As Reported by the Senate Ways and Means Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 67 5
1999-2000 6
SENATORS HOTTINGER-FINAN-WACHTMANN-BRADY-DiDONATO-PRENTISS- 8
SCHAFRATH-WHITE-OELSLAGER-BLESSING-HERINGTON 9
_________________________________________________________________ 11
A B I L L
To enact sections 1332.01 to 1332.10 of the Revised 13
Code to provide a fair opportunity to compete 14
with the cable system of a political subdivision 15
that also serves as a franchising authority for 16
cable systems and to prohibit unfair competition
in cable operations, by prohibiting 17
discriminatory treatment in favor of a cable
service provider operated by a political 18
subdivision, requiring specified notice prior to 19
public action on a cable system, and authorizing 20
arbitration or judicial remedies to settle 21
disputes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21/2
Section 1. That sections 1332.01, 1332.02, 1332.03, 21/4
1332.04, 1332.05, 1332.06, 1332.07, 1332.08, 1332.09, and 1332.10 21/5
of the Revised Code be enacted to read as follows: 21/7
Sec. 1332.01. AS USED IN SECTIONS 1332.01 TO 1332.10 OF 21/9
THE REVISED CODE:
(A) "APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES" 21/11
MEANS ACCOUNTING PRINCIPLES AND STANDARDS SET FORTH IN ALL 21/12
APPLICABLE PRONOUNCEMENTS OF THE GOVERNMENTAL ACCOUNTING 33
STANDARDS BOARD.
(B) "CABLE SERVICE," "CABLE SYSTEM," "FRANCHISE," AND 35
"FRANCHISING AUTHORITY" HAVE THE SAME MEANINGS AS IN THE 37
"TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, TITLE III, 38
2
SECTIONS 301(a) AND 302 (b)(2), 110 STAT. 114, 124, 47 U.S.C.A. 41
522.
(C) "CABLE SERVICE PROVIDER" MEANS ANY PERSON OR GROUP OF 43
PERSONS THAT IS ENGAGED IN THE PROVISION OF CABLE SERVICE OVER A 44
CABLE SYSTEM AND DIRECTLY OR INDIRECTLY OWNS A SIGNIFICANT 46
INTEREST IN THE CABLE SYSTEM, OR THAT THROUGH ANY ARRANGEMENT 48
OTHERWISE CONTROLS OR IS RESPONSIBLE FOR THE MANAGEMENT AND 49
OPERATION OF THE CABLE SYSTEM. 50
(D) "COLOR OF OFFICE," "PUBLIC OFFICE," AND "PUBLIC 52
OFFICIAL" HAVE THE SAME MEANINGS AS IN SECTION 117.01 OF THE 53
REVISED CODE.
(E) "DIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL COSTS, 55
OPERATING COSTS, OR OTHERWISE, THAT WOULD BE ELIMINATED IF THE 57
SERVICE OR FUNCTION TO WHICH THEY RELATE WERE DISCONTINUED. 58
(F) "EXTRATERRITORIAL PUBLIC CABLE SERVICE RECIPIENT" 60
MEANS ANY HOUSEHOLD OR BUSINESS THAT IS OUTSIDE THE GEOGRAPHICAL 61
BOUNDARIES OF THE POLITICAL SUBDIVISION AND THAT RECEIVES CABLE 62
SERVICE OR BENEFITS FROM VIDEO PROGRAMMING SERVICE, TRANSMISSION 63
SERVICE, DISTRIBUTION SERVICE, REPAIR SERVICE, BILLING SERVICE, 64
OR CUSTOMER SERVICE THAT IS PROVIDED BY, ORIGINATES FROM, OR IS 65
CONTROLLED BY A PUBLIC CABLE SERVICE PROVIDER OF THE POLITICAL 66
SUBDIVISION.
