Sec. 16-331a. Community access programming and operations.
Sec. 16-331a. Community access programming and operations. (a) As used in
this section, "multichannel video programming distributor" means a multichannel video
programming distributor, as defined in 47 CFR 76.1300, as from time to time amended,
and includes an owner of an open video system, as defined in 47 CFR 76.1500, as from
time to time amended.
(b) Each company or organization selected pursuant to subsection (c) of this section,
in consultation with the franchise's advisory council, shall provide facilities, equipment,
and technical and managerial support to enable the production of meaningful community
access programming within its franchise area. Each company shall include all its community access channels in its basic service package. Each company or organization shall
annually review its rules, regulations, policies and procedures governing the provision
of community access programming. Such review shall include a period for public comment, a public meeting and consultation with the franchise's advisory council.
(c) If a community-based nonprofit organization in a franchise area desires to assume responsibility for community access operations, it shall, upon timely petition to
the department, be granted intervenor status in a franchise proceeding held pursuant
to this section. The department shall assign this responsibility to the most qualified
community-based nonprofit organization or the company based on the following criteria: (1) The recommendations of the advisory council and of the municipalities in the
franchise area; (2) a review of the organization's or the company's performance in
providing community access programming; (3) the operating plan submitted by the
organization and the company for providing community access programming; (4) the
experience in community access programming of the organization; (5) the organization's and the company's proposed budget, including expenses for salaries, consultants,
attorneys, and other professionals; (6) the quality and quantity of the programming to
be created, promoted or facilitated by the organization or the company; (7) a review of
the organization's procedures to ensure compliance with federal and state law, including
the regulations of Connecticut state agencies; and (8) any other criteria determined to
be relevant by the department. If the department selects an organization to provide
community access operations, the company shall provide financial and technical support
to the organization in an amount to be determined by the department. On petition of the
Office of Consumer Counsel or the franchise's advisory council or on its own motion,
the department shall hold a hearing, with notice, on the ability of the organization to
continue its responsibility for community access operations. In its decision following
such a hearing, the department may reassign the responsibility for community access
operations to another organization or the company in accordance with the provisions
of this subsection.
(d) Each company or organization shall conduct outreach programs and promote
its community access services. Such outreach and promotion may include, but not be
limited to (1) broadcasting cross-channel video announcements, (2) distributing information throughout the franchise area and not solely to its subscribers, (3) including
community access information in its regular marketing publications, (4) broadcasting
character-generated text messages or video announcements on barker or access channels, (5) making speaking engagements, (6) holding open receptions at its community
access facilities, and (7) in multitown franchise areas, encouraging the formation and
development of local community access studios operated by volunteers or nonprofit
operating groups.
(e) Each company or organization shall adopt for its community access programming a scheduling policy which encourages programming diversity. Said scheduling
policy shall include (1) limiting a program, except instructional access and governmental
access programming, to thirteen weeks in any one time slot when a producer of another
program requests the same time slot, (2) procedures for resolving program scheduling
conflicts, and (3) other measures which the company or organization deems appropriate.
A company or organization may consider the availability of a substantially similar time
slot when making community access programming scheduling decisions.
(f) In the case of any initial, transfer or renewal franchise proceeding held on or
after October 1, 1990, the department may, on its own initiative, in the first six months
of the second, fifth, eighth and eleventh years of the franchise term, review and evaluate
the company's or the organization's provision of community access programming. The
department shall conduct such review or evaluation in any such proceeding held on or
after October 1, 1990, if the Consumer Counsel or any interested party petitions the
department for such a review during the first six months of the review year. During any
such review year, if an organization desires to provide community access operations it
shall petition the department and the department shall follow the procedures and standards described in subsection (c) of this section in determining whether to assign to
the organization the responsibility to provide such operations. No community access
programming produced using the facilities or staff of an organization or company providing community access operations shall be utilized for commercial purposes without
express prior written agreement between the producer of such programming and the
organization or company providing community access operations the facilities or staff
of which were used in the production of the programming. Such an agreement may
include, without limitation, a provision regarding the producer and the company or
organization sharing any profit realized from such programming so utilized. An organization providing community access operations shall consult with the company in the
franchise area prior to making such an agreement.
(g) No organization or company providing community access operations shall exercise editorial control over such programming, except as to programming that is obscene
and except as otherwise allowed by applicable state and federal law. This subsection
shall not be construed to prohibit such organization or company from limiting the hours
during which adult programs may be aired. Such organization or company may consult
with the advisory council in determining what constitutes an adult program for purposes
of this subsection.
(h) Upon the request of the Office of Consumer Counsel or the franchise's advisory
council, and for good cause shown the department shall require an organization responsible for community access operations to have an independent audit conducted at the
expense of the organization. For purposes of this subsection, "good cause" may include,
but not be limited to, the failure or refusal of such organization (1) to account for and
reimburse the community access programming budget for its commercial use of community access programming facilities, equipment or staff, or for the allocation of such
facilities, equipment or staff to functions not directly related to the community access
operations of the franchise, (2) to carry over unexpended community access programming budget accounts at the end of each fiscal year, (3) to properly maintain community
access programming facilities or equipment in good repair, or (4) to plan for the replacement of community access programming equipment made obsolete by technological
advances. In response to any such request, the department shall state, in writing, the
reasons for its determination.
