HB 1279-7_ Filed 01/24/2006, 11:14 Messer
Adopted 1/25/2006


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1279 be amended to read as follows:

SOURCE: Page 11, line 12; (06)MO127916.11. -->     Page 11, line 12, delete "(as defined in".
    Page 11, line 13, delete "IC 8-1-34-14)".
    Page 11, line 13, delete "customers, as determined by the" and insert " customers.".
    Page 11, line 14, delete "commission in carrying out its duties under IC 8-1-34.".
    Page 30, delete lines 23 through 42, begin a new paragraph and insert:
    " Sec. 1. As used in this chapter, "incumbent cable operator" means the cable operator (as defined in 47 U.S.C. 522(5)) serving the largest number of cable service subscribers in a particular unit.".
    Page 31, delete lines 1 through 6.
    Page 31, line 7, delete "8." and insert " 2.".
    Page 31, line 8, delete ":".
    Page 31, delete line 9.
    Page 31, line 10, delete "(2)".
    Page 31, line 10, delete "video service" and insert " cable".
    Page 31, run in lines 8 through 10.
    Page 31, line 11, after "system" insert " (as defined in 47 U.S.C. 522(7))".
    Page 31, delete lines 12 through 42, begin a new paragraph and insert:
    " Sec. 3. As used in this chapter, "unit" has the meaning set forth in IC 36-1-2-23.
    Sec. 4. As used in this chapter, "video programming" has the meaning set forth in 47 U.S.C. 522(20).
    Sec. 5. (a) A unit shall make a local franchise available to any entity other than the unit's incumbent cable operator that seeks to provide video programming in the unit by means of any facilities that in whole or in part make use of public rights-of-way, regardless of technology. A franchise made available under this subsection must contain identical terms and conditions to the franchise in effect for the incumbent cable operator serving the unit.
    (b) The unit shall make the local franchise described in subsection (a) available for execution not more than fifteen (15) days after the unit's receipt of a written application that is in a form acceptable to the unit and contains all the information required by the unit.
    (c) An entity that does not have a franchise may not provide video programing by means of any facilities, regardless of technology, that in whole or in part make use of public rights-of-way.
".
    Delete pages 32 through 45.
    Page 46, delete lines 1 through 40.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1279 as printed January 20, 2006.)

________________________________________

Representative Messer


MO127916/DI 92     2006