HLS 17RS-1060 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 537
BY REPRESENTATIVE HILFERTY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC SERVICE COMN: Provides relative to the regulation of cable and video service
providers
1 AN ACT
2To amend and reenact R.S. 45:1363(4), 1364(A), (B)(introductory paragraph),
3 (C)(introductory paragraph), (D), (E), (G), and (I), 1365(A)(2) and (B)(introductory
4 paragraph) and (1), and 1371 and to enact R.S. 45:1363(16), relative to the Public
5 Service Commission; to transfer authority to regulate cable and video service
6 providers from the secretary of state to the Louisiana Public Service Commission;
7 to provide for definitions; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 45:1363(4), 1364(A), (B)(introductory paragraph), (C)(introductory
10paragraph), (D), (E), (G), and (I), 1365 (A)(2) and (B)(introductory paragraph) and (1), and
111371 are hereby amended and reenacted and R.S. 45:1363(16) is hereby enacted to read as
12follows:
13 §1363. Definitions
14 When used in this Chapter:
15 * * *
16 (4) "Certificate" means the certificate of franchise authority issued by the
17 secretary of state Louisiana Public Service Commission to a person or entity to
18 provide cable service or video service in this state.
19 * * *
20 (16) "Commission" means the Louisiana Public Service Commission.
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HB NO. 537
1 §1364. Certificate issued by the state; eligibility
2 A. Any person or entity seeking to provide cable service or video service in
3 this state after August 15, 2008, shall file an application for a state franchise with the
4 secretary of state commission as required by this Section and shall provide a copy
5 of such application simultaneously to each local governmental subdivision listed in
6 Paragraph (B)(2) of this Section.
7 B. The secretary of state commission shall issue a certificate authorizing the
8 applicant to offer cable service or video service in this state within thirty days of
9 receipt of an application, which shall consist of an affidavit submitted by the
10 applicant and signed by an officer or general partner of the applicant affirming all
11 of the following items:
12 * * *
13 C. The certificate issued by the secretary of state commission shall be
14 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 fully
17 transferable to any successor in interest to the applicant to which it is initially
18 granted. A notice of transfer shall be promptly filed with the secretary of state
19 commission within ten days of the completion of the transfer.
20 E. The certificate issued pursuant to this Chapter may be terminated by the
21 cable service provider or video service provider by submitting written notice of the
22 termination to the secretary of state commission.
23 * * *
24 G. The failure of the secretary of state commission to notify the applicant of
25 the incompleteness of the applicant's affidavit or issue a certificate before the
26 thirtieth day after receipt of a completed affidavit shall constitute issuance of the
27 certificate applied for without further action on behalf of the applicant.
28 * * *
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HB NO. 537
1 I. Notwithstanding any other provision of law to the contrary, the secretary
2 of state commission shall have no regulatory authority over any cable service
3 provider or video service provider enforce the provisions of R.S. 45:1371 and 47
4 CFR 76.309(c) as applicable to cable service providers and video service providers
5 certified by the commission. The commission shall adopt any necessary rules and
6 regulations in furtherance of the provisions of this Subsection.
7 §1365. State franchise; effect on existing local franchise agreement
8 A. Any incumbent service provider providing cable service or video service
9 in this state on August 15, 2008, under a franchise previously granted by a local
10 governmental subdivision is not subject to nor may it avail itself of the state-issued
11 certificate of franchise authority provisions of this Chapter with respect to that local
12 governmental subdivision until such franchise expires or as provided in this Section.
13 Notwithstanding any other provision of law to the contrary, any such cable service
14 provider or video service provider may offer cable service or video service under a
15 state-issued certificate of franchise authority in accordance with the provisions of
16 this Chapter upon meeting one of the following circumstances:
17 * * *
18 (2) The filing of a statement of termination in the form of an affidavit with
19 the secretary of state commission setting forth a mutually agreed upon date to
20 terminate the existing franchise set by both the local governmental subdivision
21 issuing the existing franchise and the incumbent service provider subject to the
22 existing franchise.
23 * * *
24 B. Any incumbent service provider shall have the option to terminate an
25 existing franchise previously issued by a local governmental subdivision and may
26 instead offer cable service or video service in such local governmental subdivision
27 under a certificate of state franchise issued by the secretary of state commission in
28 accordance with the provisions of R.S. 45:1364, provided the following requirements
29 are satisfied by any such incumbent service provider:
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1 (1) An incumbent service provider exercising its termination option shall file
2 a statement of termination with the secretary of state commission in the form of an
3 affidavit containing the information required by R.S. 45:1364(B) and submit copies
4 of such filing with any affected local governmental subdivision. Termination of
5 existing franchises is effective immediately upon the effective date of the certificate
6 of state franchise issued by the secretary of state commission.
7 * * *
8 §1371. Customer service standards
9 Any holder of a state-issued certificate of franchise authority shall comply
10 with 47 CFR 76.309(c). No franchising authority or local governmental subdivision
11 shall have the power to require a holder of a state-issued certificate of franchise
12 authority to comply with any customer service standards other than those set forth
13 in this Section and any additional standards adopted by the commission.
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)]
HB 537 Original 2017 Regular Session Hilferty
Abstract: Transfers authority to regulate cable and video service providers from the
secretary of state to the Louisiana Public Service Commission.
Present law requires that all cable and video service providers are subject to the authority
and the regulations imposed by the secretary of state. Proposed law transfers authority to
regulate cable and video service providers from the secretary of state to the La. Public
Service Commission (commission).
Present law requires cable and video service providers to comply with the customer service
standards established pursuant to present law (47 CFR 76.309(c)). Proposed law adds a
provision to allow the commission to adopt additional standards of customer service.
(Amends R.S. 45:1363(4), 1364(A), (B)(intro. para.), (C)(intro. para.), (D), (E), (G), and (I),
1365(A)(2) and (B)(intro. para.) and (1), and 1371; Adds R.S. 45:1363(16))
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