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Regular Session, 2010
HOUSE BILL NO. 461
BY REPRESENTATIVE HARRISON
TELECOMMUNICATIONS: Provides for regulation of telecommunications by the La.
Public Service Commission
AN ACT1
To amend and reenact R.S. 45:1363(4), 1364(A), (B)(introductory paragraph),2
(C)(introductory paragraph), (D), (E), and (G) and 1365(A)(2) and (B)(introductory3
paragraph) and (1), to enact R.S. 45:1363(16) and 1379, and to repeal R.S.4
45:1364(I), relative to regulation of telecommunications; to provide that the public5
service commission issues certificates; to provide for regulation of6
telecommunications by the public service commission; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 45:1363(4), 1364(A), (B)(introductory paragraph), (C)(introductory10
paragraph), (D), (E), and (G) and 1365(A)(2) and (B)(introductory paragraph) and (1) are11
hereby amended and reenacted and R.S. 45:1363(16) and 1379 are hereby enacted to read12
as follows: 13
§1363. Definitions14
When used in this Chapter:15
* * *16
(4) "Certificate" means the certificate of franchise authority issued by the17
secretary of state commission to a person or entity to provide cable service or video18
service in this state.19
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(16) "Commission" means the Louisiana Public Service Commission.1
§1364. Certificate issued by the state; eligibility2
A. Any person or entity seeking to provide cable service or video service in3
this state after August 15, 2008, shall file an application for a state franchise with the4
secretary of state commission as required by this Section and shall provide a copy5
of such application simultaneously to each local governmental subdivision listed in6
Paragraph (B)(2) of this Section.7
B. The secretary of state commission shall issue a certificate authorizing the8
applicant to offer cable service or video service in this state within thirty days of9
receipt of an application, which shall consist of an affidavit submitted by the10
applicant and signed by an officer or general partner of the applicant affirming all11
of the following items:12
* * *13
C. The certificate issued by the secretary of state commission shall be14
effective thirty days after issuance and shall contain all of the following:15
* * *16
D. The certificate issued by the secretary of state commission is fully17
transferable to any successor in interest to the applicant to which it is initially18
granted. A notice of transfer shall be promptly filed with the secretary of state19
commission within ten days of the completion of the transfer.20
E. The certificate issued pursuant to this Chapter may be terminated by the21
cable service provider or video service provider by submitting written notice of the22
termination to the secretary of state commission.23
* * *24
G. The failure of the secretary of state commission to notify the applicant of25
the incompleteness of the applicant's affidavit or issue a certificate before the26
thirtieth day after receipt of a completed affidavit shall constitute issuance of the27
certificate applied for without further action on behalf of the applicant.28 HLS 10RS-1248 ORIGINAL
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§1365. State franchise; effect on existing local franchise agreement1
A. Any incumbent service provider providing cable service or video service2
in this state on August 15, 2008, under a franchise previously granted by a local3
governmental subdivision is not subject to nor may it avail itself of the state-issued4
certificate of franchise authority provisions of this Chapter with respect to that local5
governmental subdivision until such franchise expires or as provided in this Section.6
Notwithstanding any other provision of law to the contrary, any such cable service7
provider or video service provider may offer cable service or video service under a8
state-issued certificate of franchise authority in accordance with the provisions of9
this Chapter upon meeting one of the following circumstances:10
* * *11
(2) The filing of a statement of termination in the form of an affidavit with12
the secretary of state commission setting forth a mutually agreed upon date to13
terminate the existing franchise set by both the local governmental subdivision14
issuing the existing franchise and the incumbent service provider subject to the15
existing franchise.16
* * *17
B. Any incumbent service provider shall have the option to terminate an18
existing franchise previously issued by a local governmental subdivision and may19
instead offer cable service or video service in such local governmental subdivision20
under a certificate of state franchise issued by the secretary of state commission in21
accordance with the provisions of R.S. 45:1364, provided the following requirements22
are satisfied by any such incumbent service provider:23
(1) An incumbent service provider exercising its termination option shall file24
a statement of termination with the secretary of state commission in the form of an25
affidavit containing the information required by R.S. 45:1364(B) and submit copies26
of such filing with any affected local governmental subdivision. Termination of27 HLS 10RS-1248 ORIGINAL
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existing franchises is effective immediately upon the effective date of the certificate1
of state franchise issued by the secretary of state commission.2
* * *3
§1379. Rules and regulations4
The commission shall have regulatory authority over implementation of5
provisions of this Chapter. The commission shall adopt and promulgate rules and6
regulations needed to implement the provisions of this Chapter. The rules and7
regulations shall be adopted and promulgated in accordance with the Administrative8
Procedure Act and shall include, but not be limited to the regulation of cable service,9
video programming, and video service.10
Section 2. R.S. 45:1364(I) is hereby repealed in its entirety.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 461
Abstract: Provides for regulations of telecommunications by the La. Public Service
Commission.
Proposed law defines "commission" as the La. Public Service Commission.
Present law requires any person or entity seeking to provide cable or video service in this
state to file an application for a state franchise with the secretary of state.
Proposed law changes present law by requiring the person or entity to file an application
with the public service commission instead of the secretary of state.
Present law provides for the issuance of a certificate by the secretary of state.
Proposed law changes present law by changing the issuing authority from the secretary of
state to the public service commission.
Present law provides that a certificate may be terminated by the cable or video service
provider by submitting written notice of the termination to the secretary of state.
Proposed law changes present law by requiring the termination notice be submitted to the
PSC instead of the secretary of state.
Present law provides that the secretary of state shall have no regulatory authority over any
cable or video service provider.
Proposed law repeals present law. HLS 10RS-1248 ORIGINAL
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Present law provides termination affidavits of local franchise agreements be submitted to the
secretary of state.
Proposed law changes present law by requiring affidavits be submitted to the PSC instead
of the secretary of state.
Proposed law provides that the PSC shall have regulatory authority over implementation of
provisions of this Chapter. The PSC is authorized to promulgate rules and regulations in
order to implement the provisions of this Chapter. The rules and regulations shall include,
but not be limited to the regulation of cable service, video programming, and video service.
(Amends R.S. 45:1363(4), 1364(A), (B)(intro. para.), (C)(intro. para.), (D), (E), and (G) and
1365(A)(2) and (B)(intro. para.) and (1); Adds R.S. 45:1363(16) and 1379; Repeals R.S.
45:1364(I))