HB 1315-1_ Filed 03/14/2006, 15:12 Harrison
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1315
Citations Affected: IC 8-1-34-16; IC 8-1-34-22.
Synopsis: Video service franchises. Proposed conference committee report for EHB 1315.
Provides that the obligations owed to private persons by a video service provider that terminates
a local franchise in order to obtain a state-issued franchise do not include obligations: (1) arising
out of the terminated local franchise; or (2) based on the gross income received by the provider
in the service area covered by the terminated local franchise. (This conference committee
report: (1) removes provisions concerning sprinkler systems in health facilities; and (2)
adds provisions concerning holders of state-issued video service franchises.)
Effective: Upon passage.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1315 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 8-1-34-16; (06)CC131501.1.1. -->
SECTION 1. IC 8-1-34-16, AS ADDED BY HEA 1279-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 16. (a) Except as provided in
section 21 of this chapter, after June 30, 2006:
(1) the commission is the sole franchising authority (as defined in
47 U.S.C. 522(10)) for the provision of video service in Indiana;
and
(2) a unit may not:
(A) require a provider to obtain a separate franchise; or
(B) impose any fee, gross receipt tax, licensing requirement, rate
regulation, or build-out requirement on a provider;
except as authorized by this chapter.
(b) Except as provided in section 21 of this chapter, a person who
seeks to provide video service in Indiana after June 30, 2006, shall file
with the commission an application for a franchise. The application
shall be made on a form prescribed by the commission and must include
the following:
(1) A sworn affidavit, signed by an officer or another person
authorized to bind the applicant, that affirms the following:
(A) That the applicant has filed or will timely file with the
Federal Communications Commission all forms required by the
Federal Communications Commission before offering video
service in Indiana.
(B) That the applicant agrees to comply with all federal and state
statutes, rules, and regulations applicable to the operation of the
applicant's video service system.
(C) That the applicant agrees to:
(i) comply with any local ordinance or regulation governing the
use of public rights-of-way in the delivery of video service; and
(ii) recognize the police powers of a unit to enforce the
ordinance or regulation.
(D) If the applicant will terminate an existing local franchise
under section 21 of this chapter, that the applicant agrees to
perform any obligations owed to any private person,
under the
terminated franchise until such time as the local franchise would
otherwise terminate or expire, as required by section 22 of this
chapter.
(2) The applicant's legal name and any name under which the
applicant does or will do business in Indiana, as authorized by the
secretary of state.
(3) The address and telephone number of the applicant's principal
place of business, along with contact information for the person
responsible for ongoing communications with the commission.
(4) The names and titles of the applicant's principal officers.
(5) The legal name, address, and telephone number of the
applicant's parent company, if any.
(6) A description of each service area in Indiana to be served by the
applicant. A service area described under this subdivision may
include an unincorporated area in Indiana.
(7) The expected date for the deployment of video service in each
of the areas identified in subdivision (6).
(8) A list of other states in which the applicant provides video
service.
(9) If the applicant will terminate an existing local franchise under
section 21(b) of this chapter, a copy of the written notice sent to the
municipality under section 21(c) of this chapter.
(10) Any other information the commission considers necessary to:
(A) monitor the provision of video service to Indiana customers;
and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
This subsection does not empower the commission to require an
applicant to disclose confidential and proprietary business plans and
other confidential information without adequate protection of the
information. The commission shall exercise all necessary caution to
avoid disclosure of confidential information supplied under this
subsection.
(c) The commission may charge a fee for filing an application under
this section. Any fee charged by the commission under this subsection
may not exceed the commission's actual costs to process and review the
application under section 17 of this chapter.
SOURCE: IC 8-1-34-22; (06)CC131501.1.2. -->
SECTION 2. IC 8-1-34-22, AS ADDED BY HEA 1279-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 22. (a) A provider that elects
to terminate a local franchise under section 21 of this chapter remains
subject to the contractual rights, duties, and obligations incurred by the
provider under the terms and conditions of the terminated local
franchise that are owed to any private person. including a subscriber.
(b) The obligations that a provider owes to a private person under
subsection (a) include any obligations based on the gross income
received by the provider:
(1) after the provider becomes a holder of a certificate under this
chapter; and
(2) for video service provided in the service area covered by the
terminated local franchise;
if, under the terms of the terminated local franchise, the obligations
would have been based on the gross income received by the provider for
video service provided in the service area covered by the terminated
local franchise.
(c) (b) All liens, security interests, royalties, and other contracts,
rights, and interests arising out of the terminated local franchise and
owed to a private person, shall:
(1) continue in full force and effect without the need for renewal,
extension, or continuance; and
(2) be paid or performed by the provider after becoming a holder of
a certificate under this chapter. and
(3) apply as though the gross revenue of the provider continued to
be generated under the terminated local franchise with respect to
any revenue generated in the service area covered by the terminated
local franchise.
(d) (c) The commission shall condition the issuance or renewal of a
certificate under this chapter on a provider's payment and performance
of the rights, duties, and obligations described in this section. until the
time the terminated local franchise would ordinarily terminate or expire
if the provider had not made the election under section 21 of this
chapter. In applying for an initial certificate or a renewal certificate
under this chapter, a provider shall agree to pay or perform the
obligations described in this section, as required by section 16(b)(1)(D)
of this chapter.
(e) (d) A private person that claims to be:
(1) owed any rights, duties, or obligations by a holder under this
section; and
(2) aggrieved by a holder's alleged violation of this section;
may bring an action in a court with jurisdiction to enforce the rights,
duties, or obligations claimed to be owed to the person.
(f) (e) As used in this section, "private person" does not include:
(1) the unit that issued the terminated local franchise;
(2) a political subdivision (as defined in IC 36-1-2-13) not
described in subdivision (1); or
(3) any official, agent, or employee of:
(A) the unit that issued the terminated local franchise; or
(B) a political subdivision described in subdivision (2);
in the individual's official capacity.