Sec.16-331a-8. Procedures for increasing or decreasing community access funding other than by the CPI

(a) At any time, on its own motion or for good cause shown, the department may increase or decrease the per subscriber amount to be collected annually from MVPDs within a franchise area to support community access by not more than 40% of said amount.

(b) The department, in its sole discretion, shall determine if a proceeding to increase or decrease the community access amount shall be held. To assist the department in determining whether good cause exists to initiate a proceeding pursuant to this section of the regulations, an entity requesting an increase or decrease shall provide to the department a clear statement indicating good cause why the request should be granted.

(c) Before increasing or decreasing the amount of community access support, the department shall hold a hearing, and accept evidence from the community access provider within the franchise area, MVPDs within the franchise area, the cable advisory council and residents of the franchise area.

(d) In determining whether the amount shall be increased or decreased not more than 40%, the department shall take into consideration:

(1) the number of subscribers served by the MVPD within a franchise area; (2) 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; providing viable alternatives to commercial programming, and enhancing a sense of community among residents of the town and franchise area; and (3) the criteria set forth in subsection (c) of Section 16-331a of the Connecticut General Statutes, and subsection (k) of Section 16-331a of the Connecticut General Statutes.

(Effective September 26, 1996)