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: 23
Section 1. That sections 1332.01, 1332.02, 1332.03, 25
1332.04, 1332.05, 1332.06, 1332.07, 1332.08, 1332.09, and 1332.10 26
of the Revised Code be enacted to read as follows: 28
Sec. 1332.01. AS USED IN SECTIONS 1332.01 TO 1332.10 OF 30
THE REVISED CODE:
(A) "APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES" 32
MEANS ACCOUNTING PRINCIPLES AND STANDARDS SET FORTH IN ALL 33
APPLICABLE PRONOUNCEMENTS OF THE GOVERNMENTAL ACCOUNTING 34
STANDARDS BOARD.
(B) "CABLE SERVICE," "CABLE SYSTEM," "FRANCHISE," AND 36
"FRANCHISING AUTHORITY" HAVE THE SAME MEANINGS AS IN THE 38
"TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, TITLE III, 39
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SECTIONS 301(a) AND 302 (b)(2), 110 STAT. 114, 124, 47 U.S.C.A. 42
522.
(C) "CABLE SERVICE PROVIDER" MEANS ANY PERSON OR GROUP OF 44
PERSONS THAT IS ENGAGED IN THE PROVISION OF CABLE SERVICE OVER A 45
CABLE SYSTEM AND DIRECTLY OR INDIRECTLY OWNS A SIGNIFICANT 47
INTEREST IN THE CABLE SYSTEM, OR THAT THROUGH ANY ARRANGEMENT 49
OTHERWISE CONTROLS OR IS RESPONSIBLE FOR THE MANAGEMENT AND 50
OPERATION OF THE CABLE SYSTEM. 51
(D) "COLOR OF OFFICE," "PUBLIC OFFICE," AND "PUBLIC 53
OFFICIAL" HAVE THE SAME MEANINGS AS IN SECTION 117.01 OF THE 54
REVISED CODE.
(E) "DIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL COSTS, 56
OPERATING COSTS, OR OTHERWISE, THAT WOULD BE ELIMINATED IF THE 58
SERVICE OR FUNCTION TO WHICH THEY RELATE WERE DISCONTINUED. 59
(F) "EXTRATERRITORIAL PUBLIC CABLE SERVICE RECIPIENT" 61
MEANS ANY HOUSEHOLD OR BUSINESS THAT IS OUTSIDE THE GEOGRAPHICAL 62
BOUNDARIES OF THE POLITICAL SUBDIVISION AND THAT RECEIVES CABLE 63
SERVICE OR BENEFITS FROM VIDEO PROGRAMMING SERVICE, TRANSMISSION 64
SERVICE, DISTRIBUTION SERVICE, REPAIR SERVICE, BILLING SERVICE, 65
OR CUSTOMER SERVICE THAT IS PROVIDED BY, ORIGINATES FROM, OR IS 66
CONTROLLED BY A PUBLIC CABLE SERVICE PROVIDER OF THE POLITICAL 67
SUBDIVISION.
(G) "FULL COST ACCOUNTING" MEANS, IN ACCORDANCE WITH 69
APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, ACCOUNTING 71
FOR ALL DIRECT AND INDIRECT COSTS, INCLUDING CAPITAL COSTS, THAT
ARE INCURRED IN THE OWNERSHIP, MANAGEMENT, OR OPERATION OF A 73
CABLE SYSTEM OR PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM. 74
(H) "INDIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL 76
COSTS, OPERATING COSTS, OR OTHERWISE, THAT ARE NOT DIRECT COSTS. 79
INDIRECT COSTS THAT SUPPORT MULTIPLE SERVICES OR FUNCTIONS SHALL 82
BE ALLOCATED AMONG THOSE SERVICES AND FUNCTIONS IN PROPORTION TO 83
THE RELATIVE BURDEN EACH SERVICE OR FUNCTION PLACES ON THE COST 84
CATEGORY AND BY ANY REASONABLE METHOD CONSISTENT WITH APPLICABLE 85
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 86
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(I) "PERSON" INCLUDES ANY INDIVIDUAL, CORPORATION, 88
PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR 89
