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.)
________________________________________
MO127916/DI 92 2006