D.C. Law 22-230. Approval of the Comcast of the District, LLC Cable Television System Franchise Act of 2018.
AN ACT
To grant a renewal of a cable television franchise to Comcast of the District, LLC, and approve a cable television system franchise agreement between the District of Columbia and Comcast Cablevision of the District, LLC; and to amend the Cable Television Communications Act of 1981 to increase the number of days a cable operator has to submit certain documents to the Office of Cable Television, Film, Music, and Entertainment.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Approval of the Comcast of the District, LLC Cable Television System Franchise Act of 2018".
Title I. COMCAST RENEWAL APPROVAL.
Sec. 101. Definitions.
For the purposes of this title, the term:
(1) "Cable Act" means the Cable Television Communications Act of 1981, effective October 9, 2002 (D.C. Law 4-193; D.C. Official Code § 34-1251.01 et seq.).
(2) "Comcast" means Comcast of the District, LLC.
(3) "Franchise" means a 10-year, non-exclusive cable television system franchise renewal with an option to extend the term for an additional 5 years.
(4) "Franchise agreement" means the renewal franchise agreement between the District and Comcast approved in section 102.
Sec. 102. Grant of franchise and approval of franchise agreement.
(a)(1) Pursuant to the Cable Act, the application of Comcast for renewal of its cable television system franchise is approved and Comcast is granted a franchise to provide cable services in the District.
(2) Except as provided in section 103, the franchise shall be subject to the provisions of the Cable Act and the terms and conditions of the franchise agreement approved by the Council in subsection (b) of this section.
(b) The Council approves the proposed franchise agreement between the District and Comcast transmitted to the Council by the Mayor on October 26, 2018.
Sec. 103. Exemptions from the Cable Act.
(a) During the term of the franchise agreement approved by this act, the following provisions of the Cable Act shall not apply to the franchise:
(1) Section 103(2), (19), (22), and (26) (D.C. Official Code § 34-1251.03(2), (19), (22), and (26));
(2) Section 401(d)(1) and (4) (D.C. Official Code § 34-1254.01(d)(1) and (4));
(3) Section 405(a)(1), (2), (3), (6), (10), and (11), (b), and (c) (D.C. Official Code § 34-1254.05(a)(1), (2), (3), (6), (10), (11), (b) and (c));
(4) Section 407(e)(1) (D.C. Official Code § 34-1254.07(e)(1));
(5) Section 408(g) and (k) (D.C. Official Code § 34-1254.08(g) and (k));
(6) Section 501 (D.C. Official Code § 34-1255.01);
(7) Section 502 (D.C. Official Code § 34-1255.02);
(8) Subject to subsection (c) of this section, sections 503 (D.C. Official Code § 34-1255.03), 504 (D.C. Official Code § 34-1255.04), 505 (D.C. Official Code § 34-1255.05), 506 (D.C. Official Code § 34-1255.06), and 507 (D.C. Official Code § 34-1255.07);
(9) Section 601(c), (d), (e), (f), and (g) (D.C. Official Code § 34-1256.01(c), (d), (e), (f), and (g));
(10) Section 602 (D.C. Official Code § 34-1256.02);
(11) Section 603 (D.C. Official Code § 34-1256.03);
(12) Section 604 (D.C. Official Code § 34-1256.04);
(13) Section 605(c) (D.C. Official Code § 34-1256.05(c));
(14) Section 701 (D.C. Official Code § 34-1257.01);
(15) Section 703(a) and (b) (D.C. Official Code § 34-1257.03(a) and (b));
(16) Section 706 (D.C. Official Code § 34-1257.06);
(17) Section 801(a) and (b) (D.C. Official Code § 34-1258.01(a) and (b));
(18) Section 802(d) (D.C. Official Code § 34-1258.01(d));
(19) Section 803 (D.C. Official Code § 34-1258.03);
(20) Section 903(c) (D.C. Official Code § 34-1259.03(c));
(21) Section 907(a) (D.C. Official Code § 34-1259.07(a));
(22) Section 908(d) (D.C. Official Code § 34-1259.08(d));
(23) Section 909 (D.C. Official Code § 34-1259.09); and
(24) To the extent that it conflicts with the franchise agreement, Chapter 30 of Title 15 of the District of Columbia Municipal Regulations (30 DCMR § 30-1500 et seq.) ("DCMR").
(b) The provisions of the Cable Act and DCMR listed in subsection (a) of this section shall apply to any future renewal of the franchise under a future renewal franchise agreement unless exemptions are specifically granted in legislation approving the future franchise renewal agreement.
(c) The exemptions from sections 503 through 507 of the Cable Act (D.C. Official Code §§ 34-1255.03 through 34-1255.07), as listed in subsection (a)(8) of this section, shall not apply if the franchise is revoked or terminated without renewal and Comcast has no other governmental authorization from the District to use the public rights-of-way.
TITLE II. Cable Television Communications Act.
Sec. 201. Section 906 of the Cable Television Communications Act of 1981, effective October 9, 2002 (D.C. Law 4-193; D.C. Official Code § 34-1259.06), is amended as follows:
(1) Strike the number "10" and insert the number "15" in its place.
(2) Strike the word "lesser" and insert the word "greater" in its place.
TITLE III. GENERAL PROVISIONS.
Sec. 301. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 302. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
