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| 3 | 3 | | LCO No. 1642 1 of 8 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 176 |
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| 6 | 6 | | February Session, 2020 |
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| 7 | 7 | | LCO No. 1642 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on ENERGY AND TECHNOLOGY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (ET) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING ES TABLISHMENT OF A FEE PAID BY |
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| 20 | 20 | | MULTICHANNEL VIDEO P ROGRAMMING DISTRIBUTORS TO |
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| 21 | 21 | | COMPANIES OR ORGANIZ ATIONS RESPONSIBLE F OR COMMUNITY |
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| 22 | 22 | | ACCESS PROGRAMMING. |
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| 23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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| 24 | 24 | | Assembly convened: |
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| 25 | 25 | | |
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| 26 | 26 | | Section 1. Section 16-331a of the general statutes is repealed and the 1 |
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| 27 | 27 | | following is substituted in lieu thereof (Effective from passage): 2 |
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| 28 | 28 | | (a) As used in this section: [,] 3 |
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| 29 | 29 | | (1) ["multichannel video programming distributor"] "Multichannel 4 |
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| 30 | 30 | | video programming distributor" means a multichannel video 5 |
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| 31 | 31 | | programming distributor, as defined in 47 CFR 76.1300, as from time to 6 |
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| 32 | 32 | | time amended, and includes an owner of an open video system, as 7 |
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| 33 | 33 | | defined in 47 CFR 76.1500, as from time to time amended; 8 |
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| 34 | 34 | | (2) "Subscriber" means any residential or commercial customer who 9 |
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| 35 | 35 | | purchases one or more of the following services (A) video streaming, (B) 10 |
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| 36 | 36 | | Internet access, or (C) cable television; and 11 |
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| 37 | 37 | | (3) "Video streaming" means the delivery of video content sent in 12 Raised Bill No. 176 |
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| 38 | 38 | | |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LCO No. 1642 2 of 8 |
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| 42 | 42 | | |
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| 43 | 43 | | compressed form over the Internet and displayed by the viewer in real 13 |
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| 44 | 44 | | time for a fee on a subscription basis. 14 |
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| 45 | 45 | | (b) Each company or organization selected pursuant to subsection (c) 15 |
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| 46 | 46 | | of this section, in consultation with the franchise's advisory council, 16 |
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| 47 | 47 | | shall provide facilities, equipment, and technical and managerial 17 |
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| 48 | 48 | | support to enable the production of meaningful community access 18 |
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| 49 | 49 | | programming within its franchise area. Each company shall include all 19 |
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| 50 | 50 | | its community access channels in its basic service package. Each 20 |
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| 51 | 51 | | company or organization shall annually review its rules, regulations, 21 |
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| 52 | 52 | | policies and procedures governing the provision of community access 22 |
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| 53 | 53 | | programming. Such review shall include a period for public comment, 23 |
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| 54 | 54 | | a public meeting and consultation with the franchise's advisory council. 24 |
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| 55 | 55 | | (c) If a community-based nonprofit organization in a franchise area 25 |
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| 56 | 56 | | desires to assume responsibility for community access operations, it 26 |
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| 57 | 57 | | shall, upon timely petition to the authority, be granted intervenor status 27 |
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| 58 | 58 | | in a franchise proceeding held pursuant to this section. The authority 28 |
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| 59 | 59 | | shall assign this responsibility to the most qualified community-based 29 |
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| 60 | 60 | | nonprofit organization or the company based on the following criteria: 30 |
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| 61 | 61 | | (1) The recommendations of the advisory council and of the 31 |
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| 62 | 62 | | municipalities in the franchise area; (2) a review of the organization's or 32 |
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| 63 | 63 | | the company's performance in providing community access 33 |
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| 64 | 64 | | programming; (3) the operating plan submitted by the organization and 34 |
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| 65 | 65 | | the company for providing community access programming; (4) the 35 |
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| 66 | 66 | | experience in community access programming of the organization; (5) 36 |
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| 67 | 67 | | the organization's and the company's proposed budget, including 37 |
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| 68 | 68 | | expenses for salaries, consultants, attorneys, and other professionals; (6) 38 |
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| 69 | 69 | | the quality and quantity of the programming to be created, promoted or 39 |
