(a) There is established a Cable Television Advisory Committee to assist and advise the Mayor and the Council regarding the design, regulation, and programming of cable systems in the District.
(b) The Advisory Committee shall consist of 13 members as follows:
(1) Two members who shall represent the Council, who shall be comprised of:
(A) One member to be designated by the Chairman of the Council; and
(B) One member to be designated by the chairperson of the Council committee with oversight over the Office;
(2) Eight members, to be appointed by the Mayor, who shall be comprised of:
(A) One member who shall be an Advisory Neighborhood Commissioner;
(B) Two members who shall be District residents with extensive knowledge of cable television;
(C) One member who shall be a District resident with expert knowledge of the telecommunications industry;
(D) One member who shall be an engineer with technical knowledge of cable television and telecommunications;
(E) One member who shall be a senior citizen and resident of the District;
(F) One member who shall represent the Office of the Deputy Mayor for Planning and Economic Development;
(G) One member who shall represent the Department of Transportation;
(3) One member who shall represent the Consortium of Universities to be selected by the Consortium from among its members;
(4) One member who shall represent the District of Columbia Public School Board of Education, to be selected by the President of the Board from among the members of the Board; and
(5) One member who shall represent the Public Access Corporation to be selected by the Chairman of the Board of Directors of the Public Access Corporation from among the members of the Board of Directors.
(c) The Advisory Committee shall:
(1) Advise the Mayor, the Council, and the Office in the general oversight of the cable television industry;
(2) Assess the cable programming and technology needs and interests of District residents;
(3) Recommend changes to District law, regulations, or policy regarding cable television; and
(4) Meet at least on a quarterly basis to familiarize its members with, among other things, current cable industry technology and trends.
(d) The members of the Advisory Committee shall be appointed or designated for terms of 4 years; provided, that the members of the Advisory Committee serving on the day prior to October 9, 2002 shall continue in office under the following schedule:
(1) The terms of the members appointed under subsection (b)(1)(A), (b)( 2)(A), (b)(2)(D), (b)(2)(F), (b)(3), (b)(5) of this section and the member appointed earlier under subsection (b)(2)(B) of this section shall expire 2 years after October 9, 2002; and
(2) The terms of the members appointed under subsection (b)(1)(B), (b)( 2)(C), (b)(2)(E), (b)(2)(G), (b)(4) of this section, and the member appointed later under subsection (b)(2)(B) of this section shall expire 4 years after October 9, 2002.
(Aug. 21, 1982, D.C. Law 4-142, § 301, 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) 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 the public of those specifically designated and reserved noncommercial public access channels of a cable system.
(2) The Corporation shall have jurisdiction over the use of all public access channels and all matters related to the governance, management, time, equipment, facilities, and other services related to the public access channels.
(3) The Corporation shall be responsible for all resources and assets dedicated to the Corporation under this chapter, and any franchise agreement, or open video system agreement.
(b)(1) The Corporation shall have no less than 3 categories of members, including:
(A) A 13-member Board of Directors;
(B) A 15-member Board of Advisors; and
(C) Associate members.
(2) The names of the members of the Corporation shall be public information.
(c) The Board of Directors shall be the governing body of the Corporation. The bylaws of the Corporation shall provide that 2 members of the Board shall always be persons nominated by the Mayor and confirmed by the Council and that 2 members of the Board shall always be persons nominated by the chairperson of the Council committee having jurisdiction over cable television and confirmed by the Council. The chairperson and the remaining members of the Board shall be elected in accordance with the bylaws of the Corporation.
(d) The Board of Advisors shall advise the Board of Directors and shall have the authority or responsibilities that the bylaws of the Corporation confer and as the Board of Directors may from time to time determine. Each member of the Board of Advisors shall be a resident of the District of Columbia. To the extent possible, the membership of the Board of Advisors shall include representatives of public interest organizations, civil rights groups, the health and arts communities, labor organizations, business groups, consumers, educators, religious leaders, minorities, women, gays and lesbians, persons with disabilities, and child advocates.
(e) Any person nominated by the Mayor or the Council to the Board of Directors or the Board of Advisors shall be a District resident and shall not be an employee of the District, an employee or owner of a cable operator or any of its contractors.
(f) Any person nominated by the Mayor or the Council to the Board of Director or the Board of Advisors shall, to the extent possible, have knowledge of areas that include telecommunications law, television programming, corporate or foundation management, public relations, fund raising, and career development training.
