HomeMy Public PortalAbout2013.12.26 Idaho State Franchise state of Idaho
Office of the Secretary of State
AMENDED
j CERTIFICATE OF FRANCHISE AUTHORITY
I , BEN YSURSA, Secretary of State of the State of Idaho , hereby certify under the seal
of my office that:
CABLE ONE, INC .
File Number VF105
Is hereby granted authority as a system operator to provide cable service or video service in the
following service area:
ADA COUNTY, CITY OF CALDWELL, CITY OF CASCADE, CITY OF DONNELLY, CITY OF
EMMETT, CITY OF FRUITLAND , GEM COUNTY, CITY OF GREENLEAF, CITY OF
HORSESHOE BEND , CITY OF KUNA, CITY OF MARSING , CITY OF MCCALL, CITY OF
MERIDIAN , CITY OF MIDDLETON , CITY OF NAMPA, CITY OF NEW MEADOWS , CITY OF
NOTUS , CITY OF STAR , CITY OF WEISER
I FURTHER CERTIFY That the authority is granted 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 , subject to the
applicable federal and state laws and regulations , including highway district, municipal and
county ordinances and regulations .
I FURTHER CERTIFY That the required fees have been paid . Franchise Authority of the
above named entity is effective upon issuance of this certificate and shall expire ten (10) years
froth the date of issuance .
i
Dated : December 26 , 2013
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' 9tatutes Page 1 of 1
LJiIdaho Statutes
( 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 . ]
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
copyright
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' Statutes Page 1 of 2
Idaho Statutes
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
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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 " does not include any person who purchases video
service for resale and who , upon resale , is required to pay a video
service provider fee pursuant to this chapter or pursuant to the terms of
a local franchise .
( 17 ) " System operator " means any person or group of persons who
provide video service and directly , or through one ( 1 ) or more affiliates ,
own a significant interest in the system or facilities through which the
video service is provided and which person has been issued a certificate
of franchise authority pursuant to the provisions of this chapter .
( 18 ) " Video service " means the delivery of video programming to
subscribers , which programming is generally considered comparable to video
programming delivered to viewers by a television broadcast station , cable
service or digital television service , without regard to the technology
used to deliver the video service , and which service is provided primarily
through equipment or facilities located in whole or in part in , on , under
or over any public rights -of -way . The term includes cable service , but
excludes any video programming provided to persons in their capacity as
subscribers to commercial mobile service as defined in 47 U . S . C . section
332 ( d ) , or video programming provided as part of and via a service that
enables end users to access content , information , electronic mail or other
services offered over the public Internet .
( 19 ) " Video service provider " means a provider of video service , and
includes an incumbent cable or multichannel video service provider , a
nonincumbent video service provider or a system operator , unless the
context in which the term is used indicates otherwise .
( 20 ) " Video service provider fee " means the amount paid by a system
operator to a political subdivision pursuant to section 50 - 3007 , Idaho
Code .
History :
[ 50 - 3002 , added 2012 , ch . 207 , sec . 1 , p . 552 . ]
The Idaho Code is the property of the state of Idaho and is made available on the .Internet ac a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to he an infringer of the state of Idaho 's
copyright,
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Idaho Statutes
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
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determine , in each service area wherein it provides cable service ,
whether or not to apply for a certificate of franchise authority or
continue to provide service under an existing franchise issued by a
political subdivision .
