§ 34-1202.01. Council authorized to grant franchise; franchise required; condition and term of franchise.[Repealed]

Prior Codifications

1981 Ed., § 43-1802.1.

Temporary Addition of Section

For temporary (225 day) additions, see §§ 2, 3 of Comcast Cable Franchise Extension Temporary Act of 2002 (D.C. Law 14-161, June 25, 2002, law notification 49 DCR 6497).

Emergency Act Amendments

For temporary (90 day) extension of cable franchise term, see § 2 of Approval of the Extension of the Term of the Franchise of Comcast Cablevision of the District, LLC, Congressional Review Emergency Act of 2001 (D.C. Act 14-63, June 6, 2001, 48 DCR 5710).

For temporary (90 day) extension of cable franchise term, see § 2 of Comcast Cable Franchise Extension Emergency Act of 2002 (D.C. Act 14-298, March 13, 2002, 49 DCR 2652).

For temporary (90 day) repeal of section, see § 3 of Cable Television Reform Emergency Amendment Act of 2002 (D.C. Act 14-409, July 15, 2002, 49 DCR 7280).

For temporary (90 day) approval of franchise, see § 2 of Approval of the Franchise of Comcast Cablevision of the District to Provide Cable Service in the District of Columbia Emergency Act of 2002 (D.C. Act 14-410, July 15, 2002, 49 DCR 7322).

Legislative History of Laws

For legislative history of D.C. Law 4-142, see Historical and Statutory Notes following § 34-1201.

Law 5-36, "Cable Television Communications Act of 1981 Clarification Amendment Act of 1983," was introduced in Council and assigned Bill No. 5-170, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on June 21, 1983, and July 5, 1983, respectively. Signed by the Mayor on July 28, 1983, it was assigned Act No. 5- 60 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 11-210, see Historical and Statutory Notes following § 34-1202.

Law 14-192, the "Approval of the Franchise of Comcast Cablevision of the District to Provide Cable Service in the District of Columbia Act of 2002", was introduced in Council and assigned Bill No. 14-650, which was referred to the Committee on Economic Development.  The Bill was adopted on first and second readings on June 18, 2002, and July 2, 2002, respectively.   Signed by the Mayor on July 15, 2002, it was assigned Act No. 14-411 and transmitted to both Houses of Congress for its review.  D.C. Law 14-192 became effective on October 9, 2002.

For Law 14-193, see notes following § 34-1201.

Miscellaneous Notes

Short title: The first section of D.C. Law 5-36 provided: "That this act may be cited as the 'Cable Television Communications Act of 1981 Clarification Amendment Act of 1983'."

Approval of amended limited partnership agreement: Pursuant to Resolution 6- 624, the "Cable Television Franchise Limited Partnership Review and Approval Resolution of 1986," effective April 15, 1986, the Council approved the amended and restated partnership between District Cablevision, Inc. and Tele-Communications, Inc., to be known as District Cablevision Limited Partnership.

Tele-Communications, Inc. and Liberty Media Corporation Reorganization Disapproval Resolution of 1994: Pursuant to Resolution 10-368, effective June 24, 1994, the Council disapproved the District Cablevision Limited Partnership's Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise.

District of Columbia cable television franchise award: See Historical and Statutory Notes following § 34-1213.01.

Modification of Cable Television Franchise Agreement: See Historical and Statutory Notes following § 34-1213.01.

The Nashville Network Reinstatement Resolution of 1996: Pursuant to Resolution 11-411, approved July 3, 1996, and effective upon publication on July 19, 1996, Council directed the district Cablevision Limited Partnership to return The Nashville Network to District Cablevision.

Sections 2 through 4 of D.C. Law 14-192 provide:

"Sec. 2. Grant of franchise.

"Pursuant to the Cable Television Communications Act of 1981, effective August 21, 1982 (D.C. Law 4-142; D.C. Official Code § 34-1201 et seq.) ('Cable Act'), Comcast Cablevision of the District, LLC, is granted a 10-year, nonexclusive, revocable franchise to provide cable service in the District of Columbia. The franchise is subject to the provisions of the Cable Act and the terms and conditions of the cable franchise agreement approved by section 3."

