§ 34–1251.04. Applicability to open video systems.

(a) Except as otherwise provided in this subchapter, this subchapter shall apply to an open video system to the extent permitted by federal law. In applying the provisions of this subchapter to an open video system, the term “cable system” shall be construed to include an open video system.

(b) An open video system operator shall not operate in the District without first:

(1) Receiving a franchise from the Council; and

(2) Entering into:

(A) A franchise agreement pursuant to this chapter; or

(B) An open video system agreement; provided, that the open video system agreement shall contain the minimum requirements set forth in § 34-1254.05; provided further, that the open video system agreement shall be negotiated with the Office and transmitted to the Council for approval by act.

(c) In lieu of the franchise fee required by § 34-1256.01, the operator of an open video system shall pay to the District a fee of 5% of the gross revenues of the operator.

(d) Any person who provides cable service over the open video system of another person and who assesses charges to subscribers that are not received by the open video system operator shall pay a fee to the District in an amount equal to 5% of the person’s gross revenues. The operator of the open video system shall collect the fee from the person and shall remit the fee to the District. If the open video system operator fails to collect or remit the fee, the operator shall be directly liable to the District for payment of the uncollected or unremitted fee.

(e) An open video system operator shall be subject to all requirements of District law regarding the authorization to use or occupy the public rights-of-way, and the approval by the Federal Communications Commission of an open video system operator’s certification pursuant to section 653 of the federal cable act (47 U.S.C. § 573) shall not confer upon the operator any authority to use or occupy the public rights-of-way that the operator does not otherwise possess.

(f) Notwithstanding anything to the contrary, if a cable operator, its parent, affiliate, or subsidiary elects to offer to subscribers video programming services through an open video system, the cable operator shall remain subject to all the terms and conditions of a franchise granted pursuant to this chapter.