As Passed by the House 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-GRENDELL-JOLIVETTE-METTLER-TIBERI- 11
MOTTLEY-EVANS-CORBIN-FLANNERY-ROBINSON-WILSON-CALVERT-SALERNO- 12
TERWILLEGER-OGG-PETERSON-HARRIS-DAMSCHRODER-TRAKAS-BARRETT- 13
GARDNER 14
_________________________________________________________________ 16
A B I L L
To enact sections 1332.01 to 1332.10 of the Revised 18
Code to provide a fair opportunity to compete 19
with the cable system of a political subdivision 20
that also serves as a franchising authority for 21
cable systems and to prohibit unfair competition
in cable operations, by prohibiting 22
discriminatory treatment in favor of a cable
service provider operated by a political 23
subdivision, requiring specified notice prior to 24
public action on a cable system, and authorizing 25
arbitration or judicial remedies to settle 26
disputes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 1332.01, 1332.02, 1332.03, 29
1332.04, 1332.05, 1332.06, 1332.07, 1332.08, 1332.09, and 1332.10 30
of the Revised Code be enacted to read as follows: 32
Sec. 1332.01. AS USED IN SECTIONS 1332.01 TO 1332.10 OF 34
THE REVISED CODE:
(A) "APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES" 36
MEANS ACCOUNTING PRINCIPLES AND STANDARDS SET FORTH IN ALL 37
2
APPLICABLE PRONOUNCEMENTS OF THE GOVERNMENTAL ACCOUNTING 38
STANDARDS BOARD.
(B) "CABLE SERVICE," "CABLE SYSTEM," "FRANCHISE," AND 40
"FRANCHISING AUTHORITY" HAVE THE SAME MEANINGS AS IN THE 42
"TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, TITLE III, 43
SECTIONS 301(a) AND 302 (b)(2), 110 STAT. 114, 124, 47 U.S.C.A. 46
522.
(C) "CABLE SERVICE PROVIDER" MEANS ANY PERSON OR GROUP OF 48
PERSONS THAT IS ENGAGED IN THE PROVISION OF CABLE SERVICE OVER A 49
CABLE SYSTEM AND DIRECTLY OR INDIRECTLY OWNS A SIGNIFICANT 51
INTEREST IN THE CABLE SYSTEM, OR THAT THROUGH ANY ARRANGEMENT 53
OTHERWISE CONTROLS OR IS RESPONSIBLE FOR THE MANAGEMENT AND 54
OPERATION OF THE CABLE SYSTEM. 55
(D) "COLOR OF OFFICE," "PUBLIC OFFICE," AND "PUBLIC 57
OFFICIAL" HAVE THE SAME MEANINGS AS IN SECTION 117.01 OF THE 58
REVISED CODE.
(E) "DIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL COSTS, 60
OPERATING COSTS, OR OTHERWISE, THAT WOULD BE ELIMINATED IF THE 62
SERVICE OR FUNCTION TO WHICH THEY RELATE WERE DISCONTINUED. 63
(F) "FULL COST ACCOUNTING" MEANS, IN ACCORDANCE WITH 65
APPLICABLE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, ACCOUNTING 67
FOR ALL DIRECT AND INDIRECT COSTS, INCLUDING CAPITAL COSTS, THAT
ARE INCURRED IN THE OWNERSHIP, MANAGEMENT, OR OPERATION OF A 69
CABLE SYSTEM OR PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM. 70
(G) "INDIRECT COSTS" MEANS ALL COSTS, WHETHER CAPITAL 72
COSTS, OPERATING COSTS, OR OTHERWISE, THAT ARE NOT DIRECT COSTS. 75
INDIRECT COSTS THAT SUPPORT MULTIPLE SERVICES OR FUNCTIONS SHALL 78
BE ALLOCATED AMONG THOSE SERVICES AND FUNCTIONS IN PROPORTION TO 79
THE RELATIVE BURDEN EACH SERVICE OR FUNCTION PLACES ON THE COST 80
CATEGORY AND BY ANY REASONABLE METHOD CONSISTENT WITH APPLICABLE 81
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 82
(H) "PERSON" INCLUDES ANY INDIVIDUAL, CORPORATION, 84
PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR 85
POLITICAL SUBDIVISION. 86
