Goto Section: 76.1504 | 76.1506 | Table of Contents
FCC 76.1505
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.1505 Public, educational and governmental access.
(a) An open video system operator shall be subject to public, educational
and governmental access requirements for every cable franchise area with
which its system overlaps.
(b) An open video system operator must ensure that all subscribers receive
any public, educational and governmental access channels within the
subscribers' franchise area.
(c) An open video system operator may negotiate with the local cable
franchising authority of the jurisdiction(s) which the open video system
serves to establish the open video system operator's obligations with
respect to public, educational and governmental access channel capacity,
services, facilities and equipment. These negotiations may include the local
cable operator if the local franchising authority, the open video system
operator and the cable operator so desire.
(d) If an open video system operator and a local franchising authority are
unable to reach an agreement regarding the open video system operator's
obligations with respect to public, educational and governmental access
channel capacity, services, facilities and equipment within the local
franchising authority's jurisdiction:
(1) The open video system operator must satisfy the same public, educational
and governmental access obligations as the local cable operator by providing
the same amount of channel capacity for public, educational and governmental
access and by matching the local cable operator's annual financial
contributions towards public, educational and governmental access services,
facilities and equipment that are actually used for public, educational and
governmental access services, facilities and equipment. For in-kind
contributions (e.g., cameras, production studios), the open video system
operator may satisfy its statutory obligation by negotiating mutually
agreeable terms with the local cable operator, so that public, educational
and governmental access services to the community is improved or increased.
If such terms cannot be agreed upon, the open video system operator must pay
the local franchising authority the monetary equivalent of the local cable
operator's depreciated in-kind contribution, or, in the case of facilities,
the annual amortization value. Any matching contributions provided by the
open video system operator must be used to fund activities arising under
Section 611 of the Communications Act.
(2) The local franchising authority shall impose the same rules and
procedures on an open video system operator as it imposes on the local cable
operator with regard to the open video system operator's use of channel
capacity designated for public, educational and governmental access use when
such capacity is not being used for such purposes.
(3) The local cable operator is required to permit the open video system
operator to connect with its public, educational and governmental access
channel feeds. The open video system operator and the cable operator may
decide how to accomplish this connection, taking into consideration the
exact physical and technical circumstances of the cable and open video
systems involved. If the cable and open video system operator cannot agree
on how to accomplish the connection, the local franchising authority may
decide. The local franchising authority may require that the connection
occur on government property or on public rights of way.
(4) The costs of connection to the cable operator's public, educational and
governmental access channel feed shall be borne by the open video system
operator. Such costs shall be counted towards the open video system
operator's matching financial contributions set forth in paragraph (d)(4) of
this section.
(5) The local franchising authority may not impose public, educational and
governmental access obligations on the open video system operator that would
exceed those imposed on the local cable operator.
(6) Where there is no existing local cable operator, the open video system
operator must make a reasonable amount of channel capacity available for
public, educational and governmental use, as well as provide reasonable
support for services, facilities and equipment relating to such public,
educational and governmental use. If a franchise agreement previously
existed in that franchise area, the local franchising authority may elect
either to impose the previously existing public, educational and
governmental access obligations or determine the open video system
operator's public, educational and governmental access obligations by
comparison to the franchise agreement for the nearest operating cable system
that has a commitment to provide public, educational and governmental access
and that serves a franchise area with a similar population size. The local
franchising authority shall be permitted to make a similar election every 15
years thereafter. Absent a previous franchise agreement, the open video
system operator shall be required to provide channel capacity, services,
facilities and equipment relating to public, educational and governmental
access equivalent to that prescribed in the franchise agreement(s) for the
nearest operating cable system with a commitment to provide public,
educational and governmental access and that serves a franchise area with a
similar population size.
Note to paragraph(d)(6): This paragraph shall apply, for example, if a cable
operator converts its cable system to an open video system under Sec. 76.1501.
(7) The open video system operator must adjust its system(s) to comply with
new public, educational and governmental access obligations imposed by a
cable franchise renewal; provided, however, that an open video system
operator will not be required to displace other programmers using its open
video system to accommodate public, educational and governmental access
channels. The open video system operator shall comply with such public,
educational and governmental access obligations whenever additional capacity
is or becomes available, whether it is due to increased channel capacity or
decreased demand for channel capacity.
(8) The open video system operator and/or the local franchising authority
may file a complaint with the Commission, pursuant to our dispute resolution
procedures set forth in Sec. 76.1514, if the open video system operator and the
local franchising authority cannot agree as to the application of the
Commission's rules regarding the open video system operator's public,
educational and governmental access obligations under paragraph (d) of this
section.
(e) If an open video system operator maintains an institutional network, as
defined in Section 611(f) of the Communications Act, the local franchising
authority may require that educational and governmental access channels be
designated on that institutional network to the extent such channels are
designated on the institutional network of the local cable operator.
(f) An open video system operator shall not exercise any editorial control
over any public, educational, or governmental use of channel capacity
provided pursuant to this subsection, provided, however, that any open video
system operator may prohibit the use on its system of any channel capacity
of any public, educational, or governmental facility for any programming
which contains nudity, obscene material, indecent material as defined in
Sec. 76.701(g), or material soliciting or promoting unlawful conduct. For
purposes of this section, “material soliciting or promoting unlawful
conduct” shall mean material that is otherwise proscribed by law. An open
video system operator may require any access user, or access manager or
administrator agreeing to assume the responsibility of certifying, to
certify that its programming does not contain any of the materials described
above and that reasonable efforts will be used to ensure that live
programming does not contain such material.
[ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43176 , Aug. 21, 1996]
Effective Date Note: At 61 FR 43176 , Aug. 21, 1996, in Sec. 76.1505,
paragraphs (d)(1), (4), (6), and (8) were revised. These paragraphs contain
information collection and recordkeeping requirements and will not become
effective until approval has been given by the Office of Management and
Budget.
Goto Section: 76.1504 | 76.1506
Goto Year: 2007 |
2009
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