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| 70 | 70 | | facilitated by the organization or the company; (7) a review of the 40 |
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| 71 | 71 | | organization's procedures to ensure compliance with federal and state 41 |
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| 72 | 72 | | law, including the regulations of Connecticut state agencies; and (8) any 42 |
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| 73 | 73 | | other criteria determined to be relevant by the authority. If the authority 43 |
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| 74 | 74 | | selects an organization to provide community access operations, the 44 |
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| 75 | 75 | | company shall provide financial and technical support to the 45 |
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| 76 | 76 | | organization in an amount to be determined by the authority. On 46 Raised Bill No. 176 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LCO No. 1642 3 of 8 |
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| 81 | 81 | | |
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| 82 | 82 | | petition of the Office of Consumer Counsel or the franchise's advisory 47 |
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| 83 | 83 | | council or on its own motion, the authority shall hold a hearing, with 48 |
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| 84 | 84 | | notice, on the ability of the organization to continue its responsibility for 49 |
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| 85 | 85 | | community access operations. In its decision following such a hearing, 50 |
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| 86 | 86 | | the authority may reassign the responsibility for community access 51 |
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| 87 | 87 | | operations to another organization or the company in accordance with 52 |
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| 88 | 88 | | the provisions of this subsection. 53 |
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| 89 | 89 | | (d) Each company or organization shall conduct outreach programs 54 |
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| 90 | 90 | | and promote its community access services. Such outreach and 55 |
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| 91 | 91 | | promotion may include, but not be limited to (1) broadcasting cross-56 |
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| 92 | 92 | | channel video announcements, (2) distributing information throughout 57 |
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| 93 | 93 | | the franchise area and not solely to its subscribers, (3) including 58 |
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| 94 | 94 | | community access information in its regular marketing publications, (4) 59 |
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| 95 | 95 | | broadcasting character-generated text messages or video 60 |
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| 96 | 96 | | announcements on barker or access channels, (5) making speaking 61 |
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| 97 | 97 | | engagements, (6) holding open receptions at its community access 62 |
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| 98 | 98 | | facilities, and (7) in multitown franchise areas, encouraging the 63 |
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| 99 | 99 | | formation and development of local community access studios operated 64 |
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| 100 | 100 | | by volunteers or nonprofit operating groups. 65 |
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| 101 | 101 | | (e) Each company or organization shall adopt for its community 66 |
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| 102 | 102 | | access programming a scheduling policy which encourages 67 |
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| 103 | 103 | | programming diversity. Said scheduling policy shall include (1) limiting 68 |
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| 104 | 104 | | a program, except instructional access and governmental access 69 |
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| 105 | 105 | | programming, to thirteen weeks in any one time slot when a producer 70 |
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| 106 | 106 | | of another program requests the same time slot, (2) procedures for 71 |
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| 107 | 107 | | resolving program scheduling conflicts, and (3) other measures which 72 |
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| 108 | 108 | | the company or organization deems appropriate. A company or 73 |
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| 109 | 109 | | organization may consider the availability of a substantially similar time 74 |
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| 110 | 110 | | slot when making community access programming scheduling 75 |
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| 111 | 111 | | decisions. 76 |
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| 112 | 112 | | (f) In the case of any initial, transfer or renewal franchise proceeding 77 |
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| 113 | 113 | | held on or after October 1, 1990, the authority may, on its own initiative, 78 |
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| 114 | 114 | | in the first six months of the second, fifth, eighth and eleventh years of 79 Raised Bill No. 176 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LCO No. 1642 4 of 8 |
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| 119 | 119 | | |
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| 120 | 120 | | the franchise term, review and evaluate the company's or the 80 |
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| 121 | 121 | | organization's provision of community access programming. The 81 |
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| 122 | 122 | | authority shall conduct such review or evaluation in any such 82 |
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| 123 | 123 | | proceeding held on or after October 1, 1990, if the Consumer Counsel or 83 |
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| 124 | 124 | | any interested party petitions the authority for such a review during the 84 |
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| 125 | 125 | | first six months of the review year. During any such review year, if an 85 |