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(I) "PRIVATE CABLE SERVICE PROVIDER" MEANS ANY CABLE 88
SERVICE PROVIDER OTHER THAN A PUBLIC CABLE SERVICE PROVIDER. 89
(J) "PRIVATE CABLE SERVICE REGULATION" MEANS ANY 92
REGULATION, RULE, REQUIREMENT, OR RESTRICTION OF OR BY A 93
POLITICAL SUBDIVISION OF THIS STATE THAT APPLIES, BY RESOLUTION, 94
ORDINANCE, RULE, REGULATION, FRANCHISING AGREEMENT, OR OTHERWISE, 95
TO THE TERMS AND CONDITIONS OF SERVICE, CONDITIONS OF ACCESS TO 97
PUBLIC PROPERTY, PERMITS FOR POLE ATTACHMENTS, OR ANY OTHER 98
MATTER CONCERNING OR AFFECTING THE PROVISION OF CABLE SERVICE 100
OVER A CABLE SYSTEM BY A PRIVATE CABLE SERVICE PROVIDER. 101
(K) "PUBLIC CABLE SERVICE PROVIDER" MEANS ANY CABLE 103
SERVICE PROVIDER THAT IS A POLITICAL SUBDIVISION OF THIS STATE. 104
(L) "PUBLIC CABLE SERVICE RECIPIENT" MEANS ANY HOUSEHOLD 106
OR BUSINESS THAT RECEIVES CABLE SERVICE OR BENEFITS FROM VIDEO 107
PROGRAMMING SERVICE, TRANSMISSION SERVICE, DISTRIBUTION SERVICE, 108
REPAIR SERVICE, BILLING SERVICE, OR CUSTOMER SERVICE THAT IS 109
PROVIDED BY, ORIGINATES FROM, OR IS CONTROLLED BY A PUBLIC CABLE 110
SERVICE PROVIDER OF A POLITICAL SUBDIVISION.
(M) "PUBLIC MONEY" MEANS ANY OF THE FOLLOWING: 113
(1) ANY MONEY RECEIVED, COLLECTED BY, OR DUE A PUBLIC 115
OFFICIAL UNDER COLOR OF OFFICE; 116
(2) ANY MONEY COLLECTED BY ANY PERSON ON BEHALF OF A 118
PUBLIC OFFICE OR AS A PURPORTED REPRESENTATIVE OR AGENT OF THE 119
PUBLIC OFFICE; 120
(3) ANY MONEY RECEIVED BY ANY PERSON, WHETHER DIRECTLY OR 122
INDIRECTLY, FROM THE UNITED STATES, THIS STATE, A COUNTY, 123
MUNICIPAL CORPORATION, TOWNSHIP, OR ANY OTHER PUBLIC OFFICE FOR 124
THE PURPOSE OF PERFORMING OR ASSISTING WITH A GOVERNMENTAL 125
FUNCTION OR PROGRAM AUTHORIZED BY OR THE RESPONSIBILITY OF THE 126
UNITED STATES, THIS STATE, A COUNTY, MUNICIPAL CORPORATION, 127
TOWNSHIP, OR ANY OTHER PUBLIC OFFICE. 128
Sec. 1332.02. IT IS THE PUBLIC POLICY OF THIS STATE UNDER 130
SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE TO: 131
(A) ENSURE FAIR COMPETITION IN THE PROVISION IN THIS STATE 133
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OF CABLE SERVICE OVER A CABLE SYSTEM, CONSISTENT WITH THE 134
PROCOMPETITIVE POLICIES OF THE "TELECOMMUNICATIONS ACT OF 1996," 135
PUB. L. NO. 104-104, 110 STAT. 56, 47 U.S.C.A. 151, FOR THE 137
PURPOSES OF PROVIDING THE WIDEST POSSIBLE DIVERSITY OF 138
ENTERTAINMENT, INFORMATION, AND NEWS SOURCES TO THE GENERAL 139
PUBLIC; ADVANCING THE UNFETTERED EXERCISE OF RIGHTS UNDER THE
FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION TO FREE SPEECH 141
AND THE FREE FLOW OF INFORMATION; ENHANCING THE DEVELOPMENT AND 142
WIDESPREAD USE OF TECHNOLOGICAL ADVANCES IN THE PROVISION OF
CABLE SERVICE OVER A CABLE SYSTEM; AND ENCOURAGING IMPROVED 143
CUSTOMER SERVICE AT COMPETITIVE RATES;
(B) ENSURE THAT ALL CABLE SERVICE OVER A CABLE SYSTEM IS 145
PROVIDED IN THIS STATE WITHIN A COMPREHENSIVE AND 146
NONDISCRIMINATORY FEDERAL, STATE, AND LOCAL SCHEME. 147
Sec. 1332.03. (A) NOTHING IN SECTIONS 1332.01 TO 1332.10 150
OF THE REVISED CODE IS A DETERMINATION BY THE GENERAL ASSEMBLY 151
THAT THE PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM BY A 152
MUNICIPAL CORPORATION DOES OR DOES NOT CONSTITUTE A PUBLIC
UTILITY PURSUANT TO SECTION 4 OF ARTICLE XVIII, OHIO 156
CONSTITUTION.
