This subchapter may be cited as the Cable Television Reform Act of 2002.
(Aug. 21, 1982, D.C. Law 4-142, § 101, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 14-193, the "Cable Television Reform Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-480, 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. 14-412 and transmitted to both Houses of Congress for its review. D.C. Law 14-193 became effective on October 9, 2002.
(a) The Council of the District of Columbia finds that:
(1) The rates, services, and operation of cable services and systems in the District affect the public interest;
(2) Further development of cable television may result in greater benefits for District residents;
(3) Cable television and cable technology play an essential role in the District's basic infrastructure;
(4) Cable systems occupy and extensively use scarce and valuable public rights-of-way in a manner reserved primarily for those who provide essential service to the public;
(5) Cable systems have the capacity to provide, in addition to entertainment and information services to District residents, a variety of broadband interactive communications services to individuals, the District government, and other institutions; and
(6) It is, and should be, the policy of the District of Columbia to provide fair regulation of cable service providers in the public interest.
(b) The purposes of this subchapter are:
(1) To ensure that any authority granted to provide cable service is exercised in the public interest;
(2) To establish the procedures for granting, renewing, transferring, and revoking authority to provide cable services;
(3) To establish baseline standards for the operation of cable service providers in the District;
(4) To establish a framework for the ongoing regulation of cable service providers and for the promulgation of rules and regulations governing the provision of cable service;
(5) To encourage the optimum development of the economic, educational, and community service potentials of cable services and cable systems;
(6) To promote just and reasonable rates and charges for cable services without discrimination, undue preferences or advantages, or unfair or destructive competitive practices;
(7) To promote harmonious relationships between cable operators and their customers;
(8) To create and maintain an economic and regulatory environment that promotes competition in the cable television industry in the District; and
(9) To attract the deployment and maintenance of advanced cable services in the District.
(Aug. 21, 1982, D.C. Law 4-142, § 102, 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.
For the purposes of this subchapter, the term:
(1) "Advisory Committee" means the Cable Television Advisory Committee established by § 34-1253.01.
(2) "Affiliate" means, when used in relation to any person, another person who owns or controls, or is owned or controlled by, or is under common ownership or control with such person.
(3) "Basic service" means the lowest tier of cable service that includes the retransmission of local broadcast signals.
(4) "Cable service" means:
(A) The one-way transmission to subscribers of video programming or other programming service; and
(B) The subscriber interaction, if any, which is required for the selection or use of video programming or other programming service.
(5) "Cable facility" means antennae, transmitters, poles, wires, cables, conduits, amplifiers, instruments, and any other equipment used to provide cable service in the District, including any appliances used in connection with, or appurtenant to, any item listed in this paragraph.
(6) "Cable operator" means a person or group of persons:
(A) Who provides cable service over a cable system or over an open video system and directly or through one or more affiliates owns a significant interest in such cable system or open video system; or
(B) Who controls or is responsible for, through any arrangement, the management and operation of a cable system or open video system.
(7) "Cable system" means the cable facilities, including the set of closed transmission paths and associated signal generation, reception, and control equipment, that are used to provide cable service to multiple subscribers within the District. The term cable system shall not include:
(A) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(B) A facility that serves subscribers without using any public rights-of-way;
(C) A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, approved June 19, 1934 (48 Stat. 1070; 47 U.S.C. § 201 et seq.) ("Communications Act of 1934") provided, that such a facility shall be considered a cable system to the extent it is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(D) An open video system that is certified by the FCC pursuant to section 653 of the federal cable act (47 U.S.C. § 573); provided, that the term cable system shall be construed to include an open video system under the circumstances set forth in § 34-1251.04; or
(E) A facility of any electric utility used solely for operating its electric utility systems.
(8) "Control" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control. A rebuttable presumption of the existence of control shall arise from the beneficial ownership, directly or indirectly, by a person, or group of persons acting in concert, of more than 20% of a person.
(9) "Converter" means an electronic device that may serve as an interface between a cable signal transmission and a subscriber's television receiver or other terminal equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion, and channel selection.
(10) "Corporation Counsel" means the District of Columbia Corporation Counsel.
(11) "District" means the government of the District of Columbia or the geographic location of the District of Columbia, as applicable.
(12) "Educational channel" means a specifically designated channel on a cable system set aside for use by a public or private school, scientific or educational institution, or consortium of schools or institutions.
(13) "Executive Director" means the Director of the Office of Cable Television and Telecommunications.
(14) "Fair market value" means the price that a willing buyer would pay to a willing seller for a cable system as a going concern in an arm's-length transaction, but with no value allocated to the franchise itself.
(15) "Federal cable act" means the Cable Communications Policy Act of 1984, approved October 30, 1984 (98 Stat. 2779; 47 U.S.C. §§ 521-573).