"Sec. 3. Approval of franchise agreement.

"(a) The Council approves the proposed franchise agreement between the District and Comcast Cablevision of the District, LLC, transmitted to the Council by the Mayor on April 25, 2002, attached to this resolution and incorporated by reference, with the following modifications and conditions:

"(1) Section 1.5.3 is amended by inserting the phrase '(other than the Public Access Corporation)' after the phrase 'PEG Entities', wherever it appears.

"(2) Section 1.58 is amended by striking the phrase 'or any other PEG entity'.

"(3) Section 2.3.06 is amended as follows:

"(A) Strike the word 'but' and insert the phrase ', the Company is engaged in good-faith negotiations with the District regarding a renewal of the franchise, and' in its place.

"(B) Insert the phrase '; provided an extension under this section 2.3.06 shall not exceed six (6) months' after the phrase 'renewal term commences'.

"(4) Section 4.1.03(iv) is amended by adding the phrase '(except for channels allocated to the Mayor, the Council, or the Public Access Corporation, for which no PEG Operating Agreement shall be required)' after the phrase 'PEG Operating Agreements'.

"(5) Section 4.1.01 is amended by striking the phrase 'PEG Operating Agreement' wherever it appears and inserting the phrase 'PEG Operating Agreement or other notice' in its place.

"(6) Section 4.1.04 is amended by striking the phrase 'PEG Operating Agreement' and inserting the phrase 'PEG Operating Agreement or other notice' in its place.

"(7) Section 4.1.11 is amended by striking the phrase 'PEG Operating Agreement' and inserting the phrase 'PEG Operating Agreement or other notice' in its place.

"(8) Section 4.1.12(i) is amended as follows:

"(A) Strike the phrase 'Subject to the terms of its PEG Operating Agreement' and insert the phrase 'Subject to the terms of its PEG Operating Agreement, if any,' in its place.

"(B) Strike the phrase 'an approved PEG Operating Agreement' and insert the phase 'an approved PEG Operating Agreement or other notice' in its place.

"(9) Section 4.2.05 is amended by striking the sentence 'Rules and regulations adopted by the Public Access Corporation shall govern the use of Public Channel time, equipment, facilities, and other services.' and inserting the sentence 'Rules and regulations adopted by the Public Access Corporation shall govern the use of all Public Channels, including all matters related to governance, management, time, equipment, facilities, and other services.' in its place.

"(10) Section 5.3 is amended by striking the text after the phrase 'they are offered; (iv)' and insert the phrase 'bulk rates; or (v) any discounts, promotions, or reduced charges allowed by law or regulation.' in its place.

"(11) Section 7.3 is amended by striking the phrase 'transmission of this Agreement to the Council, and prior'.

"(12) Section 7.5 is amended by adding the sentence 'The Memorandum of Understanding shall require that the Company make at least good-faith efforts to contract, and procure at least 35% of its goods and services, with local, small, and disadvantaged business enterprises.' at the end.

"(13) Section 7.9 is amended by striking the phrase '(D.C. Official Code § 34-1202(24))' and inserting the phrase ', as the act was in effect as of June 1, 2002' in its place.

"(14) Section 8.1 is amended by striking the phrase 'Subject to Section 10.2 hereof, the' and inserting the word 'The' in its place.

"(15) Section 10.2 is amended as follows:

"(A) Strike the phrase 'power,' and insert the phrase 'power or other governmental power,' in its place.

"(B) Strike the phrase ', provided that the Company shall not be required to comply with any such statutes, rules, regulations, orders or other directives that take effect after the Effective Date to the extent such statutes, rules, regulations, orders or other directives are materially in conflict with the Company's rights and obligations as set forth in this Agreement. Notwithstanding the preceding sentence, the Company shall comply with each statute, rule, regulation, order and directive of the District that is of general applicability'.

