Section 15-3004. OWNER'S RESPONSE TO NOTICE OF INTENT TO INSTALL CABLE FACILITIES  


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    3004.1Within fifteen (15) days after serving the notice required by §3003, the owner or authorized agent of the property shall serve, by hand, or certified mail, on the cable television operator a written statement, on a form prepared by the cable operator, agreeing or disagreeing with the plan for installation described in the notice.

     

    3004.2If, within forty-five (45) days after serving the notice required by §3003, the cable television operator and the owner are unable to reach an agreement on the terms and conditions for the installation of cable facilities and equipment, the cable television operator may apply to the Office for approval to install its cable television facilities. The application shall contain the following information:

     

    (a)A copy of the notice of intent to install sent to the owner or authorized agent of the property;

     

    (b)A specific description of the proposed method of installation;

     

    (c)A summary of the conditions being required for the installation of cable facilities; and

     

    (d)A brief description of the areas of dispute with the owner regarding the installation of cable facilities.

     

    3004.3The cable operator shall serve, by hand or certified mail, a copy of the application on the owner or authorized agent of the property. Service of the application shall include a written statement informing the owner or his or her agent of the owner's obligation to file, within fifteen (15) days of service of the application, a response with the Office.

     

    3004.4Any response filed by the owner shall contain a statement of the manner in which the conditions required by the owner regarding the installation of cable facilities are necessary to protect the safety, functioning and appearance of the property and the convenience and well-being of the tenants.

     

    3004.5After receiving the cable television operator's application and the owner's response, the Director shall attempt to mediate the dispute. The Director may require the submission of additional information by either the cable television operator or the owner.

     

    3004.6If mediation efforts fail, the Director shall, based upon the information submitted, approve or disapprove the application, schedule a hearing, or direct such other procedures to facilitate the installation of cable television facilities and equipment consistent with D.C. Code § 43-1844.1 (1981 Ed.).

     

    3004.7Installation of cable facilities and equipment shall not be permitted until all issues related to reasonable conditions are either agreed upon between the owner and the cable operator or installation is approved by the Office in accord with §§ 3004.5-3004.6.

     

    3004.8All executed access agreements shall be filed with the Office.

     

source

Final Rulemaking published at 35 DCR 7175, 7179 (September 30, 1988).