POLITICAL SUBDIVISION. 90
(J) "PRIVATE CABLE SERVICE PROVIDER" MEANS ANY CABLE 92
SERVICE PROVIDER OTHER THAN A PUBLIC CABLE SERVICE PROVIDER. 93
(K) "PRIVATE CABLE SERVICE REGULATION" MEANS ANY 96
REGULATION, RULE, REQUIREMENT, OR RESTRICTION OF OR BY A 97
POLITICAL SUBDIVISION OF THIS STATE THAT APPLIES, BY RESOLUTION, 98
ORDINANCE, RULE, REGULATION, FRANCHISING AGREEMENT, OR OTHERWISE, 99
TO THE TERMS AND CONDITIONS OF SERVICE, CONDITIONS OF ACCESS TO 101
PUBLIC PROPERTY, PERMITS FOR POLE ATTACHMENTS, OR ANY OTHER 102
MATTER CONCERNING OR AFFECTING THE PROVISION OF CABLE SERVICE 104
OVER A CABLE SYSTEM BY A PRIVATE CABLE SERVICE PROVIDER. 105
(L) "PUBLIC CABLE SERVICE PROVIDER" MEANS ANY CABLE 107
SERVICE PROVIDER THAT IS A POLITICAL SUBDIVISION OF THIS STATE. 108
(M) "PUBLIC MONEY" MEANS ANY OF THE FOLLOWING: 111
(1) ANY MONEY RECEIVED, COLLECTED BY, OR DUE A PUBLIC 113
OFFICIAL UNDER COLOR OF OFFICE; 114
(2) ANY MONEY COLLECTED BY ANY PERSON ON BEHALF OF A 116
PUBLIC OFFICE OR AS A PURPORTED REPRESENTATIVE OR AGENT OF THE 117
PUBLIC OFFICE; 118
(3) ANY MONEY RECEIVED BY ANY PERSON, WHETHER DIRECTLY OR 120
INDIRECTLY, FROM THE UNITED STATES, THIS STATE, A COUNTY, 121
MUNICIPAL CORPORATION, TOWNSHIP, OR ANY OTHER PUBLIC OFFICE FOR 122
THE PURPOSE OF PERFORMING OR ASSISTING WITH A GOVERNMENTAL 123
FUNCTION OR PROGRAM AUTHORIZED BY OR THE RESPONSIBILITY OF THE 124
UNITED STATES, THIS STATE, A COUNTY, MUNICIPAL CORPORATION, 125
TOWNSHIP, OR ANY OTHER PUBLIC OFFICE. 126
Sec. 1332.02. IT IS THE PUBLIC POLICY OF THIS STATE UNDER 128
SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE TO: 129
(A) ENSURE FAIR COMPETITION IN THE PROVISION IN THIS STATE 131
OF CABLE SERVICE OVER A CABLE SYSTEM, CONSISTENT WITH THE 132
PROCOMPETITIVE POLICIES OF THE "TELECOMMUNICATIONS ACT OF 1996," 133
PUB. L. NO. 104-104, 110 STAT. 56, 47 U.S.C.A. 151, FOR THE 135
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PURPOSES OF PROVIDING THE WIDEST POSSIBLE DIVERSITY OF 136
ENTERTAINMENT, INFORMATION, AND NEWS SOURCES TO THE GENERAL 137
PUBLIC; ADVANCING THE UNFETTERED EXERCISE OF RIGHTS UNDER THE
FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION TO FREE SPEECH 139
AND THE FREE FLOW OF INFORMATION; ENHANCING THE DEVELOPMENT AND 140
WIDESPREAD USE OF TECHNOLOGICAL ADVANCES IN THE PROVISION OF
CABLE SERVICE OVER A CABLE SYSTEM; AND ENCOURAGING IMPROVED 141
CUSTOMER SERVICE AT COMPETITIVE RATES;
(B) ENSURE THAT ALL CABLE SERVICE OVER A CABLE SYSTEM IS 143
PROVIDED IN THIS STATE WITHIN A COMPREHENSIVE AND 144
NONDISCRIMINATORY FEDERAL, STATE, AND LOCAL SCHEME. 145
Sec. 1332.03. (A) NOTHING IN SECTIONS 1332.01 TO 1332.10 148
OF THE REVISED CODE IS AS A DETERMINATION BY THE GENERAL ASSEMBLY 149
THAT THE PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM BY A 150
MUNICIPAL CORPORATION DOES OR DOES NOT CONSTITUTE A PUBLIC
UTILITY PURSUANT TO SECTION 4 OF ARTICLE XVIII, OHIO 154
CONSTITUTION.
