Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:844.13 Duties of the commission
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§844.13. Duties of the commission A.(1) The commission shall establish and provide for the operation of a database to compile a list of telephonic numbers of residential telephonic subscribers who object to receiving telephonic solicitations. It shall be the duty of the commissio…
La. Rev. Stat. § 45:844.14 Listing procedures; prohibited acts; Telephonic Solicitation Relief Dedicated Fund
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§844.14. Listing procedures; prohibited acts; Telephonic Solicitation Relief Dedicated Fund Account A.(1) Any residential telephonic subscriber desiring to be placed on a "do not call" listing shall be placed on that listing upon the commission's receipt of a request form. This l…
La. Rev. Stat. § 45:844.15 Violations; penalties
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§844.15. Violations; penalties A. The commission shall investigate any complaints received concerning violations of this Chapter. If, after investigating such complaint, the commission finds that there has been a violation of this Chapter, the commission, after notice and hearing…
La. Rev. Stat. § 45:844.16 Registration fees and "do not call" list fees
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§844.16. Registration fees and "do not call" list fees A. Each independent solicitor registration shall be an annual payment of four hundred dollars. The permit issued shall be good for a period of one calendar year beginning January first and ending December thirty-first unless …
La. Rev. Stat. § 45:844.17 Safe harbor
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§844.17. Safe harbor Any telephonic solicitor registered in compliance with R.S. 45:844.16 shall not be liable for violating this Chapter if the telephonic solicitor can demonstrate that the violation is a result of unintended error and that as part of its routine business practi…
La. Rev. Stat. § 45:844.2 Identification codes; prohibited acts
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§844.2. Identification codes; prohibited acts A.(1) The commission shall promulgate rules and regulations to ensure that any telephone solicitor who contacts any residential or mobile telephone subscriber for the purpose of making a telephone solicitation shall possess an identif…
La. Rev. Stat. § 45:844.21 Repealed by Acts 2006, No
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§844.21. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
La. Rev. Stat. § 45:844.22 Repealed by Acts 2006, No
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§844.22. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
La. Rev. Stat. § 45:844.23 Repealed by Acts 2006, No
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§844.23. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
La. Rev. Stat. § 45:844.24 Repealed by Acts 2006, No
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§844.24. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
La. Rev. Stat. § 45:844.25 Repealed by Acts 2006, No
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§844.25. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
La. Rev. Stat. § 45:844.3 Violations; penalties
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§844.3. Violations; penalties The commission shall investigate any complaints received concerning violations of this Chapter. If, after investigating any complaint, the commission finds that there has been a violation of this Chapter, the commission may impose a civil penalty not…
La. Rev. Stat. § 45:844.31 Telemarketing activities; prohibitions; exceptions
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§844.31. Telemarketing activities; prohibitions; exceptions A. During a state of emergency as declared by the governor, no telephonic solicitor shall engage in telephonic solicitation except for the following reasons: (1) The telephonic solicitation is in response to an express r…
La. Rev. Stat. § 45:844.32 Duties of the commission
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§844.32. Duties of the commission A. Upon declaration of a state of emergency by the governor, the commission shall immediately notify such telephonic solicitor that an emergency has been declared and that during such state of emergency telephonic solicitation is prohibited. B. T…
La. Rev. Stat. § 45:844.33 Violations; penalties
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§844.33. Violations; penalties A. The commission shall investigate any complaint received concerning violations of this Chapter. If, after investigating such complaint, the commission finds there has been a violation of this Chapter, the commission, after notice and hearing, shal…
La. Rev. Stat. § 45:844.41 Short title
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§844.41. Short title This Chapter shall be known and may be cited as "The Local Government Fair Competition Act". Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:844.42 Legislative findings and declarations of intent
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§844.42. Legislative findings and declarations of intent The legislature finds and declares that it is the policy of this state: (1) To ensure that cable television services and telecommunications and advanced services are provided through fair competition consistent with the fed…
La. Rev. Stat. § 45:844.43 Definitions
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§844.43. Definitions As used in this Chapter, the following terms and phrases shall have the meanings hereinafter ascribed to them: (1) "Advanced service" means high-speed Internet access capability in excess of 144 kilobits per second both upstream and downstream. (2) "Cable tel…
La. Rev. Stat. § 45:844.44 Antitrust immunity
