House File 2279 - Reprinted HOUSE FILE 2279 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 555) (As Amended and Passed by the House April 19, 2024 ) A BILL FOR An Act relating to public utilities, including energy 1 production, public utility affiliates, and cable and video 2 service. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2279 (2) 90 lh/js/md
H.F. 2279 DIVISION I 1 ENERGY PRODUCTION 2 Section 1. Section 364.2, subsection 4, Code 2024, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . h. (1) When a person requests a franchise 5 for a merchant line as defined in section 478.6A and that 6 requester possesses a franchise issued by the Iowa utilities 7 board outside of a city, and when the proposed merchant line 8 is more than fifty miles in total length within the state and 9 will be underground within the limits of the city, all of the 10 following apply: 11 (a) A person shall submit a written franchise request 12 including the proposed terms and conditions of the franchise. 13 (b) Upon receipt of the franchise request for a merchant 14 line, a city shall conduct a hearing pursuant to this 15 subsection. The city and the person may negotiate the terms 16 of a franchise prior to the approval of an ordinance. A city 17 may not unreasonably refuse to grant a franchise for a merchant 18 line. If the city denies the franchise request, the city shall 19 provide the person with a written denial of the franchise based 20 on substantial evidence in the record demonstrating that the 21 proposed transmission line would have a significant adverse 22 impact on the health or safety of the citys residents or 23 public facilities that would not have been considered by the 24 Iowa utilities board. 25 (c) If the city has not held the required hearing or has not 26 acted on a request for a franchise for a merchant line within 27 ninety days of the receipt of the request, notwithstanding any 28 other terms of the Code, the franchise is deemed approved by 29 the city. If a request is timely denied, the person may seek a 30 certiorari judicial review by filing a petition either in Polk 31 county district court or in the district court for the county 32 in which the petitioner resides or the principal place of the 33 requester for the merchant line. 34 (d) This subsection applies to eligible merchant lines for 35 -1- HF 2279 (2) 90 lh/js/md 1/ 15
H.F. 2279 which a franchise has been granted pursuant to chapter 478 1 prior to the effective date of this subsection. 2 (2) This paragraph is repealed effective January 1, 2026. 3 Sec. 2. Section 476.42, subsection 1, paragraph a, 4 subparagraph (1), Code 2024, is amended to read as follows: 5 (1) A solar, wind turbine, electric storage unit, nuclear, 6 waste management, resource recovery, refuse-derived fuel, 7 agricultural crops or residues, or woodburning facility. For 8 purposes of this definition only, waste management includes a 9 facility using plasma gasification to produce synthetic gas, 10 either as a stand-alone fuel or for blending with natural gas, 11 the output of which is used to generate electricity or steam. 12 For purposes of this definition only, plasma gasification 13 means the thermal dissociation of carbonaceous material into 14 fragments of compounds in an oxygen-starved environment. 15 Sec. 3. Section 476.48, subsection 6, Code 2024, is amended 16 by striking the subsection. 17 Sec. 4. Section 476A.1, subsection 5, Code 2024, is amended 18 to read as follows: 19 5. Facility means any electric power generating plant , 20 electric storage unit, or a combination of plants or units 21 at a single site, owned by any person, with a total capacity 22 of twenty-five or more megawatts of electricity for plants 23 or twenty-five or more megawatt hours of electricity for 24 electric storage units, and those associated transmission lines 25 connecting the generating plant or electric storage unit to 26 either a power transmission system or an interconnected primary 27 transmission system or both. Transmission lines subject to the 28 provisions of this subchapter shall not require a franchise 29 under chapter 478 . 30 DIVISION II 31 PUBLIC UTILITY AFFILIATES 32 Sec. 5. Section 476.74, subsection 5, Code 2024, is amended 33 to read as follows: 34 5. Exemption. The provisions of this section requiring 35 -2- HF 2279 (2) 90 lh/js/md 2/ 15
H.F. 2279 filing of contracts or agreements with the board shall not 1 apply to transactions with an affiliate where the amount of 2 consideration involved is not in excess of fifty thousand 3 dollars or five percent of the capital equity of the utility, 4 whichever is smaller two hundred fifty thousand dollars . 5 However, regularly recurring payments under a general or 6 continuing arrangement which that aggregate a greater annual 7 amount shall not be broken down into a series of transactions 8 to come within this exemption. In any proceeding involving 9 the rates, charges , or practices of the public utility, the 10 board may exclude from the accounts of the public utility any 11 unreasonable payment or compensation made pursuant to any 12 contract or arrangement which that is not required to be filed 13 under this subsection . 