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2006 SESSION

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HB 1404 Cable television systems; licensing and regulation thereof.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Licensing and regulation of cable television systems. Establishes a new procedure by which cable operators may obtain authorization to operate cable systems in localities. The new procedure provides for localities to grant ordinance cable franchises as an alternative to negotiated cable franchises. Ordinance cable franchises may be requested by certificated providers of telecommunications services with previous consent to use a locality's rights-of-way, after requesting to negotiate a cable franchise agreement. Upon receipt of an application for an ordinance cable franchise, the locality shall adopt necessary ordinances within 120 days. A locality granting an ordinance franchise may, if it currently has fewer than three public, educational or governmental (PEG) channels, obtain up to three PEG channels from all cable operators. A locality that has approved a cable franchise in the 12 months preceding July 1, 2006, is exempted from provisions of this measure until an existing franchise expires.

SUMMARY AS PASSED HOUSE:

Licensing and regulation of cable television systems. Establishes a new procedure by which cable operators may obtain authorization to operate cable systems in localities. The new procedure provides for localities to grant ordinance cable franchises as an alternative to negotiated cable franchises. Ordinance cable franchises may be requested by certificated providers of telecommunications services with previous consent to use a locality's rights-of-way, after requesting to negotiate a cable franchise agreement. Upon receipt of an application for an ordinance cable franchise, the locality shall adopt necessary ordinances within 120 days.

SUMMARY AS INTRODUCED:

Cable television system licensing.  Requires a locality that receives a new application for a cable television license, certificate, or franchise to negotiate a franchise agreement with the applicant within 120 days, unless extended by agreement. If the locality denies an application or fails to act on the application within the time required, the unsuccessful applicant may seek declaratory and injunctive relief; however, if the applicant already had the right to occupy public rights of way within the locality, the applicant has the right to request the immediate grant of a franchise that incorporates the terms of the existing local cable franchise and, if an agreement is not finalized in 30 days, shall be deemed to have been awarded a franchise incorporating the terms of the existing cable franchise. In such event, the applicant, the locality, or an existing cable franchisee may petition for a court determination of the exact terms of the applicant’s new franchise. Localities are prohibited from granting a cable television franchise to serve any portion of an existing service territory within its jurisdiction on terms or conditions which, when considered as a whole, are more favorable or less burdensome than those in the existing cable franchise for such existing service territory. If a governing body has granted a franchise for any portion of an existing service territory on terms that are not directly commensurate with those in the existing cable franchise, the governing body shall offer to amend the existing cable franchise to substitute the corresponding terms of the new franchise. In addition, localities shall require that each provider of cable service construct its system and offer its service in a nondiscriminatory manner within a reasonable period of time.