1983-07-20 Public Hearings and Regular Meeting

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• • Page 4 what programming gramming, which the system. ACCESS services (other than governmental access pro - may be determined by the city) are provided over Existing franchises. Existing provisions of franchise agreements which require the set aside of channels on institutional or sub- scriber networks for public, educational, governmental, and third party leased access will remain in effect for the life of the franchise under section 613(f). In any case in which a Request for Proposals (RFP) was issued prior to October 1, 1982, whether or not later modified or replaced, access requirements susequently established in a franchise, even if that franchise is granted after the bill's date of enactment, will remain in effect for the life of the franchise. Rules and procedures for the use of these grandfathered access channels established by the franchise are also grandfathered (Sec. 613(f)). New franchises. Under any franchise granted after the date of enactment (unless the RFP was issued prior to October 1, 1982 in which case access requirements in any franchise resulting from that RFP are grandfathered), a city may require the set aside of channels on institutional or subscriber networks for public, • educational, and governmental access both during initial fran- chising and refranchising (Secs. 606(a) and 613(b)(1)). In addition, a franchising authority may request or indicate a pre- ference in the RFP for the set aside of channel capacity for third party leased access (Sec. 606(a)) and an offer to set aside channels for third party leased access may be included in the franchise agreement and enforced for the life of the franchise. Rules and procedures for the use of access channels may be estab- lished in the franchise agreement (Sec. 606(b)). Use of access channels by cable operator. Under section 606(c), a cable operator may combine access programming on a smaller number of access channels until there is sufficient demand for use of all the access channels required by the franchise for access purposes. Rules and procedures governing the combination of access programming and the use of access channels by the cable operator may be established in the franchise agreement under section 606(b). Access facilities. Under section 613(b)(2), a franchising authority may require the construction of access studios and dedicated institutional networks as well as the provision of cameras and vans in the RFP. Any requirement for the provision of access facilities in an existing franchise or any franchise resulting from an RFP issued prior to October 1, 1982 is • grandfathered for the life of the franchise (Sec. 613(f)).