"(C) Add 2 new sentences at the end to read as follows:

"In addition to other rights reserved in this section, the District reserves its rights to enact and enforce laws to prohibit or regulate exclusive contracts and anticompetitive acts that have the purpose or effect of limiting competition for the provision of cable service or services similar to cable service, including exclusive programming agreements, and exclusive contracts with vendors to provide equipment, materials or services. The Company reserves its Constitutional contract rights as applicable to its rights and obligations as set forth in the Agreement."

("16) Section 10.3.01 is amended by striking the sentence 'The Council shall provide the Company with fifteen (15) days' prior notice of any such hearing (seven (7) days' prior notice in the case of a roundtable) or any such longer notice period as may be required by applicable law or the Council's rules or procedures, provided that this sentence shall not limit in any way the Council's subpoena power under applicable law (Section 15.21 shall not apply to this sentence).'

"(17) Section 10.5.01(ix) is amended by adding the phrase 'including the First Source Agreement and the Memorandum of Understanding regarding the utilization of local, small, and disadvantaged business enterprises,' after the word 'obligations'.

"(18) Section 11.4.03 is amended by striking the sentence 'As provided in Section 11.4.01 of this Agreement, the Council shall act on the Company's petition within the transfer review period as determined under Sections 11.4. 1 and 11.4.02 of this Agreement.'

"(19) Section 13.4.02 is amended by adding the word 'written' before the word 'waiver', wherever it appears.

"(20) Section 15.21 is amended by striking the phrase ', but in all uses 'applicable law' shall be limited by Section 10.2 hereof'.

"(21) Appendix D.II.A.1 is amended by striking the phrase 'with respect to the two (2) Downstream Analog Channels allocated to it pursuant to Section 4.1.03 of this Agreement'.

"(22) Strike Appendix D.II.A.4.

"(23) Appendix D.II.B.1 is amended by striking the phrase 'PEG channels' and inserting the phrase 'Educational and Governmental Channels' in its place.

"(24) Appendix D.II.B.2 is amended by striking the phrase 'PEG channels' and inserting the phrase 'Educational and Governmental Channels' in its place.

"(25) Appendix F.I.A.1 is amended by striking the phrase 'in the Mayor's executive suite' and inserting the phrase 'the offices of Councilmembers and Council committees and in other Council offices, and in the Mayor's executive suite,' in its place.

"(26) Appendix F.II. is amended by adding the sentence '(The District shall deduct the study and installation costs from the advance payment of capital support after full payment, based on the pre-deduction amount, has been made to the Public Access Corporation.)'

"(27) Exhibit 1 to Appendix F is amended by striking the phrase 'DHS' in the row beginning with the phrase 'Dept. of Housing' and inserting the phrase 'DHCD' in its place.

"(28) Appendix H is amended by striking Section I.10 in its entirety and inserting a new Section I.10 to read as follows:

"10. In the case of a transfer of interest pursuant to Section 11.1 of this Agreement, current financial statements showing the financial condition of the System as of the date of the petition or other written request, and pro forma financial projections for three (3) years, including a statement of projected income and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules. In the case of a transfer of control or stock pursuant to Section 11.2 of this Agreement, (a) such current financial statements and pro forma financial projections for the System (both as described in the preceding sentence) or alternatively (b) the pro forma financial information filed with the federal Securities and Exchange Commission relating to the proposed transaction."

"(b) The Chairman of the Council and the Mayor may sign the cable franchise agreement approved, as modified, by this section."

"Sec. 4. Approval of transfer of control.

"Pursuant to the Cable Television Communications Act of 1981, effective August 21, 1982 (D.C. Law 4-142; D.C. Official Code § 34-1201 et seq.), the franchise agreement between the District and District Cablevision Limited Partnership (dated September 30, 1985) and the franchise agreement approved by section 3, the Council approves the transfer of control from Comcast Corporation to AT&T Comcast Corporation of the franchises granted by:

"(1) This act; and

"(2) The District of Columbia Cable Television Franchise Award Act of 1984, effective March 14, 1985 (D.C. Law 5-163; D.C. Official Code § 34-1213.01 note)."