As Reported by House Public Utilities Committee 1 123rd General Assembly 4 Regular Session Am. Sub. S. B. No. 67 5 1999-2000 6 SENATORS HOTTINGER-FINAN-WACHTMANN-BRADY-DiDONATO-PRENTISS- 8 SCHAFRATH-WHITE-OELSLAGER-BLESSING-HERINGTON-GARDNER-KEARNS- 9 SPADA-LATTA-REPRESENTATIVES OLMAN-HOOPS-GOODMAN-WIDENER- 10 VERICH-VAN VYVEN-BUEHRER 11 _________________________________________________________________ 13 A B I L L To enact sections 1332.01 to 1332.10 of the Revised 15 Code to provide a fair opportunity to compete 16 with the cable system of a political subdivision 17 that also serves as a franchising authority for 18 cable systems and to prohibit unfair competition in cable operations, by prohibiting 19 discriminatory treatment in favor of a cable service provider operated by a political 20 subdivision, requiring specified notice prior to 21 public action on a cable system, and authorizing 22 arbitration or judicial remedies to settle 23 disputes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. That sections 1332.01, 1332.02, 1332.03, 26 1332.04, 1332.05, 1332.06, 1332.07, 1332.08, 1332.09, and 1332.10 27 of the Revised Code be enacted to read as follows: 29 Sec. 1332.01. AS USED IN SECTIONS 1332.01 TO 1332.10 OF 31 THE REVISED CODE: (A) "APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES" 33 MEANS ACCOUNTING PRINCIPLES AND STANDARDS SET FORTH IN ALL 34 APPLICABLE PRONOUNCEMENTS OF THE GOVERNMENTAL ACCOUNTING 35 STANDARDS BOARD. (B) "CABLE SERVICE," "CABLE SYSTEM," "FRANCHISE," AND 37 2 "FRANCHISING AUTHORITY" HAVE THE SAME MEANINGS AS IN THE 39 "TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, TITLE III, 40 SECTIONS 301(a) AND 302 (b)(2), 110 STAT. 114, 124, 47 U.S.C.A. 43 522. (C) "CABLE SERVICE PROVIDER" MEANS ANY PERSON OR GROUP OF 45 PERSONS THAT IS ENGAGED IN THE PROVISION OF CABLE SERVICE OVER A 46 CABLE SYSTEM AND DIRECTLY OR INDIRECTLY OWNS A SIGNIFICANT 48 INTEREST IN THE CABLE SYSTEM, OR THAT THROUGH ANY ARRANGEMENT 50 OTHERWISE CONTROLS OR IS RESPONSIBLE FOR THE MANAGEMENT AND 51 OPERATION OF THE CABLE SYSTEM. 52 (D) "COLOR OF OFFICE," "PUBLIC OFFICE," AND "PUBLIC 54 OFFICIAL" HAVE THE SAME MEANINGS AS IN SECTION 117.01 OF THE 55 REVISED CODE. (E) "DIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL COSTS, 57 OPERATING COSTS, OR OTHERWISE, THAT WOULD BE ELIMINATED IF THE 59 SERVICE OR FUNCTION TO WHICH THEY RELATE WERE DISCONTINUED. 60 (F) "FULL COST ACCOUNTING" MEANS, IN ACCORDANCE WITH 62 APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, ACCOUNTING 64 FOR ALL DIRECT AND INDIRECT COSTS, INCLUDING CAPITAL COSTS, THAT ARE INCURRED IN THE OWNERSHIP, MANAGEMENT, OR OPERATION OF A 66 CABLE SYSTEM OR PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM. 67 (G) "INDIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL 69 COSTS, OPERATING COSTS, OR OTHERWISE, THAT ARE NOT DIRECT COSTS. 72 INDIRECT COSTS THAT SUPPORT MULTIPLE SERVICES OR FUNCTIONS SHALL 75 BE ALLOCATED AMONG THOSE SERVICES AND FUNCTIONS IN PROPORTION TO 76 THE RELATIVE BURDEN EACH SERVICE OR FUNCTION PLACES ON THE COST 77 CATEGORY AND BY ANY REASONABLE METHOD CONSISTENT WITH APPLICABLE 78 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 79 (H) "PERSON" INCLUDES ANY INDIVIDUAL, CORPORATION, 81 PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR 82 POLITICAL SUBDIVISION. 