14 DIVISION III 15 CABLE OR VIDEO SERVICE 16 Sec. 6. Section 474.1, subsection 4, Code 2024, is amended 17 to read as follows: 18 4. As used in this chapter and chapters 475A , 476 , 476A , 19 477A, 477C , 478 , 479 , 479A , and 479B , board and utilities 20 board mean the Iowa utilities board. 21 Sec. 7. Section 477A.1, Code 2024, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 2A. Cable or video service includes the 24 terms cable service , cable system , and video service . 25 NEW SUBSECTION . 4A. Competitive cable or video service 26 provider includes the terms competitive cable service provider 27 and competitive video service providers . 28 Sec. 8. Section 477A.1, subsection 7, Code 2024, is amended 29 to read as follows: 30 7. Franchise means an initial authorization, or renewal 31 of an authorization, issued by the board or a municipality, 32 regardless of whether the authorization is designated as a 33 franchise, permit, license, resolution, contract, certificate, 34 agreement, or otherwise, that authorizes the construction and 35 -3- HF 2279 (2) 90 lh/js/md 3/ 15
H.F. 2279 operation of a cable system person to erect, maintain, and 1 operate plants and systems for the provision of a cable or 2 video service providers network in a public right-of-way. 3 Sec. 9. Section 477A.1, subsection 9, paragraph a, Code 4 2024, is amended to read as follows: 5 a. Gross revenues means all consideration of any kind or 6 nature, including but not limited to cash, credits, property, 7 and in-kind contributions , received from subscribers for the 8 provision of cable service over a cable system by a competitive 9 cable service provider or for the provision of or video service 10 by a competitive cable or video service provider within a 11 municipalitys jurisdiction. Gross revenues are limited to the 12 following: 13 (1) Recurring charges for cable service or video service. 14 (2) Event-based charges for cable service or video service, 15 including but not limited to pay-per-view and video-on-demand 16 charges. 17 (3) Rental of set-top boxes and other cable service or video 18 service equipment. 19 (4) Service charges related to the provision of cable 20 service or video service, including but not limited to 21 activation, installation, and repair charges. 22 (5) Administrative charges related to the provision of 23 cable service or video service, including but not limited to 24 service order and service termination charges. 25 (6) A pro rata portion of all revenue derived, less refunds, 26 rebates, or discounts, by a cable service provider or a video 27 service provider for advertising over the cable service or 28 video service network to subscribers within the franchise area 29 where the numerator is the number of subscribers within the 30 franchise area, and the denominator is the total number of 31 subscribers reached by such advertising. This subparagraph 32 applies only to municipalities that include this provision in 33 their franchise agreements as of January 1, 2007. 34 Sec. 10. Section 477A.1, subsection 9, paragraph b, 35 -4- HF 2279 (2) 90 lh/js/md 4/ 15
H.F. 2279 subparagraphs (2), (4), (5), (6), (7), (8), (9), and (11), Code 1 2024, are amended to read as follows: 2 (2) Revenues received by any affiliate or any other person 3 in exchange for supplying goods or services used by the person 4 providing cable service or video service. 5 (4) Regardless of whether the services are bundled, 6 packaged, or functionally integrated with cable service 7 or video service, any revenues derived by the holder of 8 a certificate of franchise authority from services not 9 classified as cable service or video service, including, 10 without limitation, revenue received from telecommunications 11 services, revenue received from information services, revenue 12 received in connection with home-shopping services, or any 13 other revenues attributed by the competitive cable service 14 provider or competitive video service provider to noncable 15 service or nonvideo service in accordance with the holders 16 books and records kept in the regular course of business and 17 any applicable rules, regulations, standards, or orders. 18 (5) Revenues paid by subscribers to home-shopping 19 programmers directly from the sale of merchandise through any 20 home-shopping channel offered as part of the cable services or 21 video services. 22 (6) Revenues from the sale of cable services or video 23 services for resale in which the purchaser is required to 24 collect the franchise fee from the purchasers customer. 25 (7) Revenues from any tax of general applicability imposed 26 upon the competitive cable service provider or competitive 27 video service provider or upon subscribers by a city, state, 28 federal, or any other governmental entity and required to 29 be collected by the competitive cable service provider or 30 competitive video service provider and remitted to the taxing 31 entity, including but not limited to sales or use tax, gross 32 receipts tax, excise tax, utility users tax, public service 33 tax, and communication taxes, and including the franchise fee 34 imposed under section 477A.7 . 35 -5- HF 2279 (2) 90 lh/js/md 5/ 15
