T50CH30
Title 50 > T50CH30
Sections (11)
50-3001
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3001. short title. This chapter shall be known and may be cited as the Idaho Video Service Act. History: [50-3001, added 2012, ch. 207, sec. 1, p. 552.]
50-3002
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3002. definitions. As used in this chapter: (1) Access to video service means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or whether the service is actually provided at the address. (2) Cable service has the meaning ascribed to it in 47 U.S.C. section 522, as that section existed on January 1, 2012. (3) Cable system has the meaning ascribed to it in 47 U.S.C. section 522, as that section existed on January 1, 2012. (4) Certificate of franchise authority means a certificate issued by the Idaho secretary of state to a video service provider pursuant to the provisions of this chapter. (5) Chapter means chapter 30, title 50 , Idaho Code. (6) Franchise has the meaning ascribed to it in 47 U.S.C. section 522, as that section existed on January 1, 2012. A certificate of franchise authority issued pursuant to section 50-3003 , Idaho Code, shall constitute a franchise for the purposes of 47 U.S.C. section 522. (7) Franchising entity means the state of Idaho or a city or county within the state of Idaho authorized by state or federal law to grant a franchise. (8) Governing body means the city council or the board of county commissioners of a political subdivision. (9) Incumbent cable service provider means a person who provides cable service and holds a franchise issued by a franchising entity prior to July 1, 2012. (10) Local unit of government means a city, county, highway district or other governmental entity of the state of Idaho having maintenance and operation responsibility over the public rights-of-way within a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity. (11) Nonincumbent video service provider means: (a) A person authorized under the provisions of this chapter to provide video service in an area in which cable service is being provided by an incumbent cable service provider; or (b) A person authorized under the provisions of this chapter to provide video service in a geographical area in which, on July 1, 2012, there was no incumbent cable service provider providing cable service. (12) Political subdivision means a city or county of the state of Idaho. (13) Public rights-of-way means the area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement dedicated for compatible uses. (14) Service area means contiguous geographical territory in the state of Idaho within which territory a video service provider is authorized to provide video service pursuant to a certificate of franchise authority. (15) Service tier means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider. (16) Subscriber means any person in this state who purchases video service. Subscriber
50-3003
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3003. FRANCHISING AUTHORITY — application for certificate of franchise authority — MODIFICATION OF service areas — term of certificate of franchise authority and termination thereof. (1) On and after July 1, 2012, no person shall act as a video service provider or operate a video service network within the state of Idaho unless such person: (a) Is an incumbent cable service provider providing cable service within an existing franchise area by permission of, or pursuant to, a franchise from a political subdivision in effect on the effective date of this chapter or a subsequent renewal thereof; or (b) Is a nonincumbent cable service provider who: (i) Elects to negotiate a franchise agreement in accordance with title VI of the communications act of 1934, as amended, 47 U.S.C. section 521 et seq., with a political subdivision, which agreement establishes the terms and conditions applicable to that person to provide cable or video service within the jurisdictional boundaries of such political subdivision and has been issued a franchise from the political subdivision for such purpose; or (ii) Elects to adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent cable service provider providing video service within the same service area and who has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision pursuant to the same terms and conditions as the franchise issued to the incumbent cable service provider in the political subdivision; or (c) Has been granted a certificate of franchise authority to do business in the state of Idaho as a system operator by the Idaho secretary of state, as authorized in this chapter. (2) (a) Nothing in this chapter shall be construed to prohibit a person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Idaho secretary of state for a different service area. Provided however, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the secretary of state for the same service area, except as permitted pursuant to paragraph (b) of this subsection. (b) An incumbent cable service provider may submit an application for a certificate of franchise authority for a service area in which the incumbent cable service provider has an existing franchise from a political subdivision for such service area and, upon the granting of a certificate of franchise authority to the incumbent cable service provider, the incumbent cable service provider’s franchise from the political subdivision shall no longer be of any force or effect. (c) It shall be in an incumbent cable operator’s sole discretion to determine, in each service area wherein it provides cable service, whether or not to a
50-3004
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3004. PROVISION OF ACCESS TO VIDEO SERVICE WITHIN a CERTAIN PERIOD — SUSPENSION OF AUTHORITY FOR NONCOMPLIANCE WITH CERTAIN REQUIReMENTS. (1) Not later than twenty-four (24) months after the date on which the secretary of state issues a certificate of franchise authority pursuant to section 50-3003 , Idaho Code, the holder of the certificate must provide access to video service within the territorial boundaries of each service area identified in and authorized by the certificate of franchise authority. (2) If a holder of a certificate of franchise authority does not provide access to video service to at least one (1) household within the territorial boundaries of a service area within twenty-four (24) months from the date the certificate of franchise authority authorized the provision of video service within the service area, the holder’s certificate of franchise authority shall be deemed to be revoked by operation of law as to such service area without the need for any notice, hearing or action by the secretary of state and such certificate of franchise authority shall not thereafter authorize the provision of video service within such service area by the holder of the certificate. History: [50-3004, added 2012, ch. 207, sec. 1, p. 556.]
