§ 34–1254.01. Franchise and franchise agreement required.

(a) The Council may grant one or more franchises to provide cable service over, on, under, or within the public rights-of-way.

(b) No person may construct or operate a cable system over, on, under, or within a public right-of-way without first obtaining a franchise under this chapter.

(c) No person may exercise the authority granted by a franchise without first having entered into a franchise agreement with the District pursuant to this chapter.

(d) A franchise granted pursuant to this chapter shall:

(1) Authorize the use of the public rights-of-way for installing, on poles or underground, cables, wires, lines, optical fibers, underground conduits, ducts, conductors, amplifiers, vaults, and other facilities necessary and pertinent to operate a cable system to serve subscribers within the District; provided:

(A) The authority to use the public rights-of-way shall be subject to the permitting and other regulatory authority of the District;

(B) The authority to use the public rights-of-way shall be subordinate, without limitation, to the District’s use and any prior lawful occupancy of the public rights-of-way;

(2) Be subject to prior revocation pursuant to this chapter and the franchise agreement;

(3) Be subject to any terms, conditions, or obligations set forth in this chapter, the franchise, the franchise agreement, and other applicable law and regulation;

(4) Become void upon the failure to comply with any material term of the franchise, franchise agreement, or this chapter, as determined by the Office; and

(5) Constitute an obligation to provide the cable services regulated by this chapter, the franchise agreement, and any other applicable law or regulation.

(e) A franchise granted pursuant to this chapter shall not:

(1) Limit the District’s right to grant a franchise to other persons to provide cable service within the same or other areas of the District at any time;

(2) Waive the requirement of the cable operator to obtain, or be deemed, approval of:

(A) Any other permit or authorization to transact or carry on business in the District;

(B) Any permit or authorization to operate on, over, under, or within public streets or property, including street cut permits; or

(C) Any permit or authorization to occupy any property of the District government or private property to which access is not specifically granted by the franchise, including permits or authorization to place devices in, on, over, or under poles, conduits, structures, or railroad easements.

(Aug. 21, 1982, D.C. Law 4-142, § 401; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of the Comcast Cable Television Franchise Agreement Modification Emergency Act of 2006 (D.C. Act 16-364, April 26, 2006, 53 DCR 3630).

For temporary (90 day) addition of section, see § 2 of Approval of the Transfer of Control of Starpower Communications, LLC, and its Cable Franchise and Cable System to Yankee Cable Acquisition, LLC Emergency Act of 2010 (D.C. Act 18-488, July 20, 2010, 57 DCR

Temporary Legislation

Section 2 of D.C. Law 18-253 added a provision to read as follows:

“Sec. 2. (a) The Council approves the transfer from RCN Corporation to Yankee Cable Acquisition, LLC, (’Yankee Cable’) of the control of Starpower Communications, LLC, (’Franchisee’), its cable franchise in the District, and its cable system serving the District granted in accordance with the Cable Television Reform Amendment Act of 2002, effective October 9, 2002 (D.C. Law 14-193; D.C. Official Code § 34-1251.01 et seq.), and the franchise agreement between the Franchisee and the District dated June 28, 2005.

“(b) The Council’s approval of this transfer is subject to the following conditions:

“(1) That on or before July 31, 2010, the District, the Franchisee, Yankee Cable, and RCN Telecom Services, LLC enter into an agreement substantially in the form of the document titled ‘Transfer Agreement;’

“(2) That the transfer is consummated on or before October 31, 2010; and

“(3) That the transfer is consummated on terms and conditions identical in all material respects to those described in the Transfer Agreement.

“(c) If any of the conditions specified in subsection (b) of this section or in the transfer agreement are not satisfied, the Council’s approval of the transfer is null and void.

“(d) The Mayor may execute the transfer agreement on behalf of the District.”

Section 4(b) of D.C. Law 18-253 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 2 of D.C. Law 15-255 provided: “Sec. 2. Grant of franchise. Pursuant to the Cable Television Communications Act of 1981, effective October 9, 2002 (D.C. Law 14-193; D.C. Official Code § 34-1251.01 et seq.) (‘Cable Act’), the application of Starpower Communications, LLC for an open video system franchise is hereby approved, and Starpower Communications, LLC is granted a 5-year, non-exclusive, revocable open video system (‘OVS’) franchise to provide cable television service in the District of Columbia. The OVS franchise is subject to the provisions of the Cable Act and the terms and conditions of the OVS franchise agreement approved by section 3.”

Sections 2 to 7 of D.C. Law 17-349 granted a cable television franchise to Verizon Washington, DC Inc., subject to certain exemptions from law, and approved a cable television system franchise agreement between the District of Columbia and Verizon Washington, DC Inc.