(B) NOTHING IN SECTIONS 1332.01 TO 1332.10 OF THE REVISED 158
CODE CONFERS AUTHORITY ON A POLITICAL SUBDIVISION OF THIS STATE 159
TO OWN, LEASE, OR OPERATE A CABLE SYSTEM OR TO PROVIDE CABLE 161
SERVICE OVER A CABLE SYSTEM; RATHER, THAT AUTHORITY, IF ANY, IS 162
AS OTHERWISE MAY BE CONFERRED BY LAW. 163
(C) EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 1332.01 TO 165
1332.10 OF THE REVISED CODE, NOTHING IN THOSE SECTIONS RESTRICTS 166
THE AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE, OTHERWISE 167
CONFERRED BY LAW, TO GRANT A FRANCHISE TO PROVIDE CABLE SERVICE. 169
Sec. 1332.04. (A) NO POLITICAL SUBDIVISION OF THIS STATE 171
SHALL PROVIDE CABLE SERVICE OVER A CABLE SYSTEM, WHETHER BUNDLED 172
WITH OTHER SERVICES OR UNBUNDLED, EXCEPT IN ACCORDANCE WITH 173
SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE. 174
(B)(1) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 176
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PUBLIC CABLE SERVICE PROVIDER OR CONTRACTS WITH A PUBLIC CABLE 178
SERVICE PROVIDER FOR CABLE SERVICE OVER A CABLE SYSTEM SHALL, BY 179
ANY MEANS, DO ANY OF THE FOLLOWING:
(a) PREFER OR ADVANTAGE ANY PUBLIC CABLE SERVICE PROVIDER 181
OR DISCRIMINATE AGAINST ANY PRIVATE CABLE SERVICE PROVIDER IN ANY 183
MATERIAL MATTER AFFECTING THE PROVISION, WITHIN THE JURISDICTION 185
OF THE POLITICAL SUBDIVISION, OF CABLE SERVICE OVER A CABLE 186
SYSTEM;
(b) FAIL TO APPLY ANY PRIVATE CABLE SERVICE REGULATION 188
WITHOUT DISCRIMINATION TO A PUBLIC CABLE SERVICE PROVIDER WITHIN 189
THE JURISDICTION OF THE POLITICAL SUBDIVISION; 190
(c) FAIL TO PAY ALL APPLICABLE FEES, INCLUDING, BUT NOT 192
LIMITED TO, FRANCHISE FEES, PERMIT FEES, POLE ATTACHMENT FEES, OR 194
THE EQUIVALENT OF ANY SUCH FEES. 195
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION REQUIRES 197
THE APPLICATION OF A PRIVATE CABLE SERVICE REGULATION TO A PUBLIC 199
CABLE SERVICE PROVIDER IF THAT APPLICATION WOULD BE WITHOUT LEGAL 200
OR PRACTICAL CONSEQUENCE, SUCH AS THE APPLICATION OF A PRIVATE 201
CABLE SERVICE REGULATION REQUIRING PROVISION OF AN INSURANCE 202
BOND, WHICH APPLICATION TO A PUBLIC CABLE SERVICE PROVIDER WOULD 203
REQUIRE IT TO INSURE ITS PERFORMANCE TO ITSELF. 204
(C) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 206
PUBLIC CABLE SERVICE PROVIDER SHALL HAVE EXTRATERRITORIAL PUBLIC 207
CABLE SERVICE RECIPIENTS IN EXCESS OF FIFTY PER CENT OF THE 208
NUMBER OF PUBLIC CABLE SERVICE RECIPIENTS THAT RESIDE WITHIN THE 209
GEOGRAPHICAL LIMITS OF THE POLITICAL SUBDIVISION. NOTHING IN 210
THIS DIVISION PROHIBITS PUBLIC CABLE SERVICE PROVIDERS FROM 211
JOINTLY OWNING AND OPERATING HEAD-END EQUIPMENT. EACH SUCH 212
PUBLIC CABLE SERVICE PROVIDER SHALL PAY THAT PROPORTION OF THE 213