50-3005
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3005. fees. (1) In carrying out the provisions of this chapter, the secretary of state shall charge and collect the fees set forth in this section. (2) The filing fee for accepting an application for a certificate of franchise authority shall be one thousand dollars (500). History: [50-3005, added 2012, ch. 207, sec. 1, p. 556.]
50-3006
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3006. USE OF PUBLIC RIGHTS-OF-WAY BY a HOLDER OF a CERTIFICATE OF FRANCHISE AUTHORITY. (1) A local unit of government shall allow the holder of a certificate of franchise authority to install, construct and maintain facilities within the public rights-of-way, over which the local unit of government has jurisdiction, to enable the provision of video services to subscribers to such services. No provision of this chapter shall diminish or otherwise limit the authority of this state, highway district or other local unit of government having jurisdiction over the public rights-of-way. Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of any applicable local ordinance or other regulation governing the use of the public rights-of-way. (2) If no local code, ordinance, resolution or other regulation by the local unit of government regulates the installation of physical facilities within public rights-of-way, the following requirements shall be deemed the minimum standards for such activities: (a) At least thirty (30) days prior to contemplated construction within public rights-of-way, a specific description of the locations where the facilities are proposed to be installed within the public rights-of-way and the construction methods that are proposed must be provided to the local unit of government responsible for the rights-of-way procurement or maintenance. (b) A certificate of franchise authority granted pursuant to this chapter carries with it an obligation to respect orderly management and maintenance of public rights-of-way by the system operator. A system operator authorized hereby to use public rights-of-way shall employ sound construction practices to maintain the integrity of public improvements and preexisting rights-of-way conditions and shall be responsible for repair or replacement of any improvements or maintenance or restoration of any conditions disrupted by construction activities. The system operator shall cause any such repair or replacement to be made promptly and in a manner that complies with adopted standards or as is otherwise appropriate to restore the rights-of-way to conditions existing before installation. (c) The certificate of franchise authority granted pursuant to this chapter also carries a duty to coordinate installation of any physical plant in public rights-of-way with the public utilities or municipal services already using or contemplating use of the same or related public rights-of-way. Such coordination shall endeavor to minimize conflicts and avoid damage to existing or otherwise planned facilities. (3) A local unit of government shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory and competitively neutral access to the public rights-of-way within its jurisdiction. (4) A local unit of government may not impose requirements that discriminate against a sy
50-3007
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3007. VIDEO SERVICE PROVIDER FEE. (1) A system operator providing video service within a political subdivision pursuant to a certificate of franchise authority shall pay to the political subdivision in which it provides video service a video service provider fee as may be required by the political subdivision pursuant to this section. For the purposes of this section, subscribers whose service address is within the jurisdictional limits of a city shall be deemed city subscribers and those subscribers whose service address is outside the jurisdictional limits of a city shall be deemed county subscribers. (2) The obligation to pay such a fee shall commence upon commencement of the provision of video service to subscribers. The video service provider’s fee shall be paid to the political subdivision in which it provides video service on a quarterly basis, forty-five (45) days after the close of each calendar quarter, and shall be calculated as a percentage of gross revenues, as defined in subsection (4) of this section. Except as provided in section 50-3006 , Idaho Code, the political subdivision may not require any additional fees or charges from the system operator and may not require the use of any other calculation method. (3) The fee authorized by this section shall be a percentage of gross revenue, as defined in this section, and shall be determined by the political subdivision. If there is an incumbent cable service provider providing cable service in the political subdivision, the system operator shall pay an amount equal to the percentage of gross revenue paid by an incumbent cable service provider or five percent (5%), whichever is less. If there is no incumbent cable service provider having a franchise agreement with the political subdivision, or if a political subdivision has not previously established and assessed such fee to an incumbent cable service provider, the fee shall be established by the political subdivision, in an amount not in excess of five percent (5%) of the gross revenue, which fee shall be applicable to all video service providers within the political subdivision, regardless of whether they provide video service pursuant to a local franchise or a certificate of franchise authority. (4) (a) For purposes of this section: (i) Gross revenues means all revenues, calculated in accordance with generally accepted accounting principles (GAAP), that are received by the system operator from subscribers for the provision of video service to subscribers within the jurisdictional limits of the political subdivision. Gross revenues shall include the following: 1. All recurring charges and fees paid by subscribers for the provision of video service; equipment rental charges, late fees and insufficient funds fees; and fees attributable to video service when sold individually or as part of a package or bundle, or functionally integrated with services other than video s
50-3008
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3008. DISCRIMINATION AMONG POTENTIAL RESIDENTIAL SUBSCRIBERS PROHIBITED — Violations. (1) A system operator shall not deny access to video service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (2) For purposes of determining whether a system operator has violated the provisions of this section, cost, density, distance and technological or commercial limitations shall be taken into account. An alleged violation shall only be considered within the description of the service area set forth in a certificate of franchise authority. The inability to serve an end user because a holder of such certificate is prohibited from placing its own facilities in a building or property shall not be found to be a violation of the provisions of this section. The requirements of this subsection shall not be construed as authorizing any build-out requirements on a system operator. (3) Any potential residential subscriber or group of residential subscribers who believes it is being denied access to services in violation of the provisions of this section may file a complaint with the governing authority of the political subdivision within the service area of the system operator in which the subscribers or potential subscribers reside. The complaint shall provide a clear statement of the facts and information upon which it bases the complaint. Upon receipt of any such complaint, the governing authority shall serve a copy of the complaint and supporting materials upon the subject system operator, and shall require the system operator to submit a written answer and other relevant information in response to the complaint within thirty (30) days from service of the complaint on the system operator. If the governing authority, after examination of the complaint and answer thereto, is not successful in informally resolving the dispute, the governing authority may require the system operator and the complainants to enter into mediation. Alternatively, either party may seek judicial determination of the issues. If a court finds that the holder of a certificate of franchise authority is denying access to video service to any group of potential residential subscribers because of the income level of the residents in the local area in which such group resides, the holder of a certificate of franchise authority shall provide access to video service to the affected group of potential subscribers within a reasonable period of time, as specified by the court, to cure such noncompliance. History: [50-3008, added 2012, ch. 207, sec. 1, p. 559.]
