Sec.16-331a-12. Review of community access support levels

The Department shall review each company's support, according to the standards set in section 16-331a-11, and may adjust the level of support below such standards if the following so warrant an adjustment:

(1) The size of the company's rate base;

(2) The number of subscribers served by the company;

(3) The length of time for which the company has held the franchise;

(4) The company's channel capacity;

(5) The terms of the company's existing franchise certificate as it applies to community access;

(6) The overall effectiveness of the community access program, including, but not limited to, the following: the number of people who have enrolled in the training program or taken a proficiency test, the number of programs produced, the number of inquiries received about community access, the amount of air time used on the community access channels, the amount of donations made to the company for community access, including funds raised by access users and access organizations, the perceptions and responses to the community access program held by the Advisory Council, access users, and the community;

(7) The existence of an agreement by the company to provide a level of support higher than that set by the standards in section 16-331a-11;

(8) The demography of the community and the public need;

(9) The fundamental purposes of community access, including but not limited to, the following: enhancing First Amendment rights; providing for the dissemination of diverse views and for a marketplace of ideas and information; capitalizing on the possibilities inherent in "narrowcasting," as contrasted with broadcasting; providing for viable alternatives to commercial programming, and enhancing a sense of community among residents of the town and franchise area.

(Effective September 26, 1996)