Louisiana 2022 2022 Regular Session

Louisiana House Bill HB276 Comm Sub / Analysis

                    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 276 Reengrossed 2022 Regular Session	Bishop
Abstract:  Specifies that certain video programming, including streaming services, are excluded
from the definition of "video service" and "cable service" for purposes of franchise fees.
Present law defines "cable service" as the one-way transmission to subscribers of video programming
or other programming service and any subscriber interaction required for the selection or use of
video programming or other programming service.  Present law excludes video programming
provided by a commercial mobile service provider from the definition of "cable service".
Proposed law retains the exclusion for video programming provided by a commercial service
provider from the definition of "cable service" and adds video programming accessed via a service
that enables users to access content, information, e-mail, or other services offered over the internet,
including streaming content to the exclusion.
Present law defines "video service" as video programming services provided through wireline
facilities located at least in part in the public rights of way without regard to delivery technology,
including internet protocol technology.  Present law excludes video programming by a commercial
mobile service provider and video programming provided as part of a service enabling users to
access information over the internet from the definition of "video service".
Proposed law retains present law but excludes direct-to-home satellite services as defined in present
federal law from the definition of "video service" and specifies that streaming content is included
in the video programming that is excluded from the definition of "video service".
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 45:1363(intro. para.), (1), and (14))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the original
bill:
1. Delete provisions in proposed law authorizing the secretary of state to audit, file suit, and
resolve disputes relating to franchise fee payments.
2. Exclude video programming accessed via a service that enables users to access content, information, e-mail, or other services offered over the internet, including streaming
content from the definition of "cable service".
3. Exclude streaming content from the definition of "video service".
The House Floor Amendments to the engrossed bill:
1. Specify that a "video service" is a service provided by a video service provider.
2. Remove direct broadcast satellite service from services excluded from the definition of
"video service" and exclude instead direct-to-home satellite services as defined in present
federal law.
3. Add an effective date of upon signature of the governor or lapse of time for gubernatorial
action.