(B) NOTHING IN SECTIONS 1332.01 TO 1332.10 OF THE REVISED 156
CODE CONFERS AUTHORITY ON A POLITICAL SUBDIVISION OF THIS STATE 157
TO OWN, LEASE, OR OPERATE A CABLE SYSTEM OR TO PROVIDE CABLE 159
SERVICE OVER A CABLE SYSTEM; RATHER, THAT AUTHORITY, IF ANY, IS 160
AS OTHERWISE MAY BE CONFERRED BY LAW. 161
(C) EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 1332.01 TO 163
1332.10 OF THE REVISED CODE, NOTHING IN THOSE SECTIONS RESTRICTS 164
THE AUTHORITY OF A POLITICAL SUBDIVISION, OTHERWISE CONFERRED BY 165
LAW, TO GRANT A FRANCHISE TO PROVIDE CABLE SERVICE. 166
Sec. 1332.04. (A) NO POLITICAL SUBDIVISION OF THIS STATE 168
SHALL PROVIDE CABLE SERVICE OVER A CABLE SYSTEM, WHETHER BUNDLED 169
WITH OTHER SERVICES OR UNBUNDLED, EXCEPT IN ACCORDANCE WITH 170
SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE. 171
(B)(1) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 173
PUBLIC CABLE SERVICE PROVIDER OR CONTRACTS WITH A PUBLIC CABLE 175
SERVICE PROVIDER FOR CABLE SERVICE OVER A CABLE SYSTEM SHALL, BY 176
ANY MEANS, DO ANY OF THE FOLLOWING:
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(a) PREFER OR ADVANTAGE ANY PUBLIC CABLE SERVICE PROVIDER 178
OR DISCRIMINATE AGAINST ANY PRIVATE CABLE SERVICE PROVIDER IN ANY 180
MATERIAL MATTER AFFECTING THE PROVISION, WITHIN THE JURISDICTION 182
OF THE POLITICAL SUBDIVISION, OF CABLE SERVICE OVER A CABLE 183
SYSTEM;
(b) FAIL TO APPLY ANY PRIVATE CABLE SERVICE REGULATION 185
WITHOUT DISCRIMINATION TO A PUBLIC CABLE SERVICE PROVIDER WITHIN 186
THE JURISDICTION OF THE POLITICAL SUBDIVISION; 187
(c) FAIL TO PAY ALL APPLICABLE FEES, INCLUDING, BUT NOT 189
LIMITED TO, FRANCHISE FEES, PERMIT FEES, POLE ATTACHMENT FEES, OR 191
THE EQUIVALENT OF ANY SUCH FEES. 192
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION REQUIRES 194
THE APPLICATION OF A PRIVATE CABLE SERVICE REGULATION TO A PUBLIC 196
CABLE SERVICE PROVIDER IF THAT APPLICATION WOULD BE WITHOUT LEGAL 197
OR PRACTICAL CONSEQUENCE, SUCH AS THE APPLICATION OF A PRIVATE 198
CABLE SERVICE REGULATION REQUIRING PROVISION OF AN INSURANCE 199
BOND, WHICH APPLICATION TO A PUBLIC CABLE SERVICE PROVIDER WOULD 200
REQUIRE IT TO INSURE ITS PERFORMANCE TO ITSELF. 201
(C) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 203
PUBLIC CABLE SERVICE PROVIDER SHALL HAVE EXTRATERRITORIAL PUBLIC 204
CABLE SERVICE RECIPIENTS IN EXCESS OF FIFTY PER CENT OF THE 205
NUMBER OF PUBLIC CABLE SERVICE RECIPIENTS THAT RESIDE WITHIN THE 206
GEOGRAPHICAL LIMITS OF THE POLITICAL SUBDIVISION. NOTHING IN 207
THIS DIVISION PROHIBITS PUBLIC CABLE SERVICE PROVIDERS FROM 208
JOINTLY OWNING AND OPERATING HEAD-END EQUIPMENT. EACH SUCH 209
PUBLIC CABLE SERVICE PROVIDER SHALL PAY THAT PROPORTION OF THE 210
FULL COSTS OF OWNING AND OPERATING SUCH HEAD-END EQUIPMENT, 211
