477A.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Board” means the utilities board within the utilities division of the department of commerce. 2. “Cable operator” means the same as defined in 47 U.S.C. §522. 3. “Cable service” means the same as defined in 47 U.S.C. §522. 4. “Cable system” means […]
477A.10 Provider discrimination prohibited. 1. The purpose of this section is to prevent discrimination among potential residential subscribers. 2. A competitive cable service provider or competitive video service provider holding a certificate of franchise authority shall not deny access to any group of potential residential subscribers because of the income of residents in the local […]
477A.11 Applicability of other law. 1. This chapter is intended to be consistent with the federal Cable Act, 47 U.S.C. §521 et seq. 2. Except as otherwise stated in this chapter, this chapter shall not be interpreted to prevent a competitive cable service provider, competitive video service provider, municipality, or other provider of cable service […]
477A.12 Rules. The board shall adopt rules necessary to administer this chapter. 2007 Acts, ch 201, §13, 15
477A.2 Certificate of franchise authority requirement. 1. After July 1, 2007, a person providing cable service or video service in this state shall not provide such service without a franchise. The franchise may be issued by either the board pursuant to section 477A.3 or by a municipality pursuant to section 364.2. 2. a. A person […]
477A.3 Application requirements — certificate of franchise authority. 1. The board shall issue a certificate of franchise authority under this chapter within thirty calendar days after receipt of a completed application and affidavit submitted by the applicant and signed by an officer or general partner of the applicant, subject to subsection 3. The application and […]
477A.4 Applicability to federal law. To the extent required by applicable law, a certificate of franchise authority issued under this chapter shall constitute a “franchise” for the purposes of 47 U.S.C. §541(b)(1). To the extent required for the purposes of 47 U.S.C. §521 – 561, only the state of Iowa shall constitute the exclusive franchising […]
477A.5 Municipality restrictions. 1. A municipality shall not require a holder of a certificate of franchise authority to do any of the following: a. Comply with a mandatory build-out provision. b. Obtain a separate franchise. c. Pay any additional fees, except as provided in this chapter. d. Be subject to any additional franchise requirement by […]
477A.6 Public, educational, and governmental access channels. 1. Not later than one hundred eighty days after a request by a municipality in which a competitive cable service provider or a competitive video service provider is providing cable service or video service, the holder of the certificate of authority for that municipality shall designate a sufficient […]
477A.7 Fees — financial support. 1. a. In any service area in which a competitive cable service provider or a competitive video service provider holding a certificate of franchise authority offers or provides cable service or video service, the competitive cable service provider or competitive video service provider shall calculate and pay a franchise fee […]
477A.8 Customer service standards. 1. The holder of a certificate of franchise authority shall comply with customer service requirements consistent with those contained in 47 C.F.R. §76.309 , and shall maintain a local or toll-free telephone number for customer service contact. 2. The holder of a certificate of franchise authority shall implement an informal process […]
477A.9 Nondiscrimination by municipality. 1. A municipality shall allow the holder of a certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way. 2. A municipality […]
