Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:1364 Certificate issued by the state; eligibility
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§1364. Certificate issued by the state; eligibility A. Any person or entity seeking to provide cable service or video service in this state after August 15, 2008, shall file an application for a state franchise with the secretary of state as required by this Section and shall pro…
La. Rev. Stat. § 45:1364.1 Filing Methods
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§1364.1. Filing Methods A.(1) The secretary of state may accept any filing authorized in Chapter 10-A of this Title by electronic, online, or facsimile transmission. All online filings authorized pursuant to the provisions of this Section shall include an electronic signature. (2…
La. Rev. Stat. § 45:1365 State franchise; effect on existing local franchise agreement
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§1365. State franchise; effect on existing local franchise agreement A. Any incumbent service provider providing cable service or video service in this state on August 15, 2008, under a franchise previously granted by a local governmental subdivision is not subject to nor may it …
La. Rev. Stat. § 45:1366 Franchise fee
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§1366. Franchise fee A. The holder of a certificate may be required, pursuant to an ordinance adopted by the local governmental subdivision, to pay a franchise fee equal to a specified percentage of such holder's gross revenues received from the provision of cable service or vide…
La. Rev. Stat. § 45:1367 Franchise fee audits and dispute resolution
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§1367. Franchise fee audits and dispute resolution A. The local governmental subdivision, upon reasonable written request, may review the business records of a cable service provider or video service provider to the extent necessary to ensure payment of the franchise fee in accor…
La. Rev. Stat. § 45:1368 Prohibition against build-out requirements
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§1368. Prohibition against build-out requirements No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirements for construction of a cable system or wireline facilities used to distribute video programming services or for c…
La. Rev. Stat. § 45:1369 Public, educational, and governmental access programming streams or channels
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§1369. Public, educational, and governmental access programming streams or channels A. Not later than one hundred twenty days after a request by a local governmental subdivision, the holder of a certificate shall provide the local governmental subdivision in which it provides cab…
La. Rev. Stat. § 45:1370 In-kind contributions; PEG access support
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§1370. In-kind contributions; PEG access support A. Local governmental subdivisions are prohibited from imposing in-kind compensations and grants. B. Notwithstanding any other provision of law to the contrary, a local governmental subdivision may require all holders of a state-is…
La. Rev. Stat. § 45:1371 Customer service standards
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§1371. Customer service standards Any holder of a state-issued certificate of franchise authority shall comply with 47 CFR 76.309(c). No franchising authority or local governmental subdivision shall have the power to require a holder of a state-issued certificate of franchise aut…
La. Rev. Stat. § 45:1372 Emergency alert services
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§1372. Emergency alert services A holder of a state-issued certificate of franchise authority shall comply with the federal Emergency Alert System regulations, as applied by the Federal Communications Commission. Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:1373 Indemnification
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§1373. Indemnification A holder of a certificate of statewide franchise authority shall indemnify, defend and hold harmless a local governmental subdivision, its officers, agents, and employees from and against any liability for damages and for any liability or claims resulting f…
La. Rev. Stat. § 45:1374 Local governmental authority
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§1374. Local governmental authority A. A local governmental subdivision's authority to regulate the holder of a certificate is limited to the following items: (1) A requirement that the holder of a certificate which is providing cable service or video service within the local gov…
La. Rev. Stat. § 45:1375 Discrimination prohibited
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§1375. Discrimination prohibited A. A cable service provider or video service provider that has been granted a certificate shall not deny access to service to any group of potential residential subscribers based on the race or income of the residents in the local area in which su…
La. Rev. Stat. § 45:1376 Compliance
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§1376. Compliance If the holder of a certificate is found by a court of competent jurisdiction to be in noncompliance with the requirements of this Chapter, the court shall order the holder of the certificate, within a specified reasonable period of time, to cure the noncomplianc…
La. Rev. Stat. § 45:1377 Applicability of other laws
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§1377. Applicability of other laws A. Nothing in this Chapter shall apply to a local governmental subdivision which has a home rule charter existing or adopted when the Constitution of Louisiana was adopted on April 20, 1974, and which is governed by Article VI, Section 4 of the …
La. Rev. Stat. § 45:1378 Conforming amendments
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§1378. Conforming amendments Except as provided in Title 48 of the Louisiana Revised Statutes of 1950, the provisions of this Chapter supersede any inconsistent provisions of state law, including but not limited to the following: (1) R.S. 9:1253. (2) R.S. 33:4361, 4401, and 4405.…
La. Rev. Stat. § 45:141 Definitions