INCLUDING, BUT NOT LIMITED TO, THE COSTS OF CONSTRUCTION, 212
ACQUISITION, INSTALLATION, IMPROVEMENT, ENHANCEMENT, 213
MODIFICATION, FINANCING, MAINTENANCE, REPAIR, AND OPERATION, 214
EQUAL TO THE TOTAL POPULATION OF THE POLITICAL SUBDIVISION THAT 215
IS SUCH PUBLIC CABLE SERVICE PROVIDER DIVIDED BY THE TOTAL 216
POPULATION OF ALL POLITICAL SUBDIVISIONS THAT ARE PUBLIC CABLE 217
SERVICE PROVIDERS JOINTLY OWNING AND OPERATING SUCH HEAD-END 218
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EQUIPMENT, DETERMINED ANNUALLY OR WITH SUCH FREQUENCY AS SUCH 219
PUBLIC CABLE SERVICE PROVIDERS OTHERWISE AGREE. 220
(D) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 223
FRANCHISING AUTHORITY SHALL UNREASONABLY WITHHOLD A REQUEST BY A
CABLE SERVICE PROVIDER TO TRANSFER, MODIFY, OR RENEW, IN 224
ACCORDANCE WITH THE TERMS OF THE FRANCHISE AND IN ACCORDANCE WITH 225
THE PROVISIONS OF THE "TELECOMMUNICATIONS ACT OF 1996," PUB. L. 227
NO. 104-104, TITLE III, SECTION 301(i), 110 STAT. 117, 47 229
U.S.C.A. 537, THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," PUB. 230
L. NO. 98-549, SECTION 2, 98 STAT. 2790, 47 U.S.C.A. 545, OR THE 232
"CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 233
1992," PUB. L. NO. 102-385, SECTION 18, 106 STAT. 1493, 47 235
U.S.C.A. 546, ITS EXISTING FRANCHISE TO PROVIDE CABLE SERVICE 236
OVER A CABLE SYSTEM.
Sec. 1332.05. (A)(1) IN ADDITION TO SATISFYING ANY OTHER 238
APPLICABLE NOTICE AND HEARING REQUIREMENTS, THE LEGISLATIVE 239
AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE SHALL PROVIDE 241
NOTICE IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION OF ITS 242
CONSIDERATION OF AN ORDINANCE OR RESOLUTION THAT WOULD AUTHORIZE 243
THE EXPENDITURE OF PUBLIC MONEY FOR A CABLE SYSTEM OR THE 246
PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM, INCLUDING, BUT 247
NOT LIMITED TO, AN ORDINANCE OR RESOLUTION THAT WOULD AUTHORIZE
ANY OF THE FOLLOWING: 249
(a) A FEASIBILITY STUDY, MARKETING STUDY, OR ANY 251
COST-BENEFIT ANALYSIS CONCERNING THE ESTABLISHMENT, ACQUISITION, 252
CONSTRUCTION, IMPROVEMENT, FINANCING, LEASING, MANAGEMENT, OR 253
OPERATION OF A CABLE SYSTEM OR THE PROVISION OF CABLE SERVICE 254
OVER A CABLE SYSTEM; 255
(b) THE ACQUISITION, CONSTRUCTION, INSTALLATION, 257
IMPROVEMENT, FINANCING, LEASE, OR AGREEMENT FOR MANAGEMENT OR 258
OPERATION OF FACILITIES CAPABLE OF PROVIDING CABLE SERVICE OVER A 259
CABLE SYSTEM;
(c) AN AGREEMENT OR ARRANGEMENT FOR THE USE OF A CABLE 261
SYSTEM OR FOR THE PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM; 262
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(d) APPROVAL OF THE TERMS OF A FRANCHISE AGREEMENT FOR THE 265
POLITICAL SUBDIVISION AS A PUBLIC CABLE SERVICE PROVIDER, IF ANY
SUCH AGREEMENT EXISTS, OR WITH ANY OTHER PUBLIC CABLE SERVICE 267