H.F. 2279 (8) Revenues forgone from the provision of cable services 1 or video services to public institutions, public schools, or 2 governmental entities at no charge. 3 (9) Revenues forgone from the competitive cable service 4 providers or competitive video service providers provision of 5 free or reduced-cost video service to any person, including, 6 without limitation, any municipality and other public 7 institutions or other institutions. 8 (11) Revenues from reimbursements by programmers of 9 marketing costs incurred by the competitive cable service 10 provider or competitive video service provider for the 11 introduction or promotion of new programming. 12 Sec. 11. Section 477A.2, Code 2024, is amended to read as 13 follows: 14 477A.2 Certificate of franchise authority requirement. 15 1. After July 1, 2007, a person providing cable service 16 or video service in this state shall not provide such service 17 without a franchise. The franchise may be issued by either the 18 board pursuant to section 477A.3 or by a municipality pursuant 19 to section 364.2 . 20 2. a. A person providing cable service or video service 21 under a franchise agreement with a municipality prior to July 22 1, 2007, is not subject to this section with respect to such 23 municipality until the franchise agreement expires or is 24 converted pursuant to subsection 6 . 25 b. Upon expiration of a franchise, a person may choose to 26 renegotiate a franchise agreement with a municipality or may 27 choose to obtain a certificate of franchise authority under 28 this chapter . An application for a certificate of franchise 29 authority pursuant to this subsection may be filed within 30 sixty days prior to the expiration of a municipal franchise 31 agreement. A certificate of franchise authority obtained 32 pursuant to an application filed prior to the expiration of 33 a municipal franchise agreement shall take effect upon the 34 expiration date of the municipal franchise agreement. 35 -6- HF 2279 (2) 90 lh/js/md 6/ 15
H.F. 2279 c. A municipal utility that provides cable service or 1 video service in this state is not subject to this section and 2 shall not be required to obtain a certificate of franchise 3 authority pursuant to this chapter in the municipality in 4 which the provision of cable service or video service by that 5 municipality was originally approved. 6 3. For purposes of this section , a person providing 7 cable service or video service is deemed to have executed a 8 franchise agreement to provide cable service or video service 9 with a specific municipality if an affiliate or predecessor 10 of the person providing cable service or video service has 11 or had executed an unexpired franchise agreement with that 12 municipality as of May 29, 2007. 13 4. A competitive cable service provider or competitive 14 video service provider shall provide at least thirty days 15 notice to each municipality with authority to grant a franchise 16 in the service area, and to the incumbent cable or video 17 provider, in which the competitive cable service provider or 18 competitive video service provider is granted authority to 19 provide service under a certificate of franchise authority that 20 the competitive cable service provider or competitive video 21 service provider will offer cable services or video services 22 within the jurisdiction of the municipality, and shall not 23 provide service without having provided such thirty days 24 notice. A copy of the notice shall be filed with the board on 25 the date that the notice is provided. All notices required by 26 this subsection shall be sent by certified mail. 27 5. As used in this section , affiliate includes but is 28 not limited to a person that directly, or indirectly through 29 one or more intermediaries, controls, is controlled by, or is 30 under common control with a person receiving, obtaining, or 31 operating under a franchise agreement with a municipality to 32 provide cable service or video service through merger, sale, 33 assignment, restructuring, or any other type of transaction. 34 6. If a competitive cable service provider or a competitive 35 -7- HF 2279 (2) 90 lh/js/md 7/ 15
H.F. 2279 video service provider applies for a certificate of franchise 1 authority to operate within a municipality, the incumbent 2 cable provider may, at its discretion, apply for a certificate 3 of franchise authority for that same municipality. Such 4 application shall be automatically granted on the same day 5 as a competitive cable service provider or competitive video 6 service provider files a thirty days notice of offering 7 service as required pursuant to subsection 4 . The franchise 8 agreement with the municipality is terminated on the date the 9 board issues the certificate of franchise authority to an 10 incumbent cable provider. The terms and conditions of the 11 certificate of franchise authority shall be the same as the 12 terms and conditions of a competitive cable service provider or 13 a competitive video service provider pursuant to this chapter 14 and shall replace the terms and conditions of the franchise 15 agreement previously granted by the municipality. 