Section 1. That section 153.64 be amended and sections | 8 |
1332.21, 1332.22, 1332.23, 1332.24, 1332.25, 1332.26, 1332.27, | 9 |
1332.28, 1332.29, 1332.30, 1332.31, 1332.32, 1332.33, and 1332.34 | 10 |
of the Revised Code be enacted to read as follows: | 11 |
(1) "Public improvement" means any construction, | 13 |
reconstruction, improvement, enlargement, alteration, or repair
of | 14 |
a building, highway, drainage system, water system, road,
street, | 15 |
alley, sewer, ditch, sewage disposal plant, water works,
and all | 16 |
other structures or works of any nature by a public
authority. | 17 |
(2) "Public authority" includes the state, or a county, | 18 |
township, municipal corporation, school district, or other | 19 |
political subdivision, or any public agency, authority, board, | 20 |
commission, instrumentality, or special district of or in the | 21 |
state or a county, township, municipal corporation, school | 22 |
district, or other political subdivision. | 23 |
(3) "Underground utility facilities" includes any item
buried | 24 |
or placed below ground or submerged under water for use in | 25 |
connection with the storage or conveyance of water or sewage; or | 26 |
electronic, telephonic, or telegraphic communications; | 27 |
electricity; electric energy; petroleum products; manufactured, | 28 |
mixed, or natural gas; synthetic or liquified natural gas;
propane | 29 |
gas; or other substances. "Underground utility
facilities" | 30 |
includes, but is not limited to, all operational
underground | 31 |
pipes, sewers, tubing, conduits, cables, valves,
lines, wires, | 32 |
manholes, and attachments, whether owned by any
public or private | 33 |
or profit or nonprofit person, firm,
partnership, company, | 34 |
corporation, joint stock association, joint
venture, or voluntary | 35 |
association, wherever organized or
incorporated, except for a | 36 |
private septic system in a single- or
double-family dwelling | 37 |
utilized only for that dwelling and not
connected to any other | 38 |
system. | 39 |
(4) "Underground utility protection service" means a | 40 |
notification center not an owner of an underground utility | 41 |
facility, existing for the purpose of receiving notice from
public | 42 |
authorities and from other persons that plan to prepare
plans and | 43 |
specifications for, or engage in, public improvements
involving | 44 |
digging, blasting, excavating, or other underground
construction | 45 |
activities and distributing this information to its
members. | 46 |
"Registered underground utility protection service"
means an | 47 |
underground utility protection service registered with
the | 48 |
secretary of state and the public utilities commission of
Ohio | 49 |
pursuant to division (F) of this section. | 50 |
(5) "Owner of underground utility facility" does not
include | 51 |
telephone companies classified as medium or small under
rule | 52 |
4901-7-01 of the Ohio Administrative Code, owners of
pipelines | 53 |
that conduct liquid petroleum products, or cable
television | 54 |
companies as defined in division (B) of section 505.90
of the | 55 |
Revised Code to the extent that it requires membership in
an | 56 |
underground utility protection service. | 57 |
(B) In any public improvement which may involve
underground | 61 |
utility facilities, the public authority, prior to
preparing plans | 62 |
and specifications, shall contact the registered
underground | 63 |
utility protection services and the owners of
underground utility | 64 |
facilities that are not members of a
registered underground | 65 |
utility protection service for the
existence and location of all | 66 |
underground utility facilities
within the construction area. The | 67 |
public authority shall
include, in the plans and specifications | 68 |
for such improvement,
the identity and location of the existing | 69 |
underground utility
facilities located in the construction area as | 70 |
provided to the
public authority by the owner of the underground | 71 |
utility facility
and the name, address, and telephone number of | 72 |
each owner of any
underground utility facilities in the | 73 |
construction area that does
not subscribe to a registered | 74 |
underground utility protection
service. Any anticipated temporary | 75 |
or permanent relocation of
underground utility facilities deemed | 76 |
necessary by the public
authority shall be negotiated or arranged | 77 |
by the public authority
with the owners of the underground utility | 78 |
facilities prior to
the start of construction. If a temporary or | 79 |
permanent
relocation of utility facilities is necessary, the owner | 80 |