PROVIDER TO PROVIDE CABLE SERVICE OVER A CABLE SYSTEM. 268
(2) ANY ORDINANCE OR RESOLUTION ENACTED BY THE LEGISLATIVE 271
AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE AUTHORIZING 272
THE FORMATION OF A PUBLIC CABLE SERVICE PROVIDER BY THE POLITICAL 273
SUBDIVISION SHALL INCLUDE A COMPREHENSIBLE STATEMENT OF THE 274
GENERAL PLAN FOR FINANCING THE ACQUISITION, CONSTRUCTION, 275
INSTALLATION, IMPROVEMENT, OR LEASE OF THE CABLE SYSTEM. NO SUCH 276
ORDINANCE OR RESOLUTION SHALL BE DEEMED AN EMERGENCY ORDINANCE OR 277
RESOLUTION OR A MEASURE NECESSARY FOR THE IMMEDIATE PRESERVATION 278
OF THE PUBLIC PEACE, HEALTH, OR SAFETY IN THE POLITICAL 279
SUBDIVISION, AND NO SUCH ORDINANCE OR RESOLUTION SHALL TAKE 280
EFFECT SOONER THAN THIRTY DAYS AFTER ITS DATE OF ENACTMENT. IF, 281
WITHIN THIRTY DAYS AFTER SUCH DATE OF ENACTMENT, A PETITION 282
SIGNED BY TEN PER CENT OF THE ELECTORS OF THE POLITICAL
SUBDIVISION, BASED UPON THE TOTAL NUMBER OF VOTES CAST AT THE 283
LAST PRECEDING GENERAL ELECTION OF THE POLITICAL SUBDIVISION, 284
SHALL BE FILED WITH THE APPROPRIATE OFFICE DEMANDING A REFERENDUM 285
ON THE ORDINANCE OR RESOLUTION, THE ORDINANCE OR RESOLUTION SHALL 286
NOT TAKE EFFECT UNTIL SUBMITTED TO THE ELECTORS AND APPROVED BY A 287
MAJORITY OF THOSE VOTING ON IT. 288
DIVISIONS (A)(1) AND (2) OF THIS SECTION APPLY ONLY WITH 290
RESPECT TO THE FIRST TIME AN ORDINANCE OR RESOLUTION DESCRIBED, 292
RESPECTIVELY, IN DIVISION (A)(1) OR (2) OF THIS SECTION IS 293
CONSIDERED OR ENACTED, RESPECTIVELY, BY A LEGISLATIVE AUTHORITY, 294
AND A LEGISLATIVE AUTHORITY NEED NOT COMPLY WITH DIVISION (A)(1) 295
OR (2) OF THIS SECTION REGARDING ANY ORDINANCE OR RESOLUTION THAT 298
PERTAINS TO THE SAME CABLE SYSTEM AND THAT IS CONSIDERED OR 300
ENACTED, RESPECTIVELY, SUBSEQUENT TO AN ORDINANCE OR RESOLUTION 301
THAT WAS ENACTED AND THAT COMPLIED WITH DIVISION (A)(1) OR (2) OF 302
THIS SECTION, RESPECTIVELY.
(B) NOTICE UNDER DIVISION (A)(1) OF THIS SECTION SHALL BE 305
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GIVEN AT LEAST FORTY-FIVE DAYS PRIOR TO THE ENACTMENT OF THE 306
ORDINANCE OR RESOLUTION AND SHALL BE GIVEN TO ALL PERSONS THAT 307
HAVE FILED A PENDING APPLICATION WITH THE POLITICAL SUBDIVISION
TO PROVIDE WITHIN ITS JURISDICTION CABLE SERVICE OVER A CABLE 309
SYSTEM OR ARE PROVIDING CABLE SERVICE OVER A CABLE SYSTEM 310
PURSUANT TO A FRANCHISE GRANTED BY THE POLITICAL SUBDIVISION. 311
THE NOTICE SHALL BE IN WRITING, DELIVERED TO THE ADDRESS 312
DESIGNATED BY THE PERSON AS THE ADDRESS FOR RECEIPT OF NOTICES 313
OR, IF NO SUCH DESIGNATION HAS BEEN MADE, TO THE OPERATING 314
ADDRESS OF THAT PERSON AS REGISTERED WITH THE POLITICAL 315
SUBDIVISION. THE NOTICE SHALL BE DELIVERED BY CERTIFIED MAIL, 316
REGISTERED MAIL, OVERNIGHT DELIVERY, OR A SIMILAR METHOD OF 317
RECEIPTED DELIVERY.
