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The DC Code: § 34-1213.01 Grant of franchises. [Repealed]

Index34 Public Utilities. (Refs & Annos)

Historical and Statutory

Prior Codifications 1981 Ed., § 43-1813.1. Emergency Act Amendments For temporary (90 day) amendment of section, see §§ 2 and 3 of Comcast Cable Franchise One-Month Extension Emergency Act of 2002 (D.C. Act 14-382, June 10, 2002, 49 DCR 5698). For temporary (90 day) repeal of section, see § 3 of Cable Television Reform Emergency Amendment Act of 2002 (D.C. Act 14-409, July 15, 2002, 49 DCR 7280). Legislative History of Laws For legislative history of D.C. Law 4-142, see Historical and Statutory Notes following § 34-1201. For legislative history of D.C. Law 5-36, see Historical and Statutory Notes following § 34-1202.01. For legislative history of D.C. Law 11-210, see Historical and Statutory Notes following § 34-1202. For Law 14-193, see notes following § 34-1201. Miscellaneous Notes District of Columbia cable television franchise award: D.C. Law 5-163, the "District of Columbia Cable Television Franchise Award Act of 1984," granted to District Cablevision, Inc., a revocable franchise for a 15-year period for the authority, right, and privilege to construct, reconstruct, operate, and maintain a cable television system within the District of Columbia. The act provided as follows: The Council of the District of Columbia finds that: (a) Pursuant to the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 4-142; D.C. Code, sec. 34-1201 et seq.), the Council of the District of Columbia ("Council") is authorized to grant by act 1 or more revocable franchises for the right to construct and operate a cable television system within the public ways of specified areas of the District of Columbia. (b) Pursuant to an evaluation and selection process established by the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 4- 142; D.C. Code, sec. 34-1201 et seq.), and pursuant to the Negotiation of the Final Terms of a Proposed Agreement for the Award of a Cable Television Franchise for the District of Columbia Designation Resolution of 1984, effective July 10, 1984 (Res. 5-788; 31 DCR 3673), District Cablevision, Inc., ("Grantee") has been determined to be the cable television franchise applicant which will best serve the public interest in the delivery of cable television service to the citizens of the District of Columbia. (c) Pursuant to the Negotiation of the Final Terms of a Proposed Agreement for the Award of a Cable Television Franchise for the District of Columbia Designation Resolution of 1984, effective July 10, 1984 (Res. 5-788; 31 DCR 3673), the Council directed that negotiations be undertaken with the Grantee by a city negotiating team for the purpose of finalizing the terms of a proposed franchise agreement, subject to Council approval. (d) The city negotiating team has completed its mandate and has successfully negotiated the final terms of a proposed franchise agreement with the Grantee, the terms of which have been reviewed by the Council and are approved. Sec. 3. Grant of the Franchise. Pursuant to Section 14a(a) of the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 4-142; D.C. Code, sec. 34-1213.01(a)), District Cablevision, Inc., a corporation with its principal place of business located within the District of Columbia, is granted of itself, its successors, and assigns a revocable right to construct, reconstruct, operate, and maintain for a 15-year period from the effective date of this act, a cable television system within the entirety of the District of Columbia, subject to the terms, conditions, and requirements specified in the Franchise Agreement ("Agreement") and the laws and regulations of the District of Columbia and the United States applicable to cable television franchises, facilities, and services. Sec. 4. Terms of the Franchise. (a) The Grantee shall, in accepting this franchise, meet all terms and conditions of the law of the District of Columbia and the United States applicable to cable television franchises, facilities, and services. (b) The Agreement (and exhibits A through H thereof) appended to this act specifying terms and conditions accompanying this grant of a franchise is incorporated by reference and made a part of this franchise grant. The Grantee shall abide in and shall meet all terms and conditions of the Agreement for the entire duration of the franchise term. Any amendment or modification of the Agreement, except to the extent otherwise provided in the Agreement, shall be accomplished by act of the Council. (c) The terms, conditions, and provisions of the Agreement shall remain in full force and effect notwithstanding any inconsistency or repugnancy with terms, conditions, and provisions of the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 4-142; D.C. Code, sec. 34-1201 et seq.), in effect prior to this act. Any term, condition, or provision of the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 4-142; D.C. Code, sec. 34-1201 et seq.), in effect prior to this act which is inconsistent or repugnant with a term, condition, or provision of the Agreement shall be deemed repealed by