of the
underground utility facility shall be given a reasonable | 81 |
time to
move such utility facilities unless the contractor to whom | 82 |
the
contract for a public improvement is awarded or its | 83 |
subcontractor
agrees with the owner of the underground utility | 84 |
facility to
coordinate relocation with construction operations. | 85 |
The public
authority, within ten calendar days after award of a | 86 |
contract for
a public improvement, shall notify in writing all | 87 |
owners of
underground utility facilities known to be located in | 88 |
the
construction area of the public improvement of the name and | 89 |
address of the contractor to whom the contract for the public | 90 |
improvement was awarded. Where notice is given in writing by | 91 |
certified mail, the return receipt, signed by any person to whom | 92 |
the notice is delivered, shall be conclusive proof of notice. | 93 |
(C) The contractor to whom a contract for a public | 94 |
improvement is awarded or its subcontractor, at least two working | 95 |
days, excluding Saturdays, Sundays, and legal holidays, prior to | 96 |
commencing construction operations in the construction area which | 97 |
may involve underground utility facilities, shall cause notice to | 98 |
be given to the registered underground utility protection
services | 99 |
and the owners of underground utility facilities shown
on the | 100 |
plans and specifications who are not members of a
registered | 101 |
underground utility protection service, in writing, by
telephone, | 102 |
or in person. Where notice is given in writing by
certified mail, | 103 |
the return receipt, signed by any person to whom
the notice is | 104 |
delivered, shall be conclusive proof of notice.
The owner of the | 105 |
underground utility facility, within forty-eight
hours, excluding | 106 |
Saturdays, Sundays, and legal holidays, after
notice is received, | 107 |
shall stake, mark, or otherwise designate the
location of the | 108 |
underground utility facilities in the
construction area in such a | 109 |
manner as to indicate their course
together with the approximate | 110 |
depth at which they were installed.
The marking or locating shall | 111 |
be coordinated to stay
approximately two days ahead of the planned | 112 |
construction. | 113 |
(D) If the public authority fails to comply with the | 114 |
requirements of division (B) of this section, the contractor to | 115 |
whom the work is awarded or its subcontractor complies with the | 116 |
requirements of division (C) of this section, and the contractor | 117 |
or its subcontractor encounters underground utility facilities in | 118 |
the construction area that would have been shown on the plans and | 119 |
specifications for such improvement had the registered
underground | 120 |
utility protection service or owner of the
underground utility | 121 |
facility who is not a member of a registered
underground utility | 122 |
protection service whose name, address, and
telephone number is | 123 |
provided by the public authority been
contacted, then the | 124 |
contractor, upon notification to the public
authority, is entitled | 125 |
to an increase to the contract price for
itself or its | 126 |
subcontractor for any additional work that must be
undertaken or | 127 |
additional time that will be required and is
entitled to an | 128 |
extension of the completion date of the contract
for the period of | 129 |
time of any delays to the construction of the
public improvement. | 130 |
Any public authority who complies with the requirements of | 140 |
division (B) of this section and any contractor or its | 141 |
subcontractor who complies with the requirements of division (C) | 142 |
of this section shall not be responsible to the owner of the | 143 |
underground utility facility if underground utility lines are | 144 |
encountered not as marked in accordance with the provisions of | 145 |
division (C) of this section by the owner of the underground | 146 |
utility facility, unless the contractor or its subcontractor has | 147 |
actual notice of the underground utility facility. Except as
noted | 148 |
in this division, this section does not affect rights
between the | 149 |
contractor or its subcontractor and the owner of the
underground | 150 |
utility facility for failure to mark or erroneously
marking | 151 |
utility lines. The public authority shall not make as a | 152 |
requirement of any contract for public improvement any change in | 153 |
responsibilities between the public authority and the owners of | 154 |
the underground utility facilities in connection with damage, | 155 |
