As Reported by the House Public Utilities Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 117

Senator Jacobson 

Cosponsors: Senators Miller, R., Spada, Buehrer, Mumper, Niehaus, Stivers, Mason, Fedor, Harris, Coughlin, Wilson, Sawyer 

Representatives Hottinger, Williams, S., Bacon, Hagan, J. 

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A BILL

To amend section 153.64, to enact sections 1332.21,

1

1332.22, 1332.23, 1332.24, 1332.25, 1332.26,

2

1332.27, 1332.28, 1332.29, 1332.30, 1332.31,

3

1332.32, 1332.33, and 1332.34, and to repeal

4

sections 505.90, 505.91, and 505.92 of the Revised

5

Code to provide for the issuance of video service

6

authorizations by the Director of Commerce.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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

Sec. 153.64.  (A) As used in this section:

12

(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

(6) "Construction area" means the area delineated on the	58
plans and specifications for the public improvement within which	59
the work provided for in the contract will be performed.	60

(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

In the event of a dispute as to the application of this	131
section, procedures may be commenced under the applicable terms of	132
the construction contract, or if the contract contains no	133
provision for final resolution of the dispute, pursuant to the	134
procedures for arbitration in Chapter 2711. of the Revised Code.	135

This section does not affect rights between the contractors	136
and the public authority for any increase in contract price or	137
additional time to perform the contract when the public authority	138
complies with division (B) of this section.	139

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

(E) This section does not affect rights between the public	166
authority and the owners of the underground utility facilities for	167
responsibility for costs involving removal, relocation, or	168
protection of existing underground utility facilities, or for	169
costs for delays occasioned thereby.	170

(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

Sec. 1332.21.  As used in sections 1332.21 to 1332.34 of the	178
Revised Code:	179

(A) "Access to video service" means the capability of a video	180
service provider to provide video service at a household address	181
irrespective of whether a subscriber has ordered the service or	182
whether the service is actually provided at that address.	183

(B) "Basic local exchange service" has the same meaning as in	184
section 4927.01 of the Revised Code.	185

(C) "Cable operator," "cable service," "cable system,"	186
"franchise," and "franchising authority" have the same meanings as	187
in the "Cable Communications Policy Act of 1984," Pub. L. No.	188
98-549, 98 Stat. 2780, 2781, 47 U.S.C. 522, as amended by the	189
"Telecommunications Act of 1996," Pub. L. No. 104-104, 110 Stat.	190
56.	191

(D) "Competitive video service agreement" means any	192
agreement, memorandum of understanding, or other document that	193
provides or has the effect of providing, whether or not as a	194
franchise, authorization by a municipal corporation or township	195
for the provision of video service within its boundaries by a	196
person using telecommunications facilities to provide that	197
service.	198

(E) "Household" means, consistent with the regulations of the	199
bureau of the census of the United States department of commerce,	200
a house, an apartment, a mobile home, a group of rooms, or a	201
single room that is intended for occupancy as separate living	202
quarters. "Separate living quarters" are those in which the	203
occupants live and eat separately from any other persons in the	204
building and that have direct access from the outside of the	205
building or through a common hall.	206

(F) "Low-income households" means those residential	207
households that are located within the video service provider's	208
video service area and have an average annual household income of	209
less than thirty-five thousand dollars based on United States	210
census bureau estimates on January 1, 2007.	211

(G) "PEG channel" means a channel, for public, educational,	212
and governmental programming, made available by a video service	213
provider or cable operator for noncommercial use.	214

(H) "Telecommunications service" has the same meaning as in	215
the "Telecommunications Act of 1996," Pub. L. No. 104-104, Title	216
I, Section 3, 110 Stat. 60, 47 U.S.C. 153.	217

(I) "Video programming" means programming provided by, or	218
generally considered comparable to programming provided by, a	219
television broadcast station, as set forth in the "Cable	220
Communications Policy Act of 1984," Pub. L. No. 98-549, 98 Stat.	221
2781, 47 U.S.C. 522.	222

(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 persons in their capacity as subscribers	228
to commercial mobile service as defined in the "Telecommunications	229
Act of 1996," Pub. L. No. 104-104, Title VII, Sections 704(a) and	230
705, 110 Stat. 61, 151, 153, 47 U.S.C. 332; video programming	231
provided solely as part of and via a service that enables users to	232
access content, information, electronic mail, or other services	233
offered over the public internet; and signals distributed by a	234
cable television system to paying subscribers in the	235
unincorporated area of a township prior to October 1, 1979, as	236
authorized under section 505.91 of the Revised Code as that	237
section existed prior to its repeal by S.B. 117 of the 127th	238
general assembly, unless a franchise was subsequently issued to	239
the same company as authorized under that section.	240

