Connecticut 2022 Regular Session

Connecticut Senate Bill SB00278 Compare Versions

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	7	+	General Assembly Substitute Bill No. 278
	8	+	February Session, 2022
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4		-	Substitute Senate Bill No. 278
	12	+	AN ACT CONCERNING FEES PAID TO COMPANIES OR
	13	+	ORGANIZATIONS RESPONSIBLE FOR COMMUNITY ACCESS
	14	+	PROGRAMMING.
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6		-	Special Act No. 22-23
7		-
8		-
9		-	AN ACT CONCERNING A STUDY OF COMMUNITY ACCESS
10		-	PROGRAMMING OPERATIONS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
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14		-	Section 1. (Effective from passage) The chairperson of the Public
15		-	Utilities Regulatory Authority shall conduct a study regarding the
16		-	operations of certified third-party nonprofit organizations responsible
17		-	for community access operations and facilities. Such study shall include,
18		-	but need not be limited to, a review of community access operations and
19		-	current funding structures for both community access organizations'
20		-	operational and capital needs. The study shall include, as a prerequisite
21		-	to any recommendations related to the funding structures of community
22		-	access organizations, an analysis and recommendations related to the
23		-	state-wide consolidation of community access operations so that any
24		-	recommended increase to the remaining community access
25		-	organizations' operational and capital budgets is at minimum net
26		-	neutral to the average funding collected from the applicable franchise
27		-	area in the fiscal years ending June 30, 2019, June 30, 2020, and June 30,
28		-	2021, to support community access organizations in the same franchise
29		-	area. In conducting the study and making associated recommendations,
30		-	the chairperson shall also consider the degree of financial support
31		-	provided by the communities served by the community access
32		-	organizations, the appropriateness of community access organization Substitute Senate Bill No. 278
	19	+	Section 1. Section 16-331a of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective from passage): 2
	21	+	(a) As used in this section: [,] 3
	22	+	(1) ["multichannel video programming distributor"] "Multichannel 4
	23	+	video programming distributor" means a multichannel video 5
	24	+	programming distributor, as defined in 47 CFR 76.1300, as from time to 6
	25	+	time amended, and includes an owner of an open video system, as 7
	26	+	defined in 47 CFR 76.1500, as from time to time amended; [.] 8
	27	+	(2) "Subscriber" means any residential or commercial customer who 9
	28	+	purchases one or more of the following services: (A) Video streaming, 10
	29	+	(B) Internet access, or (C) cable television; and 11
	30	+	(3) "Video streaming" means the delivery of video content sent in 12
	31	+	compressed form over the Internet and displayed by the viewer in real 13
	32	+	time for a fee on a subscription basis. 14
	33	+	(b) Each company or organization selected pursuant to subsection (c) 15
	34	+	of this section, in consultation with the franchise's advisory council, 16 Substitute Bill No. 278
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34		-	Special Act No. 22-23 2 of 2
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36		-	personnel's salaries, and the degree of support provided to the
37		-	community access organizations through moneys made available
38		-	pursuant to section 16-331cc of the general statutes. The chairperson of
39		-	the authority shall report the results of the study, including any
40		-	recommendations, to the joint standing committee of the General
41		-	Assembly having cognizance of matters relating to energy and
42		-	technology not later than December 15, 2023.