injury, or loss to any property in connection with underground | 156 |
utility facilities. | 157 |
The contractor or its subcontractor shall alert immediately | 158 |
the occupants of nearby premises as to any emergency that hethe | 159 |
contractor or subcontractor may
create or discover at or near such | 160 |
premises. The contractor or
its subcontractor shall report | 161 |
immediately to the owner or
operator of the underground facility | 162 |
any break or leak on its
lines or any dent, gouge, groove, or | 163 |
other damage to such lines
or to their coating or cathodic | 164 |
protection, made or discovered in
the course of their excavation. | 165 |
(F) An underground utility protection service shall
register | 171 |
with the secretary of state and the public utilities
commission of | 172 |
Ohio, identifying its name, address, telephone
number, membership, | 173 |
and other pertinent information. The
secretary of state and | 174 |
commission shall establish procedures for
accepting such | 175 |
registrations and providing information about
registrants to | 176 |
public authorities on request. | 177 |
(C) "Cable operator," "cable service," "cable system," | 187 |
"franchise," and "franchising authority" have the same meanings as | 188 |
in the "Cable Communications Policy Act of 1984," Pub. L. No. | 189 |
98-549, 98 Stat. 2780, 2781, 47 U.S.C. 522, as amended by the | 190 |
"Telecommunications Act of 1996," Pub. L. No. 104-104, 110 Stat. | 191 |
56. | 192 |
(E) "Household" means, consistent with the regulations of the | 200 |
United States census bureau, a house, an apartment, a mobile home, | 201 |
a group of rooms, or a single room that is intended for occupancy | 202 |
as separate living quarters. "Separate living quarters" are those | 203 |
in which the occupants live and eat separately from any other | 204 |
persons in the building and that have direct access from the | 205 |
outside of the building or through a common hall. | 206 |
(J) "Video service" means the provision of video programming | 223 |
over wires or cables located at least in part in public | 224 |
rights-of-way, regardless of the technology used to deliver that | 225 |
programming, including internet protocol technology or any other | 226 |
technology. The term includes cable service, but excludes video | 227 |
programming provided to subscribers by a commercial mobile service | 228 |
provider, as defined in the "Telecommunications Act of 1996," Pub. | 229 |
L. No. 104-104, Title VII, Sections 704(a) and 705, 110 Stat. 61, | 230 |
151, 153, 47 U.S.C. 332; video programming provided solely as part | 231 |
of and via a service that enables users to access content, | 232 |
information, electronic mail, or other services offered over the | 233 |
public internet; and signals distributed by a cable television | 234 |
system to paying subscribers in the unincorporated area of a | 235 |
township prior to October 1, 1979, as authorized under section | 236 |
505.91 of the Revised Code as that section existed prior to its | 237 |
repeal by S.B. 117 of the 127th general assembly, unless a | 238 |
franchise was subsequently issued to the same company as | 239 |
authorized under that section. | 240 |
(K) By analogy to Am. Financial Servs. Assn. et al. v. | 287 |
Cleveland, 112 Ohio St. 3d 170, 2006-Ohio-6043, citing Canton v. | 288 |
State, 95 Ohio St.3d 149, 2002-Ohio-2005, syllabus, sections | 289 |
1332.21 to 1332.34 of the Revised Code are intended as a | 290 |
comprehensive legislative enactment operating uniformly throughout | 291 |
this state, setting forth police regulations, and prescribing a | 292 |
rule of conduct upon citizens generally. | 293 |
Sec. 1332.23. (A) No person shall provide video service in | 294 |
this state on or after the effective date of this section except | 295 |
pursuant to a video service authorization issued under section | 296 |
1332.24 of the Revised Code or pursuant to the terms and | 297 |
conditions of a franchise, competitive video service agreement, or | 298 |
other authorization only as provided under division (B)(1)(a) or | 299 |
(b) of this section. Such person includes a person operating or | 300 |
proposing to operate a video service network using | 301 |
telecommunications facilities located in public rights-of-way | 302 |
pursuant to a certificate, a franchise other than a video service | 303 |
authorization, a competitive video service agreement, an | 304 |
ordinance, or a resolution that authorizes construction and | 305 |
operation of those facilities to provide telecommunications | 306 |
service. | 307 |
