Title 9 — Cities and Towns

In this chapter, unless the context otherwise requires: 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a video service provider. 2. "Agreement" means any agreement or contra…

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern. Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation…

This chapter does not: 1. Prevent a telecommunications provider from exercising any rights or authority that the telecommunications provider has as a public utility under federal or state law. 2. Affect any authority of a local government, an agricultural improvement district, an…

A. From and after December 31, 2019, a local government has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries. B. On or before July 1…

A. From and after December 31, 2019, an incumbent cable operator may elect to do either of the following: 1. Continue to operate within a service area as defined in the local license pursuant to section 9-1413. 2. Terminate the incumbent cable operator's local license for a servi…

A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 9-1412, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local licens…

A. To obtain a uniform video service license, a person shall file with the clerk of the local government an application and affidavit that are signed by one of the principal executive officers or general partners of the applicant and that comply with this section. B. The applicat…

A. Within the time frame that the local government has in place pursuant to section 9-835, but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 9-1414, the local government shall issue a uniform video servi…

A. To add one or more new service areas to a uniform video service license, the holder shall file with the clerk of the local government an application for an amendment to the uniform video service license to add each new service area. B. The application is subject to the same pr…

A. To terminate the authority to provide video service to an existing service area authorized under the uniform video service license, the holder of the uniform video service license shall file with the clerk of the local government written notice of the termination. B. The holde…

A. Each local government whose boundaries change shall notify in a timely manner each video service provider that operates in the boundaries. Notification shall be made by certified mail, email or personal delivery. B. A video service provider may not be subject to or required to…

A. Except as otherwise provided in this section or otherwise required by federal law, including rules and regulations of the federal communications commission, a uniform video service license is fully transferable to any person whether the transfer arises through merger, sale, as…

B. Effective on the date the holder files the written notice with the clerk of the local government, the term is extended for the specified period from and after the date of the end of the then-current term. C. Transferring, amending or modifying a uniform video service license u…

1. The local government where the subscriber resides. 2. The attorney general. 3. The federal communications commission. 4. Other authorities as provided by law. B. A local government may choose to monitor and assist subscribers with the subscriber service standards pursuant to 4…

A. Not later than twenty-four months after the date that a local government issues a uniform video service license pursuant to sections 9-1414 and 9-1415 or an amended uniform video service license pursuant to section 9-1416, the holder of the uniform video service license shall …

A. A video service provider that is not an incumbent cable operator and that holds a uniform video service license with a service area within the boundaries of a local government shall prepare and submit to the local government a semiannual report that identifies the locations wi…

A. A video service provider shall activate and offer video service in a nondiscriminatory manner within each service area and may not deny access to video service to any group of potential residential subscribers within a particular part of a service area because of the income pr…

A. In managing a highway under local laws as prescribed in section 9-1411, subsection C, paragraph 9, a local government may manage the use of the highway, including all of the following: 1. Requiring a video service provider that is constructing, installing, working within, main…

A. Except the license fee on gross revenue authorized by section 9-1443 and transaction privilege taxes as provided in subsection B of this section, a local government may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the hig…

A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a local government to provide video service through a video service network, the local government may require a video service provider to pay a license fee…

A local government may not acquire an ownership interest in a video service network unless the ownership interest is acquired at not less than fair market value.

A. Not more than once every three years, a local government, on reasonable written notice, may audit the business books and records of a video service provider to the extent necessary to ensure payment of license fees pursuant to this chapter. A local government may assess additi…

A. A local government may file a written complaint against a video service provider and a video service provider may file a written complaint against a local government alleging a violation of this chapter or the uniform video service license agreement. Unless the matter arises u…

A. Except as provided in section 9-1445, subsections F, G and H, a complaint under this article must be filed within two years after the complainant realizes it has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that c…