(K) "Video service area" means the service area specified	241
pursuant to divisions (A) and (B) of section 1332.25 of the	242
Revised Code.	243

(L) "Video service network" means wires or cables and	244
associated facilities or components used to deliver video service	245
and includes a cable system.	246

(M) "Video service provider" means a person granted a video	247
service authorization under sections 1332.21 to 1332.34 of the	248
Revised Code.	249

Sec. 1332.22. The general assembly finds and declares all of	250
the following for the purposes of sections 1332.21 to 1332.34 of	251
the Revised Code:	252

(A) Video service brings significant daily benefits to this	253
state by providing news, education, and entertainment.	254

(B) This state's economy will be enhanced by investment in	255
new communications and video programming infrastructure, including	256
fiber optic and internet protocol technologies.	257

(C) Enhancing the existing broadband infrastructure and	258
increasing consumer access to robust and reliable broadband	259
products and services are also important, statewide concerns.	260

(D) To date, there has been only minimal competitive entry by	261
telephone companies into the facilities-based video programming	262
market in this state, in part, because local franchise	263
requirements may present barriers to entry.	264

(E) Increased competition in the provision of video service	265
will provide new and more video programming choices for consumers	266
in this state, and new providers have stated their desire to	267
supply that service.	268

(F) The time-to-market interval is critical for new entrants	269
seeking to compete with incumbents.	270

(G) Local franchise and other requirements may present	271
inordinate delays for new entrants.	272

(H) This state can and should provide a uniform regulatory	273
framework by which persons can rapidly and expeditiously provide	274
video service to residents of this state regardless of their	275
jurisdictional locations, which framework will promote rapid	276
competitive entry into the video service market and encourage	277
additional, significant infrastructure investment.	278

(I) Maintaining an existing franchise in cases where new	279
entrants obtain video service authorizations is not appropriate	280
unless the incumbent chooses to maintain that franchise.	281

(J) The continued development of Ohio's video service market	282
and promotion of infrastructure investment are matters of	283
statewide concern and are properly subject to exercises of this	284
state's police power.	285

(K) By analogy to Am. Financial Servs. Assn. et al. v.	286
Cleveland, 112 Ohio St. 3d 170, 2006-Ohio-6043, citing Canton v.	287
State, 95 Ohio St.3d 149, 2002-Ohio-2005, syllabus, sections	288
1332.21 to 1332.34 of the Revised Code are intended as a	289
comprehensive legislative enactment operating uniformly throughout	290
this state, setting forth police regulations, and prescribing a	291
rule of conduct upon citizens generally.	292

Sec. 1332.23. (A) Except as otherwise provided in division	293
(B)(1) or (2) of this section, no person shall provide video	294
service in this state on or after the effective date of this	295
section except pursuant to a video service authorization issued	296
under section 1332.24 of the Revised Code. Nothing in sections	297
1332.21 to 1332.34 of the Revised Code equates authority to	298
construct and operate telecommunications facilities in a public	299
right-of-way to authority to provide access to video service.	300

(B)(1)(a) Solely at the option of a person that offers	301
service under a franchise or competitive video service agreement	302
in effect on the effective date of this section, the person may	303
continue on and after that date to provide service within the	304
franchise area or the respective municipal corporation or	305
unincorporated area of a township pursuant to the terms and	306
conditions of the franchise or agreement. However, no such	307
franchise or agreement shall be renewed or extended beyond the	308
existing term of the franchise or agreement or its earlier	309
termination pursuant to the terms and conditions of the franchise	310
or agreement.	311

(b) Any person that is providing video service in this state	312
on the effective date of this section pursuant to the terms and	313
conditions of an expired franchise or competitive video service	314
agreement, or is otherwise providing video service on that date	315
other than as described in division (B)(1)(a) of this section, has	316
ninety days beginning on the effective date of this section to	317
file an application for a video service authorization under	318
section 1332.25 of the Revised Code.	319

(2) A person that offers service under a franchise or	320
competitive video service agreement pursuant to division (B)(1)(a)	321
of this section may apply, under any of the following	322
circumstances under section 1332.25 of the Revised Code, for a	323
video service authorization to provide video service within an	324
area served by its video service network on the effective date of	325
this section under that franchise or agreement:	326

(a) Before the expiration or termination of the person's	327
franchise or competitive video service agreement for that area in	328
accordance with its terms and conditions;	329

(b) After any other person provides or sells video service in	330
that area;	331

(c) After receiving notice pursuant to division (A) of	332
section 1332.27 of the Revised Code;	333

(d) After a determination by the federal communications	334
commission under 47 C.F.R. 76.907 that the person is subject in	335
that area to effective competition as defined in 47 C.F.R.	336
76.905(b).	337

Upon the effective date of a video service authorization	338
obtained by the person under division (B)(2) of this section, the	339
franchise or competitive video service agreement terminates, and	340
no provision of that franchise or agreement is enforceable.	341