(16) "FCC" means the Federal Communications Commission or its successor agency.
(17) "Franchise" means an authorization, or renewal of an authorization, issued by the Council, to construct or operate a cable system.
(18) "Franchise agreement" means a contract entered into pursuant to this chapter, between the District and a cable operator that sets forth, subject to this chapter and other laws, the terms and conditions under which a franchise shall or may be exercised.
(19) "Gross revenues" means all revenues received by a cable operator, or an affiliate of a cable operator, before payment of expenses and other costs, from the operation or use of its cable system or open video system, including revenues derived from cable services including cable modem service, interactive services, the sale or lease of subscriber equipment, installation and other service fees, the sale of advertising time (and related services), earnings from home shopping channels, and any item defined as gross revenue in a franchise agreement.
(20) "Government channel" means a specifically designated channel on a cable system set aside for use by the District government.
(21) "Installation" means the connection of cable service to a subscriber's television receiver or other terminal equipment.
(22) "Institutional network " or "I- Net" means a one--way and two--way network with upstream and downstream capacity, and including dedicated, high speed data, video, television, audio communications and telephony facilities, designed and constructed to connect District government buildings and facilities, and other buildings and facilities designated or authorized by the District.
(23) "Office" means the Office of Cable Television and Telecommunications established by § 34-1252.01.
(24) "Open video system" means the cable facilities, including the set of closed transmission paths and associated signal generation, reception, and control equipment, that are designed to provide cable service to multiple subscribers within the District, and which the FCC, in accordance with section 653 of the federal cable act (47 U.S.C. § 573), has certified as compliant with Title VI of the federal cable act and its rules.
(25) "Other programming service" means a service other than cable service that a cable operator makes available to all subscribers generally.
(26) "PEG channels" means channel capacity designated for public access channels, educational channels, and government channels, and the facilities and equipment for the use of the channels.
(27) "Person" means an individual, corporation, partnership, association, joint-stock company, trust, or any other legal entity, excluding the government of the District of Columbia and its agencies.
(28) "Public access channel" means a channel on a cable system that is reserved for noncommercial use by members of the public on a nondiscriminatory basis.
(29) "Public rights-of-way" means the surface, the airspace above the surface, and the area below the surface of any street, road, avenue, highway, parkway, concourse, boulevard, park, public space, bridge, viaduct, tunnel, or any other property to which the District has title, easement, or jurisdiction.
(30) "Subscriber" means a person who:
(A) Lawfully receives cable service provided by a cable operator by means of or in connection with its cable system or open video system, whether or not a fee is paid for such cable service; and
(B) Does not further distribute the cable service.
(31) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Aug. 21, 1982, D.C. Law 4-142, § 103, 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.
References in Text
Title VI of the federal cable act, referred to in par. (24), is Title VI of the Cable Communications Policy Act of 1984, Pub.L. 98-549, Oct. 30, 1984, 98 Stat. 2779, classified to 47 U.S.C.A. § 521 et seq.
(a) Except as otherwise provided in this subchapter, this subchapter shall apply to an open video system to the extent permitted by federal law. In applying the provisions of this subchapter to an open video system, the term "cable system" shall be construed to include an open video system.
(b) An open video system operator shall not operate in the District without first:
(1) Receiving a franchise from the Council; and
(2) Entering into:
(A) A franchise agreement pursuant to this chapter; or
(B) An open video system agreement; provided, that the open video system agreement shall contain the minimum requirements set forth in § 34-1254.05; provided further, that the open video system agreement shall be negotiated with the Office and transmitted to the Council for approval by act.
(c) In lieu of the franchise fee required by § 34-1256.01, the operator of an open video system shall pay to the District a fee of 5% of the gross revenues of the operator.
(d) Any person who provides cable service over the open video system of another person and who assesses charges to subscribers that are not received by the open video system operator shall pay a fee to the District in an amount equal to 5% of the person's gross revenues. The operator of the open video system shall collect the fee from the person and shall remit the fee to the District. If the open video system operator fails to collect or remit the fee, the operator shall be directly liable to the District for payment of the uncollected or unremitted fee.
(e) An open video system operator shall be subject to all requirements of District law regarding the authorization to use or occupy the public rights-of-way, and the approval by the Federal Communications Commission of an open video system operator's certification pursuant to section 653 of the federal cable act (47 U.S.C. § 573) shall not confer upon the operator any authority to use or occupy the public rights-of-way that the operator does not otherwise possess.
(f) Notwithstanding anything to the contrary, if a cable operator, its parent, affiliate, or subsidiary elects to offer to subscribers video programming services through an open video system, the cable operator shall remain subject to all the terms and conditions of a franchise granted pursuant to this chapter.
(Aug. 21, 1982, D.C. Law 4-142, § 104, 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.