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	41	+	shall provide facilities, equipment, and technical and managerial 17
	42	+	support to enable the production of meaningful community access 18
	43	+	programming within its franchise area. Each company shall include all 19
	44	+	its community access channels in its basic service package. Each 20
	45	+	company or organization shall annually review its rules, regulations, 21
	46	+	policies and procedures governing the provision of community access 22
	47	+	programming. Such review shall include a period for public comment, 23
	48	+	a public meeting and consultation with the franchise's advisory council. 24
	49	+	(c) If a community-based nonprofit organization in a franchise area 25
	50	+	desires to assume responsibility for community access operations, it 26
	51	+	shall, upon timely petition to the authority, be granted intervenor status 27
	52	+	in a franchise proceeding held pursuant to this section. The authority 28
	53	+	shall assign this responsibility to the most qualified community-based 29
	54	+	nonprofit organization or the company based on the following criteria: 30
	55	+	(1) The recommendations of the advisory council and of the 31
	56	+	municipalities in the franchise area; (2) a review of the organization's or 32
	57	+	the company's performance in providing community access 33
	58	+	programming; (3) the operating plan submitted by the organization and 34
	59	+	the company for providing community access programming; (4) the 35
	60	+	experience in community access programming of the organization; (5) 36
	61	+	the organization's and the company's proposed budget, including 37
	62	+	expenses for salaries, consultants, attorneys, and other professionals; (6) 38
	63	+	the quality and quantity of the programming to be created, promoted or 39
	64	+	facilitated by the organization or the company; (7) a review of the 40
	65	+	organization's procedures to ensure compliance with federal and state 41
	66	+	law, including the regulations of Connecticut state agencies; and (8) any 42
	67	+	other criteria determined to be relevant by the authority. If the authority 43
	68	+	selects an organization to provide community access operations, the 44
	69	+	company shall provide financial and technical support to the 45
	70	+	organization in an amount to be determined by the authority. On 46
	71	+	petition of the Office of Consumer Counsel or the franchise's advisory 47
	72	+	council or on its own motion, the authority shall hold a hearing, with 48
	73	+	notice, on the ability of the organization to continue its responsibility for 49
	74	+	community access operations. In its decision following such a hearing, 50 Substitute Bill No. 278
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	81	+	the authority may reassign the responsibility for community access 51
	82	+	operations to another organization or the company in accordance with 52
	83	+	the provisions of this subsection. 53
	84	+	(d) Each company or organization shall conduct outreach programs 54
	85	+	and promote its community access services. Such outreach and 55
	86	+	promotion may include, but not be limited to (1) broadcasting cross-56
	87	+	channel video announcements, (2) distributing information throughout 57
	88	+	the franchise area and not solely to its subscribers, (3) including 58
	89	+	community access information in its regular marketing publications, (4) 59
	90	+	broadcasting character-generated text messages or video 60
	91	+	announcements on barker or access channels, (5) making speaking 61
	92	+	engagements, (6) holding open receptions at its community access 62
	93	+	facilities, and (7) in multitown franchise areas, encouraging the 63
	94	+	formation and development of local community access studios operated 64
	95	+	by volunteers or nonprofit operating groups. 65
	96	+	(e) Each company or organization shall adopt for its community 66
	97	+	access programming a s cheduling policy which encourages 67
	98	+	programming diversity. Said scheduling policy shall include (1) limiting 68
	99	+	a program, except instructional access and governmental access 69
	100	+	programming, to thirteen weeks in any one time slot when a producer 70
	101	+	of another program requests the same time slot, (2) procedures for 71
	102	+	resolving program scheduling conflicts, and (3) other measures which 72
	103	+	the company or organization deems appropriate. A company or 73
	104	+	organization may consider the availability of a substantially similar time 74
	105	+	slot when making community access programming scheduling 75
	106	+	decisions. 76
	107	+	(f) In the case of any initial, transfer or renewal franchise proceeding 77
	108	+	held on or after October 1, 1990, the authority may, on its own initiative, 78
	109	+	in the first six months of the second, fifth, eighth and eleventh years of 79
	110	+	the franchise term, review and evaluate the company's or the 80
	111	+	organization's provision of community access programming. The 81
	112	+	authority shall conduct such review or evaluation in any such 82
	113	+	proceeding held on or after October 1, 1990, if the Consumer Counsel or 83 Substitute Bill No. 278