(C) Video service constitutes cable service over a cable	342
system for the purposes of sections 1332.01 to 1332.10 of the	343
Revised Code. For purposes of division (B)(4) of section 4939.05	344
and divisions (A)(3) and (D)(2) of section 4939.08 of the Revised	345
Code, a municipal corporation that receives a video service	346
provider fee described in section 1332.32 of the Revised Code	347
constitutes a municipal corporation that charges a franchise fee,	348
and a video service authorization described in section 1332.24 of	349
the Revised Code constitutes a franchise between a cable operator	350
and a municipal corporation.	351

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	352
the Revised Code, the director of commerce may issue to any	353
person, or renew, a video service authorization, which	354
authorization confers on the person the authority, subject to	355
sections 1332.21 to 1332.34 of the Revised Code, to provide video	356
service in its video service area; construct and operate a video	357
service network in, along, across, or on public rights-of-way for	358
the provision of video service; and, when necessary to provide	359
that service, exercise the power of a telegraph company under	360
section 4931.04 of the Revised Code. The term of a video service	361
authorization or authorization renewal shall be ten years.	362

(2) For the purposes of the "Cable Communications Policy Act	363
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	364
seq., a video service authorization shall constitute a franchise	365
under that law, and the director shall be the sole franchising	366
authority under that law for video service authorizations in this	367
state.	368

(B)(1) The director may investigate alleged violations of or	369
failures to comply with division (A) of section 1332.23, division	370
(C) of section 1332.25, division (C) or (D) of section 1332.26,	371
division (A), (B), or (C) of section 1332.27, division (A) of	372
section 1332.28, division (A) or (B) of section 1332.29, or	373
section 1332.30 or 1332.31 of the Revised Code, or complaints	374
concerning any such violation or failure. Except as provided in	375
this section, the director has no authority to regulate video	376
service in this state, including, but not limited to, the rates,	377
terms, or conditions of that service.	378

(2) In conducting an investigation under division (B)(1) of	379
this section, the director, by subpoena, may compel witnesses to	380
testify in relation to any matter over which the director has	381
jurisdiction and may require the production of any book, record,	382
or other document pertaining to that matter. If a person fails to	383
file any statement or report, obey any subpoena, give testimony,	384
produce any book, record, or other document as required by a	385
subpoena, or permit photocopying of any book, record, or other	386
document subpoenaed, the court of common pleas of any county in	387
this state, upon application made to it by the director, shall	388
compel obedience by attachment proceedings for contempt, as in the	389
case of disobedience of the requirements of a subpoena issued from	390
the court or a refusal to testify.	391

(C)(1) If the director finds that a person has violated or	392
failed to comply with division (A) of section 1332.23, division	393
(C) of section 1332.25, division (C) or (D) of section 1332.26,	394
division (A), (B), or (C) of section 1332.27, division (A) of	395
section 1332.28, division (A) or (B) of section 1332.29, or	396
section 1332.30 or 1332.31 of the Revised Code, and the person has	397
failed to cure the violation or failure after reasonable, written	398
notice and reasonable time to cure, the director may do any of the	399
following:	400

(a) Apply to the court of common pleas of any county in this	401
state for an order enjoining the activity or requiring compliance.	402
Such an action shall be commenced not later than three years after	403
the date the alleged violation or failure occurred or was	404
reasonably discovered. Upon a showing by the director that the	405
person has engaged in a violation or failure to comply, the court	406
shall grant an injunction, restraining order, or other appropriate	407
relief.	408

(b) Enter into a written assurance of voluntary compliance	409
with the person;	410

(c) Pursuant to an adjudication under Chapter 119. of the	411
Revised Code, assess a civil penalty in an amount determined by	412
the director, including for any failure to comply with an	413
assurance of voluntary compliance under division (C)(1)(b) of this	414
section. The amount shall be not more than one thousand dollars	415
for each day of violation or noncompliance, not to exceed a total	416
of ten thousand dollars, counting all subscriber impacts as a	417
single violation or act of noncompliance. In determining whether a	418
civil penalty is appropriate under division (C)(1)(c) of this	419
section, the director shall consider all of the following factors:	420

(i) The seriousness of the noncompliance;

421

(ii) The good faith efforts of the person to comply;

422

(iii) The person's history of noncompliance;

423

(iv) The financial resources of the person;

424

(v) Any other matter that justice requires.