(B)(1)(a) Solely at the option of a person that offers | 308 |
service under a franchise or competitive video service agreement | 309 |
in effect on the effective date of this section, the person may | 310 |
continue on and after that date to provide service within the | 311 |
franchise area or the respective municipal corporation or | 312 |
unincorporated area of a township pursuant to the terms and | 313 |
conditions of the franchise or agreement, except as otherwise | 314 |
provided in section 1332.30 of the Revised Code. However, no such | 315 |
franchise or agreement shall be renewed or extended beyond the | 316 |
existing term of the franchise or agreement or its earlier | 317 |
termination pursuant to the terms and conditions of the respective | 318 |
franchise or agreement. | 319 |
(2) A person that offers service under a franchise or | 327 |
competitive video service agreement pursuant to division (B)(1)(a) | 328 |
of this section may apply at any time under section 1332.25 of the | 329 |
Revised Code for a video service authorization to provide video | 330 |
service within this state. Upon the effective date of the video | 331 |
service authorization, the franchise or competitive video service | 332 |
agreement terminates and no provision of that franchise or | 333 |
agreement is enforceable. | 334 |
(C) Video service constitutes cable service over a cable | 335 |
system for the purposes of sections 1332.01 to 1332.10 of the | 336 |
Revised Code. A municipal corporation that receives a video | 337 |
service provider fee described in section 1332.32 of the Revised | 338 |
Code constitutes a municipal corporation that charges a franchise | 339 |
fee and a video service authorization described in section 1332.24 | 340 |
of the Revised Code constitutes a franchise between a cable | 341 |
operator and a municipal corporation for purposes of sections | 342 |
4939.05 and 4939.08 of the Revised Code. | 343 |
Sec. 1332.24. (A)(1) In accordance with section 1332.25 of | 344 |
the Revised Code, the director of commerce may issue to any | 345 |
person, or renew, a video service authorization, which | 346 |
authorization confers on the person the authority to provide video | 347 |
service in its video service area; construct and operate a video | 348 |
service network in, along, across, or on public rights-of-way for | 349 |
the provision of video service; and, when necessary to provide | 350 |
that service, exercise the power of a telegraph company under | 351 |
section 4931.04 of the Revised Code. The term of a video service | 352 |
authorization or authorization renewal shall be ten years. | 353 |
(B)(1) The director may investigate alleged violations of or | 360 |
failures to comply with division (A) of section 1332.23, division | 361 |
(C) of section 1332.25, division (A), (B), or (C) of section | 362 |
1332.27, division (A) of section 1332.28, division (A) or (B) of | 363 |
section 1332.29, or sections 1332.30 and 1332.31 of the Revised | 364 |
Code, or complaints concerning any such violation or failure. | 365 |
Except as provided in this section, the director has no authority | 366 |
to regulate video service in this state, including, but not | 367 |
limited to, the rates, terms, or conditions of that service. | 368 |
(2) In conducting an investigation under division (B)(1) of | 369 |
this section, the director, by subpoena, may compel witnesses to | 370 |
testify in relation to any matter over which the director has | 371 |
jurisdiction and may require the production of any book, record, | 372 |
or other document pertaining to that matter. If a person fails to | 373 |
file any statement or report, obey any subpoena, give testimony, | 374 |
produce any book, record, or other document as required by a | 375 |
subpoena, or permit photocopying of any book, record, or other | 376 |
document subpoenaed, the court of common pleas of any county in | 377 |
this state, upon application made to it by the director, shall | 378 |
compel obedience by attachment proceedings for contempt, as in the | 379 |
case of disobedience of the requirements of a subpoena issued from | 380 |
the court or a refusal to testify. | 381 |
(3) If the director finds that a person has violated or | 382 |
failed to comply with division (A) of section 1332.23, division | 383 |
(C) of section 1332.25, division (A), (B), or (C) of section | 384 |
1332.27, division (A) of section 1332.28, division (A) or (B) of | 385 |
section 1332.29, or sections 1332.30 and 1332.31 of the Revised | 386 |
Code, and the person has failed to cure the violation or failure | 387 |
after reasonable, written notice and reasonable time to cure, the | 388 |