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§141. Definitions As used in this Chapter, the following terms shall have the following meanings: (1) "Authorized person" means: (a) Employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric public util…
La. Rev. Stat. § 45:142 Ten-foot restriction; prohibited functions or activities
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§142. Ten-foot restriction; prohibited functions or activities No person shall, individually or through an agent or employee, perform any function or activity upon any land, building, highway, waterway, or other premises, if at any time during the performance of any function or a…
La. Rev. Stat. § 45:143 Required conditions for commencing work within ten feet of high voltage overhead lines
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§143. Required conditions for commencing work within ten feet of high voltage overhead lines A. When any person desires to temporarily carry on any function, activity, work, or operation in closer proximity to any high voltage overhead line than permitted by this Chapter, the per…
La. Rev. Stat. § 45:144 Liability for damages
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§144. Liability for damages A. If a violation of this Chapter results in physical or electrical contact with any high voltage overhead line, the person violating this Chapter shall be liable to the owner or operator of the high voltage overhead line for all damages, costs, or exp…
La. Rev. Stat. § 45:145 Operations and activities exempt
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§145. Operations and activities exempt A. The provisions of this Chapter shall not apply to the construction, reconstruction, operation, and maintenance or removal of overhead electrical or communication circuits or conductors, and their supporting structures and associated equip…
La. Rev. Stat. § 45:1451 Definitions
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§1451. Definitions "Reporter" shall mean any person regularly engaged in the business of collecting, writing or editing news for publication through a news media. The term reporter shall include all persons who were previously connected with any news media as aforesaid as to the …
La. Rev. Stat. § 45:1452 Conditional privilege from compulsory disclosure of informant or source
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§1452. Conditional privilege from compulsory disclosure of informant or source Except as hereinafter provided, no reporter shall be compelled to disclose in any administrative, judicial or legislative proceedings or anywhere else the identity of any informant or any source of inf…
La. Rev. Stat. § 45:1453 Revocation of privilege; procedure
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§1453. Revocation of privilege; procedure In any case where the reporter claims the privilege conferred by this Part, the persons or parties seeking the information may apply to the district court of the parish in which the reporter resides for an order to revoke the privilege. I…
La. Rev. Stat. § 45:1454 Defamation; burden of proof
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§1454. Defamation; burden of proof If the privilege granted herein is claimed and if, in a suit for damages for defamation, a legal defense of good faith has been asserted by a reporter or by a news media with respect to an issue upon which the reporter alleges to have obtained i…
La. Rev. Stat. § 45:1455 Substitution of affidavit for appearance and return; effect
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§1455. Substitution of affidavit for appearance and return; effect A. When a subpoena is served on a news media organization or reporter as those terms are defined in R.S. 45:1451 or on any custodian of records, photographer, or other representative of a news media organization, …
La. Rev. Stat. § 45:1456 Service of subpoenas; motion to quash or obtain additional time; award of
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§1456. Service of subpoenas; motion to quash or obtain additional time; award of costs A. Unless otherwise ordered by the court, upon a showing of good cause therefor, a subpoena issued to any news media organization, reporter, custodian of records, photographer, or other represe…
La. Rev. Stat. § 45:1457 Payment of cost of compliance; deposit into registry of court
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§1457. Payment of cost of compliance; deposit into registry of court A. Upon receipt of a subpoena governed by R.S. 45:1455 through 1458, the news media organization, reporter, custodian of records, photographer, or other representative of any news media organization shall notify…
La. Rev. Stat. § 45:1458 Application to other proceedings and discovery
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§1458. Application to other proceedings and discovery The provisions of R.S. 45:1455 through 1458 shall apply to subpoenas issued in connection with all legislative hearings, administrative proceedings, grand jury hearings and proceedings conducted under Article 66 of the Code of…
La. Rev. Stat. § 45:1459 Qualified protection for nonconfidential news
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§1459. Qualified protection for nonconfidential news A. "News" shall mean any written, oral, pictorial, photographic, electronic, or other information or communication, whether or not recorded, concerning local, national, or worldwide events or other matters of public concern or …
La. Rev. Stat. § 45:146 Rules and regulations
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§146. Rules and regulations The Public Service Commission shall promulgate rules and regulations requiring owners or operators of overhead electric utility lines to promote public awareness of the requirements of this Chapter, including but not limited to annual inserts in all cu…
La. Rev. Stat. § 45:1500 Regulation of radio common carriers
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§1500. Regulation of radio common carriers The Louisiana Public Service Commission shall exercise over and in relation to radio common carriers the powers conferred by this Chapter. Added by Acts 1968, No. 634, §1.