425

Civil penalties collected pursuant to division (C)(1)(c) of	426
this section shall be deposited to the credit of the video service	427
enforcement fund in the state treasury, which is hereby created,	428
to be used by the department of commerce in carrying out its	429
duties under this section.	430

(2) Pursuant to an adjudication under Chapter 119. of the	431
Revised Code, the director may revoke, in whole or in part, the	432
video service authorization of any person that has repeatedly and	433
knowingly violated or failed to comply with division (A) of	434
section 1332.23, division (C) of section 1332.25, division (C) or	435
(D) of section 1332.26, division (A), (B), or (C) of section	436
1332.27, division (A) of section 1332.28, division (A) or (B) of	437
section 1332.29, or section 1332.30 or 1332.31 of the Revised Code	438
and that has failed to cure the violations or noncompliances after	439
reasonable written notice and reasonable time to cure. Such person	440
acts knowingly, regardless of the person's purpose, when the	441
person is aware that the person's conduct will probably cause a	442
certain result or will probably be of a certain nature. A person	443
has knowledge of circumstances when the person is aware that such	444
circumstances probably exist.	445

(3) The court shall conduct a de novo review in any appeal	446
from an adjudication under division (C)(1)(c) or (C)(2) of this	447
section.	448

(D) The public utilities commission has no authority over a	449
video service provider in its offering of video service or a cable	450
operator in its offering of cable or video service, or over any	451
person in its offering of video service pursuant to a competitive	452
video service agreement.	453

Sec. 1332.25. (A) An application made to the director of	454
commerce for a video service authorization under section 1332.24	455
of the Revised Code shall require and contain only the following:	456

(1) Specification of the location of the applicant's	457
principal place of business and the names of the applicant's	458
principal executive officers;	459

(2) Specification of the geographic and political boundaries	460
of the applicant's proposed video service area;	461

(3) A general description of the type or types of	462
technologies the applicant will use to deliver the video	463
programming, which may include wireline, wireless, or any other	464
alternative technology, subject, as applicable, to section 1332.29	465
of the Revised Code;	466

(4) An attestation that the applicant has filed or will	467
timely file with the federal communications commission all forms	468
required by that agency in advance of offering video service in	469
this state;	470

(5) An attestation that the applicant will comply with	471
applicable federal, state, and local laws;	472

(6) An attestation that the applicant is legally,	473
financially, and technically qualified to provide video service;	474

(7) A description of the applicant's customer complaint	475
handling process, including policies on addressing customer	476
service issues, billing adjustments, and communication with	477
government officials regarding customer complaints, and a local or	478
toll-free telephone number at which a customer may contact the	479
applicant.	480

(B) For the purpose of division (A)(2) of this section:

481

(1) The video service areas of video service providers may	482
overlap.	483

(2) A specified video service area shall be coextensive with	484
municipal, township unincorporated area, or county boundaries,	485
except as authorized under division (B)(3) or (4) of this section,	486
but nothing in sections 1332.21 to 1332.34 of the Revised Code	487
shall require a video service provider to provide access to video	488
service within the entire video service area.	489

(3) The specified video service area of a person using	490
telecommunications facilities to provide video service on the	491
effective date of this section or of any other person later so	492
using telecommunications facilities shall be the geographic area	493
in which the person offers basic local exchange service.	494

(4) Subject to division (C)(2) of section 1332.27 of the	495
Revised Code, the specified video service area of an applicant	496
cable operator that offers service under a franchise in effect on	497
the effective date of this section initially shall be, at minimum,	498
the franchise area established under that franchise.	499

(C) A video service provider shall immediately file an	500
application to amend its video service authorization with the	501
director to reflect any change in the information required under	502
division (A)(1), (2), or (3) of this section. An amendment	503
pursuant to division (A)(2) of this section shall include any new	504
delivery technology information required by division (A)(3) of	505
this section.	506

(D) Within thirty days after its filing or within thirty days	507
after the filing of supplemental information necessary to make it	508
complete, the director shall determine the completeness of an	509
application filed under division (A) or (C) of this section	510
relative to the respective requirements of divisions (A), (B), and	511
(C) of this section and, as applicable, shall notify the applicant	512
of an incompleteness determination, state the bases for that	513
determination, and inform the applicant that it may resubmit a	514
corrected application. The director shall issue a video service	515
authorization, authorization renewal, or amended authorization	516
within fifteen days after the director's determination that the	517
filed application is complete.	518

If the director does not notify the applicant regarding the	519
completeness of the application within the time period specified	520
in this division or does not issue the authorization requested by	521
a completed application within the applicable time period, the	522
application shall be deemed complete, and the authorization or	523
amended authorization deemed issued on the forty-fifth day after	524
the application's filing date.	525

(E) An applicant shall pay a two thousand dollar	526
nonrefundable fee for each application filed under division (A) of	527
this section and a one hundred dollar nonrefundable fee for each	528
application to amend filed under division (C) of this section.	529
Fees collected under this division shall be deposited to the	530
credit of the video service authorization fund in the state	531
treasury, which is hereby created, to be used by the department of	532
commerce in carrying out its duties under this section.	533