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	120	+	any interested party petitions the authority for such a review during the 84
	121	+	first six months of the review year. During any such review year, if an 85
	122	+	organization desires to provide community access operations it shall 86
	123	+	petition the authority and the authority shall follow the procedures and 87
	124	+	standards described in subsection (c) of this section in determining 88
	125	+	whether to assign to the organization the responsibility to provide such 89
	126	+	operations. No community access programming produced using the 90
	127	+	facilities or staff of an organization or company providing community 91
	128	+	access operations shall be utilized for commercial purposes without 92
	129	+	express prior written agreement between the producer of such 93
	130	+	programming and the organization or company providing community 94
	131	+	access operations the facilities or staff of which were used in the 95
	132	+	production of the programming. Such an agreement may include, 96
	133	+	without limitation, a provision regarding the producer and the 97
	134	+	company or organization sharing any profit realized from such 98
	135	+	programming so utilized. An organization providing community access 99
	136	+	operations shall consult with the company in the franchise area prior to 100
	137	+	making such an agreement. 101
	138	+	(g) No organization or company providing community access 102
	139	+	operations shall exercise editorial control over such programming, 103
	140	+	except as to programming that is obscene and except as otherwise 104
	141	+	allowed by applicable state and federal law. This subsection shall not be 105
	142	+	construed to prohibit such organization or company from limiting the 106
	143	+	hours during which adult programs may be aired. Such organization or 107
	144	+	company may consult with the advisory council in determining what 108
	145	+	constitutes an adult program for purposes of this subsection. 109
	146	+	(h) Upon the request of the Office of Consumer Counsel or the 110
	147	+	franchise's advisory council, and for good cause shown the authority 111
	148	+	shall require an organization responsible for community access 112
	149	+	operations to have an independent audit conducted at the expense of 113
	150	+	the organization. For purposes of this subsection, "good cause" may 114
	151	+	include, but not be limited to, the failure or refusal of such organization 115
	152	+	(1) to account for and reimburse the community access programming 116 Substitute Bill No. 278
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	159	+	budget for its commercial use of community access programming 117
	160	+	facilities, equipment or staff, or for the allocation of such facilities, 118
	161	+	equipment or staff to functions not directly related to the community 119
	162	+	access operations of the franchise, (2) to carry over unexpended 120
	163	+	community access programming budget accounts at the end of each 121
	164	+	fiscal year, (3) to properly maintain community access programming 122
	165	+	facilities or equipment in good repair, or (4) to plan for the replacement 123
	166	+	of community access programming equipment made obsolete by 124
	167	+	technological advances. In response to any such request, the authority 125
	168	+	shall state, in writing, the reasons for its determination. 126
	169	+	(i) Each company and nonprofit organization providing community 127
	170	+	access operations shall report annually to the authority on or before 128
	171	+	February fifteenth. The authority shall adopt regulations, in accordance 129
	172	+	with the provisions of chapter 54, to specify the information which shall 130
	173	+	be required in such report. Such information shall be necessary for the 131
	174	+	authority to carry out the provisions of this section. 132
	175	+	(j) The advisory council shall review all community access 133
	176	+	programming of a company or organization within the franchise area 134
	177	+	which programming has been the subject of a complaint. 135
	178	+	(k) The authority shall establish the amount that the company or 136
	179	+	organization responsible for community access operations shall receive 137
	180	+	for such operations from subscribers and from multichannel video 138
	181	+	programming distributors. The amount shall be five dollars per 139
	182	+	subscriber per year, adjusted annually by a percentage reflecting the 140
	183	+	increase or decrease of the consumer price index for the preceding 141
	184	+	calendar year, provided the authority may increase or decrease the 142
	185	+	amount by not more than forty per cent of said amount for the 143
	186	+	subscribers and all multichannel video programming distributors 144
	187	+	within a franchise area after considering (1) the criteria set forth in 145
	188	+	subsection (c) of this section, (2) the level of public interest in community 146
	189	+	access operations in the franchise area, (3) the level of community need 147
	190	+	for educational access programming, (4) the level and breadth of 148
	191	+	participation in community access operations, (5) the adequacy of 149 Substitute Bill No. 278