this act to the extent of its inconsistency or repugnancy with the Agreement. (d) Termination, revocation, and suspension of the franchise shall lie as provided by law and the Agreement. The rights granted by this act shall automatically expire as provided in the Agreement for failure by the Grantee to meet any condition specified in section 3.12.01 of the Agreement. The District of Columbia Office of Cable Television ("Office") shall give the Council notice of a failure by the Grantee to meet any condition specified under section 3.12.01 of the Agreement within 3 days of the failure, and shall publish the notice in the District of Columbia Register. Expiration of franchise rights for failure to meet a condition of section 3.12.01 of the Agreement shall be automatically effective upon the publication of notice by the Office in the District of Columbia Register that the Grantee's rights are terminated by reason of Grantee failure to meet a condition of section 3.12.01 of the Agreement. (e) The Agreement appended to this act shall be executed by the Grantee before the effective date of this act. All rights and privileges granted pursuant to this act shall automatically terminate upon the failure by the Grantee to execute the Agreement by the time specified in this subsection. Modification of Cable Television Franchise Agreement: D.C. Law 6-59, effective November 19, 1985, as amended by § 11 of D.C. Law 6-192, effective February 24, 1987, enacted the Cable Television Franchise Agreement Modification Act of 1985, and D.C. Law 7-93, effective March 16, 1988, enacted the Cable Television Communications Act of 1981 Amendment Act of 1987, to amend the District of Columbia Cable Television Franchise Award Act of 1984, the Cable Television Communications Act of 1981, and the Cable Television Franchise Agreement between District Cablevision, Inc., and the District of Columbia to modify certain terms, conditions and requirements of the District of Columbia Cable Television Franchise. Negotiation of final terms of proposed agreement for award of cable TV franchise: Pursuant to Resolution 5-788, the "Negotiation of the Final Terms of a Proposed Agreement for the Award of a Cable Television Franchise for the District of Columbia Designation Resolution of 1984," effective July 10, 1984, the Council found that District Cable Television, Inc., was the applicant which would best serve the public interest and whose construction, technical and financial plans, and arrangements were both feasible and adequate to fulfill the conditions and requirements of law. Approval of amended limited partnership agreement: Pursuant to Resolution 6- 624, the "Cable Television Franchise Limited Partnership Review and Approval Resolution of 1986," effective April 15, 1986, the Council approved the amended and restated partnership between District Cablevision, Inc. and Tele-Communications, Inc., to be known as District Cablevision Limited Partnership. Sections 2 and 3 of D.C. Law 14-49, 48 DCR 7936, provided: "Sec. 2. Definitions. "For the purposes of this act, the term: "(1) 'Cable Act' means the Cable Television Communications Act of 1981, effective August 21, 1982 (D.C. Law 4-142; D.C. Official Code § 34-1201 et seq.). "(2) 'Franchise' means the non-exclusive right to construct, reconstruct, operate, and maintain a cable television system in the District of Columbia granted by the District of Columbia Cable Television Franchise Award Act of 1984, effective March 14, 1985 (D.C. Law 5-163; D.C. Official Code § 34- 1213.01 note). "(3) 'Franchise Agreement' means the cable franchise agreement entered into by and between the District of Columbia and District Cablevision Limited Partnership, as amended, approved by the District of Columbia Cable Television Franchise Award Act of 1984, effective March 14, 1985 (D.C. Law 5-163; D.C. Official Code § 34-1213.1 note). "(4) 'Franchise Extension Agreement' means the agreement between the District of Columbia and Comcast Cablevision of the District, L.L.C., approved by the Approval of the Extension of the Term of District Cablevision Limited Partnership's Franchise Act of 2000, effective September 16, 2000 (D.C. Law 13- 153; 47 DCR 4976), setting forth the terms and conditions regarding the Franchise extension. "Sec. 3. Approval. "In accordance with the Cable Act, the Council grants an extension of the Franchise, the Franchise Agreement, and the Franchise Extension Agreement until March 14, 2002." Legislative History of Laws Law 14-49, the "Approval of the Extension of the Term of the Franchise of Comcast Cablevision Act of 2001", was introduced in Council and assigned Bill No. 14-116, which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on June 26, 2001 and July 10, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act no. 14-127 and transmitted to both Houses of Congress for its review. D.C. Law 14-49 became effective on October 26, 2001. DC CODE 34-1213.01 Current through December 11, 2012

Credits

(Aug. 21, 1982, D.C. Law 4-142, § 14a, as added Oct. 22, 1983, D.C. Law 5-36, § 2(t), 30 DCR 4289; Apr. 9, 1997, D.C. Law 11-210, § 2(l), 43 DCR 4702; Oct. 9, 2002, D.C. Law 14-193, § 3, 49 DCR 7334.)