(F) No video service provider shall identify or make	534
reference to an application fee under division (E) of this section	535
on any subscriber bill or in conjunction with charging any fee to	536
the subscriber.	537

(G) An applicant may identify any information in its	538
application as trade secret information, and if, upon its written	539
request to the director, the director reasonably affirms all or	540
part of that information as trade secret information, the	541
information so affirmed does not constitute a public record for	542
the purpose of section 149.43 of the Revised Code.	543

Sec. 1332.26. (A) No political subdivision shall require a	544
video service provider to obtain from it any authority to provide	545
video service within its boundaries.	546

(B) Except as authorized under division (C) of this section	547
and under sections 1332.30 and 1332.32 of the Revised Code, no	548
political subdivision shall request anything of value from a video	549
service provider for providing video service; impose any fee,	550
license, or gross receipt tax on the provision of video service by	551
such a provider; or impose any franchise or other requirement on	552
the provision of video service by a video service provider,	553
including, but not limited to, any provision regulating rates	554
charged by a video service provider or establishing any build-out	555
requirement or requirement to deploy any facility or equipment.	556

(C) When requested to do so, a video service provider shall	557
assist a municipal corporation or township in addressing video	558
service subscriber complaints, in a manner consistent with the	559
provider's complaint handling process set forth in its application	560
pursuant to division (A)(7) of section 1332.24 of the Revised	561
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	562
affects any authority granted under sections 1345.01 to 1345.13 of	563
the Revised Code.	564

(D) A video service provider shall meet all of the following	565
customer service standards:	566

(1) The provider shall restore video service within	567
seventy-two hours after a subscriber reports a service	568
interruption or other problem if the cause was not a natural	569
disaster.	570

(2) Upon a report by a subscriber of a service interruption	571
and if the interruption is caused by the video service provider	572
and lasts for more than fours hours in a given day, the provider	573
shall give the subscriber a credit in the amount of the cost of	574
each such day's video service as would be billed to the	575
subscriber.	576

(3) Upon a report by a subscriber of a service interruption	577
and if the interruption is not caused by the video service	578
provider and lasts for more than twenty-four consecutive hours,	579
the provider shall give the subscriber, for each hour of service	580
interruption, a credit in the amount of the cost of per hour video	581
service as would be billed to the subscriber.	582

(4) The provider shall give a subscriber at least thirty	583
days' advance, written notice before removing a channel from the	584
provider's video service, but no such notice is required if the	585
provider must remove the channel because of circumstances beyond	586
its control.	587

(5) The provider shall give a subscriber at least ten days'	588
advance, written notice of a disconnection of all or part of the	589
subscriber's video service, except if the disconnection has been	590
requested by the subscriber, is necessary to prevent theft of	591
video service, or is necessary to reduce or prevent signal leakage	592
as described in 47 C.F.R. 76.611.	593

(6) The provider shall not disconnect all or part of a	594
subscriber's video service for failure of the subscriber to pay	595
its video service bill, until the bill is at least forty-five days	596
past due.	597

(7) The provider shall give a subscriber at least thirty	598
days' advance, written notice before instituting an increase in	599
video service rates.	600

Sec. 1332.27. (A) Before providing or selling video service	601
to one or more subscribers within its video service area or any	602
additional video service area under division (C) of section	603
1332.25 of the Revised Code, a video service provider shall	604
provide ten days' advance, written notice of that service or	605
additional service to the respective municipal corporation or	606
township and to every person providing video service in all or	607
part of that video service area.	608

(B) A video service provider may transfer its video service	609
authorization to a successor. Within ten days after completing the	610
transfer, the provider shall provide written notice to the	611
respective municipal corporation or township. The transfer is not	612
valid until the date that the successor files a complete affidavit	613
with the director of commerce containing the information specified	614
in division (A) of section 1332.25 of the Revised Code. The	615
director has no authority to act upon the notice or the completed	616
affidavit.	617

(C)(1) A video service provider may terminate video service	618
to its video service area, but only after providing ninety days'	619
advance, written notice to the director, affected subscribers, and	620
the respective municipal corporations or townships comprising the	621
video service area. The director has no authority to act upon the	622
notice.	623

(2) Notwithstanding division (C)(1) of this section, a video	624
service provider that provided video service in this state under a	625
franchise on the effective date of this section shall not abandon	626
the video service it provided within the franchise area to	627
subscribers served on that effective date, at least until the	628
franchise would have expired if not terminated under division (B)	629
of section 1332.23 of the Revised Code.	630