(G) "FULL COST ACCOUNTING" MEANS, IN ACCORDANCE WITH 68
APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, ACCOUNTING 70
FOR ALL DIRECT AND INDIRECT COSTS, INCLUDING CAPITAL COSTS, THAT
ARE INCURRED IN THE OWNERSHIP, MANAGEMENT, OR OPERATION OF A 72
CABLE SYSTEM OR PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM. 73
(H) "INDIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL 75
COSTS, OPERATING COSTS, OR OTHERWISE, THAT ARE NOT DIRECT COSTS. 78
INDIRECT COSTS THAT SUPPORT MULTIPLE SERVICES OR FUNCTIONS SHALL 81
BE ALLOCATED AMONG THOSE SERVICES AND FUNCTIONS IN PROPORTION TO 82
THE RELATIVE BURDEN EACH SERVICE OR FUNCTION PLACES ON THE COST 83
CATEGORY AND BY ANY REASONABLE METHOD CONSISTENT WITH APPLICABLE 84
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 85
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(I) "PERSON" INCLUDES ANY INDIVIDUAL, CORPORATION, 87
PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR 88
POLITICAL SUBDIVISION. 89
(J) "PRIVATE CABLE SERVICE PROVIDER" MEANS ANY CABLE 91
SERVICE PROVIDER OTHER THAN A PUBLIC CABLE SERVICE PROVIDER. 92
(K) "PRIVATE CABLE SERVICE REGULATION" MEANS ANY 95
REGULATION, RULE, REQUIREMENT, OR RESTRICTION OF OR BY A 96
POLITICAL SUBDIVISION OF THIS STATE THAT APPLIES, BY RESOLUTION, 97
ORDINANCE, RULE, REGULATION, FRANCHISING AGREEMENT, OR OTHERWISE, 98
TO THE TERMS AND CONDITIONS OF SERVICE, CONDITIONS OF ACCESS TO 100
PUBLIC PROPERTY, PERMITS FOR POLE ATTACHMENTS, OR ANY OTHER 101
MATTER CONCERNING OR AFFECTING THE PROVISION OF CABLE SERVICE 103
OVER A CABLE SYSTEM BY A PRIVATE CABLE SERVICE PROVIDER. 104
(L) "PUBLIC CABLE SERVICE PROVIDER" MEANS ANY CABLE 106
SERVICE PROVIDER THAT IS A POLITICAL SUBDIVISION OF THIS STATE. 107
(M) "PUBLIC MONEY" MEANS ANY OF THE FOLLOWING: 110
(1) ANY MONEY RECEIVED, COLLECTED BY, OR DUE A PUBLIC 112
OFFICIAL UNDER COLOR OF OFFICE; 113
(2) ANY MONEY COLLECTED BY ANY PERSON ON BEHALF OF A 115
PUBLIC OFFICE OR AS A PURPORTED REPRESENTATIVE OR AGENT OF THE 116
PUBLIC OFFICE; 117
(3) ANY MONEY RECEIVED BY ANY PERSON, WHETHER DIRECTLY OR 119
INDIRECTLY, FROM THE UNITED STATES, THIS STATE, A COUNTY, 120
MUNICIPAL CORPORATION, TOWNSHIP, OR ANY OTHER PUBLIC OFFICE FOR 121
THE PURPOSE OF PERFORMING OR ASSISTING WITH A GOVERNMENTAL 122
FUNCTION OR PROGRAM AUTHORIZED BY OR THE RESPONSIBILITY OF THE 123
UNITED STATES, THIS STATE, A COUNTY, MUNICIPAL CORPORATION, 124
TOWNSHIP, OR ANY OTHER PUBLIC OFFICE. 125
Sec. 1332.02. IT IS THE PUBLIC POLICY OF THIS STATE UNDER 127
SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE TO: 128
(A) ENSURE FAIR COMPETITION IN THE PROVISION IN THIS STATE 130
OF CABLE SERVICE OVER A CABLE SYSTEM, CONSISTENT WITH THE 131
PROCOMPETITIVE POLICIES OF THE "TELECOMMUNICATIONS ACT OF 1996," 132
PUB. L. NO. 104-104, 110 STAT. 56, 47 U.S.C.A. 151, FOR THE 134
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PURPOSES OF PROVIDING THE WIDEST POSSIBLE DIVERSITY OF 135
ENTERTAINMENT, INFORMATION, AND NEWS SOURCES TO THE GENERAL 136
PUBLIC; ADVANCING THE UNFETTERED EXERCISE OF RIGHTS UNDER THE
FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION TO FREE SPEECH 138
AND THE FREE FLOW OF INFORMATION; ENHANCING THE DEVELOPMENT AND 139
WIDESPREAD USE OF TECHNOLOGICAL ADVANCES IN THE PROVISION OF
CABLE SERVICE OVER A CABLE SYSTEM; AND ENCOURAGING IMPROVED 140
CUSTOMER SERVICE AT COMPETITIVE RATES;
(B) ENSURE THAT ALL CABLE SERVICE OVER A CABLE SYSTEM IS 142
PROVIDED IN THIS STATE WITHIN A COMPREHENSIVE AND 143
NONDISCRIMINATORY FEDERAL, STATE, AND LOCAL SCHEME. 144
Sec. 1332.03. (A) NOTHING IN SECTIONS 1332.01 TO 1332.10 147
OF THE REVISED CODE IS AS A DETERMINATION BY THE GENERAL ASSEMBLY 148
THAT THE PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM BY A 149
MUNICIPAL CORPORATION DOES OR DOES NOT CONSTITUTE A PUBLIC
UTILITY PURSUANT TO SECTION 4 OF ARTICLE XVIII, OHIO 153
CONSTITUTION.
