§ 34-1259.05 — Inspection of records.

District of Columbia § 34-1259.05

• Jurisdiction: District of Columbia
• Title 34: Public Utilities.
• Ch. 12: Cable Television.
• Subch. II: Office of Cable Television, Film, Music, and Entertainment Act of 2015.
• Part I: Regulation, Oversight, and Inspection of Cable System and Records.

Text

(a) The District shall have the right to inspect the records of a cable operator and to require a cable operator to provide copies of records that the District deems appropriate in order to monitor compliance with this chapter, the franchise agreement, or any other applicable law or regulation. Records available under this section shall include all books, receipts, maps, plans, contracts, service complaint logs, performance test results, records of requests for service, computer records, disks, or other storage material, in the possession of the cable operator or held by an affiliate, contractor, or subcontractor, or any other person holding any form of management contract for the cable system. A cable operator shall be responsible for collecting the information required and producing it at the office of the Office or at a location designated by the Office.

(b) The District shall provide a cable operator with at least 24-hours written notice, which shall include at least one business day, prior to an inspection of records under this section. The notice, which shall state the intended purpose of the inspection and intended scope of documents to be inspected, shall serve as the notice that all the above materials may be inspected. The cable operator may request, and the Office may grant, additional time to assemble and produce the requested materials.

(c) Access to records and the provision of copies of records under this section shall be available at the Office or at a location designated by the Office.

(d) Access to records and the provision of copies of records under this section shall be at the cable operator’s expense.

(e) A cable operator shall maintain financial records that allow analysis and review of the operator’s operations in the District.

(f) Access to a cable operator’s records shall not be denied on the basis that the records contain proprietary or confidential information. The District shall have the right to determine the confidentiality or proprietary nature of a cable operator’s records. All confidential information received by the District shall remain confidential insofar as permitted by law. In seeking access to, or inspecting, a cable operator’s records, the District shall comply with the District’s freedom of information requirements as provided in subchapter II of Chapter 5 of Title 2 . The refusal by a cable operator to provide information required herein shall be grounds for the revocation of a franchise or of any other permits and licenses issued by the District.

(g) A cable operator shall maintain a file of records open to public inspection in accordance with applicable federal and District law and regulations.

Legislative History

Aug. 21, 1982, D.C. Law 4-142, § 905; as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334