FULL COSTS OF OWNING AND OPERATING SUCH HEAD-END EQUIPMENT, 214
INCLUDING, BUT NOT LIMITED TO, THE COSTS OF CONSTRUCTION, 215
ACQUISITION, INSTALLATION, IMPROVEMENT, ENHANCEMENT, 216
MODIFICATION, FINANCING, MAINTENANCE, REPAIR, AND OPERATION, 217
EQUAL TO THE TOTAL POPULATION OF THE POLITICAL SUBDIVISION THAT 218
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IS SUCH PUBLIC CABLE SERVICE PROVIDER DIVIDED BY THE TOTAL 219
POPULATION OF ALL POLITICAL SUBDIVISIONS THAT ARE PUBLIC CABLE 220
SERVICE PROVIDERS JOINTLY OWNING AND OPERATING SUCH HEAD-END 221
EQUIPMENT, DETERMINED ANNUALLY OR WITH SUCH FREQUENCY AS SUCH 222
PUBLIC CABLE SERVICE PROVIDERS OTHERWISE AGREE. 223
(D) NO POLITICAL SUBDIVISION OF THIS STATE THAT IS A 226
FRANCHISING AUTHORITY SHALL UNREASONABLY WITHHOLD A REQUEST BY A
CABLE SERVICE PROVIDER TO TRANSFER, MODIFY, OR RENEW, IN 227
ACCORDANCE WITH THE TERMS OF THE FRANCHISE AND IN ACCORDANCE WITH 228
THE PROVISIONS OF THE "TELECOMMUNICATIONS ACT OF 1996," PUB. L. 230
NO. 104-104, TITLE III, SECTION 301(i), 110 STAT. 117, 47 232
U.S.C.A. 537, THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," PUB. 233
L. NO. 98-549, SECTION 2, 98 STAT. 2790, 47 U.S.C.A. 545, OR THE 235
"CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 236
1992," PUB. L. NO. 102-385, SECTION 18, 106 STAT. 1493, 47 238
U.S.C.A. 546, ITS EXISTING FRANCHISE TO PROVIDE CABLE SERVICE 239
OVER A CABLE SYSTEM.
Sec. 1332.05. (A)(1) IN ADDITION TO SATISFYING ANY OTHER 241
APPLICABLE NOTICE AND HEARING REQUIREMENTS, THE LEGISLATIVE 242
AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE SHALL PROVIDE 244
NOTICE IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION OF ITS 245
CONSIDERATION OF AN ORDINANCE OR RESOLUTION THAT WOULD AUTHORIZE 246
THE EXPENDITURE OF PUBLIC MONEY FOR A CABLE SYSTEM OR THE 249
PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM, INCLUDING, BUT 250
NOT LIMITED TO, AN ORDINANCE OR RESOLUTION THAT WOULD AUTHORIZE
ANY OF THE FOLLOWING: 252
(a) A FEASIBILITY STUDY, MARKETING STUDY, OR ANY 254
COST-BENEFIT ANALYSIS CONCERNING THE ESTABLISHMENT, ACQUISITION, 255
CONSTRUCTION, IMPROVEMENT, FINANCING, LEASING, MANAGEMENT, OR 256
OPERATION OF A CABLE SYSTEM OR THE PROVISION OF CABLE SERVICE 257
OVER A CABLE SYSTEM; 258
(b) THE ACQUISITION, CONSTRUCTION, INSTALLATION, 260
IMPROVEMENT, FINANCING, LEASE, OR AGREEMENT FOR MANAGEMENT OR 261
OPERATION OF FACILITIES CAPABLE OF PROVIDING CABLE SERVICE OVER A 262
7
CABLE SYSTEM;
(c) AN AGREEMENT OR ARRANGEMENT FOR THE USE OF A CABLE 264
SYSTEM OR FOR THE PROVISION OF CABLE SERVICE OVER A CABLE SYSTEM; 265
(d) APPROVAL OF THE TERMS OF A FRANCHISE AGREEMENT FOR THE 268
POLITICAL SUBDIVISION AS A PUBLIC CABLE SERVICE PROVIDER, IF ANY
SUCH AGREEMENT EXISTS, OR WITH ANY OTHER PUBLIC CABLE SERVICE 270