50-3009
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3009. CUSTOMER SERVICE STANDARDS. A system operator shall comply with the customer service requirements as set forth in 47 CFR 76.309(c), as amended from time to time, and shall maintain a local or toll-free telephone number for customer service contact. A political subdivision may provide such assistance to subscribers as the political subdivision may deem appropriate to enforce the provisions of this section. History: [50-3009, added 2012, ch. 207, sec. 1, p. 560.]
50-3010
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3010. DESIGNATION AND USE OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL OR GOVERNMENTAL USE. (1) On, or within a reasonable period of time after, the date on which a system operator first provides video service to a subscriber within the service area of a political subdivision, a system operator shall designate a sufficient amount of capacity on its video service network to allow the provision of public, educational and governmental access channels or their functional equivalents, hereinafter referred to in this section as PEG channels, for noncommercial programming, as follows: (a) Designate a sufficient amount of capacity on its network to allow the provision of PEG channels equal in number to those that have been activated by an incumbent cable service provider on the date on which the system operator first provides video service to a subscriber within such political subdivision. (b) If there is no incumbent cable service provider or no PEG channels have been activated within the jurisdictional limits of the political subdivision located within the system operator’s service area on the date on which the system operator first provides video service to a subscriber within such service area, the system operator shall, upon request, provide a maximum of two (2), in total, PEG channels for a political subdivision with a population of at least fifty thousand (50,000), and one (1), in total, PEG channel for a political subdivision with a population of less than fifty thousand (50,000). Provided however, a request by a political subdivision for the provision of PEG channels by a system operator, or a waiver of the requirement to provide PEG channels, shall be uniformly applied to all system operators providing video service within the political subdivision. (c) The number of PEG channels set forth in paragraphs (a) and (b) of this subsection shall constitute the total number of PEG channels that a system operator may be required to designate on any single head-end or hub office, or on all commonly owned video service networks that share a common head-end or hub office, regardless of the number of political subdivisions served from such head-end or hub office. If more than one (1) political subdivision is served by a single or common head-end or hub office, the populations within the jurisdictions of all those political subdivisions shall be aggregated to determine the total number of PEG channels under paragraphs (a) and (b) of this subsection. (d) PEG channels provided by a system operator may be located by the system operator on any service tier subscribed to by more than fifty percent (50%) of a system operator’s subscribers. PEG channels shall be of similar quality and functionality to that offered by commercial channels on such tier of service unless the signal is provided to the system operator at a lower quality or with less functionality. (e) A system operator shall not change
50-3011
TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 30 IDAHO VIDEO SERVICE ACT 50-3011. APPLICABILITY OF OTHER LAW. (1) The provisions of this chapter are intended to be construed to be consistent with the federal cable communications policy act of 1984, 47 U.S.C. sections 521 through 573. (2) Except as otherwise stated herein, nothing in this chapter shall be interpreted to prevent an incumbent cable service provider, a nonincumbent video service provider, a system operator, a local unit of government or a franchising entity from entering into a negotiated franchise agreement with a political subdivision or seeking clarification of its rights and obligations under federal or state law or to exercise any right or authority under federal or state law. (3) Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of titles 61 and 62, Idaho Code, regarding telecommunications service within the state of Idaho, nor to require a telephone corporation to obtain a certificate of franchise authority or local authorization pursuant to this chapter for the purpose of permitting or authorizing the telephone corporation to construct, upgrade, operate or maintain its telecommunications system to provide telecommunications service. (4) No provision of this chapter shall diminish or otherwise limit the authority of this state, highway district or other local unit of government having jurisdiction over the public rights-of-way. Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of any applicable local ordinance or other regulation governing the use of the public rights-of-way. History: [50-3011, added 2012, ch. 207, sec. 1, p. 562.]