refuse to hire or employ, discharge, or otherwise discriminate against any person for any reason provided in Unit A of Chapter 14 of Title 2. (b) The provisions of the Human Rights Act shall apply to a cable operator.

(a) In order to maximize opportunities for minority employment and participation in the cable television industry, each cable operator shall make a positive and good faith effort to establish employment goals and timetables designed to achieve minority representation equal to the…

Except as otherwise provided in a cable franchise agreement, a cable operator’s employee workforce and subcontractors shall consist of not less than 51% District residents.

(a) A cable operator shall not be excused from complying with any of the terms and conditions of this chapter or the franchise agreement, as a result of any failure of the District, upon any one or more occasions, to insist upon the cable operator’s performance or to seek the cab…

Whenever this chapter or the franchise agreement sets forth a time for an act to be performed by or on behalf of the cable operator, the time shall be deemed of the essence and the cable operator’s failure to perform within the time provided shall, in all cases, be sufficient gro…

(a) Whenever a cable operator shall willfully or repeatedly fail, refuse, or neglect to conduct or operate its cable system in accordance with the terms of this chapter or the franchise, or to comply with the conditions of the use of the public rights-of-way, or in other ways vio…