23-19-209. Designation and use of channel capacity for public, educational, or governmental use — Definition.

23-19-209. Designation and use of channel capacity for public, educational, or governmental use — Definition. (a) As used in this section, “public, education, and government access channels”, also known as “PEG channels”, means channels used for noncommercial local interest programming. (b)(1) A video service provider, on the date that it first provides video service to a subscriber in the service area of a political subdivision or within a reasonable time, shall: (A) Designate a sufficient amount of capacity on its video service network to allow PEG channels for noncommercial programming; and (B) Designate a sufficient amount of capacity on its network to allow up to three (3) PEG channels or channels equal in number to those that have been activated by an incumbent video service provider, if any, on the date that the video service provider first provides video service to a subscriber in a political subdivision, whichever is less. (2)(A) A political subdivision served by an incumbent video service provider that opts to provide service under a certificate of franchise authority issued under § 23-19-203 is entitled to PEG channels under this section. (B) If the political subdivision was not served by an incumbent video service provider, the video service provider shall provide one (1) PEG channel for the use of the political subdivision. (3) A political subdivision may waive its rights to a PEG channel. (c)(1) A video service provider is responsible for: (A) The transmission of the programming on each channel to subscribers; and (B) Providing one (1) point of connectivity to each PEG channel distribution point in the political subdivision to be served. (2) A video service provider may: (A) Provide PEG channels on a service tier subscribed to by more than fifty percent (50%) of a video service provider's subscribers; (B) Consolidate PEG channels to a single channel location; and (C) Provide PEG channels through an application on a menu or as a choice on an assigned channel. (3) A video service provider shall not: (A) Change a channel location assigned to a PEG channel without providing written notice to the affected political subdivision at least thirty (30) days before the date on which the change is to become effective; or (B) Be required to provide an institutional network or equivalent capacity on its video service network. (4) When technically and economically possible, a video service provider shall: (A) Use reasonable efforts to interconnect its video network to share PEG channel programming with other video service providers through direct cable, microwave link, satellite, or other reasonable method of connection; (B) Negotiate in good faith to provide interconnection of PEG channels; and (C) If requesting to interconnect its video network to share PEG channel programming with another video service provider, pay for the cost of the interconnection. (d)(1) The operation, production, and content of any programming aired on a PEG channel is solely the responsibility of the public, educational, and governmental agencies receiving the benefit of the capacity. (2) The entity producing the PEG channel programming and sending it to the video service provider shall ensure that transmissions, content, or programming to be sent to the video service provider is: (A) Provided in a manner that is capable of being accepted and sent by the video service provider over its video service network without alteration or change in the content or transmission signal; and (B) Compatible with the technology or protocol used by the video service provider to deliver its video service. (3) Governmental entities utilizing PEG channels shall make the programming available to video service providers providing service in the governmental entity's jurisdiction in a nondiscriminatory manner. (4) The governmental entity providing programming for use on a channel designated for public, education, and government access use may request a change of the point of connectivity but shall pay the video service provider for costs associated with the change of the point of connectivity.