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	198	+	existing facilities, equipment and training programs to meet the current 150
	199	+	and future needs of the franchise area, and (6) any other factors 151
	200	+	determined to be relevant by the authority. Prior to increasing or 152
	201	+	decreasing said amount, the authority shall give notice and opportunity 153
	202	+	for a hearing to the company or multichannel video programming 154
	203	+	distributor and, where applicable, the organization responsible for 155
	204	+	community access programming. The amount shall be assessed once 156
	205	+	each year for each end user premises connected to an open video 157
	206	+	system, irrespective of the number of multichannel video programming 158
	207	+	distributors providing programming over the open video system. When 159
	208	+	the authority issues, transfers or renews a certificate of public 160
	209	+	convenience and necessity to operate a community antenna television 161
	210	+	system, the authority shall include in the franchise agreement the 162
	211	+	amount that the company or organization responsible for community 163
	212	+	access operations shall receive for such operations from subscribers. The 164
	213	+	authority shall conduct a proceeding to establish the amount that the 165
	214	+	company or organization responsible for community access operations 166
	215	+	shall receive for such operations from multichannel video programming 167
	216	+	distributors and the method of payment of said amount. The authority 168
	217	+	shall adopt regulations in accordance with chapter 54 to implement the 169
	218	+	provisions of this subsection. For any subscriber of multiple services, as 170
	219	+	described in subdivision (2) of subsection (a) of this section, the 171
	220	+	company or organization responsible for community access operations 172
	221	+	shall receive only one payment from the subscriber pursuant to this 173
	222	+	subsection. 174
	223	+	(l) An organization assigned responsibility for community access 175
	224	+	operations which organization ceases to provide such operations shall 176
	225	+	transfer its assets to the successor organization assigned such 177
	226	+	responsibility or, if no successor organization is assigned such 178
	227	+	responsibility, to another nonprofit organization within the franchise 179
	228	+	area selected by the authority. 180
	229	+	(m) On petition or its own motion, the authority shall determine 181
	230	+	whether a franchise area is subject to effective competition, as defined 182 Substitute Bill No. 278
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	237	+	in 47 USC 543, as from time to time amended. Upon a determination 183
	238	+	that a franchise area is subject to effective competition, the provisions of 184
	239	+	this section shall apply to multichannel video programming distributors 185
	240	+	operating in the franchise area, provided (1) where multichannel video 186
	241	+	programming distributors provide programming over a single open 187
	242	+	video system, the provisions of this section shall apply jointly and not 188
	243	+	separately to all such distributors providing programming on the same 189
	244	+	open video system, and (2) the provisions of subsection (k) of this 190
	245	+	section shall apply to multichannel video programming distributors 191
	246	+	whether or not such distributors operate in a franchise area subject to 192
	247	+	such effective competition. 193
	248	+	(n) No community antenna television company or nonprofit 194
	249	+	organization providing community access operations shall refuse to 195
	250	+	engage in good faith negotiation regarding interconnection of such 196
	251	+	operations with other community antenna television companies serving 197
	252	+	the same area. No school or facility owned or leased by a municipal 198
	253	+	government that possesses community access operations equipment 199
	254	+	shall unreasonably deny interconnection with or the use of such 200
	255	+	equipment to any such company or nonprofit organization. At the 201
	256	+	request of such a company or nonprofit organization providing 202
	257	+	community access operations, the authority may facilitate the 203
	258	+	negotiation between such company or organization and any other 204
	259	+	community antenna television company regarding interconnection of 205
	260	+	community access operations. 206
	261	+	(o) Each company or organization shall consult with its advisory 207
	262	+	council in the formation of a community access programming policy, 208
	263	+	the adoption of the community access programming budget and the 209
	264	+	allocation of capital equipment and community access programming 210
	265	+	resources. 211
	266	+	This act shall take effect as follows and shall amend the following
	267	+	sections:
	268	+
	269	+	Section from passage 16-331a Substitute Bill No. 278
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	277	+	Statement of Legislative Commissioners:
	278	+	The bill became a substitute due to a title change.
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	281	+	ET Joint Favorable Subst. -LCO
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