(C) NO POLITICAL SUBDIVISION SHALL FAIL TO COMPLY WITH 319
DIVISION (A) OF THIS SECTION. 320
Sec. 1332.06. (A) A POLITICAL SUBDIVISION OF THIS STATE 322
THAT IS A PUBLIC CABLE SERVICE PROVIDER SHALL MAINTAIN A SPECIAL 324
FUND FOR ITS CABLE SYSTEM AND THE PROVISION OF CABLE SERVICE OVER
THAT CABLE SYSTEM AND SHALL BE SUBJECT, WITH RESPECT TO THAT 325
SPECIAL FUND, TO SECTIONS 5705.09, 5705.10, 5705.14, 5705.15, 326
5705.16, 5705.39, 5705.40, 5705.41, 5705.44, AND 5705.45 AND ANY 327
OTHER APPLICABLE PROVISION OF CHAPTER 5705. OF THE REVISED CODE 328
CONCERNING THE ESTABLISHMENT OR MAINTENANCE OF THE SPECIAL FUND. 329
(B) A POLITICAL SUBDIVISION OF THIS STATE THAT IS A PUBLIC 332
CABLE SERVICE PROVIDER SHALL PREPARE AND PUBLISH, ON OR BEFORE 333
THE FIRST DAY OF JUNE OF EACH YEAR FOR THE PRIOR CALENDAR YEAR, 334
AN ANNUAL REPORT ON ITS CABLE SYSTEM AND THE PROVISION OF CABLE 335
SERVICE OVER THAT CABLE SYSTEM. THE REPORT SHALL BE 336
SUBSTANTIALLY IN ACCORDANCE WITH FULL COST ACCOUNTING AND SHALL 337
INCLUDE DISCLOSURE OF THE AMOUNT, SOURCE, AND COST OF WORKING 338
CAPITAL UTILIZED FOR ITS CABLE SYSTEM AND THE PROVISION OF CABLE 339
SERVICE OVER THAT CABLE SYSTEM AND ESTIMATES OF THE AMOUNT OF ANY 340
FRANCHISE FEE, REGULATORY FEE, OCCUPATION TAX, POLE ATTACHMENT 341
FEE, PROPERTY TAX, OR OTHER FEE OR TAX THAT WOULD BE APPLICABLE 342
9
TO ITS CABLE SYSTEM AND THE PROVISION OF CABLE SERVICE OVER THAT 343
CABLE SYSTEM BUT FOR ANY EXEMPTION BY REASON OF ITS STATUS AS A 344
POLITICAL SUBDIVISION, WHICH EXEMPTION IS AUTHORIZED BY LAW. 345
NOTHING IN SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE 347
REQUIRES ANY ELECTED OFFICIAL OF THE POLITICAL SUBDIVISION TO 348
MAINTAIN A LOG OR OTHER RECORD OF THE TIME THE OFFICIAL SPENDS ON 350
THE BUSINESS OF THE PUBLIC CABLE SERVICE PROVIDER IN THE COURSE 351
OF OFFICIAL DUTIES.
(C) NO POLITICAL SUBDIVISION SHALL FAIL TO COMPLY WITH 353
DIVISION (A) OR (B) OF THIS SECTION. 354
Sec. 1332.07. A VIOLATION OF DIVISION (B) OF SECTION 357
1332.04 OF THE REVISED CODE BY A POLITICAL SUBDIVISION, WHETHER
AS A FRANCHISING AUTHORITY, PUBLIC CABLE SERVICE PROVIDER, OR 359
OTHERWISE, RELIEVES ANY OTHER CABLE SERVICE PROVIDER IN THE 360
JURISDICTION OF THE POLITICAL SUBDIVISION FROM ANY OBLIGATION TO 361
COMPLY WITH OR PERFORM ANY REGULATION, RULE, REQUIREMENT, OR 362
RESTRICTION THAT IS THE SUBJECT OF THE VIOLATION, AND ENTITLES 363
ANY SUCH OTHER CABLE SERVICE PROVIDER TO EQUIVALENT TREATMENT, 364
RIGHT, OR BENEFIT.
Sec. 1332.08. (A) A DISPUTE FOR WHICH A CIVIL ACTION IS 366
AUTHORIZED UNDER SECTION 1332.09 OF THE REVISED CODE MAY FIRST BE 368
SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE PROCEDURES AND 369
SUBJECT TO THE CONDITIONS SET FORTH IN DIVISIONS (B) TO (D) OF 370
THIS SECTION. 371
(B) PRIOR TO INITIATING A CIVIL ACTION UNDER SECTION 373
1332.09 OF THE REVISED CODE, A PERSON AUTHORIZED TO BRING SUCH AN 375
ACTION MAY PROVIDE WRITTEN NOTICE OF PROPOSED ARBITRATION UNDER 377
THIS SECTION TO ALL PERSONS THAT WOULD BE PARTY TO THE CIVIL 378
ACTION. THE NOTICE SHALL DESCRIBE WITH REASONABLE SPECIFICITY 379
THE ISSUES THAT WOULD BE THE SUBJECT OF THE CIVIL ACTION. THE 380
ISSUES SHALL BE SUBMITTED TO ARBITRATION ONLY IF EACH PERSON 381
RECEIVING SUCH A NOTICE OF PROPOSED ARBITRATION GIVES ITS WRITTEN 382
CONSENT NOT LATER THAN SEVEN DAYS AFTER THE DATE OF RECEIPT OF 383
THE NOTICE.