PROVIDER TO PROVIDE CABLE SERVICE OVER A CABLE SYSTEM. 271
(2) ANY ORDINANCE OR RESOLUTION ENACTED BY THE LEGISLATIVE 274
AUTHORITY OF A POLITICAL SUBDIVISION OF THIS STATE AUTHORIZING 275
THE FORMATION OF A PUBLIC CABLE SERVICE PROVIDER BY THE POLITICAL 276
SUBDIVISION SHALL INCLUDE A COMPREHENSIBLE STATEMENT OF THE 277
GENERAL PLAN FOR FINANCING THE ACQUISITION, CONSTRUCTION, 278
INSTALLATION, IMPROVEMENT, OR LEASE OF THE CABLE SYSTEM. NO SUCH 279
ORDINANCE OR RESOLUTION SHALL BE DEEMED AN EMERGENCY ORDINANCE OR 280
RESOLUTION OR A MEASURE NECESSARY FOR THE IMMEDIATE PRESERVATION 281
OF THE PUBLIC PEACE, HEALTH, OR SAFETY IN THE POLITICAL 282
SUBDIVISION, AND NO SUCH ORDINANCE OR RESOLUTION SHALL TAKE 283
EFFECT SOONER THAN THIRTY DAYS AFTER ITS DATE OF ENACTMENT. IF, 284
WITHIN THIRTY DAYS AFTER SUCH DATE OF ENACTMENT, A PETITION 285
SIGNED BY TEN PER CENT OF THE ELECTORS OF THE POLITICAL
SUBDIVISION, BASED UPON THE TOTAL NUMBER OF VOTES CAST AT THE 286
LAST PRECEDING GENERAL ELECTION OF THE POLITICAL SUBDIVISION, 287
SHALL BE FILED WITH THE APPROPRIATE OFFICE DEMANDING A REFERENDUM 288
ON THE ORDINANCE OR RESOLUTION, THE ORDINANCE OR RESOLUTION SHALL 289
NOT TAKE EFFECT UNTIL SUBMITTED TO THE ELECTORS AND APPROVED BY A 290
MAJORITY OF THOSE VOTING ON IT. 291
(3) DIVISIONS (A)(1) AND (2) OF THIS SECTION APPLY ONLY 293
WITH RESPECT TO THE FIRST TIME AN ORDINANCE OR RESOLUTION 295
DESCRIBED, RESPECTIVELY, IN DIVISION (A)(1) OR (2) OF THIS 296
SECTION IS CONSIDERED OR ENACTED, RESPECTIVELY, BY A LEGISLATIVE 297
AUTHORITY, AND A LEGISLATIVE AUTHORITY NEED NOT COMPLY WITH 298
DIVISION (A)(1) OR (2) OF THIS SECTION REGARDING ANY ORDINANCE OR 301
RESOLUTION THAT PERTAINS TO THE SAME CABLE SYSTEM AND THAT IS 303
CONSIDERED OR ENACTED, RESPECTIVELY, SUBSEQUENT TO AN ORDINANCE 304
8
OR RESOLUTION THAT WAS ENACTED AND THAT COMPLIED WITH DIVISION 305
(A)(1) OR (2) OF THIS SECTION, RESPECTIVELY.
(B) NOTICE UNDER DIVISION (A)(1) OF THIS SECTION SHALL BE 308
GIVEN AT LEAST FORTY-FIVE DAYS PRIOR TO THE ENACTMENT OF THE 309
ORDINANCE OR RESOLUTION AND SHALL BE GIVEN TO ALL PERSONS THAT 310
HAVE FILED A PENDING APPLICATION WITH THE POLITICAL SUBDIVISION
TO PROVIDE WITHIN ITS JURISDICTION CABLE SERVICE OVER A CABLE 312
SYSTEM OR ARE PROVIDING CABLE SERVICE OVER A CABLE SYSTEM 313
PURSUANT TO A FRANCHISE GRANTED BY THE POLITICAL SUBDIVISION. 314
THE NOTICE SHALL BE IN WRITING, DELIVERED TO THE ADDRESS 315
DESIGNATED BY THE PERSON AS THE ADDRESS FOR RECEIPT OF NOTICES 316
OR, IF NO SUCH DESIGNATION HAS BEEN MADE, TO THE OPERATING 317
ADDRESS OF THAT PERSON AS REGISTERED WITH THE POLITICAL 318
SUBDIVISION. THE NOTICE SHALL BE DELIVERED BY CERTIFIED MAIL, 319
REGISTERED MAIL, OVERNIGHT DELIVERY, OR A SIMILAR METHOD OF 320
RECEIPTED DELIVERY.