(B) NOTHING IN SECTIONS 1332.01 TO 1332.10 OF THE REVISED 155
CODE CONFERS AUTHORITY ON A POLITICAL SUBDIVISION OF THIS STATE 156
TO OWN, LEASE, OR OPERATE A CABLE SYSTEM OR TO PROVIDE CABLE 158
SERVICE OVER A CABLE SYSTEM; RATHER, THAT AUTHORITY, IF ANY, IS 159
AS OTHERWISE MAY BE CONFERRED BY LAW. 160
(C) EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 1332.01 TO 162
1332.10 OF THE REVISED CODE, NOTHING IN THOSE SECTIONS RESTRICTS 163
THE AUTHORITY OF A POLITICAL SUBDIVISION, OTHERWISE CONFERRED BY 164
LAW, TO GRANT A FRANCHISE TO PROVIDE CABLE SERVICE. 165
Sec. 1332.04. (A) NO POLITICAL SUBDIVISION OF THIS STATE 167
SHALL PROVIDE CABLE SERVICE OVER A CABLE SYSTEM, WHETHER BUNDLED 168
WITH OTHER SERVICES OR UNBUNDLED, EXCEPT IN ACCORDANCE WITH 169
SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE. 170
(B)(1) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 172
PUBLIC CABLE SERVICE PROVIDER OR CONTRACTS WITH A PUBLIC CABLE 174
SERVICE PROVIDER FOR CABLE SERVICE OVER A CABLE SYSTEM SHALL, BY 175
ANY MEANS, DO ANY OF THE FOLLOWING:
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(a) PREFER OR ADVANTAGE ANY PUBLIC CABLE SERVICE PROVIDER 177
OR DISCRIMINATE AGAINST ANY PRIVATE CABLE SERVICE PROVIDER IN ANY 179
MATERIAL MATTER AFFECTING THE PROVISION, WITHIN THE JURISDICTION 181
OF THE POLITICAL SUBDIVISION, OF CABLE SERVICE OVER A CABLE 182
SYSTEM;
(b) FAIL TO APPLY ANY PRIVATE CABLE SERVICE REGULATION 184
WITHOUT DISCRIMINATION TO A PUBLIC CABLE SERVICE PROVIDER WITHIN 185
THE JURISDICTION OF THE POLITICAL SUBDIVISION; 186
(c) FAIL TO PAY ALL APPLICABLE FEES, INCLUDING, BUT NOT 188
LIMITED TO, FRANCHISE FEES, PERMIT FEES, POLE ATTACHMENT FEES, OR 190
THE EQUIVALENT OF ANY SUCH FEES. 191
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION REQUIRES 193
THE APPLICATION OF A PRIVATE CABLE SERVICE REGULATION TO A PUBLIC 195
CABLE SERVICE PROVIDER IF THAT APPLICATION WOULD BE WITHOUT LEGAL 196
OR PRACTICAL CONSEQUENCE, SUCH AS THE APPLICATION OF A PRIVATE 197
CABLE SERVICE REGULATION REQUIRING PROVISION OF AN INSURANCE 198
BOND, WHICH APPLICATION TO A PUBLIC CABLE SERVICE PROVIDER WOULD 199
REQUIRE IT TO INSURE ITS PERFORMANCE TO ITSELF. 200
(C) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 202
PUBLIC CABLE SERVICE PROVIDER SHALL HAVE EXTRATERRITORIAL PUBLIC 203
CABLE SERVICE RECIPIENTS IN EXCESS OF FIFTY PER CENT OF THE 204
NUMBER OF PUBLIC CABLE SERVICE RECIPIENTS THAT RESIDE WITHIN THE 205
GEOGRAPHICAL LIMITS OF THE POLITICAL SUBDIVISION. NOTHING IN 206
THIS DIVISION PROHIBITS PUBLIC CABLE SERVICE PROVIDERS FROM 207
JOINTLY OWNING AND OPERATING HEAD-END EQUIPMENT. EACH SUCH 208
PUBLIC CABLE SERVICE PROVIDER SHALL PAY THAT PROPORTION OF THE 209
FULL COSTS OF OWNING AND OPERATING SUCH HEAD-END EQUIPMENT, 210