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| 126 | 126 | | organization desires to provide community access operations it shall 86 |
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| 127 | 127 | | petition the authority and the authority shall follow the procedures and 87 |
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| 128 | 128 | | standards described in subsection (c) of this section in determining 88 |
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| 129 | 129 | | whether to assign to the organization the responsibility to provide such 89 |
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| 130 | 130 | | operations. No community access programming produced using the 90 |
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| 131 | 131 | | facilities or staff of an organization or company providing community 91 |
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| 132 | 132 | | access operations shall be utilized for commercial purposes without 92 |
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| 133 | 133 | | express prior written agreement between the producer of such 93 |
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| 134 | 134 | | programming and the organization or company providing community 94 |
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| 135 | 135 | | access operations the facilities or staff of which were used in the 95 |
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| 136 | 136 | | production of the programming. Such an agreement may include, 96 |
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| 137 | 137 | | without limitation, a provision regarding the producer and the 97 |
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| 138 | 138 | | company or organization sharing any profit realized from such 98 |
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| 139 | 139 | | programming so utilized. An organization providing community access 99 |
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| 140 | 140 | | operations shall consult with the company in the franchise area prior to 100 |
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| 141 | 141 | | making such an agreement. 101 |
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| 142 | 142 | | (g) No organization or company providing community ac cess 102 |
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| 143 | 143 | | operations shall exercise editorial control over such programming, 103 |
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| 144 | 144 | | except as to programming that is obscene and except as otherwise 104 |
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| 145 | 145 | | allowed by applicable state and federal law. This subsection shall not be 105 |
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| 146 | 146 | | construed to prohibit such organization or company from limiting the 106 |
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| 147 | 147 | | hours during which adult programs may be aired. Such organization or 107 |
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| 148 | 148 | | company may consult with the advisory council in determining what 108 |
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| 149 | 149 | | constitutes an adult program for purposes of this subsection. 109 |
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| 150 | 150 | | (h) Upon the request of the Office of Consumer Counsel or the 110 |
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| 151 | 151 | | franchise's advisory council, and for good cause shown the authority 111 |
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| 152 | 152 | | shall require an organization responsible for community access 112 |
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| 153 | 153 | | operations to have an independent audit conducted at the expense of 113 Raised Bill No. 176 |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | LCO No. 1642 5 of 8 |
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| 158 | 158 | | |
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| 159 | 159 | | the organization. For purposes of this subsection, "good cause" may 114 |
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| 160 | 160 | | include, but not be limited to, the failure or refusal of such organization 115 |
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| 161 | 161 | | (1) to account for and reimburse the community access programming 116 |
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| 162 | 162 | | budget for its commercial use of community access programming 117 |
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| 163 | 163 | | facilities, equipment or staff, or for the allocation of such facilities, 118 |
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| 164 | 164 | | equipment or staff to functions not directly related to the community 119 |
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| 165 | 165 | | access operations of the franchise, (2) to carry over unexpended 120 |
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| 166 | 166 | | community access programming budget accounts at the end of each 121 |
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| 167 | 167 | | fiscal year, (3) to properly maintain community access programming 122 |
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| 168 | 168 | | facilities or equipment in good repair, or (4) to plan for the replacement 123 |
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| 169 | 169 | | of community access programming equipment made obsolete by 124 |
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| 170 | 170 | | technological advances. In response to any such request, the authority 125 |
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| 171 | 171 | | shall state, in writing, the reasons for its determination. 126 |
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| 172 | 172 | | (i) Each company and nonprofit organization providing community 127 |
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| 173 | 173 | | access operations shall report annually to the authority on or before 128 |
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| 174 | 174 | | February fifteenth. The authority shall adopt regulations, in accordance 129 |
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| 175 | 175 | | with the provisions of chapter 54, to specify the information which shall 130 |
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| 176 | 176 | | be required in such report. Such information shall be necessary for the 131 |
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| 177 | 177 | | authority to carry out the provisions of this section. 132 |