(C) NO POLITICAL SUBDIVISION SHALL FAIL TO COMPLY WITH 322
DIVISION (A) OF THIS SECTION. 323
Sec. 1332.06. (A) A POLITICAL SUBDIVISION OF THIS STATE 325
THAT IS A PUBLIC CABLE SERVICE PROVIDER SHALL MAINTAIN A SPECIAL 327
FUND FOR ITS CABLE SYSTEM AND THE PROVISION OF CABLE SERVICE OVER
THAT CABLE SYSTEM AND SHALL BE SUBJECT, WITH RESPECT TO THAT 328
SPECIAL FUND, TO SECTIONS 5705.09, 5705.10, 5705.14, 5705.15, 329
5705.16, 5705.39, 5705.40, 5705.41, 5705.44, AND 5705.45 AND ANY 330
OTHER APPLICABLE PROVISION OF CHAPTER 5705. OF THE REVISED CODE 331
CONCERNING THE ESTABLISHMENT OR MAINTENANCE OF THE SPECIAL FUND. 332
(B) A POLITICAL SUBDIVISION OF THIS STATE THAT IS A PUBLIC 335
CABLE SERVICE PROVIDER SHALL PREPARE AND PUBLISH, ON OR BEFORE 336
THE FIRST DAY OF JUNE OF EACH YEAR FOR THE PRIOR CALENDAR YEAR, 337
AN ANNUAL REPORT ON ITS CABLE SYSTEM AND THE PROVISION OF CABLE 338
SERVICE OVER THAT CABLE SYSTEM. THE REPORT SHALL BE 339
SUBSTANTIALLY IN ACCORDANCE WITH FULL COST ACCOUNTING AND SHALL 340
INCLUDE DISCLOSURE OF THE AMOUNT, SOURCE, AND COST OF WORKING 341
CAPITAL UTILIZED FOR ITS CABLE SYSTEM AND THE PROVISION OF CABLE 342
9
SERVICE OVER THAT CABLE SYSTEM AND ESTIMATES OF THE AMOUNT OF ANY 343
FRANCHISE FEE, REGULATORY FEE, OCCUPATION TAX, POLE ATTACHMENT 344
FEE, PROPERTY TAX, OR OTHER FEE OR TAX THAT WOULD BE APPLICABLE 345
TO ITS CABLE SYSTEM AND THE PROVISION OF CABLE SERVICE OVER THAT 346
CABLE SYSTEM BUT FOR ANY EXEMPTION BY REASON OF ITS STATUS AS A 347
POLITICAL SUBDIVISION, WHICH EXEMPTION IS AUTHORIZED BY LAW. 348
NOTHING IN SECTIONS 1332.01 TO 1332.10 OF THE REVISED CODE 350
REQUIRES ANY ELECTED OFFICIAL OF THE POLITICAL SUBDIVISION TO 351
MAINTAIN A LOG OR OTHER RECORD OF THE TIME THE OFFICIAL SPENDS ON 353
THE BUSINESS OF THE PUBLIC CABLE SERVICE PROVIDER IN THE COURSE 354
OF OFFICIAL DUTIES.
(C) NO POLITICAL SUBDIVISION SHALL FAIL TO COMPLY WITH 356
DIVISION (A) OR (B) OF THIS SECTION. 357
Sec. 1332.07. A VIOLATION OF ANY PROVISION OF DIVISION (B) 359
OF SECTION 1332.04 OF THE REVISED CODE BY A POLITICAL 360
SUBDIVISION, WHETHER AS A FRANCHISING AUTHORITY, PUBLIC CABLE 361
SERVICE PROVIDER, OR OTHERWISE, RELIEVES ANY OTHER CABLE SERVICE 362
PROVIDER IN THE JURISDICTION OF THE POLITICAL SUBDIVISION FROM 363
ANY OBLIGATION TO COMPLY WITH OR PERFORM ANY REGULATION, RULE, 364
REQUIREMENT, OR RESTRICTION THAT IS THE SUBJECT OF THE VIOLATION, 365
AND ENTITLES ANY SUCH OTHER CABLE SERVICE PROVIDER TO EQUIVALENT 366
TREATMENT, RIGHT, OR BENEFIT. 367
Sec. 1332.08. (A) A DISPUTE FOR WHICH A CIVIL ACTION IS 369
AUTHORIZED UNDER SECTION 1332.09 OF THE REVISED CODE MAY FIRST BE 371
SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE PROCEDURES AND 372
SUBJECT TO THE CONDITIONS SET FORTH IN DIVISIONS (B) TO (D) OF 373
THIS SECTION. 374
(B) PRIOR TO INITIATING A CIVIL ACTION UNDER SECTION 376
1332.09 OF THE REVISED CODE, A PERSON AUTHORIZED TO BRING SUCH AN 378
ACTION MAY PROVIDE WRITTEN NOTICE OF PROPOSED ARBITRATION UNDER 380
THIS SECTION TO ALL PERSONS THAT WOULD BE PARTY TO THE CIVIL 381
ACTION. THE NOTICE SHALL DESCRIBE WITH REASONABLE SPECIFICITY 382
THE ISSUES THAT WOULD BE THE SUBJECT OF THE CIVIL ACTION. THE 383
ISSUES SHALL BE SUBMITTED TO ARBITRATION ONLY IF EACH PERSON 384
10
RECEIVING SUCH A NOTICE OF PROPOSED ARBITRATION GIVES ITS WRITTEN 385
CONSENT NOT LATER THAN SEVEN DAYS AFTER THE DATE OF RECEIPT OF 386
THE NOTICE.
