US Lawyer Database

§ 7-59-305. State-Issued Certificate of Franchise Authority — Application and Fees

To receive a state-issued certificate of franchise authority, a cable or video service provider shall file an application with the department. A copy of the application shall be provided simultaneously to the governing authority of any affected municipality or county for services provided in unincorporated areas within a county. A parent company may file a […]

§ 7-59-306. Franchise Fee — Audits — Confidentiality of Records

Except as otherwise provided in this section, a holder of a state-issued certificate of franchise authority shall be required to pay a franchise fee equal to five percent (5%) of the holder’s gross revenues derived from: The provision of cable or video service to subscribers located within the municipality or unincorporated areas of the county; […]

§ 7-59-307. Restrictions to Specified Entities Concerning Negotiating Cable or Video Services — Retail Interconnected Voice Over Internet Protocol Service

Nothing in this part confers authority upon a municipality or county to require any cable or video service provider to negotiate a local cable or video service franchise agreement with a municipality or county. The decision to choose whether to utilize either a state-issued certificate of franchise authority or a local franchise is within the […]

§ 7-59-308. Customer Complaint Handling Process — Customer Service Requirements

In addition to the customer complaint handling process described in the application for a state-issued certificate of franchise authority, a holder of a state-issued certificate of franchise authority must comply with the customer service requirements found in 47 CFR 76.309(c), which customer service requirements shall be the sole customer service requirements applicable to a holder […]

§ 7-59-106. Fees Payable by Companies Operating Under Grandfather Clauses

Any cable television company that shall receive the benefits of operating under the grandfather clauses contained in this part shall pay the county governing body or municipality the same fees as would be charged to a new franchise company by the county or municipality. These fees shall not be inconsistent with the requirements and regulations […]

§ 7-59-107. Customer Complaints — Records

Any cable television company, cable service provider or video service provider locally franchised and operating in this state shall maintain a complete service for the purpose of receiving customer complaints concerning service or any other matter relating to its operations. These companies shall keep written records of complaints received, including the name of the complaining […]

§ 7-59-108. Prohibited Activities — Penalties

It is unlawful for any person, firm, or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system for the purpose of enabling such person, firm, or corporation, or others, to receive or use any television signal, radio signal, picture, program […]

§ 7-59-201. Part Definitions

As used in this part, unless the context otherwise requires: “Cable service” means: The one-way transmission to subscribers of video programming or other programming service; and Subscriber interaction, if any, that is required for the selection of such video programming or other programming service; “Cable system” means a facility consisting of a set of closed […]

§ 7-59-203. More Favorable Terms Prohibited

No municipality or county shall grant any overlapping franchises for cable or video service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing cable or video franchise within the municipality or county.