§ 34–1254.07. Franchise renewal; commencement under federal cable act.

DC Code § 34–1254.07 (2019) (N/A)
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(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 community cable-related needs, both current and future;

(B) A formal assessment of the cable operator’s compliance with this chapter, the franchise, and the franchise agreement over the course of the franchise; and

(C) A formal assessment of the technical aspects of the cable system.

(2) The Office shall complete the assessments under this section prior to taking action under subsection (e) of this section.

(c) If the Office commences a proceeding under section 626(a) of the federal cable act (47 U.S.C. § 546(a)), the cable operator shall submit a proposal for renewal of the franchise within such time, and with such information, as the Office shall establish by regulation.

(d) The Office shall provide public notice of the proposal through publication of a Notice of Cable Franchise Renewal Proposal in the District of Columbia Register.

(e) After the submission of a completed renewal proposal the Office shall:

(1) Within 90 days, provide to the Council a written recommendation that the franchise should be renewed, along with a proposed franchise agreement which shall meet the standards of § 34-1254.05; or

(2) Within 120 days, issue a preliminary assessment that the franchise should not be renewed and commence an administrative proceeding consistent with section 626(c) of the federal cable act (47 U.S.C. § 546(c)). After the completion of the administrative proceeding, the Office shall transmit to the Council a written proposed decision granting or denying the proposal for renewal based upon the record of the proceeding and stating the reasons for the proposed decision. If the proposed decision is to deny the renewal, the Office shall provide a detailed explanation of the proposed denial’s [sic] consistent with federal law.

(Aug. 21, 1982, D.C. Law 4-142, § 407; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)

This section is referenced in § 34-1254.08.

For 2018 approval of Starpower franchise, see D.C. Law 22-231.

For 2018 approval of Comcast franchise, see D.C. Law 22-230.