AN ACT PROMOTING COMPETITION AMONG COMMUNITY ACCESS PROVIDERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2009) (a) Not later than sixty days prior to October 1, 2009, and not later than sixty days prior to October first every five years thereafter, any community-based nonprofit organization may petition the Department of Public Utility Control to assume responsibility for community access within a defined service area. Upon receipt of any such petition, the department shall conduct a contested case proceeding to determine whether to assign such responsibility to the community-based nonprofit organization submitting the petition or to any other nonprofit organization or community access television company. The department shall base such determination on the following criteria: (1) The recommendations of the state-wide Community Antenna Television Advisory Council and of the chief elected officials of the municipalities in the service area, (2) a review of the performance of the organization or company providing community access programming on the date the petition is filed, (3) the operation plan submitted by an organization or a company for providing community access programming, (4) the experience of the organization or company in community access programming, (5) the proposed budget of the organization or company, including expenses for salaries, consultants, attorneys and other professionals, (6) the quality and quantity of the programming to be created, promoted or facilitated by the organization or the company, (7) a review of the organization's or company's procedures to ensure compliance with federal and state law, including the regulations of state agencies, and (8) any other criteria determined to be relevant by the department.

(b) Not later than sixty days prior to April 1, 2010, and not later than sixty days prior to April first of every five years thereafter, the department may, on its own initiative, review and evaluate the provision of community access programming by the organization or company. The department shall conduct such review or evaluation if the Consumer Counsel or any interested party petitions the department for such a review during the period commencing October 1, 2009, and ending April 1, 2010, and each corresponding period every five years thereafter. Such review shall include consideration of the factors set forth in subsection (a) of this section.

(c) If the Department of Public Utility Control reassigns responsibility for community access to another community-based nonprofit organization, any other nonprofit organization or a community access television company as a result of a review conducted pursuant to this section, such organization or company shall provide an interview for employment to any employee of the existing provider of community access television who has been an employee of such provider for at least five years.

(d) If the Department of Public Utility Control reassigns responsibility for community access to another community-based nonprofit organization, any other nonprofit organization or a community access television company as a result of a review conducted pursuant to this section, no employee of the original organization who has been an employee of such organization for five continuous years shall have their hours, wages or working conditions changed for a period of six months without the express, written consent of the local Cable Advisory Council.