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| 178 | 178 | | (j) The advisory council shall review all community access 133 |
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| 179 | 179 | | programming of a company or organization within the franchise area 134 |
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| 180 | 180 | | which programming has been the subject of a complaint. 135 |
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| 181 | 181 | | (k) The authority shall establish the amount that the company or 136 |
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| 182 | 182 | | organization responsible for community access operations shall receive 137 |
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| 183 | 183 | | for such operations from subscribers and from multichannel video 138 |
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| 184 | 184 | | programming distributors. The amount shall be five dollars per 139 |
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| 185 | 185 | | subscriber per year, adjusted annually by a percentage reflecting the 140 |
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| 186 | 186 | | increase or decrease of the consumer price index for the preceding 141 |
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| 187 | 187 | | calendar year, provided the authority may increase or decrease the 142 |
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| 188 | 188 | | amount by not more than forty per cent of said amount for the 143 |
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| 189 | 189 | | subscribers and all multichannel video programming distributors 144 |
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| 190 | 190 | | within a franchise area after considering (1) the criteria set forth in 145 |
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| 191 | 191 | | subsection (c) of this section, (2) the level of public interest in community 146 Raised Bill No. 176 |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | |
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| 195 | 195 | | LCO No. 1642 6 of 8 |
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| 196 | 196 | | |
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| 197 | 197 | | access operations in the franchise area, (3) the level of community need 147 |
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| 198 | 198 | | for educational access programming, (4) the level and breadth of 148 |
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| 199 | 199 | | participation in community access operations, (5) the adequacy of 149 |
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| 200 | 200 | | existing facilities, equipment and training programs to meet the current 150 |
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| 201 | 201 | | and future needs of the franchise area, and (6) any other factors 151 |
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| 202 | 202 | | determined to be relevant by the authority. Prior to increasing or 152 |
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| 203 | 203 | | decreasing said amount, the authority shall give notice and opportunity 153 |
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| 204 | 204 | | for a hearing to the company or multichannel video programming 154 |
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| 205 | 205 | | distributor and, where applicable, the organization responsible for 155 |
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| 206 | 206 | | community access programming. The amount shall be assessed once 156 |
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| 207 | 207 | | each year for each end user premises connected to an open video 157 |
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| 208 | 208 | | system, irrespective of the number of multichannel video programming 158 |
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| 209 | 209 | | distributors providing programming over the open video system. When 159 |
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| 210 | 210 | | the authority issues, transfers or renews a certificate of public 160 |
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| 211 | 211 | | convenience and necessity to operate a community antenna television 161 |
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| 212 | 212 | | system, the authority shall include in the franchise agreement the 162 |
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| 213 | 213 | | amount that the company or organization responsible for community 163 |
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| 214 | 214 | | access operations shall receive for such operations from subscribers. The 164 |
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| 215 | 215 | | authority shall conduct a proceeding to establish the amount that the 165 |
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| 216 | 216 | | company or organization responsible for community access operations 166 |
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| 217 | 217 | | shall receive for such operations from multichannel video programming 167 |
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| 218 | 218 | | distributors and the method of payment of said amount. The authority 168 |
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| 219 | 219 | | shall adopt regulations in accordance with chapter 54 to implement the 169 |
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| 220 | 220 | | provisions of this subsection. For any subscriber of multiple services, as 170 |
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| 221 | 221 | | described in subdivision (2) of subsection (a) of this section, the 171 |
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| 222 | 222 | | company or organization responsible for community access operations 172 |
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| 223 | 223 | | shall receive only one payment from the subscriber pursuant to this 173 |
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| 224 | 224 | | subsection. 174 |
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| 225 | 225 | | (l) An organization assigned responsibility for community access 175 |
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| 226 | 226 | | operations which organization ceases to provide such operations shall 176 |
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| 227 | 227 | | transfer its assets to the successor organization assigned such 177 |
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| 228 | 228 | | responsibility or, if no successor organization is assigned such 178 |
