Bill Text: IN SB0135 | 2010 | Regular Session | Amended
Bill Title: Local regulation of video service franchises.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2010-02-09 - First reading: referred to Committee on Commerce, Energy, Technology and Utilities [SB0135 Detail]
Download: Indiana-2010-SB0135-Amended.html
Citations Affected: IC 8-1.
Synopsis: Local regulation of video service franchises. Provides that
a local unit of government may not supervise, evaluate, or regulate or
monitor in order to supervise, evaluate, or regulate a: (1) holder of a
certificate to provide; or (2) provider of; video service in Indiana.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Local Government.
January 28, 2010, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(1) the commission is the sole franchising authority (as defined in 47 U.S.C. 522(10)) for the provision of video service in Indiana; and
(2) a unit may not:
(A) require a provider to obtain a separate franchise;
(B) impose any fee, gross receipt tax, licensing requirement, rate regulation, or build-out requirement on a holder or provider; or
(C) supervise, evaluate, or regulate, or monitor in order to supervise, evaluate, or regulate, a holder or provider, including by establishing a board or other subordinate entity to supervise, evaluate, or regulate, or monitor in order to supervise, evaluate, or regulate, the holder or
provider;
except as authorized by this chapter.
(b) Except as provided in section 21 of this chapter, a person who
seeks to provide video service in Indiana after June 30, 2006, shall file
with the commission an application for a franchise. The application
shall be made on a form prescribed by the commission and must
include the following:
(1) A sworn affidavit, signed by an officer or another person
authorized to bind the applicant, that affirms the following:
(A) That the applicant has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
video service in Indiana.
(B) That the applicant agrees to comply with all federal and
state statutes, rules, and regulations applicable to the operation
of the applicant's video service system.
(C) That the applicant agrees to:
(i) comply with any local ordinance or regulation governing
the use of public rights-of-way in the delivery of video
service; and
(ii) recognize the police powers of a unit to enforce the
ordinance or regulation.
(D) If the applicant will terminate an existing local franchise
under section 21 of this chapter, that the applicant agrees to
perform any obligations owed to any private person, as
required by section 22 of this chapter.
(2) The applicant's legal name and any name under which the
applicant does or will do business in Indiana, as authorized by the
secretary of state.
(3) The address and telephone number of the applicant's principal
place of business, along with contact information for the person
responsible for ongoing communications with the commission.
(4) The names and titles of the applicant's principal officers.
(5) The legal name, address, and telephone number of the
applicant's parent company, if any.
(6) A description of each service area in Indiana to be served by
the applicant. A service area described under this subdivision may
include an unincorporated area in Indiana.
(7) The expected date for the deployment of video service in each
of the areas identified in subdivision (6).
(8) A list of other states in which the applicant provides video
service.
(9) If the applicant will terminate an existing local franchise under section 21(b) of this chapter, a copy of the written notice sent to the municipality under section 21(c) of this chapter.
(10) Any other information the commission considers necessary to:
(A) monitor the provision of video service to Indiana customers; and
(B) prepare the commission's annual report to the regulatory flexibility committee under IC 8-1-2.6-4.
This subsection does not empower the commission to require an applicant to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this subsection.
(c) The commission may charge a fee for filing an application under this section. Any fee charged by the commission under this subsection may not exceed the commission's actual costs to process and review the application under section 17 of this chapter.
