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ENGROSSED SENATE
BILL NO. 460 By: Thompson (Roger) of the
Senate
and
Martinez of the House
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; updating statutory language; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2 021, 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 law. 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 for 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 provider 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 governin g
body shall be nonexclusive and shall not exceed a period of twenty-
five (25) years and may be revocable by the governing body if said
the body determines that the holder of the certificate, license,
permit or franchise has willfully failed or neglected t o perform
duties pursuant to the terms of the grant of the certificate,
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 existi ng
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 c ertificate,
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 video 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 franchise 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 provide
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”
“family-friendly” tier of video service s in lieu of channel
capacity, facilities, or financial support for public access as a
condition 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 governmental access contained in any certificate, license, permit
or franchise for video services or renewal thereof.
E. A “family friendly” “family-friendly” tier of services is a
group of channels, offered to customers pursu ant to Federal
Communications Commission (FCC ) regulations, that primarily contains
programming with a t elevision 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 facil ities owned, controlled,
constructed, or operated by the provider of such video service and
located at least in part in the public rights -of-way without regard
to the delivery technology, in cluding Internet protocol technology.
“Video services” Video services shall not include:
1. video Video programming provided by a commercial mobile
service provider as defined in 47 U.S.C., Section 332(d) (1);
2. Direct-to-home satellite services as defined in 47 U.S.C.,
Section 303(v) that are transmitted from a satel lite directly to a
customer’s premises without using or accessing any portion of the
public right-of-way; or provided solely
3. Video programing accessed as part of and via a service that
enables users to access content, information, el ectronic mail,
messaging and other services offered over the public Internet,
including streaming content.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the Senate the 6th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of ______ ____,
2023.
Presiding Officer of the House
of Representatives