To grant a renewal of an open video system franchise to Starpower Communications, LLC, and approve an open video system franchise agreement between the District of Columbia and Starpower Communications, LLC.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Approval of the Starpower Communications Open Video System Franchise Act of 2018".
Note § 34-1254.07
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) "Cable Act" means 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.).
(2) "Franchise" means a 10-year, non-exclusive open video system franchise renewal with an option to extend the term for an additional 5 years.
(3) "Franchise agreement" means the renewal open video franchise agreement between the District and RCN approved under section 3.
(4) "RCN" means Starpower Communications, LLC.
Sec. 3. Grant of franchise and approval of franchise agreement.
(a)(1) Pursuant to the Cable Act, the application of RCN for renewal of its open video system franchise is approved and RCN is granted a franchise to provide cable services in the District.
(2) Except as provided in section 4, the franchise shall be subject to the provisions of the Cable Act and the terms and conditions of the franchise agreement approved by subsection (b) of this section.
(b) The Council approves the proposed open video system franchise agreement between the District and RCN transmitted to the Council by the Mayor on September 17, 2018.
Sec. 4. 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 401(d)(4) (D.C. Official Code § 34-1254.01(d)(4));
(2) Section 405(a)(3), (6), and (8) through (11), (b), and (c) (D.C. Official Code § 34-1254.05(a)(3), (6), and (8) through (11), (b), and (c));
(3) Section 407(e)(1) (D.C. Official Code § 34-1254.07(e)(1));
(4) Section 408(k) (D.C. Official Code § 34-1254.08(k));
(5) Section 501 (D.C. Official Code § 34-1255.01);
(6) Section 502 (D.C. Official Code § 34-1255.02);
(7) Section 601(d) (D.C. Official Code § 34-1256.01(d));
(8) Section 602 (D.C. Official Code § 34-1256.02);
(9) Section 603(a) (D.C. Official Code § 34-1256.03(a));
(10) Section 706 (D.C. Official Code § 34-1257.06);
(11) Section 801 (D.C. Official Code § 34-1258.01);
(12) Section 802(d) (D.C. Official Code § 34-1258.02(d));
(13) Section 803 (D.C. Official Code § 34-1258.03);
(14) Section 1203 (D.C. Official Code § 34-1262.03); and
(15) Section 1303 (D.C. Official Code § 34-1263.03).
(b) The provisions of the Cable Act 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.
Sec. 5. 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. 6. 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.