Sec. 1332.28. (A) Consistent with the "Telecommunications Act	631
of 1996," Pub. L. No. 104-104, Title III, Sections 303(a), 110	632
Stat. 61, 124, 47 U.S.C. 541(a)(3) and to prohibit discriminatory	633
practices against a group of potential residential subscribers, no	634
video service provider shall deny access to video service to any	635
group of potential residential subscribers in its video service	636
area because of the race or income of the residents in the local	637
area in which the group resides.	638

(B) It is an affirmative defense to a violation of division	639
(A) of this section if the video service provider can demonstrate	640
either of the following:	641

(1) Three years after the date it began providing video	642
service in its video service area, at least twenty-five per cent	643
of households with access to the provider's video service are	644
low-income households.	645

(2) Five years after the date it began providing video	646
service in its video service area and thereafter, at least thirty	647
per cent of the households with access to the provider's video	648
service are low-income households.	649

Sec. 1332.29. (A)(1) A video service provider that both uses	650
telecommunications facilities to provide video service and has	651
more than one million telephone access lines in this state shall	652
provide access to video service to at least:	653

(a) Twenty-five per cent of the households in its video	654
service area within two years after the date it began providing	655
video service in that area;	656

(b) Fifty per cent of the households in its video service	657
area within five years after the date it began providing video	658
service in that area, except that a video service provider need	659
not meet that fifty per cent requirement until two years after at	660
least thirty per cent of the households with access to the	661
provider's video service under its video service authorization	662
subscribe to the service for six consecutive months.	663

(2) A video service provider may comply with division	664
(A)(1)(a) or (b) of this section through the use of alternative	665
technology, except satellite technology, that offers service,	666
functionality, and content demonstrably similar to the service,	667
functionality, and content the provider otherwise provides through	668
its video service network.	669

(B) A video service provider shall file an annual report with	670
the director of commerce describing its compliance with division	671
(A) of this section or, as applicable, its progress toward that	672
compliance.	673

(C) A video service provider may apply to the director for a	674
waiver of or for an extension of time to comply with division	675
(A)(1) of this section. The director may grant the waiver or	676
extension only if the director determines that the video service	677
provider has made substantial and continual effort to comply and	678
determines that one or more of the following caused the provider's	679
inability to comply:	680

(1) The provider is unable to obtain access to public and	681
private rights-of-way under reasonable terms and conditions.	682

(2) Developments or buildings are not subject to competition	683
because of existing, exclusive service arrangements.	684

(3) Developments or buildings are inaccessible using	685
reasonable technical solutions under commercially reasonable terms	686
and conditions.	687

(4) A natural disaster prevents compliance.

688

(5) There are other factors beyond the provider's control.

689

If an extension of time is granted, the director shall	690
establish a new compliance deadline. If a waiver is granted, the	691
director shall specify the requirement or requirements waived.	692

Sec. 1332.30. (A)(1)(a) If a municipal corporation or	693
township has three or more PEG channels programmed on January 1,	694
2007, the person providing those channels pursuant to a franchise,	695
competitive video service agreement, ordinance, or resolution or	696
otherwise shall continue to provide those PEG channels, three of	697
which shall be on the person's basic service tier, with the	698
additional PEG channels on the person's basic service tier or on	699
any service tier viewed by more than fifty per cent of the	700
subscribers in the video service area. Any such additional channel	701
may be reclaimed if it is not substantially utilized. For the	702
purpose of division (A)(1)(a) and (B)(2) of this section, a PEG	703
channel is "not substantially utilized" when fewer than forty	704
hours of noncharacter-generated content are programmed on that	705
channel each week and less than sixty per cent of the programming	706
is nonrepeat and locally produced.	707

(b) If the municipal corporation or township has one or two	708
PEG channels programmed on January 1, 2007, the person providing	709
those channels pursuant to a franchise, competitive video service	710
agreement, ordinance, or resolution or otherwise shall continue to	711
provide the channel or channels, with one PEG channel on the	712
person's basic service tier and, as applicable, the second PEG	713
channel on the person's basic service tier or on any service tier	714
viewed by more than fifty per cent of the subscribers in the video	715
service area.	716

(2) A municipal corporation or township by written notice may	717
require a person providing video service in the municipal	718
corporation or township on or after the effective date of this	719
section, other than a person described in division (A)(1)(a) or	720
(b) of this section, to provide the same number of PEG channels	721
under the same service tier conditions and subject to the same	722
channel reclamation as those required under division (A)(1)(a) or	723
(b) of this section of the incumbent person but, if there is more	724
than one such incumbent that provided PEG channels on January 1,	725
2007, the person shall provide the same number required of the	726
incumbent with the most recent obligation. The notice shall state	727
the appropriate number of PEG channels and the service tiers	728
required. Following receipt of that notice, the person shall	729
provide the PEG channels not later than one hundred twenty days	730
after the municipal corporation or township is able to deliver the	731
PEG channel content.	732

