Part B. Office of Cable Television, Film, Music, and Entertainment.

§ 34–1252.01. Establishment of the Office of Cable Television, Film, Music, and Entertainment; Director; General Counsel.

(a) There is established within the executive branch, as a subordinate agency, the Office of Cable Television, Film, Music, and Entertainment. The Office shall be responsible for:

(1) Oversight of cable television services, including:

(A) Regulating cable service, cable service providers, and the cable television industry;

(B) Protecting and promoting the public interest in cable service; and

(1A) Managing and producing audio and video content for:

(A) The government and educational channels;

(B) Government-operated radio; and

(2) Producing video and audio content for District government agencies and residents; and

(3) Fostering the development of a sustainable creative economy and entertainment and media industry in the District, including:

(A) Marketing and promoting the District to the entertainment industry as a prime location for productions and events;

(B) Stimulating employment and business opportunities related to the entertainment industry;

(D) Serving as a clearinghouse for information regarding government requirements affecting the entertainment industry within the District;

(E) Assisting producers and companies in securing permits and other appropriate services connected with the entertainment industry, including entertainment industry projects;

(F) Facilitating cooperation from the District government, the federal government, and private sector groups in the location and production of entertainment industry projects;

(G) Administering the Film, Television, and Entertainment Rebate Fund established by § 2-1204.11;

(H) Issuing, upon delegation of authority from the Mayor, motion picture and television production permits authorized by § 2-1204.11d; and

(I) Implementing the plan to support, preserve, and archive go-go music and its history, created pursuant to § 1-167.02.

(b) The Office shall be administered by an Director who shall be appointed by the Mayor and shall be subject to confirmation by the Council pursuant to § 1-523.01. Notwithstanding any other provision of law, the Director shall become a bona fide resident of the District within 180 days after the effective date of confirmation by the Council and shall remain a District resident for the duration of the appointment. Failure to become a District resident or to maintain District residency shall result in forfeiture of the appointment. The Director shall not have, or have had within 2 years preceding his or her nomination, any ownership or business interest of over 5% in, or a substantial business affiliation with, any cable operator in the District.

(c) The duties of the Director shall include the general administration of the Office, the preparation of the budget, hiring of staff, maintaining records, administering and enforcing the provisions of this chapter and regulations promulgated pursuant to this chapter, and such other duties required by law.

(d) The Director shall establish an Office of the General Counsel within the Office. The Office of the General Counsel shall be headed by a General Counsel appointed by the Director with the approval of the Director of the Mayor’s Office of Legal Counsel. The General Counsel, with the consent of the Director and the approval of the Director of the Mayor’s Office of Legal Counsel, may appoint Assistant General Counsels. The General Counsel shall have significant experience with cable regulation matters.

(d-1) There shall be established within the Office a:

(1) Cable Television Division that shall oversee matters related to the regulation of the cable television industry; and

(2) Film, Music, and Entertainment Development Division to support the development of an entertainment industry in the District.

(d-2) The Director may establish other offices and divisions as the Director determines are in the interest of the Office and the purposes of this subchapter.

(e) The Director may appoint a Director of Programming, or an equivalent position, to be the station manager of the government channels.

§ 34–1252.02. Powers and responsibilities of the Office of Cable Television, Film, Music, and Entertainment.

In addition to the general authority of the Office set forth in § 34-1252.01(a), the Office shall have the powers and responsibilities to:

(1) Promulgate rules or regulations to administer or enforce this chapter;

(2) Issue guidelines, instructions, application forms, and other documents that are necessary or useful to the administration or enforcement of this chapter;

(3) Prescribe fees in accordance with this chapter;

(4) Receive and review applications to provide cable service in the District;

(5) Negotiate, on behalf of the District, franchise agreements and other agreements necessary for the implementation of this chapter;

(6) Draft and adopt a model franchise agreement, which shall be updated as needed to reflect changes in cable law, technology, standards and changes in the cable-related needs and interests of the District;

(7) Monitor and enforce cable operator compliance with the provisions of this chapter, regulations promulgated pursuant to this chapter, franchise agreements, and any other agreements entered into with the District pursuant to this chapter or pursuant to a franchise agreement;

(8) Coordinate, manage, and oversee the use of, and the programming on, all government channels;

(8A) Negotiate use or license agreements, with or without monetary considerations, for the use of production studios, facilities, and equipment owned or controlled by the Office; provided, the Office shall:

(A) Require users of the studios, facilities, or equipment to maintain comprehensive insurance for the duration of the use and include the Office as an additional insured; and

(B) Implement an overall fee structure that compensates the Office for any additional costs the Office occurs in implementing the use program;

(9) Make reasonable requests of a cable operator in furtherance of this chapter, any regulations promulgated pursuant to this chapter, or the general public interest in cable service and cable systems;

(10) Establish reasonable conditions and restrictions on cable operators necessary or useful to protect and promote the public interest in cable television or to protect the public health, safety, or welfare;

(11) Intervene in, and resolve, disagreements between cable operators and subscribers or other lawful users of cable service;

(12) Ensure that cable operators provide uniform, nondiscriminatory access to their cable system and cable services;

(13) Ensure that the District maintains an environment conducive to the competitive operation of multiple cable operators;

(14) Educate the public on the benefits and uses of cable television;

(15) Conduct periodic evaluations of the cable system to ensure compliance with this chapter and with regulations promulgated pursuant to this chapter, or to ensure the public health, safety, or welfare;

(16) Solicit and accept funds from private, nonprofit, and government entities to underwrite specifically designated programming on government channels; provided, that the Office shall first establish policies to preclude commercialization on behalf of the underwriter or grantors, the broadcasting of comparative product descriptions, claims of product performances or superiority, price information, or any control over programming content by the grantor or the underwriter; provided further, that the solicitation and acceptance of funds shall be conducted in accordance with Mayor’s Order 2002-2, issued January 11, 2002 (49 DCR 900), or its successors;

(17) Repealed.

(18) Allocate and assign public, educational, and government channels and negotiate and enter into operating agreements for the use of the channels, subject to the provisions set forth in § 34-1253.02 and part H of this subchapter;

(19) Recommend to the Council amendments to this chapter, a franchise agreement, or any other agreements related to cable service or a cable system;

(20) Submit an annual report to the Council which shall include an account of franchise agreement fees received and distributed, a review of any plans submitted during the year by the cable operator for development of new services, and a report on cable operator compliance with this chapter, regulations, and any franchise agreement; and

(21) Establish written formal, collaborative arrangements (sometimes called partnerships) with private and nonprofit entities to implement the purposes of this subchapter.

(Aug. 21, 1982, D.C. Law 4-142, § 202; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334; Mar. 17, 2005, D.C. Law 15-241, § 2, 51 DCR 11227; May 2, 2015, D.C. Law 20-271, § 262(b), 62 DCR 1884; Oct. 22, 2015, D.C. Law 21-36, § 2072(e), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 2052(b), 63 DCR 10775.)

Section References

This section is referenced in § 34-1258.03.

Effect of Amendments

D.C. Law 15-241 added par. (8A).

The 2015 amendment by D.C. Law 20-271 repealed (17).

The 2015 amendment by D.C. Law 21-36 rewrote the section heading.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 262(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 262(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 2072(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Mayor's Orders

Policy for the Production of Video Programming by District Government Agencies, see Mayor’s Order 2005-162, October 24, 2005 ( 53 DCR 337).

§ 34–1252.03. OCTFME Special Account.

(a) There is hereby established within the General Fund of the District, a OCTFME Special Account, to which shall be credited all revenues owed and accruing to the District from the establishment, regulation, and operation of the industries under this subchapter. The OCTFME Special Account shall be nonlapsing. Revenues deposited into the special account shall not revert to the General Fund at the end of any fiscal year or at any other time. All special account deposits shall be secured in a manner consistent with deposits of revenues by the District.

(b) Revenues deposited into the special account shall be continually available to the Office for the uses and purposes set forth in this chapter, subject to authorization in an appropriations chapter.

(d) Deposits into the special account shall include:

(1) Fees and penalties collected pursuant to this chapter, to regulations promulgated pursuant to this chapter, or to a franchise agreement, including franchise fees, application fees, and transfer fees;

(2) Collections by the District on indemnities, insurance, and bonds pursuant to this chapter, to regulations promulgated pursuant to this chapter, or to a franchise agreement;

(3) PEG funding provided by a cable operator pursuant to a cable franchise agreement, which shall be used exclusively for PEG purposes;

(3A) Fees derived from film permits applied for or issued pursuant to § 2-1204.11d;

(4) Other payments authorized by this chapter, by regulations promulgated under this chapter, or by an agreement entered into under the authority of this chapter; and

(5) All interest earned on all deposits.

§ 34–1252.04. Outdoor performances. [Not Funded]

Not Funded.