16 Sec. 12. Section 477A.3, subsection 1, paragraphs a, c, d, 17 and f, Code 2024, are amended to read as follows: 18 a. That the applicant has filed or will timely file with 19 the federal communications commission all forms required by 20 the commission in advance of offering cable service or video 21 service in this state. 22 c. That the applicant agrees to comply with all applicable 23 state laws and nondiscriminatory municipal ordinances and 24 regulations regarding the use and occupation of a public 25 right-of-way in the delivery of the cable service or video 26 service, to the extent consistent with this chapter , including 27 the police powers of the municipalities in which the service 28 is delivered. 29 d. A description of the service area to be served and the 30 municipalities to be served by the applicant , which may include 31 certain designations of unincorporated areas. This description 32 shall be updated by the applicant prior to the expansion of 33 cable service or video service to a previously undesignated 34 service area and, upon such expansion, notice shall be given to 35 -8- HF 2279 (2) 90 lh/js/md 8/ 15
H.F. 2279 the board of the service area to be served by the applicant. 1 f. Documentation that the applicant possesses sufficient 2 managerial, technical, and financial capability to provide the 3 cable service or video service proposed in the service area. 4 Sec. 13. Section 477A.3, subsection 1, paragraph g, Code 5 2024, is amended by striking the paragraph. 6 Sec. 14. Section 477A.3, subsections 5 and 9, Code 2024, are 7 amended to read as follows: 8 5. The certificate of franchise authority issued by the 9 board shall contain all of the following: 10 a. A grant of authority to provide cable service or video 11 service in the service area designated in the application. 12 b. A grant of authority to use and occupy the public 13 right-of-way in the delivery for the purpose of erecting, 14 maintaining, and operating plants and systems for the provision 15 of cable service or video service, subject to the laws of this 16 state, including the police powers of the municipalities in 17 which the service is delivered. 18 c. A statement that the grant of authority provided by the 19 certificate is subject to the lawful operation of the cable 20 service or video service by the applicant or the applicants 21 successor. 22 d. A statement that the franchise is for a term of ten 23 twenty-five years, is renewable under the terms of this 24 section , and is nonexclusive. 25 9. The certificate of franchise authority issued by the 26 board may be terminated by a person providing cable service or 27 video service by submitting written notice to the board and 28 any affected municipality. Neither the board nor an affected 29 municipality shall have authority to review or require approval 30 of such termination. 31 Sec. 15. Section 477A.3, subsection 6, paragraph a, Code 32 2024, is amended to read as follows: 33 a. If the holder of a certificate of franchise authority 34 fails to commence operation of a cable system or video service 35 -9- HF 2279 (2) 90 lh/js/md 9/ 15
H.F. 2279 network within twelve months from the date the application is 1 granted, the board may determine that the applicant is not in 2 compliance with the certificate of franchise authority and may 3 revoke the certificate. 4 Sec. 16. Section 477A.3, subsection 7, paragraph a, Code 5 2024, is amended to read as follows: 6 a. In the event that an applicant granted a certificate 7 of franchise authority subsequently ceases to engage in 8 construction or operation of a cable system or video service 9 network and is no longer providing service, the applicant 10 shall notify the municipality, the board, and the incumbent 11 cable provider on the date that construction or service is 12 terminated. 13 Sec. 17. Section 477A.4, Code 2024, is amended to read as 14 follows: 15 477A.4 Applicability to federal law. 16 To the extent required by applicable law, a certificate of 17 franchise authority issued under this chapter shall constitute 18 a franchise for the purposes of 47 U.S.C. 541(b)(1). To 19 the extent required for the purposes of 47 U.S.C. 521 20 561, only the state of Iowa shall constitute the exclusive 21 franchising authority for competitive cable service providers 22 and competitive video service providers in this state. 23 Sec. 18. Section 477A.6, subsections 1 and 2, Code 2024, are 24 amended to read as follows: 25 1. Not later than one hundred eighty days after a request by 26 a municipality in which a competitive cable service provider or 27 a competitive video service provider is providing cable service 28 or video service, the holder of the certificate of authority 29 for that municipality shall designate a sufficient amount of 30 capacity on the certificate holders communications network 31 to allow the provision of a comparable number of public, 32 educational, and governmental channels that the incumbent cable 33 provider in the municipality has activated and provided in the 34 municipality under the terms of a franchise agreement with a 35 -10- HF 2279 (2) 90 lh/js/md 10/ 15
