District Of Columbia § 34-1251.04 - Applicability to open video systems.
Full text of District Of Columbia D.C. Code § 34-1251.04 — Applicability to open video systems., with citation guidance and answers to common questions.
§ 34-1251.04. Applicability to open video systems.
34-1251.04Except as otherwise provided in this subchapter, this subchapter shall apply to an open video system to the extent permitted by federal law. In applying the provisions of this subchapter to an open video system, the term “cable system” shall be construed to include an open video system.
An open video system operator shall not operate in the District without first:
Receiving a franchise from the Council; and
Entering into:
A franchise agreement pursuant to this chapter; or
An open video system agreement; provided, that the open video system agreement shall contain the minimum requirements set forth in ; provided further, that the open video system agreement shall be negotiated with the Office and transmitted to the Council for approval by act.
In lieu of the franchise fee required by , the operator of an open video system shall pay to the District a fee of 5% of the gross revenues of the operator.
Any person who provides cable service over the open video system of another person and who assesses charges to subscribers that are not received by the open video system operator shall pay a fee to the District in an amount equal to 5% of the person’s gross revenues. The operator of the open video system shall collect the fee from the person and shall remit the fee to the District. If the open video system operator fails to collect or remit the fee, the operator shall be directly liable to the District for payment of the uncollected or unremitted fee.
An open video system operator shall be subject to all requirements of District law regarding the authorization to use or occupy the public rights-of-way, and the approval by the Federal Communications Commission of an open video system operator’s certification pursuant to section 653 of the federal cable act (47 U.S.C. § 573) shall not confer upon the operator any authority to use or occupy the public rights-of-way that the operator does not otherwise possess.
Notwithstanding anything to the contrary, if a cable operator, its parent, affiliate, or subsidiary elects to offer to subscribers video programming services through an open video system, the cable operator shall remain subject to all the terms and conditions of a franchise granted pursuant to this chapter.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 34-1251.04
What does D.C. Code § 34-1251.04 cover?
Section 34-1251.04 ("Applicability to open video systems.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 34-1251.04?
A common citation format is "D.C. Code § 34-1251.04" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 34-1251.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.