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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-30. CABLE ACCESS TO RESIDENTIAL RENTAL PROPERTY |
Section 15-3006. APPLICATION BY OWNER FOR COMPENSATION
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3006.1If an owner believes he or she is entitled to compensation in excess of one dollar ($1), the owner may file an application with the Office requesting a determination of the compensation.
3006.2Applications for compensation shall be filed within sixty (60) days of receiving notice, under §3003, from the cable television operator of intent to install cable television facilities or notice of the completion of the installation of cable television facilities. There shall be no extension of the time period prescribed in this section.
3006.3Filing an application for compensation shall not delay or impair the right of the cable television operator to construct, install, maintain, or repair cable television facilities.
3006.4An application for compensation shall set forth specific facts relied on by the owner to justify compensation in excess of one dollar ($1). The application shall include, but need not be limited to, the following information:
(a)A description of the location and the amount of space to be occupied by the cable installation;
(b)The value of the property before the installation of cable facilities and equipment, and the value of the property after the installation of cable facilities;
(c)The criteria, data, or methods used to determine the values described in paragraph (b); and
(d)The amount claimed by the owner as compensation for the taking of property occasioned by the installation of cable television facilities.
3006.5The application for compensation shall be served on the cable television operator by hand-delivery or certified mail. Proof of service shall be filed with the Office.
3006.6The cable television operator shall file with the Office a response to the application within twenty-one (21) days after the date the application is served.
3006.7The Office may, upon good cause shown, permit the filing of supplemental information at any time and may, on its own initiative, direct the filing of additional information before making a determination on the issue of compensation.
3006.8After receiving the information required under this section, the Office shall determine whether the information supplied establishes a prima facie case that compensation may exceed one dollar ($1). The determination of the Office will be mailed to both the cable television operator and owner or authorized agent of the property.
3006.9Within twenty (20) days of the date of the determination of the Office, the owner or the cable operator may file a request for a hearing. The hearing shall be held in accordance with the procedures established in D.C. Code §1-1509 (1981 Ed.).
3006.10The Office may, following a request for a hearing require the cable television operator to make advance payment or post security in the form and amount as the Office deems necessary to ensure the adequacy of compensation.
3006.11If, at any time after the filing of an application for compensation, the cable operator and the owner agree on the amount of compensation to be paid for installing cable television facilities, the Office shall not be required to make an assessment or conduct a hearing. The agreement along with the criteria, data, or methods used to determine the amount of compensation, shall be submitted to the Office for approval.