INCLUDING, BUT NOT LIMITED TO, THE COSTS OF CONSTRUCTION, 211
ACQUISITION, INSTALLATION, IMPROVEMENT, ENHANCEMENT, 212
MODIFICATION, FINANCING, MAINTENANCE, REPAIR, AND OPERATION, 213
EQUAL TO THE TOTAL POPULATION OF THE POLITICAL SUBDIVISION THAT 214
IS SUCH PUBLIC CABLE SERVICE PROVIDER DIVIDED BY THE TOTAL 215
POPULATION OF ALL POLITICAL SUBDIVISIONS THAT ARE PUBLIC CABLE 216
SERVICE PROVIDERS JOINTLY OWNING AND OPERATING SUCH HEAD-END 217
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EQUIPMENT, DETERMINED ANNUALLY OR WITH SUCH FREQUENCY AS SUCH 218
PUBLIC CABLE SERVICE PROVIDERS OTHERWISE AGREE. 219
(D) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 222
FRANCHISING AUTHORITY SHALL UNREASONABLY WITHHOLD A REQUEST BY A
CABLE SERVICE PROVIDER TO TRANSFER, MODIFY, OR RENEW, IN 223
ACCORDANCE WITH THE TERMS OF THE FRANCHISE AND IN ACCORDANCE WITH 224
THE PROVISIONS OF THE "TELECOMMUNICATIONS ACT OF 1996," PUB. L. 226
NO. 104-104, TITLE III, SECTION 301(i), 110 STAT. 117, 47 228
U.S.C.A. 537, THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," PUB. 229
L. NO. 98-549, SECTION 2, 98 STAT. 2790, 47 U.S.C.A. 545, OR THE 231
"CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 232
1992," PUB. L. NO. 102-385, SECTION 18, 106 STAT. 1493, 47 234
U.S.C.A. 546, ITS EXISTING FRANCHISE TO PROVIDE CABLE SERVICE 235
OVER A CABLE SYSTEM.
Sec. 1332.05. (A)(1) IN ADDITION TO SATISFYING ANY OTHER 237
APPLICABLE NOTICE AND HEARING REQUIREMENTS, THE LEGISLATIVE 238
AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE SHALL PROVIDE 240
NOTICE IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION OF ITS 241
CONSIDERATION OF AN ORDINANCE OR RESOLUTION THAT WOULD AUTHORIZE 242
THE EXPENDITURE OF PUBLIC MONEY FOR A CABLE SYSTEM OR THE 245
PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM, INCLUDING, BUT 246
NOT LIMITED TO, AN ORDINANCE OR RESOLUTION THAT WOULD AUTHORIZE
ANY OF THE FOLLOWING: 248
(a) A FEASIBILITY STUDY, MARKETING STUDY, OR ANY 250
COST-BENEFIT ANALYSIS CONCERNING THE ESTABLISHMENT, ACQUISITION, 251
CONSTRUCTION, IMPROVEMENT, FINANCING, LEASING, MANAGEMENT, OR 252
OPERATION OF A CABLE SYSTEM OR THE PROVISION OF CABLE SERVICE 253
OVER A CABLE SYSTEM; 254
(b) THE ACQUISITION, CONSTRUCTION, INSTALLATION, 256
IMPROVEMENT, FINANCING, LEASE, OR AGREEMENT FOR MANAGEMENT OR 257
OPERATION OF FACILITIES CAPABLE OF PROVIDING CABLE SERVICE OVER A 258
CABLE SYSTEM;
(c) AN AGREEMENT OR ARRANGEMENT FOR THE USE OF A CABLE 260
SYSTEM OR FOR THE PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM; 261
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(d) APPROVAL OF THE TERMS OF A FRANCHISE AGREEMENT FOR THE 264
POLITICAL SUBDIVISION AS A PUBLIC CABLE SERVICE PROVIDER, IF ANY
SUCH AGREEMENT EXISTS, OR WITH ANY OTHER PUBLIC CABLE SERVICE 266