( 3 ) Any person seeking a certificate of franchise authority shall
submit an application to the Idaho secretary of state that is in
accordance with the requirements of this chapter and sets forth the
following information :
( a ) The name of the applicant and the address of its principal place
of business within the state of Idaho and the names of the applicant ' s
principal executive officers and its primary Idaho representative ;
( b ) A specific identification of the political subdivision ( s ) '
constituting the service area wherein the applicant intends to provide
video service ;
( c ) The date on which the applicant intends to begin providing video
service in the service area described in the application ;
( d ) Verification signed by an officer or general partner of the
applicant that :
( i ) The applicant has filed with the federal communications
commission all forms required by that agency in advance of
offering video service in this state ; and
( ii ) The applicant is legally , financially and technically
qualified to provide video service ; provided however , that a
cable operator that was providing cable service in Idaho pursuant
to a franchise in effect on the day before the effective date of
this section shall be deemed to be legally , financially and
technically qualified to provide service ; and
( e ) Verification that the applicant has procured and will maintain
comprehensive general liability insurance coverage and automobile
liability insurance coverage underwritten by one ( 1 ) or more companies
licensed to do business in the state of Idaho requiring that the
insurance carrier pay on behalf of the applicant , to a limit of not
less than five hundred thousand dollars ( $ 500 , 000 ) for bodily or
personal injury , death , or property damage or loss as a result of any
one ( 1 ) occurrence or accident , regardless of the number of persons
injured or the number of claimants , arising out of the negligent or
otherwise wrongful act or omission of the applicant or applicant ' s
employees or agents . Verification that a certificate of self - insurance
has been issued to the applicant and maintained in accordance with the
provisions of section 49 - 1224 , Idaho Code , shall be deemed to satisfy
the requirements of this subsection .
( 4 ) The application shall be accompanied by a filing fee as set forth
in section 50 - 3005 , Idaho Code . Within thirty ( 30 ) days after filing of
the application , or within thirty ( 30 ) days after the filing of
supplemental information necessary to make the application complete , the
secretary of state shall determine the completeness of an application or ,
if applicable , shall notify the applicant of a determination that the
application or the application as supplemented by additional information
is incomplete , state the basis for that determination , and inform the
applicant that the applicant may resubmit a correct application . The
secretary of state shall issue a certificate of franchise authority within
fifteen ( 15 ) days after the secretary of state ' s determination that the
filed application is complete and in compliance with the requirements of
this chapter . Upon issuance of a certificate of franchise authority , the
secretary of state shall , within fifteen ( 15 ) days from the date of such
issuance , provide written notice of such issuance , provide written notice
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of such issuance to the governing body of each political subdivision
and of each local unit of government located within the service area
designated in the application for a certificate of franchise authority .
( 5 ) A holder of a certificate of franchise authority may modify the
boundaries of an existing service area authorized under the certificate by
filing written notice of the modification with the secretary of state
accompanied by the fee required by section 50 - 3005 , Idaho Code . The holder
of the certificate may make the modification on the date on which it files
the written notice with the secretary of state .
( 6 ) A certificate of franchise authority may be transferred to any
successor of the system operator to which the certificate of franchise
authority was initially issued upon the successor filing an application
containing the same information as required in subsection ( 3 ) of this
section . A successor may only undertake operation and maintenance of video
facilities pursuant to an approved certificate of franchise authority upon
providing notice to the local unit of government with jurisdiction
concerning the public rights - of-way to be used . A successor shall be
responsible to conform to approved plans and permits to coordinate
installation and maintenance as required by the local unit of government .
( 7 ) A certificate of franchise authority may be terminated by the
system operator submitting a written notice to the secretary of state and
any affected local unit of government . No approval of the termination of
the certificate of franchise authority shall be required by the secretary
of state or by any affected local unit of government . Termination of a
certificate of franchise authority shall not relieve a system operator of
any obligation to mitigate the effects of abandoned physical facilities
remaining in any public rights - of -way .
( 8 ) A certificate of franchise authority shall be nonexclusive and
shall be for an initial term of ten ( 10 ) years , subject to changes in
federal law . A certificate of franchise authority may be renewed for
additional ten ( 10 ) year periods for system operators in compliance with
the requirements of subsection ( 3 ) of this section .
( 9 ) To the extent required for the purposes of 47 U . S . C . sections 521
through 561 , the state of Idaho shall constitute the franchising authority
for system operators in the state of Idaho .
( 10 ) The duties of the secretary of state pursuant to this chapter are
ministerial .
History :
( 50 - 3003 , added 2012 , ch . 207 , sec . 1 , p . 553 . ]
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of' the provisions of Idaho law and shall be deemed to he an infsAinger of the state of Idaho 's
copyright.
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Idaho Statutes
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 . )
The Idaho Code is the property of the stale of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
copyright
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}' Idaho Statutes
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 ( $ 1 , 000 ) , which fee
shall include issuance of a certificate of franchise authority by the
secretary of state .
