Section 15-3302. APPLICATION PROCEDURE

 

3302.1Whenever a channel becomes available on the system of any District cable or open video system operator, OCT shall publish a notice in the District of Columbia Register. The notice shall state the closing date for the submission of an application. Such closing date shall not be sooner than 30 days after the publication of the notice. The notice may state any other applicable application criteria and required information.

 

3302.2Applications for channels must be submitted in writing to the Executive Director of OCT by the due date specified in the published notice.

 

3302.3Applications for a channel shall contain the following minimum information:

 

(a)Name and address of the applicant;

 

(b)Contact person(s) and title(s);

 

(c)Names and biographies of the organization's management, Board (if applicable), and proposed channel management;

 

(d)Summary of the applicant's organizational history, current and/or planned organizational chart and mission statement as well as the applicant's current programs, activities, and accomplishments;

 

(e)A detailed statement demonstrating the need for the channel;

 

(f)Detailed proposal of the applicant's projected use of the channel, including programming proposals, show formats, and core issues and subjects to be featured;

 

(g)Description of how the channel will serve the applicant's overall goals;

 

(h)Detailed demonstration of the applicant's financial ability to operate a cable channel, including a proposed budget for operation of the channel and source of funding and how the applicant plans to support the channel continuously;

 

(i)Description of the applicant's technical ability to operate a cable television channel, including a description of the current and proposed operating equipment and resources and a description of the qualifications and responsibilities of the staff and volunteers who will be working with the channel; and

 

(j)Description of the current or proposed facility for the operation of the channel.

 

3302.4OCT shall review each application, confirm the need stated by each applicant, and determine whether each applicant has the ability to operate a channel and satisfy such stated need. In making this determination, OCT may conduct technical inspections and tests of the applicant's facility and equipment and may request additional information.

 

3302.5OCT may elect to hold a public hearing and receive testimony on any application. OCT may hold a combined hearing to review several applications. OCT shall publish a notice of such public hearing in the District of Columbia Register and shall hold the hearing no less than 15 days after the notice.

 

3302.6OCT may deny an application if it determines that the need for the channel does not exist or that the applicant lacks the technical, financial, managerial or other capabilities to operate a channel.

 

3302.7After reviewing the applications, OCT may (i) determine that no applicant has submitted an application sufficient to justify designation of the available channel and issue a final determination of such or (ii) approve one application as the most qualified to operate the available channel.

 

3302.8If an application is approved for a channel on the analog tier, then within 90 days of such approval or, if applicable, within 90 days of executing a PEG Operating Agreement with the applicant as provided in section 3303, OCT shall propose a resolution to the Council for approval of the allocation pursuant to subsection 3301.5. The resolution shall provide that the operation of the allocated channel shall be subject to these rules.

 

3302.9Within 90 days of (i) OCT's allocation of any channel pursuant to these rules or the Council's approval of such allocation and (ii) if applicable, the execution of a PEG Operating Agreement by the applicant, OCT shall notify cable and open video system operators in the District to include such channel as one of the District's PEG channels. The notice shall provide details of the allocation and available information on the applicant.

 

source

Final Rulemaking published at 50 DCR 7543 (September 5, 2003).