(C) ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED AND 388
DECIDED BY A PANEL OF THREE ARBITRATORS IN ACCORDANCE WITH 389
PROCEDURES ESTABLISHED BY THE AMERICAN ARBITRATION ASSOCIATION. 390
THE PERSONS THAT WOULD BE THE COMPLAINANTS IN A CIVIL ACTION 391
UNDER SECTION 1332.09 OF THE REVISED CODE REGARDING THE ISSUES 392
SUBMITTED TO ARBITRATION SHALL SELECT ONE OF THE ARBITRATORS, THE 393
PERSONS THAT WOULD BE THE RESPONDENTS IN THE CIVIL ACTION SHALL 394
SELECT ANOTHER ONE OF THE ARBITRATORS, AND THE TWO ARBITRATORS SO 395
SELECTED SHALL JOINTLY SELECT THE THIRD ARBITRATOR. IF THE TWO 396
ARBITRATORS SELECTED ARE UNABLE TO AGREE ON A THIRD ARBITRATOR 397
WITHIN SEVEN DAYS AFTER THE LATEST DATE EITHER OF THE TWO 398
ARBITRATORS WAS SELECTED, THEY ARE REMOVED, AND THE PARTIES TO 400
THE PROPOSED ARBITRATION SHALL EACH SELECT ONE SUBSTITUTE 401
ARBITRATOR IN THE SAME MANNER AS PREVIOUSLY PROVIDED IN THIS 402
DIVISION, AND THE TWO SUBSTITUTE ARBITRATORS SO SELECTED SHALL 403
JOINTLY SELECT THE THIRD ARBITRATOR. IF THE SUBSTITUTE
ARBITRATORS ARE UNABLE TO AGREE ON A THIRD ARBITRATOR WITHIN 404
SEVEN DAYS AFTER THE LATEST DATE EITHER SUCH SUBSTITUTE 405
ARBITRATOR WAS SELECTED, THEY ARE REMOVED, AND THE ISSUES SHALL 406
NOT BE SUBMITTED TO ARBITRATION. 407
(D) NOT MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE DATE A 410
PANEL OF ARBITRATORS IS SELECTED UNDER DIVISION (C) OF THIS
SECTION, THE PANEL SHALL ISSUE A WRITTEN OPINION SETTING FORTH 411
FINDINGS AND DECISIONS RESPECTING THE ISSUES SUBMITTED TO 413
ARBITRATION. THE FINDINGS AND DECISIONS OF THE MAJORITY OF THE 414
ARBITRATORS ON THE PANEL SHALL BE DEEMED THE FINDINGS AND 415
DECISIONS OF THE PANEL. THE FINDINGS AND DECISIONS SHALL NOT BE 416
BINDING BUT SHALL BE ADMISSIBLE INTO EVIDENCE IN ANY CIVIL ACTION 417
BROUGHT UNDER SECTION 1332.09 OF THE REVISED CODE RESPECTING THE 418
ISSUES SUBMITTED TO ARBITRATION. THE ARBITRATORS SHALL NOT HAVE 419
CONTINUING JURISDICTION AFTER THE WRITTEN OPINION REQUIRED BY 420
11
THIS DIVISION IS ISSUED. 421
(E) ISSUES SUBMITTED TO ARBITRATION UNDER THIS SECTION MAY 423
BE RESOLVED AT ANY TIME BY BINDING SETTLEMENT AGREEMENT AMONG THE 424
PARTIES TO THE ARBITRATION. 425
Sec. 1332.09. (A) A POLITICAL SUBDIVISION SUBJECT TO 427
DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR DIVISION (C) OF 429
SECTION 1332.05 OF THE REVISED CODE MAY BRING A CIVIL ACTION FOR 430
DECLARATORY RELIEF IN THE COURT OF COMMON PLEAS IN THE COUNTY IN
WHICH THE POLITICAL SUBDIVISION IS LOCATED OR IN ANY COUNTY OF 432
THIS STATE IN WHICH THE POLITICAL SUBDIVISION IS A PUBLIC CABLE 434
SERVICE PROVIDER.