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(C) ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED AND 385
DECIDED BY A PANEL OF THREE ARBITRATORS IN ACCORDANCE WITH 386
PROCEDURES ESTABLISHED BY THE AMERICAN ARBITRATION ASSOCIATION. 387
THE PERSONS THAT WOULD BE THE COMPLAINANTS IN A CIVIL ACTION 388
UNDER SECTION 1332.09 OF THE REVISED CODE REGARDING THE ISSUES 389
SUBMITTED TO ARBITRATION SHALL SELECT ONE OF THE ARBITRATORS, THE 390
PERSONS THAT WOULD BE THE RESPONDENTS IN THE CIVIL ACTION SHALL 391
SELECT ANOTHER ONE OF THE ARBITRATORS, AND THE TWO ARBITRATORS SO 392
SELECTED SHALL JOINTLY SELECT THE THIRD ARBITRATOR. IF THE TWO 393
ARBITRATORS SELECTED ARE UNABLE TO AGREE ON A THIRD ARBITRATOR 394
WITHIN SEVEN DAYS AFTER THE LATEST DATE EITHER OF THE TWO 395
ARBITRATORS WAS SELECTED, THEY ARE REMOVED, AND THE PARTIES TO 397
THE PROPOSED ARBITRATION SHALL EACH SELECT ONE SUBSTITUTE 398
ARBITRATOR IN THE SAME MANNER AS PREVIOUSLY PROVIDED IN THIS 399
DIVISION, AND THE TWO SUBSTITUTE ARBITRATORS SO SELECTED SHALL 400
JOINTLY SELECT THE THIRD ARBITRATOR. IF THE SUBSTITUTE
ARBITRATORS ARE UNABLE TO AGREE ON A THIRD ARBITRATOR WITHIN 401
SEVEN DAYS AFTER THE LATEST DATE EITHER SUCH SUBSTITUTE 402
ARBITRATOR WAS SELECTED, THEY ARE REMOVED, AND THE ISSUES SHALL 403
NOT BE SUBMITTED TO ARBITRATION. 404
(D) NOT MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE DATE A 407
PANEL OF ARBITRATORS IS SELECTED UNDER DIVISION (C) OF THIS
SECTION, THE PANEL SHALL ISSUE A WRITTEN OPINION SETTING FORTH 408
FINDINGS AND DECISIONS RESPECTING THE ISSUES SUBMITTED TO 410
ARBITRATION. THE FINDINGS AND DECISIONS OF THE MAJORITY OF THE 411
ARBITRATORS ON THE PANEL SHALL BE DEEMED THE FINDINGS AND 412
DECISIONS OF THE PANEL. THE FINDINGS AND DECISIONS SHALL NOT BE 413
BINDING BUT SHALL BE ADMISSIBLE INTO EVIDENCE IN ANY CIVIL ACTION 414
BROUGHT UNDER SECTION 1332.09 OF THE REVISED CODE RESPECTING THE 415
ISSUES SUBMITTED TO ARBITRATION. THE ARBITRATORS SHALL NOT HAVE 416
CONTINUING JURISDICTION AFTER THE WRITTEN OPINION REQUIRED BY 417
THIS DIVISION IS ISSUED. 418
(E) ISSUES SUBMITTED TO ARBITRATION UNDER THIS SECTION MAY 420
BE RESOLVED AT ANY TIME BY BINDING SETTLEMENT AGREEMENT AMONG THE 421
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PARTIES TO THE ARBITRATION. 422
Sec. 1332.09. (A) A POLITICAL SUBDIVISION SUBJECT TO 424
DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR DIVISION (C) OF 426
SECTION 1332.05 OF THE REVISED CODE MAY BRING A CIVIL ACTION FOR 427
DECLARATORY RELIEF IN THE COURT OF COMMON PLEAS IN THE COUNTY IN
WHICH THE POLITICAL SUBDIVISION IS LOCATED OR IN ANY COUNTY OF 429
THIS STATE IN WHICH THE POLITICAL SUBDIVISION IS A PUBLIC CABLE 431
SERVICE PROVIDER.