(i) Each company and nonprofit organization providing community access operations shall report annually to the department on or before February fifteenth. The department shall adopt regulations, in accordance with the provisions of chapter 54, to specify
the information which shall be required in such report. Such information shall be necessary for the department to carry out the provisions of this section.
(j) The advisory council shall review all community access programming of a company or organization within the franchise area which programming has been the subject
of a complaint.
(k) The department shall establish the amount that the company or organization
responsible for community access operations shall receive for such operations from
subscribers and from multichannel video programming distributors. The amount shall
be five dollars per subscriber per year, adjusted annually by a percentage reflecting the
increase or decrease of the consumer price index for the preceding calendar year, provided the department may increase or decrease the amount by not more than forty per cent
of said amount for the subscribers and all multichannel video programming distributors
within a franchise area after considering (1) the criteria set forth in subsection (c) of
this section, (2) the level of public interest in community access operations in the franchise area, (3) the level of community need for educational access programming, (4)
the level and breadth of participation in community access operations, (5) the adequacy
of existing facilities, equipment and training programs to meet the current and future
needs of the franchise area, and (6) any other factors determined to be relevant by the
department. Prior to increasing or decreasing said amount, the department shall give
notice and opportunity for a hearing to the company or multichannel video programming
distributor and, where applicable, the organization responsible for community access
programming. The amount shall be assessed once each year for each end user premises
connected to an open video system, irrespective of the number of multichannel video
programming distributors providing programming over the open video system. When
the department issues, transfers or renews a certificate of public convenience and necessity to operate a community antenna television system, the department shall include in
the franchise agreement the amount that the company or organization responsible for
community access operations shall receive for such operations from subscribers. The
department shall conduct a proceeding to establish the amount that the company or
organization responsible for community access operations shall receive for such operations from multichannel video programming distributors and the method of payment of
said amount. The department shall adopt regulations in accordance with chapter 54 to
implement the provisions of this subsection.
(l) An organization assigned responsibility for community access operations which
organization ceases to provide such operations shall transfer its assets to the successor
organization assigned such responsibility or, if no successor organization is assigned
such responsibility, to another nonprofit organization within the franchise area selected
by the department.
(m) On petition or its own motion, the department shall determine whether a franchise area is subject to effective competition, as defined in 47 USC 543, as from time
to time amended. Upon a determination that a franchise area is subject to effective
competition, the provisions of this section shall apply to multichannel video programming distributors operating in the franchise area, provided (1) where multichannel video
programming distributors provide programming over a single open video system, the
provisions of this section shall apply jointly and not separately to all such distributors
providing programming on the same open video system, and (2) the provisions of subsection (k) of this section shall apply to multichannel video programming distributors
whether or not such distributors operate in a franchise area subject to such effective
competition.
(n) No community antenna television company or nonprofit organization providing
community access operations shall refuse to engage in good faith negotiation regarding
interconnection of such operations with other community antenna television companies
serving the same area. No school or facility owned or leased by a municipal government
that possesses community access operations equipment shall unreasonably deny interconnection with or the use of such equipment to any such company or nonprofit organization. At the request of such a company or nonprofit organization providing community
access operations, the department may facilitate the negotiation between such company
or organization and any other community antenna television company regarding interconnection of community access operations.
(o) Each company or organization shall consult with its advisory council in the
formation of a community access programming policy, the adoption of the community
access programming budget and the allocation of capital equipment and community
access programming resources.
(P.A. 87-580, S. 3, 4; P.A. 95-150, S. 2; P.A. 96-201; P.A. 98-121, S. 4; P.A. 07-253, S. 39-41.)
History: P.A. 95-150 replaced previous provision re moratorium on transfer of certificates for community antenna
television systems prior to June 1, 1988, with new Subsecs. (a) to (m) re community access programming and operations;
P.A. 96-201 amended Subsec. (g) to add the exception for "programming that is obscene" and to add language re adult
programming; P.A. 98-121 amended Subsecs. (a), (k) and (m) by changing references to video dialtone platforms or
networks to open video systems, amended Subsec. (b) by requiring companies to include all community access channels
in its basic service package, amended Subsec. (f) by adding "eleventh", amended Subsec. (i) by deleting list of information
that must be in report and by requiring department to adopt regulations to specify such information and added new Subsec.
(n) re interconnection of community access operations; P.A. 07-253 added Subsec. (d)(7) re multitown franchise areas,
amended Subsec. (h) to define "good cause" and to require department to put reasons for its determination in writing if
requested to do so and added Subsec. (o) re formation of community access programming policy, programming budget
and allocation of equipment and resources.