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§844.44. Antitrust immunity A. Subject to the provisions of Subsection B, when a local government is offering or providing a covered service, any immunity from antitrust law afforded to political subdivisions of the state does not apply to the local government's actions associate…
La. Rev. Stat. § 45:844.45 Scope of Chapter
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§844.45. Scope of Chapter A. Nothing in this Chapter shall authorize any local government to: (1) Provide a covered service. (2) Purchase, lease, construct, maintain, or operate a facility for the purpose of providing a covered service. B. Nothing in this Chapter shall apply to a…
La. Rev. Stat. § 45:844.46 Severability
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§844.46. Severability If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or the application of this Chapter that can be given effect without the invalid provision or applicatio…
La. Rev. Stat. § 45:844.47 Limitations on providing cable television and telecommunications and advanced services
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§844.47. Limitations on providing cable television and telecommunications and advanced services A. Except as provided in this Chapter, a local government may not: (1) Provide to one or more subscribers a covered service. (2) For the purpose of providing a covered service to one o…
La. Rev. Stat. § 45:844.48 Requirements prior to local governmental entity providing cable television or telecommunications or advanced services
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§844.48. Requirements prior to local governmental entity providing cable television or telecommunications or advanced services Prior to a local government engaging or offering to engage in an activity described in this Chapter, the local governing authority shall: (1) Hold a prel…
La. Rev. Stat. § 45:844.49 Feasibility study; public hearings
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§844.49. Feasibility study; public hearings (1) If a feasibility consultant is hired under R.S. 45:844.48, the local governing authority shall require the feasibility consultant to: (a) Complete the feasibility study in accordance with this Section. (b) Submit to the local govern…
La. Rev. Stat. § 45:844.5 Required information
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§844.5. Required information Prior to the execution of a written contract for wireless telephone service, each company which provides such service within this state shall provide to a consumer the terms of the contract, in writing. Such information shall include but not be limite…
La. Rev. Stat. § 45:844.50 Referendum
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§844.50. Referendum A. A local governing authority by a majority vote shall call an election on whether or not the local government shall provide the proposed covered services, before engaging or offering to engage in providing such services. An election held for authorization to…
La. Rev. Stat. § 45:844.51 Enterprise funds for cable television or telecommunications or advanced services
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§844.51. Enterprise funds for cable television or telecommunications or advanced services A. A local government that provides one or more covered services under this Chapter: (1) Shall establish a single enterprise fund entitled the "communications services enterprise fund" to ac…
La. Rev. Stat. § 45:844.52 Bonding authority
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§844.52. Bonding authority A. The local governing authority may by resolution determine to issue one or more bonds to finance the capital costs for facilities necessary to provide to subscribers one or more covered services. B. The resolution shall: (1) Describe the purpose for w…
La. Rev. Stat. § 45:844.53 General operating limitations
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§844.53. General operating limitations (1) A local government that provides a covered service under this Chapter is subject to all applicable provisions of local, state and federal law, including applicable rules of the Louisiana Public Service Commission. (2) A local government …
La. Rev. Stat. § 45:844.54 Eminent domain
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§844.54. Eminent domain A. Subject to the applicable provisions of the Louisiana Constitution, a local government may not exercise its power of eminent domain to condemn plant, equipment, or real property of a private provider for the purpose of providing to a subscriber a covere…
La. Rev. Stat. § 45:844.55 Enforcement and appeal
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§844.55. Enforcement and appeal A. Before a person that is or is likely to have a substantial interest affected by a local government's violation of this Chapter may file an action in district court for violation of this Chapter, that person shall file a written complaint with th…
La. Rev. Stat. § 45:844.56 Impact of local government providing covered service, cable television or telecommunications or advanced services
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§844.56. Impact of local government providing covered service, cable television or telecommunications or advanced services A. When local government provides a covered service pursuant to the provisions of this Chapter, any obligation of any other person to provide such service pu…
La. Rev. Stat. § 45:844.6 Renewal clause; continuation of services
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§844.6. Renewal clause; continuation of services Each company which provides wireless telephone service in this state shall be prohibited from automatically renewing a consumer's service contract. Upon expiration of a wireless telephone service contract, the consumer's service sh…
La. Rev. Stat. § 45:844.7 Prohibited contracts void
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§844.7. Prohibited contracts void Any contract entered into or automatically renewed in violation of this Chapter shall be void. Acts 1999, No. 1205, §1.
