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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 460 By: Thompson (Roger)
AS INTRODUCED
An Act relating to powers of municipalities; amending
11 O.S. 2021, Section 22-107.1, which relates to
regulation of video serv ices systems; modifying
definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 22-107.1, is
amended to read as follows:
Section 22-107.1. A. A municipality may by ordinance or
otherwise grant a certificate, license, permit or franchise for the
operation of a video services system, unless such a uthority is
already provided for by la w. Any certificate, license, permit or
franchise granted pursuant to this section shall constitute a
bargained contract between the municipality and the video services
provider and shall provide for a consideration pa yment to the
municipality as rental fo r the privileges granted to the provider to
use the public ways and grounds within the municipality in
furtherance of its video services business. The rental payment
shall be set at the amount bargained between the mu nicipality and
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the video services prov ider but shall not exceed five percent (5%)
of the annual gross revenues derived by the video services provider
from the provision of video services within the municipality. Any
certificate, license, permit or franchi se issued by the governing
body shall be nonexclusive and shall not exceed a period of tw enty-
five (25) years and may be revocable by the governing body if said
body determines that the holder of the certificate, license, permit
or franchise has willfully failed or neglected to perform duties
pursuant to the terms of the grant of the certifica te, license,
permit or franchise. Nothing herein shall limit the authority of a
municipality to comply with state or federal law.
B. In the event a municipality gran ts an overlapping
certificate, license , permit or franchise for video services within
its jurisdiction on terms or conditions more favorable or less
burdensome than those in any existing certificate, license, permit
or franchise within the municipality the holder of the existing
certificate, license, permit or franchise shall be entitled, upon
written notice to the municipality, to adopt the terms in the
overlapping certificate, license, permit or franchise that are more
favorable or less burdensome than th ose in the existing certificate,
license, permit or franchise and the adopted terms shall become
enforceable by the municipality.
C. In addition to any other authority granted to municipalities
by this section or other applicable law, a municipality may a lso
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adopt an ordinance regulating a vi deo services system pursuant to
its police power. No municipal provisions regulating a video
services system may be adopted which are inconsistent with either
state or federal law or with the terms and conditions of t he
certificate, license, permit or fra nchise bargained by the
municipality and the video services provider.
D. In awarding or renewing a certificate, license, permit or
franchise for video services, a municipality may require adequate
assurance that the v ideo services system provider will pro vide
adequate public, educational, and governmental access channel
capacity, facilities or financial support. A video services system
provider may, at its sole option, provide a “family friendly” tier
of video services in lieu of channel capacity, facilit ies, or
financial support for public access as a co ndition of any
certificate, license, permit or franchise for video services or
renewal thereof. Nothing herein shall affect any channel capacity,
facilities, or finan cial support for educational or govern mental
access contained in any certificate, license , permit or franchise
for video services or renewal thereof.
E. A “family friendly” tier of services is a group of channels,
offered to customers pursuant to Federal Communications Commission
(FCC) regulations, that primarily contains programming with a
television viewing rating of TV -Y, TV-Y7 or TV-G.
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F. “Video services” means video programming, including cable
services, provided through wireline facilities located a t least in
part in the public rights -of-way without regard to the delivery
technology, including Internet protocol technology. “Video
services” shall not include video programming provided by a:
1. By a commercial mobile service provider as defined in 47
U.S.C., Section 332(d) ;
2. By a provider of direct broadcast sat ellite service as
defined in 47 U.S.C., Section 335(b)(5)(A);
3. By a provider of digital audiovisual works delivered over
the Internet, including str eaming content; or provided solely
4. Solely as part of and via a service th at enables users to
access content, information, el ectronic mail, messaging and other
services offered over the public Internet.
SECTION 2. This act shall become effective November 1, 2023.
59-1-313 RD 1/17/2023 11:10:03 AM