director may apply to the court of common pleas of any county in | 389 |
this state for an order enjoining the activity or requiring | 390 |
compliance. Such an action shall be commenced not later than three | 391 |
years after the date the alleged violation or failure occurred or | 392 |
was reasonably discovered. Upon a showing by the director that the | 393 |
person has engaged in a violation or failure to comply, the court | 394 |
shall grant an injunction, restraining order, or other appropriate | 395 |
relief. | 396 |
(D) Within ten days after its filing or within ten days after | 454 |
the filing of supplemental information necessary to make it | 455 |
complete, the director shall determine the completeness of an | 456 |
application filed under division (A) or (C) of this section | 457 |
relative to the respective requirements of divisions (A), (B), and | 458 |
(C) of this section and, as applicable, shall notify the applicant | 459 |
of an incompleteness determination, state the bases for that | 460 |
determination, and inform the applicant that it may resubmit a | 461 |
corrected application. The director shall issue a video service | 462 |
authorization, authorization renewal, or amended authorization | 463 |
within twenty days after the director's determination that the | 464 |
filed application is complete. | 465 |
If the director does not notify the applicant regarding the | 466 |
completeness of the application within the time period specified | 467 |
in this division or does not issue the authorization requested by | 468 |
a completed application within the applicable time period, the | 469 |
application shall be deemed complete, and the authorization or | 470 |
amended authorization deemed issued on the thirty-first day after | 471 |
the application's filing date. | 472 |
(B) Except as authorized under division (C) of this section | 480 |
and under sections 1332.30 and 1332.32 of the Revised Code, no | 481 |
political subdivision shall request anything of value from a video | 482 |
service provider for providing video service; impose any fee, | 483 |
license, or gross receipt tax on the provision of video service by | 484 |
such a provider; or impose any franchise or other requirement on | 485 |
the provision of video service by a video service provider, | 486 |
including, but not limited to, any provision regulating rates | 487 |
charged by a video service provider or establishing any build-out | 488 |
requirement or requirement to deploy any facility or equipment. | 489 |
(B) A video service provider may transfer its video service | 508 |
authorization to a successor. Within ten days after completing the | 509 |
transfer, the provider shall provide written notice to the | 510 |
respective municipal corporation or township. The transfer is not | 511 |
valid until the date that the successor files a complete affidavit | 512 |
with the director of commerce containing the information specified | 513 |
in division (A) of section 1332.25 of the Revised Code. The | 514 |
director has no authority to act upon the notice or the completed | 515 |
affidavit. | 516 |
Sec. 1332.28. (A) Consistent with the "Telecommunications Act | 523 |
of 1996," Pub. L. No. 104-104, Title III, Sections 303(a), 110 | 524 |
Stat. 61, 124, 47 U.S.C. 541(a)(3) and to prohibit discriminatory | 525 |
practices against a group of potential residential subscribers, no | 526 |
video service provider shall deny access to video service to any | 527 |
group of potential residential subscribers in its video service | 528 |
area because of the race or income of the residents in the local | 529 |
area in which the group resides. | 530 |
(2) A video service provider may comply with division | 556 |
(A)(1)(a) or (b) of this section through the use of alternative | 557 |
technology, except satellite technology, that offers service, | 558 |
functionality, and content demonstrably similar to the service, | 559 |
functionality, and content the provider otherwise provides through | 560 |
its video service network. | 561 |
Sec. 1332.30. (A) If a municipal corporation or township has | 585 |
PEG channels programmed on January 1, 2007, any person providing | 586 |
video service in the municipal corporation or township on that | 587 |
date shall continue providing those PEG channels whether the | 588 |
person provides video service pursuant to a franchise, competitive | 589 |
video service agreement, ordinance, or resolution or pursuant to a | 590 |
video service authorization issued under section 1332.24 of the | 591 |