PROVIDER TO PROVIDE CABLE SERVICE OVER A CABLE SYSTEM. 267
(2) ANY ORDINANCE OR RESOLUTION ENACTED BY THE LEGISLATIVE 270
AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE AUTHORIZING 271
THE FORMATION OF A PUBLIC CABLE SERVICE PROVIDER BY THE POLITICAL 272
SUBDIVISION SHALL INCLUDE A COMPREHENSIBLE STATEMENT OF THE 273
GENERAL PLAN FOR FINANCING THE ACQUISITION, CONSTRUCTION, 274
INSTALLATION, IMPROVEMENT, OR LEASE OF THE CABLE SYSTEM. NO SUCH 275
ORDINANCE OR RESOLUTION SHALL BE DEEMED AN EMERGENCY ORDINANCE OR 276
RESOLUTION OR A MEASURE NECESSARY FOR THE IMMEDIATE PRESERVATION 277
OF THE PUBLIC PEACE, HEALTH, OR SAFETY IN THE POLITICAL 278
SUBDIVISION, AND NO SUCH ORDINANCE OR RESOLUTION SHALL TAKE 279
EFFECT SOONER THAN THIRTY DAYS AFTER ITS DATE OF ENACTMENT. IF, 280
WITHIN THIRTY DAYS AFTER SUCH DATE OF ENACTMENT, A PETITION 281
SIGNED BY TEN PER CENT OF THE ELECTORS OF THE POLITICAL
SUBDIVISION, BASED UPON THE TOTAL NUMBER OF VOTES CAST AT THE 282
LAST PRECEDING GENERAL ELECTION OF THE POLITICAL SUBDIVISION, 283
SHALL BE FILED WITH THE APPROPRIATE OFFICE DEMANDING A REFERENDUM 284
ON THE ORDINANCE OR RESOLUTION, THE ORDINANCE OR RESOLUTION SHALL 285
NOT TAKE EFFECT UNTIL SUBMITTED TO THE ELECTORS AND APPROVED BY A 286
MAJORITY OF THOSE VOTING ON IT. 287
DIVISIONS (A)(1) AND (2) OF THIS SECTION APPLY ONLY WITH 289
RESPECT TO THE FIRST TIME AN ORDINANCE OR RESOLUTION DESCRIBED, 291
RESPECTIVELY, IN DIVISION (A)(1) OR (2) OF THIS SECTION IS 292
CONSIDERED OR ENACTED, RESPECTIVELY, BY A LEGISLATIVE AUTHORITY, 293
AND A LEGISLATIVE AUTHORITY NEED NOT COMPLY WITH DIVISION (A)(1) 294
OR (2) OF THIS SECTION REGARDING ANY ORDINANCE OR RESOLUTION THAT 297
PERTAINS TO THE SAME CABLE SYSTEM AND THAT IS CONSIDERED OR 299
ENACTED, RESPECTIVELY, SUBSEQUENT TO AN ORDINANCE OR RESOLUTION 300
THAT WAS ENACTED AND THAT COMPLIED WITH DIVISION (A)(1) OR (2) OF 301
THIS SECTION, RESPECTIVELY.
(B) NOTICE UNDER DIVISION (A)(1) OF THIS SECTION SHALL BE 304
8
GIVEN AT LEAST FORTY-FIVE DAYS PRIOR TO THE ENACTMENT OF THE 305
ORDINANCE OR RESOLUTION AND SHALL BE GIVEN TO ALL PERSONS THAT 306
HAVE FILED A PENDING APPLICATION WITH THE POLITICAL SUBDIVISION
TO PROVIDE WITHIN ITS JURISDICTION CABLE SERVICE OVER A CABLE 308
SYSTEM OR ARE PROVIDING CABLE SERVICE OVER A CABLE SYSTEM 309
PURSUANT TO A FRANCHISE GRANTED BY THE POLITICAL SUBDIVISION. 310
THE NOTICE SHALL BE IN WRITING, DELIVERED TO THE ADDRESS 311
DESIGNATED BY THE PERSON AS THE ADDRESS FOR RECEIPT OF NOTICES 312
OR, IF NO SUCH DESIGNATION HAS BEEN MADE, TO THE OPERATING 313
ADDRESS OF THAT PERSON AS REGISTERED WITH THE POLITICAL 314
SUBDIVISION. THE NOTICE SHALL BE DELIVERED BY CERTIFIED MAIL, 315
REGISTERED MAIL, OVERNIGHT DELIVERY, OR A SIMILAR METHOD OF 316
RECEIPTED DELIVERY.