( 3 ) The filing fee for accepting an amendment to a certificate of
franchise authority or providing a notice required by this chapter shall
be five hundred dollars ( $ 500 ) .
History :
[ 50 - 3005 , added 2012 , ch . 207 , sec . 1 , p . 556 . ]
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
copyright.
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f Idaho Statutes
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 system operator in any manner , including :
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( a ) The authorization or placement of facilities in public rights - of -
way that is necessary for the provision of video services ;
( b ) Access to a public building ; or •
( c ) The terms or conditions for access to any utility pole within the
control of the local unit of government .
( d ) Provided however , the provisions of this subsection shall not be
construed to supersede an agreement , or portion of an agreement ,
related to the joint use of utility infrastructure within the control
• of the local unit of government , between the local unit of government
and a video service .
( 5 ) A local unit of government may impose a permit or license fee on
a system operator relating to the opening , closing , inspection or repair
of public rights -of-way over which rights - of-way the local unit of
government has jurisdiction , but only to the extent it imposes such a fee
on other video service providers . A fee authorized in this section shall
not exceed the actual costs incurred by the local unit of government that
are directly related to the system operator ' s activity in the rights - of -
way with which the permit is associated . In no event may a fee under this
subsection be charged :
( a ) If the system operator , or its affiliate , already has paid a
permit fee in connection . with the same activity in the public rights -
of -way that would otherwise be covered by the permit fee under this
section ; or
( b ) For general revenue purposes .
History :
[ 50 -r3006 , added 2012 , ch . 207 , sec . 1 , p . 556 . ]
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
copyright.
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Idaho Statutes
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 services . The term " gross revenues " shall
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not include any charges resulting from action by a federal
agency or taxes or surcharges imposed by a governmental body
which are separately itemized and billed by a video service
provider to its subscribers ;
2 . Event - based charges for video service , including pay -
per - view and video - on-demand ; and
3 . Any other consideration a system operator receives from
its subscribers for providing video service when it is
received in a transaction that would evade imposition of a
franchise fee if such consideration is not included in
revenue .
( ii ) Notwithstanding any provision of this chapter , if a
franchise agreement between a political subdivision and an
incumbent cable service provider in effect on July 1 , 2012 ,
defines the term " gross revenues , " which definition includes
revenues in addition to the revenues set forth in the definition
of gross revenues in subsection ( 4 ) ( a ) of this section , the video
service provider fee paid by any system operator providing
service within a political subdivision pursuant to a certificate
of franchise authority issued on or after July 1 , 2012 , pursuant
to this chapter , shall be calculated based upon the definition of
gross revenues set forth in the franchise agreement between a
political subdivision and an incumbent cable provider in effect
on July 1 , 2012 .
( b ) In the case of a video service that is bundled or integrated
functionally with other services , capabilities or applications , the
portion of the system operator ' s revenue attributable to the other
services , capabilities or applications shall be included in gross
revenues unless the provider can reasonably identify the division or
exclusion of the revenue from its books and records , which may include
the provider ' s tax billing records , that are kept in the regular
course of business .
( c ) Revenue of an affiliate shall be included in the calculation of
gross revenues to the extent the treatment of the revenue as revenue
of the affiliate would have the effect of evading the payment of the
video service provider fee that would otherwise be paid for video
service .
( 5 ) Payment of the fees as required in this section shall be
accompanied by a written report identifying the amount of revenues
received from subscribers for the provision of video services to the
subscribers and identifying exclusions from gross revenues , if any . A
political subdivision may , upon reasonable advance written notice , but not
more frequently than once in any calendar year , review the business
records of a system operator to the extent necessary to ensure proper and
accurate payment of the video service provider fee . A system operator
shall provide sufficient information about such revenues to a political
subdivision to allow a proper compliance review by such political
subdivision . The system operator shall keep all business records
reflecting any gross revenues , even if there is a change in ownership , for
at least three ( 3 ) years after those revenues are recognized by the system
operator in its books and records . All records reasonably necessary for
the audit shall , at the discretion of the political subdivision , be made
available by the system operator at the location within the jurisdiction
where the records are kept in the ordinary course of business , or may be
provided electronically to the political subdivision with its consent . The
political subdivision and the system operator shall each be responsible
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for their respective costs of the audit , unless the audit discloses
that the system operator has underpaid. the video service provider fee by
more than seven percent ( 7 % ) during the examination period , in which case
the system operator shall pay all of the reasonable and actual costs of
the audit . Any undisputed amount or refund due to the political
subdivision or the system operator shall be paid within sixty ( 60 ) days ,
plus interest at the statutory rate on civil judgments .