Revised Code. If the municipal corporation or township has three | 592 |
or more PEG channels programmed on January 1, 2007, the person | 593 |
shall provide two PEG channels on the person's basic service tier | 594 |
and shall provide additional PEG channels on the person's basic | 595 |
service tier or on any service tier viewed by more than fifty per | 596 |
cent of the subscribers in the video service area. If the | 597 |
municipal corporation or township has one or two PEG channels | 598 |
programmed on January 1, 2007, the person shall provide one PEG | 599 |
channel on the person's basic service tier and shall provide any | 600 |
other PEG channel on the person's basic service tier or on any | 601 |
service tier viewed by more than fifty per cent of the subscribers | 602 |
in the video service area. Any other person providing video | 603 |
service in the municipal corporation or township on or after the | 604 |
effective date of this section shall provide the same number of | 605 |
PEG channels under the same service tier conditions as those | 606 |
required of the incumbent person. A PEG channel required under | 607 |
this division may be reclaimed if a municipal corporation or | 608 |
township has three or more PEG channels programmed on January 1, | 609 |
2007, the channel is provided on a nonbasic service tier, and the | 610 |
channel is not substantially utilized as defined under division | 611 |
(E) of this section. However, for each provider, one such channel | 612 |
may not be reclaimed. Nothing in this division precludes a | 613 |
provider and a municipal corporation or township from entering | 614 |
into other arrangements for PEG channels. | 615 |
(B) This division applies to a municipal corporation or a | 616 |
township that has no PEG channels programmed on January 1, 2007. | 617 |
Any municipal corporation or township to which this division | 618 |
applies that lies within a video service provider's video service | 619 |
area may require the video service provider by written notice to | 620 |
provide PEG channels. Following such a request, a video service | 621 |
provider shall provide the PEG channels one hundred twenty days | 622 |
after the municipal corporation or township is able to deliver the | 623 |
PEG channel content. The provider may use any service tier viewed | 624 |
by more than fifty per cent of the subscribers in the video | 625 |
service area to provide the PEG channels. | 626 |
(1) Except as provided in division (B)(2) of this section, | 627 |
the number of required PEG channels shall not exceed three if the | 628 |
respective municipal corporation or township has a population of | 629 |
at least fifty thousand, or two if the population is less than | 630 |
fifty thousand. If there is more than one video service provider | 631 |
providing PEG channels in the municipal corporation or township, | 632 |
the number of channels shall be the same for all the video service | 633 |
providers. | 634 |
(2) If a video service provider distributes video programming | 635 |
to more than one municipal corporation or township through a | 636 |
single headend or video hub office and the aggregate population of | 637 |
the municipal corporations or townships is at least fifty | 638 |
thousand, none of those municipal corporations or townships shall | 639 |
require the provider to provide, in the aggregate, channel | 640 |
capacity for more than three PEG channels. If the aggregate | 641 |
population is less than fifty thousand, none of those municipal | 642 |
corporations or townships shall require the provider to provide, | 643 |
in the aggregate, channel capacity for more than two PEG channels. | 644 |
(C) No municipal corporation or township shall require a | 645 |
video service provider to provide any institutional network on its | 646 |
video service network. However, a video service provider that was | 647 |
an incumbent cable operator required to provide any institutional | 648 |
network on January 1, 2007, shall continue to provide the | 649 |
institutional network until the franchise would have expired if | 650 |
not terminated under section 1332.23 of the Revised Code, or until | 651 |
January 1, 2012, whichever is earlier. If the franchise included | 652 |
terms regarding the infrastructure of the institutional network | 653 |
upon the expiration of the franchise, the video service provider | 654 |
shall honor those terms. Nothing in this division precludes such a | 655 |
video service provider and a municipal corporation or township | 656 |
from entering into other arrangements for institutional networks. | 657 |
(E) A video service provider may reclaim and program a PEG | 664 |