(C) NO POLITICAL SUBDIVISION SHALL FAIL TO COMPLY WITH 318
DIVISION (A) OF THIS SECTION. 319
Sec. 1332.06. (A) A POLITICAL SUBDIVISION OF THIS STATE 321
THAT IS A PUBLIC CABLE SERVICE PROVIDER SHALL MAINTAIN A SPECIAL 323
FUND FOR ITS CABLE SYSTEM AND THE PROVISION OF CABLE SERVICE OVER
THAT CABLE SYSTEM AND SHALL BE SUBJECT, WITH RESPECT TO THAT 324
SPECIAL FUND, TO SECTIONS 5705.09, 5705.10, 5705.14, 5705.15, 325
5705.16, 5705.39, 5705.40, 5705.41, 5705.44, AND 5705.45 AND ANY 326
OTHER APPLICABLE PROVISION OF CHAPTER 5705. OF THE REVISED CODE 327
CONCERNING THE ESTABLISHMENT OR MAINTENANCE OF THE SPECIAL FUND. 328
(B) A POLITICAL SUBDIVISION OF THIS STATE THAT IS A PUBLIC 331
CABLE SERVICE PROVIDER SHALL PREPARE AND PUBLISH, ON OR BEFORE 332
THE FIRST DAY OF JUNE OF EACH YEAR FOR THE PRIOR CALENDAR YEAR, 333
AN ANNUAL REPORT ON ITS CABLE SYSTEM AND THE PROVISION OF CABLE 334
SERVICE OVER THAT CABLE SYSTEM. THE REPORT SHALL BE 335
SUBSTANTIALLY IN ACCORDANCE WITH FULL COST ACCOUNTING AND SHALL 336
INCLUDE DISCLOSURE OF THE AMOUNT, SOURCE, AND COST OF WORKING 337
CAPITAL UTILIZED FOR ITS CABLE SYSTEM AND THE PROVISION OF CABLE 338
SERVICE OVER THAT CABLE SYSTEM AND ESTIMATES OF THE AMOUNT OF ANY 339
FRANCHISE FEE, REGULATORY FEE, OCCUPATION TAX, POLE ATTACHMENT 340
FEE, PROPERTY TAX, OR OTHER FEE OR TAX THAT WOULD BE APPLICABLE 341
9
TO ITS CABLE SYSTEM AND THE PROVISION OF CABLE SERVICE OVER THAT 342
CABLE SYSTEM BUT FOR ANY EXEMPTION BY REASON OF ITS STATUS AS A 343
POLITICAL SUBDIVISION, WHICH EXEMPTION IS AUTHORIZED BY LAW. 344
NOTHING IN SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE 346
REQUIRES ANY ELECTED OFFICIAL OF THE POLITICAL SUBDIVISION TO 347
MAINTAIN A LOG OR OTHER RECORD OF THE TIME THE OFFICIAL SPENDS ON 349
THE BUSINESS OF THE PUBLIC CABLE SERVICE PROVIDER IN THE COURSE 350
OF OFFICIAL DUTIES.
(C) NO POLITICAL SUBDIVISION SHALL FAIL TO COMPLY WITH 352
DIVISION (A) OR (B) OF THIS SECTION. 353
Sec. 1332.07. A VIOLATION OF DIVISION (B) OF SECTION 356
1332.04 OF THE REVISED CODE BY A POLITICAL SUBDIVISION, WHETHER
AS A FRANCHISING AUTHORITY, PUBLIC CABLE SERVICE PROVIDER, OR 358
OTHERWISE, RELIEVES ANY OTHER CABLE SERVICE PROVIDER IN THE 359
JURISDICTION OF THE POLITICAL SUBDIVISION FROM ANY OBLIGATION TO 360
COMPLY WITH OR PERFORM ANY REGULATION, RULE, REQUIREMENT, OR 361
RESTRICTION THAT IS THE SUBJECT OF THE VIOLATION, AND ENTITLES 362
ANY SUCH OTHER CABLE SERVICE PROVIDER TO EQUIVALENT TREATMENT, 363
RIGHT, OR BENEFIT.
Sec. 1332.08. (A) A DISPUTE FOR WHICH A CIVIL ACTION IS 365
AUTHORIZED UNDER SECTION 1332.09 OF THE REVISED CODE MAY FIRST BE 367
SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE PROCEDURES AND 368
SUBJECT TO THE CONDITIONS SET FORTH IN DIVISIONS (B) TO (D) OF 369
THIS SECTION. 370
(B) PRIOR TO INITIATING A CIVIL ACTION UNDER SECTION 372
1332.09 OF THE REVISED CODE, A PERSON AUTHORIZED TO BRING SUCH AN 374
ACTION MAY PROVIDE WRITTEN NOTICE OF PROPOSED ARBITRATION UNDER 376
THIS SECTION TO ALL PERSONS THAT WOULD BE PARTY TO THE CIVIL 377
ACTION. THE NOTICE SHALL DESCRIBE WITH REASONABLE SPECIFICITY 378
THE ISSUES THAT WOULD BE THE SUBJECT OF THE CIVIL ACTION. THE 379
ISSUES SHALL BE SUBMITTED TO ARBITRATION ONLY IF EACH PERSON 380
RECEIVING SUCH A NOTICE OF PROPOSED ARBITRATION GIVES ITS WRITTEN 381
CONSENT NOT LATER THAN SEVEN DAYS AFTER THE DATE OF RECEIPT OF 382
THE NOTICE.