(3) Nothing in division (A) of this section precludes a	733
person and a municipal corporation or township from entering into	734
other arrangements for PEG channels, including agreements	735
increasing or decreasing the number of channels required under	736
division (A)(1)(a) or (b) of this section.	737

(B)(1) A municipal corporation or a township that has no PEG	738
channels programmed on January 1, 2007, and lies within a video	739
service provider's video service area may require the video	740
service provider by written notice to provide PEG channels	741
beginning after the provider initially provides access to video	742
service within the municipal corporation or unincorporated area of	743
the township. The video service provider shall provide the PEG	744
channels one hundred twenty days after the municipal corporation	745
or township is able to deliver the PEG channel content. The	746
provider may use any service tier viewed by more than fifty per	747
cent of the subscribers in the video service area to provide the	748
PEG channels.	749

(a) Except as provided in division (B)(2) of this section,	750
the number of required PEG channels shall not exceed three if the	751
respective municipal corporation or township has a population of	752
at least fifty thousand, or two if the population is less than	753
fifty thousand. If there is more than one video service provider	754
providing PEG channels in the municipal corporation or township,	755
the number of channels shall be the same for all the video service	756
providers.	757

(b) If a video service provider distributes video programming	758
to more than one municipal corporation or township through a	759
single headend or video hub office and the aggregate population of	760
the municipal corporations or townships is at least fifty	761
thousand, none of those municipal corporations or townships shall	762
require the provider to provide, in the aggregate, channel	763
capacity for more than three PEG channels. If the aggregate	764
population is less than fifty thousand, none of those municipal	765
corporations or townships shall require the provider to provide,	766
in the aggregate, channel capacity for more than two PEG channels.	767

(2) A video service provider may reclaim a PEG channel under	768
division (B) of this section that it determines is not	769
substantially utilized. At such time as the municipal corporation	770
or township that caused the establishment of the PEG channel can	771
later certify that the channel will be substantially utilized, the	772
video service provider, within one hundred twenty days after the	773
date the video service provider receives that certification, shall	774
restore the reclaimed channel as a PEG channel. However, the	775
provider need not carry that channel on any specified tier of	776
service.	777

(C) No municipal corporation or township shall require a	778
video service provider to provide any institutional network on its	779
video service network, except that a person that, pursuant to a	780
franchise, competitive video service agreement, ordinance, or	781
resolution or otherwise, provided any institutional network on	782
January 1, 2007, shall continue to provide the institutional	783
network until the obligation would have expired if not terminated	784
pursuant to division (B) of section 1332.23 of the Revised Code,	785
or, if earlier and as applicable, until January 1, 2012, or such	786
earlier date as may be specified in an ordinance or resolution in	787
effect on the effective date of this section. The provider shall	788
give the municipal corporation or township at least one hundred	789
twenty days' written advance notice of that termination. If the	790
obligation included terms regarding the infrastructure of the	791
institutional network upon the expiration of the obligation, the	792
video service provider shall honor those terms. Nothing in this	793
division precludes such a video service provider and a municipal	794
corporation or township from entering into other arrangements for	795
institutional networks.	796

(D) A video service provider shall accept PEG channel content	797
and programming under this section that, at the least, meets the	798
transmission standards of the national television standards	799
committee in effect on the effective date of this section.	800

(E)(1) The obligation of a person under a franchise,	801
competitive video service agreement, ordinance, or resolution in	802
effect on the effective date of this section to provide monetary	803
or other support to a municipal corporation or township for PEG	804
channel facilities shall continue until the obligation would have	805
expired if not terminated pursuant to division (B) of section	806
1332.23 of the Revised Code or, if earlier and as applicable,	807
January 1, 2012, or such earlier date as many be specified in an	808
ordinance or resolution in effect on the effective date of this	809
section.	810

(2)(a) Each other person providing access to video service	811
within the municipal corporation or the unincorporated area of a	812
township after the effective date of this section shall have the	813
same obligation to support PEG channel facilities during the same	814
time period as the incumbent under division (E)(1) of this	815
section, but, if there is more than one such incumbent, each other	816
person shall have the same obligation as the incumbent with the	817
most recent obligation.	818

(i) If the incumbent support is in the form of a percentage	819
of gross revenues or a per subscriber fee, the video service	820
provider shall provide that same level of support in that same	821
form.	822

(ii) If the incumbent support is in the form of a lump sum	823
payment without an offset to its video service provider fee, the	824
video service provider shall be responsible for a pro rata share	825
of that payment.	826

(iii) If the incumbent provides in-kind support, the video	827
service provider shall pay the municipal corporation or township a	828
pro rata share of the fair market value of that support.	829

