(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.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
(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.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
(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 University of the District of Columbia for use as an educational channel.
(3) At least one PEG channel on the analog tier shall be assigned and allocated to the District of Columbia Public Schools for use as an educational channel.
(4) At least one PEG channel on the analog tier shall be assigned and allocated to the Council for use as a government channel.
(5) At least one PEG channel on the analog tier shall be assigned and allocated to the Mayor for use as a government channel.
(b) The Office shall allocate and assign public, educational, and government channels and negotiate and enter into operating agreements for the use of the channels; provided that:
(1) No public access channel shall be allocated or assigned to an entity other than the Public Access Corporation.
(2) No operating agreement shall be required for a channel operated by the Council, the Mayor, or the Public Access Corporation.
(3) Channels for the use of the Council or the Mayor shall not be subject to discretionary assignment or allocation by the Office and channels for such use shall be made available upon the request of the Council or the Mayor, subject to availability.
(4) The allocation and assignment of a public, educational, or government channel on the analog tier, other than an allocation and assignment to the Council or the mayor or an allocation and assignment set forth in subsection (a) of this section, shall be submitted to the Council for its review and approval through a proposed resolution transmitted by the Mayor to the Council for a 45-day period of review, excluding Saturday, Sundays, legal holidays, and days of Council recess; provided, that if the Council does not approve or disapprove the allocation and assignment by resolution within the 45-day period, the proposed resolution shall be deemed approve.
(b-1)(1) Notwithstanding any other provision of law, the PEG channels allocated to the Council under subsection (a)(4) of this section shall be under the exclusive control of the Council; provided, that, subject to subsection (b)(3) of this section, the Office shall manage the channels, pursuant to § 34- 1252.02(8), as the agent of the Council; provided further, that any video recordings or other documents, media, or intangible rights created in connection with the operation of the PEG channels shall be held by the Office as a custodian on behalf of the Council.
(2) The control of the Council shall include the right to direct which proceedings of the Council, including any event conducted by or on behalf of the Council, its committees, members, or staff, whether on the PEG channel allocated to the Council or an auxiliary website from which the proceedings may be downloaded, streamed, or otherwise viewed, may be:
(A) Recorded;
(B) Broadcast; or
(C) Re-broadcast.
(3) The Secretary to the Council, as the Council's representative, shall determine the programming for the Council's PEG channels in accordance with this subsection.
(4) The Secretary to the Council may enter into a memorandum of understanding with the Office to implement this subsection.
(c) The Office shall establish, by regulation, the process for allocating PEG channels before allocating or assigning channels under this section. The regulations shall not diminish the autonomy or authority of the Public Access Corporation established by this chapter.
(Aug. 21, 1982, D.C. Law 4-142, § 803, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334; May 27, 2010, D.C. Law 18-174, § 2, 57 DCR 3179.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-174 added subsec. (b-1).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Washington Convention Center Authority Advisory Committee Continuity Temporary Amendment Act of 2007 (D.C. Law 18-74, January 23, 2008, law notification 55 DCR 1454).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Council Cable Autonomy and Control Emergency Amendment Act of 2009 (D.C. Act 18-142, July 18, 2009, 56 DCR 5870).
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
Law 18-174, the "Council Cable Autonomy and Control Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-494, which was referred to the Committee of the Whole. The bill was adopted on first and second readings on March 2, 2010, and March 16, 2010, respectively. Approved without the signature of the Mayor on April 6, 2010, it was assigned Act No. 18-371 and transmitted to both Houses of Congress for its review. D.C. Law 18-174 became effective on May 27, 2010.