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(C) ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED AND 384
DECIDED BY A PANEL OF THREE ARBITRATORS IN ACCORDANCE WITH 385
PROCEDURES ESTABLISHED BY THE AMERICAN ARBITRATION ASSOCIATION. 386
THE PERSONS THAT WOULD BE THE COMPLAINANTS IN A CIVIL ACTION 387
UNDER SECTION 1332.09 OF THE REVISED CODE REGARDING THE ISSUES 388
SUBMITTED TO ARBITRATION SHALL SELECT ONE OF THE ARBITRATORS, THE 389
PERSONS THAT WOULD BE THE RESPONDENTS IN THE CIVIL ACTION SHALL 390
SELECT ANOTHER ONE OF THE ARBITRATORS, AND THE TWO ARBITRATORS SO 391
SELECTED SHALL JOINTLY SELECT THE THIRD ARBITRATOR. IF THE TWO 392
ARBITRATORS SELECTED ARE UNABLE TO AGREE ON A THIRD ARBITRATOR 393
WITHIN SEVEN DAYS AFTER THE LATEST DATE EITHER OF THE TWO 394
ARBITRATORS WAS SELECTED, THEY ARE REMOVED, AND THE PARTIES TO 396
THE PROPOSED ARBITRATION SHALL EACH SELECT ONE SUBSTITUTE 397
ARBITRATOR IN THE SAME MANNER AS PREVIOUSLY PROVIDED IN THIS 398
DIVISION, AND THE TWO SUBSTITUTE ARBITRATORS SO SELECTED SHALL 399
JOINTLY SELECT THE THIRD ARBITRATOR. IF THE SUBSTITUTE
ARBITRATORS ARE UNABLE TO AGREE ON A THIRD ARBITRATOR WITHIN 400
SEVEN DAYS AFTER THE LATEST DATE EITHER SUCH SUBSTITUTE 401
ARBITRATOR WAS SELECTED, THEY ARE REMOVED, AND THE ISSUES SHALL 402
NOT BE SUBMITTED TO ARBITRATION. 403
(D) NOT MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE DATE A 406
PANEL OF ARBITRATORS IS SELECTED UNDER DIVISION (C) OF THIS
SECTION, THE PANEL SHALL ISSUE A WRITTEN OPINION SETTING FORTH 407
FINDINGS AND DECISIONS RESPECTING THE ISSUES SUBMITTED TO 409
ARBITRATION. THE FINDINGS AND DECISIONS OF THE MAJORITY OF THE 410
ARBITRATORS ON THE PANEL SHALL BE DEEMED THE FINDINGS AND 411
DECISIONS OF THE PANEL. THE FINDINGS AND DECISIONS SHALL NOT BE 412
BINDING BUT SHALL BE ADMISSIBLE INTO EVIDENCE IN ANY CIVIL ACTION 413
BROUGHT UNDER SECTION 1332.09 OF THE REVISED CODE RESPECTING THE 414
ISSUES SUBMITTED TO ARBITRATION. THE ARBITRATORS SHALL NOT HAVE 415
CONTINUING JURISDICTION AFTER THE WRITTEN OPINION REQUIRED BY 416
THIS DIVISION IS ISSUED. 417
(E) ISSUES SUBMITTED TO ARBITRATION UNDER THIS SECTION MAY 419
BE RESOLVED AT ANY TIME BY BINDING SETTLEMENT AGREEMENT AMONG THE 420
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PARTIES TO THE ARBITRATION. 421
Sec. 1332.09. (A) A POLITICAL SUBDIVISION SUBJECT TO 423
DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR DIVISION (C) OF 425
SECTION 1332.05 OF THE REVISED CODE MAY BRING A CIVIL ACTION FOR 426
DECLARATORY RELIEF IN THE COURT OF COMMON PLEAS IN THE COUNTY IN
WHICH THE POLITICAL SUBDIVISION IS LOCATED OR IN ANY COUNTY OF 428
THIS STATE IN WHICH THE POLITICAL SUBDIVISION IS A PUBLIC CABLE 430
SERVICE PROVIDER.