(g) Neither members of the Board of Directors nor members of the Board of Advisors shall be compensated for the performance of their duties as members of these boards, except that they may be reimbursed for expenses incurred in the performance of their duties as the Corporation shall determine.
(h) The articles of incorporation or the bylaws of the Public Access Corporation shall reflect and ensure that the statutory mandates and legislative intent of the Council shall be protected and promoted by the Corporation in the issuance of regulations guaranteeing nondiscriminatory use of the public access channels; in the development of opportunities within the community-at-large for training and experience in the field of telecommunications; and in permitting any resident of the District qualified to use the public access facilities to become a member of the Public Access Corporation, with voting rights equal to those of other members. The articles shall also provide for these members to elect members of the Board.
(i) The bylaws of the Corporation shall include a requirement that an annual report of all the Corporation's activities, including a financial audit, be submitted to the Council for its information within 120 days of the end of each fiscal year of the Corporation.
(j) The bylaws of the Corporation shall include rules for procurement and personnel policies.
(k) The bylaws of the Corporation shall include a requirement that the Corporation submit to the Mayor the budget of the Corporation for its next fiscal year, approved by the Board, for inclusion in the annual budget that the Mayor is required to submit to the Council pursuant to § 1-204.42. The Corporation shall submit to the Mayor annually the budget of the Public Access Corporation for its next fiscal year, approved by the Board, for inclusion in the annual budget that the Mayor is required to submit to the Council pursuant to § 1-204.42.
(l) The Corporation shall establish its bank account in a financial institution located in the District.
(m) The Corporation's management and use of public access channels shall not duplicate programming or services that the District may provide on government channels.
(n) The Corporation may solicit any monies, equipment, and services provided under and in accordance with the terms of an agreement ratified by the District as a part of a grant of franchise for a cable system; and may receive monies, equipment, and services from other sources, including grants from the District, the federal government, private foundations, businesses, organizations, individuals, membership dues, and donations. Any monies, equipment, and services received pursuant to this subsection shall be utilized in accordance with the bylaws of the Corporation, and in a manner consistent with the purposes and limitations of this chapter.
(o) All assets of the Corporation, including all facilities and monies dedicated to public access use by the District and the franchise agreement or open video system agreement, shall be deemed assets held by the Corporation in trust for the benefit of the citizens of the District for the purpose of developing and implementing the use and programming of public access channels. In the event of voluntary or involuntary dissolution of the Corporation, all assets of the Corporation shall revert to the District. In addition to all other lawful grounds, the Corporation may be dissolved involuntarily by a decree of the court in an action instituted by the Mayor, on the Mayor's own initiative or at the request of the Council, in the name of the District when it is proven by a preponderance of the evidence that the Corporation has continued to exceed, abuse, or fail to fulfill the powers or purposes set forth in this chapter and the Corporation's articles, has continued to exceed or abuse its bylaws, or has breached and continues to breach its fiduciary obligations to the citizens of the District. Any involuntary dissolution shall be undertaken pursuant to the notice and remedy provisions of § 29-301.53.
(Aug. 21, 1982, D.C. Law 4-142, § 302, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334; Apr. 24, 2007, D.C. Law 16-305, § 49, 53 DCR 6198; July 2, 2011, D.C. Law 18-378, § 3(z), 58 DCR 1720.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-305, in subsec. (d), substituted "persons with disabilities" for "handicapped persons".
D.C. Law 18-378, in subsec. (a)(1), substituted "Chapters 1, 2, and 4 of Title 29" for "Chapter 3 of Title 29".
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
Law 16-305, the "People First Respectful Language Modernization Act of 2006", was introduced in Council and assigned Bill No. 16-664, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 17, 2006, it was assigned Act No. 16-437 and transmitted to both Houses of Congress for its review. D.C. Law 16-305 became effective on April 24, 2007.
Law 18-378, the "District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009", was introduced in Council and assigned Bill No. 18-500, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 27, 2011, it was assigned Act No. 18-724 and transmitted to both Houses of Congress for its review. D.C. Law 18-378 became effective on July 2, 2011.
(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 and regulations, and shall ensure that all rates, terms, and conditions are just and reasonable.
(b) In regulating rates, terms, and conditions under this section, the Public Service Commission shall consider the interests of both cable service subscribers and utility consumers.
(c) The Public Service Commission shall resolve disagreements among cable operators and public utilities, including the use of public rights-of-way by a cable operator to install and maintain the cable operator's cable system.
(Aug. 21, 1982, D.C. Law 4-142, § 303, 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.