(B) A PERSON THAT IS OR IS LIKELY TO BE ADVERSELY AFFECTED 437
BY A VIOLATION OF DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR 439
DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE MAY BRING A 440
CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN SUCH A COURT 441
OF COMMON PLEAS. SUCH PERSON THAT IS OR IS LIKELY TO BE 442
ADVERSELY AFFECTED INCLUDES A PERSON THAT PROVIDES, OR HAS FILED 444
A PENDING APPLICATION TO PROVIDE, WITHIN THE JURISDICTION OF THE 445
POLITICAL SUBDIVISION, CABLE SERVICE OVER A CABLE SYSTEM, AND 446
INCLUDES ANY OTHER POLITICAL SUBDIVISION IN WHICH SUCH ALLEGEDLY 447
NONCOMPLYING POLITICAL SUBDIVISION IS, OR HAS FILED A PENDING 448
APPLICATION TO BECOME, A PUBLIC CABLE SERVICE PROVIDER. 449
(C)(1) IF AN ARBITRATION OPINION UNDER SECTION 1332.08 OF 451
THE REVISED CODE CONTAINS A FINDING OF A VIOLATION BY A POLITICAL 453
SUBDIVISION OF DIVISION (A), (B), OR (C) OF SECTION 1332.04 OR 455
DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE AND THE 457
POLITICAL SUBDIVISION FAILS TO RECTIFY THE VIOLATION PROMPTLY, 458
AND ANY PERSON ADVERSELY AFFECTED BY THE VIOLATION SUBSTANTIALLY 460
PREVAILS IN A SUBSEQUENT CIVIL ACTION AGAINST THE POLITICAL
SUBDIVISION UNDER DIVISION (B) OF THIS SECTION REGARDING THE 462
VIOLATION NOT PROMPTLY RECTIFIED, THE POLITICAL SUBDIVISION IS 463
LIABLE TO THE PERSON FOR THE PERSON'S COSTS AND REASONABLE 464
ATTORNEY'S FEES INCURRED IN CONNECTION WITH THE CIVIL ACTION. 465
(2) IF AN ARBITRATION OPINION UNDER SECTION 1332.08 OF THE 467
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REVISED CODE DOES NOT CONTAIN A FINDING OF A VIOLATION BY A 468
POLITICAL SUBDIVISION OF DIVISION (A), (B), OR (C) OF SECTION 469
1332.04 OR DIVISION (C) OF SECTION 1332.05 OF THE REVISED CODE 471
AND THE POLITICAL SUBDIVISION SUBSTANTIALLY PREVAILS IN A 472
SUBSEQUENT CIVIL ACTION BROUGHT AGAINST IT UNDER DIVISION (B) OF 473
THIS SECTION RESPECTING AN ALLEGED VIOLATION, THE COMPLAINANTS IN 474
THE CIVIL ACTION ARE LIABLE TO THE POLITICAL SUBDIVISION FOR ITS 476
COSTS AND REASONABLE ATTORNEY'S FEES INCURRED IN CONNECTION WITH 477
THE CIVIL ACTION. 478
(3) THE COURT SHALL EXERCISE ITS EQUITABLE DISCRETION IN 482
DETERMINING THE APPROPRIATE AMOUNT OF ATTORNEY'S FEES TO BE 483
AWARDED UNDER DIVISION (C)(1) OR (2) OF THIS SECTION. IN
EXERCISING THAT DISCRETION, THE COURT SHALL CONSIDER AT LEAST ALL 485
OF THE FOLLOWING: THE DEGREE TO WHICH THE PARTY PARTIALLY 486
PREVAILED, THE REASONABLENESS OF THE PARTY'S ACTION, THE 487
REASONABLENESS OF THE ARBITRATOR'S DECISION, THE EFFORT OR LACK 488
OF EFFORT OF THE PARTIES TO REACH A SETTLEMENT, AND THE GOOD 489
FAITH OR LACK OF GOOD FAITH OF THE PARTIES.
Sec. 1332.10. ANY RIGHT OF ACTION, REMEDY, OR PENALTY 491
UNDER SECTION 1332.08 OR 1332.09 OF THE REVISED CODE IS IN 492
ADDITION TO ANY RIGHT OF ACTION, REMEDY, OR PENALTY OTHERWISE 493
AVAILABLE UNDER LAW. 494
Section 2. If any provision of law that constitutes the 496
whole or part of a codified section of law contained in this act, 497
or if any application of any provision of law that constitutes 498
the whole or part of a codified section of law contained in this 499
act, is held invalid, the invalidity does not affect other 500
provisions of law or application of provisions of law that can be 501
given effect without the invalid provision of law or application. 502
To this end, the provisions of law of which the codified sections 503
contained in this act are composed, and their applications, are 504
independent and severable. 505