channel under division (B) of this section that it determines is | 665 |
not substantially utilized. At such time as the municipal | 666 |
corporation or township that caused the establishment of the PEG | 667 |
channel can later certify that the channel will be substantially | 668 |
utilized, the video service provider, within one hundred twenty | 669 |
days after the date the video service provider receives that | 670 |
certification, shall restore the reclaimed channel as a PEG | 671 |
channel. However, the provider shall be under no obligation to | 672 |
carry that channel on any specified tier of service. For the | 673 |
purpose of this division, a PEG channel is "substantially | 674 |
utilized" when at least forty hours of noncharacter-generated | 675 |
content are programmed on that channel each week and at least | 676 |
sixty per cent of the programming is nonrepeat and locally | 677 |
produced. | 678 |
(F)(1) After January 1, 2007, and until the expiration of an | 679 |
incumbent cable operator's franchise or January 1, 2012, whichever | 680 |
is earlier, if the incumbent cable operator has existing | 681 |
unsatisfied obligations under a franchise to remit to a municipal | 682 |
corporation or township cash payments for the ongoing costs of PEG | 683 |
channel facilities, the municipal corporation or township shall | 684 |
charge all video service providers providing service to the | 685 |
municipal corporation or township a pro rata per subscriber share | 686 |
of the total payment. All video service providers and the | 687 |
incumbent cable operator shall be subject to any recurring payment | 688 |
requirements, whether expressed as a percentage of gross revenue | 689 |
or as an amount per subscriber, per month, or otherwise. A video | 690 |
service provider may charge its subscribers a fee to recover these | 691 |
costs. | 692 |
(2) In determining the pro rata per subscriber share, all | 693 |
video service providers and the incumbent cable operator shall | 694 |
report, for the period in question, to the municipal corporation | 695 |
or township the total number of subscribers served within the | 696 |
respective municipal corporation or township. This information | 697 |
shall be treated as confidential by the municipal corporation or | 698 |
township and shall be used only to derive the pro rata per | 699 |
subscriber share. The municipal corporation or township shall | 700 |
determine the share of each video service provider and the cable | 701 |
operator by multiplying the unsatisfied cash payments by a ratio | 702 |
of the reported subscribers of each and the total subscribers | 703 |
within the municipal corporation or township as of the end of the | 704 |
applicable period. | 705 |
(3) The municipal corporation or township shall notify each | 706 |
video service provider and the cable operator, in writing, of its | 707 |
respective resulting pro rata share. The video service provider or | 708 |
operator shall remit its share to the applicable municipal | 709 |
corporation or township quarterly, within forty-five days after | 710 |
the end of the preceding calendar quarter. The municipal | 711 |
corporation or township shall use the payments only as authorized | 712 |
under federal law. | 713 |
(G) Except as otherwise provided in this section, no | 714 |
municipal corporation or township shall require a video service | 715 |
provider to provide any funds, services, programming, facilities, | 716 |
or equipment related to PEG channels. PEG channel operation and | 717 |
programming shall be the sole responsibility of the municipal | 718 |
corporation or township. Except as otherwise provided in this | 719 |
section, the video service provider shall bear only the | 720 |
responsibility for the transmission to subscribers of the PEG | 721 |
channel programming once the programming is delivered to the video | 722 |
service provider in the appropriate format. | 723 |
Sec. 1332.31. Not later than six months after the effective | 724 |
date of its video service authorization, a video service provider | 725 |
shall carry emergency interrupt service announcements transmitted | 726 |
by local television broadcasters and shall transmit national, | 727 |
state, and local emergency interrupt service announcements as | 728 |
required by 47 C.F.R. 11.11 et seq. or as otherwise required by | 729 |
the federal communications commission. | 730 |
Sec. 1332.32. (A) Not sooner than forty-five days after the | 731 |
end of each calendar quarter, a video service provider shall pay a | 732 |