H.F. 2279 municipality prior to July 1, 2007. If no such channels are 1 active, the municipality may request a maximum of three public, 2 educational, and governmental channels for a municipality 3 with a population of at least fifty thousand, and a maximum 4 of two public, educational, and governmental channels for a 5 municipality with a population of less than fifty thousand. 6 a. The public, educational, and governmental content to 7 be provided pursuant to this section and the operation of 8 the public, educational, and governmental channels shall be 9 the responsibility of the municipality receiving the benefit 10 of such capacity. The holder of a certificate of franchise 11 authority shall be responsible only for the transmission of 12 such content, subject to technological restraints. 13 b. The municipality receiving capacity under this section 14 shall ensure that all transmissions, content, or programming to 15 be transmitted by the holder of the certificate of franchise 16 authority are provided or submitted to the competitive 17 cable service provider or competitive video service provider 18 in a manner or form that is capable of being accepted and 19 transmitted by the competitive cable service provider or 20 competitive video service provider, without requirement for 21 additional alteration or change in the content, over the 22 particular network of the competitive cable service provider 23 or competitive video service provider, which is compatible 24 with the technology or protocol utilized by the competitive 25 cable service provider or competitive video service provider 26 to deliver services. At its election the municipality may 27 reasonably request any cable service provider or video service 28 provider to make any necessary change to the form of any 29 programming, furnished for transmission, which shall be charged 30 to the municipality, not to exceed the providers incremental 31 costs. The municipality shall have up to twelve months to 32 reimburse the cable service provider or video service provider. 33 The provision of such transmissions, content, or programming 34 to the competitive cable service provider or competitive video 35 -11- HF 2279 (2) 90 lh/js/md 11/ 15
H.F. 2279 service provider shall constitute authorization for such 1 holder to carry such transmissions, content, or programming, 2 at the holders option, beyond the jurisdictional boundaries 3 stipulated in any franchise agreement. 4 2. Where technically feasible, a competitive cable service 5 provider or competitive video service provider that is a holder 6 of a certificate of franchise authority and an incumbent 7 cable provider shall use reasonable efforts to interconnect 8 the cable or video communications network systems of the 9 certificate holder and incumbent cable provider for the purpose 10 of providing public, educational, and governmental programming. 11 Interconnection may be accomplished by direct cable, microwave 12 link, satellite, or other reasonable method of connection. A 13 holder of a certificate of franchise authority and an incumbent 14 cable provider shall negotiate in good faith and an incumbent 15 cable provider shall not withhold interconnection of public, 16 educational, or governmental channels. 17 Sec. 19. Section 477A.7, subsections 1 and 3, Code 2024, are 18 amended to read as follows: 19 1. a. In any service area in which a competitive cable 20 service provider or a competitive video service provider 21 holding a certificate of franchise authority offers or provides 22 cable service or video service, the competitive cable service 23 provider or competitive video service provider shall calculate 24 and pay a franchise fee to the municipality with authority to 25 grant a certificate of franchise authority in that service area 26 upon the municipalitys written request. If the municipality 27 makes such a request, the franchise fee shall be due and paid 28 to the municipality on a quarterly basis, not later than 29 forty-five days after the close of the quarter, and shall be 30 calculated as a percentage of gross revenues. The municipality 31 shall not demand any additional franchise fees from the 32 competitive cable service provider or competitive video service 33 provider, and shall not demand the use of any other calculation 34 method for the franchise fee. 35 -12- HF 2279 (2) 90 lh/js/md 12/ 15
