Can the franchising authority force the cable operator to provide PEG access?
In US Code 47 541(a)(4)(b), it says: “(4) In awarding a franchise, the franchising authority – … (B) may require adequate assurance that the cable operator will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support;…” In US Code, Title 47, Section 531(b) Enforcement Authority, it says: “(b) A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. …” The operative word is “may” and the it is between the franchising authority and the cable operator as to what is contained in the agreement. The franchising authority may choose not to exercise the rights implied by this regulation. The franchising authority may choose not to enforce the requirements of the franchise agreement.
