1983-07-20 Public Hearings and Regular Meeting

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Page 7 609(a)(1). Consequently, cable operators are unlikely to use section 613(d)(1) to avoid contractual obligations unless the consent of the franchising authority is obtained and appropriate revisions made in the franchise agreement. In most cases, cable operators are likely to seek consent of the franchising authority and modification of the franchise agreement in order to ensure that removal of a particular service cannot be construed as a breach of the franchise agreement during the franchi-se renewal process. Program content control. Section control of program content. Under franchise agreement may prohibit o provision of obscene programming o child pornography which is not Constitution. FACILITIES 607(f) prohibits government section 607(h), however, a r impose restrictions on the r other programming such as protected speech under the Existing franchises. Any provision of an existing franchise agreement or a franchise agreement resulting from an RFP issued prior to October 1, 1982 which requires the provision of particu- lar facilities (e.g., institutional and subscriber networks of a particular capacity, studios) or cable -related equipment (e.g., cameras, vans) is 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 facility requirements are grandfathered by section 613(f)), a city may mandate the provision of particular facili- ties, including subscriber and institutional networks of a mini- mum capacity, studios, cameras, and vans, in the RFP both during initial franchising and refranchising (Sec. 613(b)(2)). Significant change in circumstances. Under section 613(d)(2), a city is required to enter into negotiations with the cable opera- tor for the purpose of modifying or altering franchise require- ments mandating the provision of particular facilities whenever the cable operator shows that: (1) there has been a significant change in circumstances; and (2) as a result of this change in circumstances, the provision of particular facilities is imprac- ticable for technical, economic or other reasons. If the parties are not able to reach agreement on appropriate changes in the franchise agreement within 45 days, the matter must be submitted to arbitration. The purpose of this provision, according to floor debate, is to establish procedures for the review of facility commitments and the provision is intended to be utilized only in limited circumstances. u 0