2007 Video Franchising Legislation
July 2, 2007
Sources: State Net, TIA State Video Franchise Tracker, and individual state legislation tracking websites
California
A.B. 1715  Download PDF Version
Clarifies how local tax assessors are to determine the value of cable television possessory interests created in a cable television franchise or license granted by a local government.
S.B. 380 Download PDF Version
Corrects several cross-references and makes other nonsubstantive changes to the Digital Infrastructure and Video Competition Act of 2006.
Colorado
H.B. 1222 Download PDF Version
Requires the Public Utilities Commission to authorize companies to offer cable and video service to provide greater consumer choice; imposes build-out requirements on the predominant service provider within specified geographic areas; requires service providers to carry public, educational, and government programming; prohibits localities from discriminating among providers with respect to rights-of-way, pole attachment, and building access; determines allowable fees; and provides for enforcement.
Connecticut
H.B. 7182
Public Act 07-253 06/28/07
Requires that anyone involved with community antenna television systems obtain a certificate of public convenience and necessity; requires all other video service providers to apply to the Public Utilities Commission for a certificate of video franchise authority and pay a $1,000 fee; directs the Public Utilities Commission to issue the certificate of video franchise authority no later than 30 days after notifying applicant that submitted application is complete; prohibits requiring certified provider to comply with build-out requirements or use any specific technology, but allows requiring capacity for community access programming as well as a free drop for basic service to libraries, schools, colleges, and universities; and prohibits providers from denying access to residential subscribers based on income.
Florida
H.B. 529 Download PDF Version
Signed by governor, Chapter No. 2007-29 05/18/2007
Prohibits counties and municipalities from negotiating terms and conditions regarding cable and video services; deletes authorization for counties and municipalities to award cable service franchises and restriction that cable service companies not operate without such franchise; designates the Department of State as authorizing authority; and prohibits discrimination among cable and video subscribers.
H.B. 855/S.B. 1772 Download PDF Version
Prohibits counties and municipalities from negotiating terms and conditions regarding cable services; deletes authorization for counties and municipalities to award cable service franchises and restriction that cable service companies not operate without such franchise; and designates the Department of State as the franchising authority.
Georgia
H.B. 227 Download PDF Version
Signed by governor, Act No. 368 05/30/07
Expedites franchising of cable and video services; provides franchise options for cable and video service providers; provides for issuance of a state franchise, transfers, modifications or terminations of a franchise, and franchise fees; requires customer service; provides for educational and governmental programming; provides complimentary basic cable or video service to public schools and libraries; limits requirements on a franchisee; and prohibits discrimination towards potential residential subscribers.
Idaho
H.B. 192
Provides requirements, procedures and authority for the provision of cable or video service within the state of Idaho; provides requirements and procedures for customer access to community programming; provides for service provider fees; and provides for nondiscrimination by governmental entities relating to the use of public rights-of-way.
H.B. 195
Revises regulation of cable television services; provides authorizations required to provide video service in the form of a franchising authority; provides when a franchise is required; provides for granting and termination of a franchise; provides for transfers; and provides for franchise fees or other fees.
Illinois
H.B. 1500 Download PDF Version
Creates the Cable and Video Competition Law of 2007. Mandates that anyone seeking to provide cable or video service file an application with and obtain authorization from the Illinois Commerce Commission.
Iowa
S.F. 368
Provides for cable and video service competition, entry of new providers, and consumer choice by requiring providers to obtain a franchise issued by either the utilities board or by a municipality; franchises shall be issued by the board within 15 days of receipt of a completed application; prohibits municipalities from imposing build-out requirements but allows requiring capacity for community access programming; and provides for franchise fees.
S.F. 554
Signed by governor 05/29/07
Provides for cable and video service competition, entry of new providers, and consumer choice by requiring providers to obtain a franchise issued by either the utilities board or by a municipality; franchises shall be issued by the board within 15 days of receipt of a completed application; prohibits municipalities from imposing build-out requirements but allows requiring capacity for community access programming; and provides for franchise fees.
Missouri
S.B. 284 Download PDF Version
Signed by governor 03/22/07
Provides for state-issued video service franchising; provides the procedures for the application process with the Public Service Commission; provides that the authorization includes authority to provide political subdivisions service and to construct video service networks across and along public rights-of-way; prohibits any additional requirements by the political subdivision; and authorizes a fee to be charged by each political subdivision on the gross revenue from each service provider.
New York
A.B. 1423
Establishes statewide cable franchises for the purposes of competitive cable service; requires individuals to file applications if they wish to provide cable services; enumerates the public service commission's responsibilities with respect to the franchising; and provides that a franchise shall exist for five years.
S.B. 744
Permits a video service provider to file for a state-wide franchise with the public service commission while preserving some local regulatory authority over franchisees; adopts rules regarding fees, public, educational and government channels, rights-of-way, service for schools, hospitals, and other organizations, and consumer protections; and contains build-out requirements.
Ohio
S.B. 117 Download PDF Version
Sent to governor 06/22/07
Provides for issuance of video service authorizations by the Director of Commerce.
South Carolina
H.B. 3396
Signed by governor, Act No. 8 03/30/07
Provides purposes, funding, and preemption provisions in regard to cable television services, to include video services; relates to state-issued certificates of franchise authority; makes the provisions of this article applicable to video services provided through wireline facilities; and revises the definition of retail telecommunications services.
S.B. 374
Provides for the exclusion of video services from the definition of retail telecommunications services; provides for the franchising of cable services; and includes video service providers as a group authorized to receive state-issued certificates of franchise authority.
Tennessee
H.B. 1421/S.B. 1933 Download PDF Version
Offers entering video service providers choice between municipal and state franchising; prohibits build-out requirements; and limits municipal franchise fees.
Utah
S.B. 209 Download PDF Version
Provides for state franchising authority for video services.
Washington
H.B. 1983 Download PDF Version
Promotes competition for video services; and states that there has been only minimal competitive entry into the facilities-based video programming market since the state's franchising requirements were first enacted.
S.B. 6003 Download PDF Version
Provides competition among cable television service providers by allowing statewide authorization for private entities to provide cable or video services in competition with incumbent cable television operators.
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