(B) A PERSON THAT IS OR IS LIKELY TO BE ADVERSELY AFFECTED 434
BY A VIOLATION OF DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR 436
DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE MAY BRING A 437
CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN SUCH A COURT 438
OF COMMON PLEAS. SUCH PERSON THAT IS OR IS LIKELY TO BE 439
ADVERSELY AFFECTED INCLUDES A PERSON THAT PROVIDES, OR HAS FILED 441
A PENDING APPLICATION TO PROVIDE, WITHIN THE JURISDICTION OF THE 442
POLITICAL SUBDIVISION, CABLE SERVICE OVER A CABLE SYSTEM, AND 443
INCLUDES ANY OTHER POLITICAL SUBDIVISION IN WHICH SUCH ALLEGEDLY 444
NONCOMPLYING POLITICAL SUBDIVISION IS, OR HAS FILED A PENDING 445
APPLICATION TO BECOME, A PUBLIC CABLE SERVICE PROVIDER. 446
(C)(1) IF AN ARBITRATION OPINION UNDER SECTION 1332.08 OF 448
THE REVISED CODE CONTAINS A FINDING OF A VIOLATION BY A POLITICAL 450
SUBDIVISION OF DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR 452
DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE AND THE 454
POLITICAL SUBDIVISION FAILS TO RECTIFY THE VIOLATION PROMPTLY, 455
AND ANY PERSON ADVERSELY AFFECTED BY THE VIOLATION SUBSTANTIALLY 457
PREVAILS IN A SUBSEQUENT CIVIL ACTION AGAINST THE POLITICAL
SUBDIVISION UNDER DIVISION (B) OF THIS SECTION REGARDING THE 459
VIOLATION NOT PROMPTLY RECTIFIED, THE POLITICAL SUBDIVISION IS 460
LIABLE TO THE PERSON FOR THE PERSON'S COSTS AND REASONABLE 461
ATTORNEY'S FEES INCURRED IN CONNECTION WITH THE CIVIL ACTION. 462
(2) IF AN ARBITRATION OPINION UNDER SECTION 1332.08 OF THE 464
REVISED CODE DOES NOT CONTAIN A FINDING OF A VIOLATION BY A 465
POLITICAL SUBDIVISION OF DIVISION (A), (B), OR (C) OF SECTION 466
1332.04 OR DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE 468
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AND THE POLITICAL SUBDIVISION SUBSTANTIALLY PREVAILS IN A 469
SUBSEQUENT CIVIL ACTION BROUGHT AGAINST IT UNDER DIVISION (B) OF 470
THIS SECTION RESPECTING AN ALLEGED VIOLATION, THE COMPLAINANTS IN 471
THE CIVIL ACTION ARE LIABLE TO THE POLITICAL SUBDIVISION FOR ITS 473
COSTS AND REASONABLE ATTORNEY'S FEES INCURRED IN CONNECTION WITH 474
THE CIVIL ACTION. 475
(3) THE COURT SHALL EXERCISE ITS EQUITABLE DISCRETION IN 479
DETERMINING THE APPROPRIATE AMOUNT OF ATTORNEY'S FEES TO BE 480
AWARDED UNDER DIVISION (C)(1) OR (2) OF THIS SECTION. IN
EXERCISING THAT DISCRETION, THE COURT SHALL CONSIDER AT LEAST ALL 482
OF THE FOLLOWING: THE DEGREE TO WHICH THE PARTY PARTIALLY 483
PREVAILED, THE REASONABLENESS OF THE PARTY'S ACTION, THE 484
REASONABLENESS OF THE ARBITRATOR'S DECISION, THE EFFORT OR LACK 485
OF EFFORT OF THE PARTIES TO REACH A SETTLEMENT, AND THE GOOD 486
FAITH OR LACK OF GOOD FAITH OF THE PARTIES.
Sec. 1332.10. ANY RIGHT OF ACTION, REMEDY, OR PENALTY 488
UNDER SECTION 1332.08 OR 1332.09 OF THE REVISED CODE IS IN 489
ADDITION TO ANY RIGHT OF ACTION, REMEDY, OR PENALTY OTHERWISE 490
AVAILABLE UNDER LAW. 491
Section 2. If any provision of law that constitutes the 493
whole or part of a codified section of law contained in this act, 494
or if any application of any provision of law that constitutes 495
the whole or part of a codified section of law contained in this 496
act, is held invalid, the invalidity does not affect other 497
provisions of law or application of provisions of law that can be 498
given effect without the invalid provision of law or application. 499
To this end, the provisions of law of which the codified sections 500
contained in this act are composed, and their applications, are 501
independent and severable. 502