video service provider fee to each municipal corporation and each | 733 |
township in which it offers video service. The fee shall be | 734 |
calculated quarterly by determining the provider's gross revenue | 735 |
for the preceding calendar quarter as described in division (B) of | 736 |
this section and multiplying the result by the percentage | 737 |
specified in division (C)(1) or (2) of this section. | 738 |
(a) Any taxes, fees, or assessments that are collected by the | 758 |
video service provider from video service subscribers for | 759 |
pass-through to any federal, state, or local government agency, | 760 |
including the video service provider fee authorized under this | 761 |
section, the fee authorized under division (F) of section 1332.30 | 762 |
of the Revised Code, and the federal communication commission user | 763 |
fee; | 764 |
(e) Charges for services other than video service, reasonably | 771 |
identifiable on books or records the video service provider keeps | 772 |
in the regular course of business or by other reasonable means, | 773 |
that are aggregated or bundled with amounts billed to video | 774 |
service subscribers, including, but not limited to, any revenue | 775 |
received by a video service provider or its affiliates for | 776 |
telecommunications service, information service, or the provision | 777 |
of directory or internet advertising, including yellow pages, | 778 |
white pages, banner advertising, and electronic publishing; | 779 |
(g) Advertising revenue, unless a municipal corporation | 782 |
enacts an ordinance or a board of township trustees adopts a | 783 |
resolution that uniformly applies to all video service providers. | 784 |
For those purposes, "advertising revenue" means the net revenue | 785 |
received by the video service provider for advertising on its | 786 |
subscription-based video service within a municipal corporation or | 787 |
the unincorporated area of a township. If such revenue is derived | 788 |
under a regional or national compensation contract or arrangement | 789 |
between the video service provider and one or more advertisers or | 790 |
advertising representatives, the amount of revenue derived for a | 791 |
municipal corporation or for the unincorporated area of a township | 792 |
shall be determined by multiplying the total net revenue received | 793 |
by the video service provider under the contract or arrangement by | 794 |
the percentage resulting from dividing the number of subscribers | 795 |
in the municipal corporation or unincorporated area of a township | 796 |
by the total number of regional or national subscribers that | 797 |
potentially receive the advertising under the contract or | 798 |
arrangement. The municipal corporation or township shall promptly | 799 |
notify affected video service providers of the ordinance or | 800 |
resolution, which shall not take effect until the first day of the | 801 |
first calendar quarter that begins more than thirty days after the | 802 |
notice. | 803 |
(C)(1) If in the calendar quarter a franchise fee is payable | 807 |
by a cable operator under a franchise in effect in a municipal | 808 |
corporation or township as provided under division (B) of section | 809 |
1332.23 of the Revised Code, the percentage of gross revenue | 810 |
payable in that calendar quarter by a video service provider to | 811 |
the municipal corporation or township shall be the same percentage | 812 |
of gross revenue payable in that calendar quarter pursuant to that | 813 |
franchise, not to exceed five per cent. If there is more than one | 814 |
such franchise of a cable operator in effect in that quarter, the | 815 |
lowest such percentage shall be used. | 816 |
Sec. 1332.33. (A) At its sole expense and not more often than | 826 |
once per calendar year, a municipal corporation or township may | 827 |
conduct an audit for the purpose of verifying the accuracy of a | 828 |
video service provider's calculation of the video service provider | 829 |
fees it paid to the municipal corporation or township in the audit | 830 |
period. For the purpose of the audit, the video service provider | 831 |
shall make available for inspection, at the location where such | 832 |
records are kept in the normal course of business, those records | 833 |
pertaining to its gross revenue as defined in division (B) of | 834 |
section 1332.32 of the Revised Code. The provider need not retain | 835 |
those records for longer than three years after the year for which | 836 |
the fee was payable, unless the municipal corporation or township | 837 |
has commenced an action under division (C) of this section. | 838 |