La. Rev. Stat. § 45:1501 Definitions
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§1501. Definitions A. The word "commission" when used in this Chapter means the Louisiana Public Service Commission. B. The word "commissioners" when used in this Chapter means the commissioners of the Louisiana Public Service Commission. C. The term "radio common carriers" when …
La. Rev. Stat. § 45:1502 Rates; service; rules and regulations
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§1502. Rates; service; rules and regulations The rates of every radio common carrier shall be just, reasonable, and not unduly preferential; the service of every such carrier shall be adequate and not unduly preferential, and the rules and regulations of every such carrier shall …
La. Rev. Stat. § 45:1503 Certificate of public convenience and necessity; exceptions
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§1503. Certificate of public convenience and necessity; exceptions A. No radio common carrier shall begin, or continue, the construction or operation of any mobile radio system, or any extension thereof, or acquire ownership or control thereof either directly or indirectly withou…
La. Rev. Stat. § 45:1504 Interconnection with telephone facilities
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§1504. Interconnection with telephone facilities Each radio common carrier holding a certificate from the commission may interconnect its common carrier radio telephone facilities with the telephone facilities of the telephone company serving the area in which the base station of…
La. Rev. Stat. § 45:1601 Definitions
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§1601. Definitions As used in this Chapter, the following terms and phrases have the meanings hereinafter ascribed to them: (1) "Department" means the Louisiana Department of Health. (2) "Lending entity" means the governmental or financial entity providing financing to a water co…
La. Rev. Stat. § 45:1602 Water cooperative rate change; regulation
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§1602. Water cooperative rate change; regulation A. Any request for a change to the rate structure of a water cooperative that receives financing from the U.S.D.A. shall be granted when all of the following requirements are satisfied: (1) A rate assessment or study has been condu…
La. Rev. Stat. § 45:1603 Applicability
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§1603. Applicability The provisions of this Chapter apply only to water cooperatives that were eligible to receive financing from the U.S.D.A. prior to January 1, 2011. Acts 2016, No. 444, §1, eff. June 9, 2016.
La. Rev. Stat. § 45:1604 Requirement to provide service
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§1604. Requirement to provide service No water cooperative shall arbitrarily deny a request for water service to a properly permitted residential or commercial structure that is located within the cooperative's service area. This Section does not prohibit a cooperative from disco…
La. Rev. Stat. § 45:161 Declaration of policy
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§161. Declaration of policy The business of operating motor vehicles intrastate for hire as common or contract carriers of persons or household goods, waste, or any other classification of carriers, other than a contract carrier by bus, created by law for compensation upon the pu…
La. Rev. Stat. § 45:1611 Emergency service plan; cable service providers and video service providers
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§1611. Emergency service plan; cable service providers and video service providers When used in this Chapter: (1) "Cable service" means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the select…
La. Rev. Stat. § 45:1612 Emergency service plan; cable service providers and video service providers; public
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§1612. Emergency service plan; cable service providers and video service providers; public service commission A.(1) On or before June 1, 2021, each cable service provider and video service provider shall prepare and submit to the commission an emergency service plan, which shall …
La. Rev. Stat. § 45:1613 Violations; penalties
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§1613. Violations; penalties Any cable service provider or video service provider found by the commission, after notice and hearing, to be in violation of any provision of this Chapter shall be subject to a civil fine not to exceed one thousand dollars for the first violation. Th…
La. Rev. Stat. § 45:162 Definitions
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§162. Definitions The following words and phrases when used in this Chapter shall have the meanings ascribed to them in this Section except where a different meaning is expressly stated or clearly indicated by the context. (1) "Car pool" means a mode of transportation provided in…
La. Rev. Stat. § 45:1621 Short title
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§1621. Short title This Chapter shall be known and may be cited as the "Electric Vehicle Charging Equipment Network Act". Acts 2022, No. 762, §1, eff. June 18, 2022.
La. Rev. Stat. § 45:1622 Purpose; legislative intent
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§1622. Purpose; legislative intent The Louisiana Legislature hereby finds it necessary and in the best interest of the state to promote rapid development of a statewide electric vehicle charging network by doing all of the following: (1) Improving the quantity, quality, and varie…
La. Rev. Stat. § 45:1623 Definitions
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§1623. Definitions As used in this Chapter, the following terms are defined as and mean the following: (1) "Commission" means the Louisiana Public Service Commission. (2) "Electric public utility" for the purposes of sale for resale of power related to electric vehicles, or other…
La. Rev. Stat. § 45:163 Powers of commission; rates; insurance policies or bonds
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§163. Powers of commission; rates; insurance policies or bonds A. The commission has the power and authority necessary to supervise, govern, regulate, and control motor carriers, other than a contract carrier by bus, which transport household goods, passengers, or waste intrastat…
La. Rev. Stat. § 45:163.1 Repealed by Acts 2008, No
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§163.1. Repealed by Acts 2008, No. 724, §3, eff. July 6, 2008.