(B) A PERSON THAT IS OR IS LIKELY TO BE ADVERSELY AFFECTED 433
BY A VIOLATION OF DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR 435
DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE MAY BRING A 436
CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN SUCH A COURT 437
OF COMMON PLEAS. SUCH PERSON THAT IS OR IS LIKELY TO BE 438
ADVERSELY AFFECTED INCLUDES A PERSON THAT PROVIDES, OR HAS FILED 440
A PENDING APPLICATION TO PROVIDE, WITHIN THE JURISDICTION OF THE 441
POLITICAL SUBDIVISION, CABLE SERVICE OVER A CABLE SYSTEM, AND 442
INCLUDES ANY OTHER POLITICAL SUBDIVISION IN WHICH SUCH ALLEGEDLY 443
NONCOMPLYING POLITICAL SUBDIVISION IS, OR HAS FILED A PENDING 444
APPLICATION TO BECOME, A PUBLIC CABLE SERVICE PROVIDER. 445
(C)(1) IF AN ARBITRATION OPINION UNDER SECTION 1332.08 OF 447
THE REVISED CODE CONTAINS A FINDING OF A VIOLATION BY A POLITICAL 449
SUBDIVISION OF DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR 451
DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE AND THE 453
POLITICAL SUBDIVISION FAILS TO RECTIFY THE VIOLATION PROMPTLY, 454
AND ANY PERSON ADVERSELY AFFECTED BY THE VIOLATION SUBSTANTIALLY 456
PREVAILS IN A SUBSEQUENT CIVIL ACTION AGAINST THE POLITICAL
SUBDIVISION UNDER DIVISION (B) OF THIS SECTION REGARDING THE 458
VIOLATION NOT PROMPTLY RECTIFIED, THE POLITICAL SUBDIVISION IS 459
LIABLE TO THE PERSON FOR THE PERSON'S COSTS AND REASONABLE 460
ATTORNEY'S FEES INCURRED IN CONNECTION WITH THE CIVIL ACTION. 461
(2) IF AN ARBITRATION OPINION UNDER SECTION 1332.08 OF THE 463
REVISED CODE DOES NOT CONTAIN A FINDING OF A VIOLATION BY A 464
POLITICAL SUBDIVISION OF DIVISION (A), (B), OR (C) OF SECTION 465
1332.04 OR DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE 467
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AND THE POLITICAL SUBDIVISION SUBSTANTIALLY PREVAILS IN A 468
SUBSEQUENT CIVIL ACTION BROUGHT AGAINST IT UNDER DIVISION (B) OF 469
THIS SECTION RESPECTING AN ALLEGED VIOLATION, THE COMPLAINANTS IN 470
THE CIVIL ACTION ARE LIABLE TO THE POLITICAL SUBDIVISION FOR ITS 472
COSTS AND REASONABLE ATTORNEY'S FEES INCURRED IN CONNECTION WITH 473
THE CIVIL ACTION. 474
(3) THE COURT SHALL EXERCISE ITS EQUITABLE DISCRETION IN 478
DETERMINING THE APPROPRIATE AMOUNT OF ATTORNEY'S FEES TO BE 479
AWARDED UNDER DIVISION (C)(1) OR (2) OF THIS SECTION. IN
EXERCISING THAT DISCRETION, THE COURT SHALL CONSIDER AT LEAST ALL 481
OF THE FOLLOWING: THE DEGREE TO WHICH THE PARTY PARTIALLY 482
PREVAILED, THE REASONABLENESS OF THE PARTY'S ACTION, THE 483
REASONABLENESS OF THE ARBITRATOR'S DECISION, THE EFFORT OR LACK 484
OF EFFORT OF THE PARTIES TO REACH A SETTLEMENT, AND THE GOOD 485
FAITH OR LACK OF GOOD FAITH OF THE PARTIES.
Sec. 1332.10. ANY RIGHT OF ACTION, REMEDY, OR PENALTY 487
UNDER SECTION 1332.08 OR 1332.09 OF THE REVISED CODE IS IN 488
ADDITION TO ANY RIGHT OF ACTION, REMEDY, OR PENALTY OTHERWISE 489
AVAILABLE UNDER LAW. 490
Section 2. If any provision of law that constitutes the 492
whole or part of a codified section of law contained in this act, 493
or if any application of any provision of law that constitutes 494
the whole or part of a codified section of law contained in this 495
act, is held invalid, the invalidity does not affect other 496
provisions of law or application of provisions of law that can be 497
given effect without the invalid provision of law or application. 498
To this end, the provisions of law of which the codified sections 499
contained in this act are composed, and their applications, are 500
independent and severable. 501