364.502  Video programming; capacity for public use.--

(1)  Each local exchange telecommunications company or alternative local exchange telecommunications company which provides video programming shall, prior to providing such programming, file with the commission a designation of reserve capacity for public, educational, or governmental use. The commission shall review the filed designation to determine whether such designation ensures that public education and public information programming are adequately available to the customers of such telecommunications company. The commission shall consider the following factors in determining whether the filed designation complies with the requirements of this chapter:

(a)  Reservation and designation requirements provided by federal law, if any.

(b)  The level of demand for such programming in a given service area.

(c)  The barriers to providing such programming in the service area.

(d)  The cost and availability of such programming in the service area.

(e)  Other factors which the commission deems appropriate.

(2)  Capacity pursuant to this subsection shall not be sold, resold, or otherwise transferred for money or other thing of value. The quality of capacity reserved pursuant to this subsection shall be equivalent to the best quality of available capacity of the local exchange telecommunications company which provides video programming in all respects.