83 (I) "PRIVATE CABLE SERVICE PROVIDER" MEANS ANY CABLE 85 SERVICE PROVIDER OTHER THAN A PUBLIC CABLE SERVICE PROVIDER. 86 (J) "PRIVATE CABLE SERVICE REGULATION" MEANS ANY 89 3 REGULATION, RULE, REQUIREMENT, OR RESTRICTION OF OR BY A 90 POLITICAL SUBDIVISION OF THIS STATE THAT APPLIES, BY RESOLUTION, 91 ORDINANCE, RULE, REGULATION, FRANCHISING AGREEMENT, OR OTHERWISE, 92 TO THE TERMS AND CONDITIONS OF SERVICE, CONDITIONS OF ACCESS TO 94 PUBLIC PROPERTY, PERMITS FOR POLE ATTACHMENTS, OR ANY OTHER 95 MATTER CONCERNING OR AFFECTING THE PROVISION OF CABLE SERVICE 97 OVER A CABLE SYSTEM BY A PRIVATE CABLE SERVICE PROVIDER. 98 (K) "PUBLIC CABLE SERVICE PROVIDER" MEANS ANY CABLE 100 SERVICE PROVIDER THAT IS A POLITICAL SUBDIVISION OF THIS STATE. 101 (L) "PUBLIC CABLE SERVICE RECIPIENT" MEANS ANY HOUSEHOLD 103 OR BUSINESS THAT RECEIVES CABLE SERVICE OR BENEFITS FROM VIDEO 104 PROGRAMMING SERVICE, TRANSMISSION SERVICE, DISTRIBUTION SERVICE, 105 REPAIR SERVICE, BILLING SERVICE, OR CUSTOMER SERVICE THAT IS 106 PROVIDED BY, ORIGINATES FROM, OR IS CONTROLLED BY A PUBLIC CABLE 107 SERVICE PROVIDER OF A POLITICAL SUBDIVISION. (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 4 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 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 OF THIS STATE, OTHERWISE 164 CONFERRED BY 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: 5 (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 6 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 7 (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 (3) DIVISIONS (A)(1) AND (2) OF THIS SECTION APPLY ONLY 290 WITH RESPECT TO THE FIRST TIME AN ORDINANCE OR RESOLUTION 292 DESCRIBED, RESPECTIVELY, IN DIVISION (A)(1) OR (2) OF THIS 293 SECTION IS CONSIDERED OR ENACTED, RESPECTIVELY, BY A LEGISLATIVE 294 AUTHORITY, AND A LEGISLATIVE AUTHORITY NEED NOT COMPLY WITH 295 DIVISION (A)(1) OR (2) OF THIS SECTION REGARDING ANY ORDINANCE OR 298 RESOLUTION THAT PERTAINS TO THE SAME CABLE SYSTEM AND THAT IS 300 CONSIDERED OR ENACTED, RESPECTIVELY, SUBSEQUENT TO AN ORDINANCE 301 OR RESOLUTION THAT WAS ENACTED AND THAT COMPLIED WITH DIVISION 302 (A)(1) OR (2) OF THIS SECTION, RESPECTIVELY. (B) NOTICE UNDER DIVISION (A)(1) OF THIS SECTION SHALL BE 305 8 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 ANY PROVISION OF DIVISION (B) 356 OF SECTION 1332.04 OF THE REVISED CODE BY A POLITICAL 357 SUBDIVISION, WHETHER AS A FRANCHISING AUTHORITY, PUBLIC CABLE 358 SERVICE PROVIDER, OR OTHERWISE, RELIEVES ANY OTHER CABLE SERVICE 359 PROVIDER IN THE JURISDICTION OF THE POLITICAL SUBDIVISION FROM 360 ANY OBLIGATION TO COMPLY WITH OR PERFORM ANY REGULATION, RULE, 361 REQUIREMENT, OR RESTRICTION THAT IS THE SUBJECT OF THE VIOLATION, 362 AND ENTITLES ANY SUCH OTHER CABLE SERVICE PROVIDER TO EQUIVALENT 363 TREATMENT, RIGHT, OR BENEFIT. 364 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. 10 (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 11 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 12 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