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| 229 | 229 | | responsibility, to another nonprofit organization within the franchise 179 |
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| 230 | 230 | | area selected by the authority. 180 Raised Bill No. 176 |
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| 231 | 231 | | |
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| 232 | 232 | | |
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| 233 | 233 | | |
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| 234 | 234 | | LCO No. 1642 7 of 8 |
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| 235 | 235 | | |
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| 236 | 236 | | (m) On petition or its own motion, the authority shall determine 181 |
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| 237 | 237 | | whether a franchise area is subject to effective competition, as defined 182 |
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| 238 | 238 | | in 47 USC 543, as from time to time amended. Upon a determination 183 |
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| 239 | 239 | | that a franchise area is subject to effective competition, the provisions of 184 |
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| 240 | 240 | | this section shall apply to multichannel video programming distributors 185 |
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| 241 | 241 | | operating in the franchise area, provided (1) where multichannel video 186 |
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| 242 | 242 | | programming distributors provide programming over a single open 187 |
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| 243 | 243 | | video system, the provisions of this section shall apply jointly and not 188 |
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| 244 | 244 | | separately to all such distributors providing programming on the same 189 |
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| 245 | 245 | | open video system, and (2) the provisions of subsection (k) of this 190 |
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| 246 | 246 | | section shall apply to multichannel video programming distributors 191 |
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| 247 | 247 | | whether or not such distributors operate in a franchise area subject to 192 |
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| 248 | 248 | | such effective competition. 193 |
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| 249 | 249 | | (n) No community antenna television company or nonprofit 194 |
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| 250 | 250 | | organization providing community access operations shall refuse to 195 |
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| 251 | 251 | | engage in good faith negotiation regarding interconnection of such 196 |
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| 252 | 252 | | operations with other community antenna television companies serving 197 |
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| 253 | 253 | | the same area. No school or facility owned or leased by a municipal 198 |
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| 254 | 254 | | government that possesses community access operations equipment 199 |
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| 255 | 255 | | shall unreasonably deny interconnection with or the use of such 200 |
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| 256 | 256 | | equipment to any such company or nonprofit organization. At the 201 |
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| 257 | 257 | | request of such a company or nonprofit organization providing 202 |
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| 258 | 258 | | community access operations, the authority may facilitate the 203 |
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| 259 | 259 | | negotiation between such company or organization and any other 204 |
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| 260 | 260 | | community antenna television company regarding interconnection of 205 |
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| 261 | 261 | | community access operations. 206 |
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| 262 | 262 | | (o) Each company or organization shall consult with its advisory 207 |
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| 263 | 263 | | council in the formation of a community access programming policy, 208 |
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| 264 | 264 | | the adoption of the community access programming budget and the 209 |
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| 265 | 265 | | allocation of capital equipment and community access programming 210 |
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| 266 | 266 | | resources. 211 Raised Bill No. 176 |
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| 267 | 267 | | |
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| 268 | 268 | | |
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| 269 | 269 | | |
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| 270 | 270 | | LCO No. 1642 8 of 8 |
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| 271 | 271 | | |
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| 272 | 272 | | This act shall take effect as follows and shall amend the following |
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| 273 | 273 | | sections: |
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| 274 | 274 | | |
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| 275 | 275 | | Section 1 from passage 16-331a |
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| 276 | 276 | | |
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| 277 | 277 | | Statement of Purpose: |
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| 278 | 278 | | To (1) define "subscriber" and "video streaming", (2) require the Public |
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| 279 | 279 | | Utilities Regulatory Authority to establish a fee paid by subscribers of |
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| 280 | 280 | | video streaming, Internet access and cable television, and (3) limit the |
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| 281 | 281 | | applicable fee to one household per purchased service. |
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| 282 | 282 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 283 | 283 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 284 | 284 | | underlined.] |
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| 285 | 285 | | |
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