( 6 ) A system operator may identify and collect the amount of the
video service provider fee as a separate line item on the regular bill of
e ach subscriber .
( 7 ) Any city annexing lands shall notify a system operator in writing
o f any such annexation , including a description of the territory annexed .
Beginning the first day of the calendar quarter occurring after the system
operator has received at least forty- five ( 45 ) days ' notice of annexation
o f customers into the city ' s corporate limits , subscribers within such
annexed territory shall , for purposes of this section , be considered to be
city subscribers .
History :
[ 50 - 3007 , added 2012 , ch . 207 , sec . 1 , p . 557 . ]
•
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service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
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• Statutes Page 1 of 1
•
x ' Idaho Statutes
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 . ]
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an Wringer of the stale of Idaho 's
copyright
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Statutes Page 1 of 1
Idaho Statutes
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 . ]
The Idaho Code is the properly of the state of'Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
copyright.
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Statutes Page 1 of 3
Idaho Statutes
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 a channel location assigned to
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any PEG channel without written notice to the affected political
subdivision at least sixty ( 60 ) days before the date on which the
change is to become effective .
( f ) The PEG agency producing the PEG programming and transmitting it
to the system operator shall ensure that all transmissions , content or
programming to be transmitted to the system operator are provided or
submitted in a manner or form that is capable of being accepted and
transmitted by the system operator over its video service network
without alteration or change in the content or transmission signal and
is compatible with the technology or protocol utilized by the system
operator to deliver its video service . If the PEG agency cannot
produce or maintain PEG programming in that manner or form , the agency
shall do so in a manner that conforms to the then existing industry
standards . If a change by the PEG agency in the manner or form of the
content or programming is required , and such change conforms to the
then existing industry standards , the system operator shall accept
such programming for transmission over its video service network in
the manner that is most economical to the system operator .
( 2 ) The production and content of any programming aired on any
channel provided for PEG use shall be solely the responsibility of the
public , educational and governmental agencies receiving the benefit of
such capacity . The system operator shall bear the responsibility for the
transmission of such content only to the extent that such content complies
with the requirements of subsection ( 1 ) ( f ) of this section .
( 3 ) Governmental entities utilizing channels for PEG use shall make
the programming available to all video service providers providing service
within such governmental entity ' s jurisdiction in a nondiscriminatory
manner _ Each system operator shall be responsible for providing one ( 1 )
point of connectivity to the governmental entity ' s PEG channel
distribution point within the jurisdiction to be served . The governmental
entity providing programming for use on a channel designated for PEG use
may request a change of the point of connectivity but shall pay the system
operator for all costs associated with the change of the point of
connectivity .
( 4 ) No franchising entity may require a video service provider to
• provide any institutional network or equivalent capacity on its video
service network .
( 5 ) Where technically feasible , a system operator shall use
reasonable efforts to interconnect its video network for the purposes of
sharing PEG programming with other video service providers .
Interconnection may be accomplished by direct cable , microwave link ,
satellite or other reasonable method of connection . System operators shall
negotiate in good faith to provide interconnection of PEG channels . The
video service provider requesting interconnection shall pay all costs for
such interconnection .
( 6 ) The operation of any PEG channel provided pursuant to this
section and the production of any programming that appears on each such
channel shall be the sole responsibility of the governmental entity
receiving the benefit of such channel , and the system operator shall bear
only the responsibility for the transmission of the programming on each
such channel to subscribers and the initial cost of connecting to existing
and obligated PEG access channels .
History :
[ 50 - 3010 , added 2012r ch . 207 , sec . 1 , p . 560 . ]
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Statutes Page 3 of 3
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code Pr commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an Wringer of the slate of Idaho 's
copyright.
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Statutes Page 1 of 1.
r
Idaho Statutes
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 . ]
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public
service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in
violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho 's
copyright.
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