H.F. 2279 b. All cable service providers and video service providers 1 shall pay a franchise fee at the same percent of gross revenues 2 as had been assessed on the incumbent cable provider by the 3 municipality as of January 1, 2007, and such percentage shall 4 continue to apply for the period of the remaining term of the 5 existing franchise agreement with the municipality. Upon 6 expiration of the period of the remaining term of the agreement 7 with the incumbent cable service provider, a municipality may 8 request an increase in the franchise fee up to five percent of 9 gross revenues. 10 c. A provider who is both a competitive cable service 11 provider and a competitive video service provider shall be 12 subject to and only be required to pay one franchise fee to a 13 municipality under this subsection regardless of whether the 14 provider provides both cable service and video service. 15 d. At the request of a municipality and not more than once 16 per year, an independent auditor may perform reasonable audits 17 of the competitive cable service providers or competitive 18 video service providers calculation of the franchise fee under 19 this subsection . The municipality shall bear the costs of 20 any audit requested pursuant to this subsection , unless the 21 audit discloses that the competitive cable service provider or 22 competitive video service provider has underpaid franchise fees 23 by more than five percent, in which case the competitive cable 24 service provider or competitive video service provider shall 25 pay all of the reasonable and actual costs of the audit. 26 e. A competitive cable service provider or competitive video 27 service provider may identify and collect the amount of the 28 franchise fee as a separate line item on the regular bill of 29 each subscriber. 30 3. a. If an incumbent cable provider is required by 31 a franchise agreement as of January 1, 2007, to provide 32 institutional network capacity to a municipality for use by 33 the municipality for noncommercial purposes, the incumbent 34 cable provider and any subsequent holder of a certificate of 35 -13- HF 2279 (2) 90 lh/js/md 13/ 15
H.F. 2279 franchise authority shall provide support only for the existing 1 institutional network on a pro rata basis per customer. Any 2 financial support provided for an institutional network shall 3 be limited to ongoing maintenance and support of the existing 4 institutional network. This subsection shall be applicable 5 only to a cable service providers or video service providers 6 first certificate of franchise authority issued under this 7 chapter , and shall not apply to any subsequent renewals. For 8 the purposes of this subsection , maintenance and support shall 9 only include the reasonable incremental cost of moves, changes, 10 and restoring connectivity of the fiber or coaxial cable lines 11 up to a demarcation point at the building. 12 b. For purposes of this subsection , the number of customers 13 of a cable service provider or video service provider shall 14 be determined based on the relative number of subscribers in 15 that municipality at the end of the prior calendar year as 16 reported to the municipality by all incumbent cable providers 17 and holders of a certificate of franchise authority. Any 18 records showing the number of subscribers shall be considered 19 confidential records pursuant to section 22.7 . The incumbent 20 cable provider shall provide to the municipality, on an annual 21 basis, the maintenance and support costs of the institutional 22 network, subject to an independent audit. A municipality 23 acting under this subsection shall notify and present a bill 24 to competitive cable service providers or competitive video 25 service providers for the amount of such support on an annual 26 basis, beginning one year after issuance of the certificate of 27 franchise authority. The annual institutional network support 28 shall be due and paid by the providers to the municipality in 29 four quarterly payments, not later than forty-five days after 30 the close of each quarter. The municipality shall reimburse 31 the incumbent cable provider for the amounts received from 32 competitive cable service providers or competitive video 33 service providers. 34 c. This subsection shall not apply if the incumbent 35 -14- HF 2279 (2) 90 lh/js/md 14/ 15
H.F. 2279 cable service provider is a municipal utility providing 1 telecommunications services under section 388.10 . 2 Sec. 20. Section 477A.10, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. A competitive cable service provider or competitive 5 video service provider holding a certificate of franchise 6 authority shall not deny access to any group of potential 7 residential subscribers because of the income of residents in 8 the local area in which such group resides. 9 Sec. 21. Section 477A.10, subsection 3, paragraph a, 10 subparagraph (3), Code 2024, is amended to read as follows: 11 (3) These dwelling units do not have cable or video service 12 available from another cable service provider or video service 13 provider. 14 Sec. 22. Section 477A.10, subsection 3, paragraph b, Code 15 2024, is amended to read as follows: 16 b. This subsection shall be applicable only after the first 17 date on which the video service provider operating under a 18 certificate of franchise authority is providing cable service 19 or video service to more than fifty percent of all cable and 20 video subscribers receiving cable or video service from the 21 holders of certificates of franchise authority and any other 22 providers of cable or video services operating under franchise 23 agreements with a municipality. 24 -15- HF 2279 (2) 90 lh/js/md 15/ 15