La. Rev. Stat. § 45:844.74 Legislative findings
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§844.74. Legislative findings A. The legislature finds that Wi-Fi is a technology that enables low-power electronic devices, such as laptop computers, tablets, video game consoles, and smartphones, to connect to the Internet and to each other through wireless network access point…
La. Rev. Stat. § 45:844.75 Prohibited hotspot blocking
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§844.75. Prohibited hotspot blocking A. No person shall without legal authority knowingly interfere with, prevent, disable, or block the lawful creation of a Wi-Fi network via a personal hotspot. B. Whoever violates the provisions of this Section shall be fined a civil penalty of…
La. Rev. Stat. § 45:844.8 Wireless telephonic solicitation; rules and regulations
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§844.8. Wireless telephonic solicitation; rules and regulations The Louisiana Public Service Commission shall promulgate such rules and regulations which comply with federal regulations that prohibit a telemarketer from making wireless telephonic solicitations. Acts 2003, No. 988…
La. Rev. Stat. § 45:844.81 Internet access; public airports
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§844.81. Internet access; public airports Any public airport may provide free access to broadband internet, as defined by the Federal Communications Commission, solely to patrons at the airport. Such broadband internet shall be procured in accordance with applicable state and loc…
La. Rev. Stat. § 45:844.9 Commercial mobile service device location disclosure to law enforcement agencies;
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§844.9. Commercial mobile service device location disclosure to law enforcement agencies; emergency situations A. This Chapter shall be known and may be cited as the "Kelsey Smith Act". B.(1) When acting in the course and scope of his official duties, a law enforcement agency sup…
La. Rev. Stat. § 45:845 Meters; furnishing
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§845. Meters; furnishing Every person engaged in the business of furnishing natural or artificial gas for heating, illuminating or other purposes, electricity for illuminating or for power or other purposes, water for domestic use or power or other purposes, and paid for by patro…
La. Rev. Stat. § 45:846 Charges governed by meters; estimated bills
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§846. Charges governed by meters; estimated bills No person engaged in furnishing gas, water or electricity to consumers, to be paid for by meter measure, shall charge or receive, from any patron or consumer, payment for more gas, electricity or water than the meter indicates has…
La. Rev. Stat. § 45:847 Meters; false measurement
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§847. Meters; false measurement No person furnishing gas, electricity or water to consumers shall knowingly construct, use or furnish to the consumers any false meter or any false system for measuring and registering the quantity of gas, electricity, or water consumed by the patr…
La. Rev. Stat. § 45:848 Deposits by consumers; interest; return
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§848. Deposits by consumers; interest; return Whenever any person engaged in furnishing gas, electricity or water shall demand of its patrons a cash security to protect the furnisher of gas, electricity or water from loss by reason of extending to such patron's gas, electric or w…
La. Rev. Stat. § 45:849 Meters; inspection
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§849. Meters; inspection The several municipalities of this state may appoint inspectors to carry out the intent and purposes of R.S. 45:845 through 45:848 and pass ordinances providing for the inspection of gas, water, electric light and power meters, and fixing the expense of t…
La. Rev. Stat. § 45:850 Meters and deposits; law inapplicable to public-owned utilities
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§850. Meters and deposits; law inapplicable to public-owned utilities Nothing in R.S. 45:845 through 45:849 applies to water, gas or electric power plants owned by any municipality or political subdivision of Louisiana.
La. Rev. Stat. § 45:851 Meters and deposits; penalty
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§851. Meters and deposits; penalty Whoever violates R.S. 45:845 through 45:850 shall be fined not less than twenty-five dollars and not more than two hundred dollars for each offense.
La. Rev. Stat. § 45:852 Bonds of employees; utility not to designate surety; penalty
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§852. Bonds of employees; utility not to designate surety; penalty No public utilities corporation, or its officers or managers requiring any employee to post bond for his fidelity and honesty, shall require the employee to make such bond by giving as surety any specific bonding …
La. Rev. Stat. § 45:853 Proper notice and explanation of franchise fees
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§853. Proper notice and explanation of franchise fees Notwithstanding any law, rule, regulation, or order to the contrary, on or after January 1, 2013, the Louisiana Public Service Commission may require that whenever a political subdivision imposes a franchise fee upon a public …
La. Rev. Stat. § 45:856 Special counsel for state in rate and transportation cases
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§856. Special counsel for state in rate and transportation cases The attorney general may employ special counsel versed in handling traffic matters, and other experts as may be necessary, to prosecute and defend before the Interstate Commerce Commission and other federal commissi…
La. Rev. Stat. § 45:857 Bills of lading not to be issued unless goods or warehouse receipt therefor actually delivered
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§857. Bills of lading not to be issued unless goods or warehouse receipt therefor actually delivered No master, owner or agent of any boat or vessel of any description, forwarder, officer or agent of any railroad, transfer or transportation company or other carrier, shall sign or…