The video service provider may identify and collect the	830
amount of any fees authorized by divisions (E)(2)(a)(i) or any	831
payment authorized under division (E)(2)(a)(ii) or (iii) of this	832
section and the cost of any content conversion, if applicable, as	833
a separate line item on the bills of its subscribers having	834
service addresses within the municipal corporation or	835
unincorporated area of the township.	836

(b) A video service provider's pro rata share under division	837
(E)(2)(a)(ii) or (iii) of this section shall be based on its	838
proportion of video service subscribers with service addresses in	839
the municipal corporation or unincorporated area of the township.	840
For the purpose of determining the pro rata shares, all persons	841
under divisions (E)(1) and (2) of this section shall report	842
quarterly to the municipal corporation or township the total	843
number of subscribers served within the municipal corporation or	844
the unincorporated area of the township. This information shall be	845
treated as confidential by the municipal corporation or township	846
and shall be used only to derive the pro rata shares.	847

(c) The person shall remit its pro rata share to the	848
municipal corporation or township quarterly, not sooner than	849
forty-five nor later than sixty days after the end of the	850
preceding calendar quarter. However, the person need not pay its	851
pro rata share unless the municipal corporation or township	852
provided notice to the person of the amount due. The municipal	853
corporation or township shall use the payments only as authorized	854
under federal law.	855

(F)(1) A person shall provide to a municipal corporation or	856
township transmission capacity for the PEG channels the person	857
provides pursuant to division (A) or (B) of this section and may	858
use the most economically and technologically efficient means of	859
providing that capacity. Except as otherwise provided in division	860
(F)(2) of this section, the person may charge the municipal	861
corporation or township for that transmission capacity.	862

(2)(a) Except as otherwise provided in division (F)(2)(b) of	863
this section, a person under division (A) of this section shall	864
provide the transmission capacity at no charge until the earlier	865
of January 1, 2012, or the date its obligation to provide PEG	866
channels under division (A) of this section would have expired if	867
not terminated under division (B) of section 1332.23 of the	868
Revised Code, or, if earlier and applicable, until such earlier	869
date as may be specified in an ordinance or resolution in effect	870
on the effective date of this section. The person may identify and	871
collect the amount of its costs to provide transmission capacity	872
under division (F)(2)(a) of this section as a separate line item	873
on the bills of its subscribers having service addresses in the	874
municipal corporation or unincorporated area of the township.	875

(b) During the time described in division (F)(2)(a) of this	876
section, if the municipal corporation or township requests that a	877
PEG channel origination point existing as of January 1, 2007, be	878
relocated, the person may charge the municipal corporation or	879
township for the costs of constructing that part of a transmission	880
line, connecting the person's headend or video hub office to the	881
relocated point, that extends two hundred feet beyond the headend	882
or video hub, but not for the costs associated with the	883
transmission of the PEG programming. Also, during that time, the	884
person may charge for the construction costs associated with	885
additional origination points, but not for the costs associated	886
with the transmission of the PEG programming.	887

(G) Except as otherwise provided in this section, no	888
municipal corporation or township shall require a video service	889
provider to provide any funds, services, programming, facilities,	890
or equipment related to PEG channels. PEG channel operation and	891
programming shall be the sole responsibility of the municipal	892
corporation or township. Except as otherwise provided in this	893
section, the video service provider shall bear only the	894
responsibility for the transmission to subscribers of the PEG	895
channel programming once the programming is delivered to the video	896
service provider in the appropriate format.	897

Sec. 1332.31. Not later than six months after the effective	898
date of its video service authorization, a video service provider	899
shall carry emergency interrupt service announcements transmitted	900
by local television broadcasters and shall transmit national,	901
state, and local emergency interrupt service announcements as	902
required by 47 C.F.R. 11.11 et seq. or as otherwise required by	903
the federal communications commission.	904

Sec. 1332.32. (A) Not sooner than forty-five nor later than	905
sixty days after the end of each calendar quarter, a video service	906
provider shall pay a video service provider fee to each municipal	907
corporation and each township in which it offers video service.	908
The fee shall be calculated quarterly by determining the	909
provider's gross revenue for the preceding calendar quarter as	910
described in division (B) of this section and multiplying the	911
result by the percentage specified in division (C)(1)(a) or (b) of	912
this section.	913

(B) Gross revenue shall be computed in accordance with	914
generally accepted accounting principles.	915

(1) Gross revenue shall consist of all of the following	916
revenue for the calendar quarter that is collected by the provider	917
for video service from all its subscribers having service	918
addresses within the municipal corporation or, respectively, the	919
unincorporated area of the township:	920

(a) Recurring monthly charges for video service;

921

(b) Event-based charges for video service, including, but not	922
limited to, pay-per-view and video-on-demand charges;	923

(c) Charges for rental of set top boxes and other video	924
service equipment;	925

(d) Service charges related to the provision of video	926
service, including, but not limited to, activation, installation,	927
and repair;	928

(e) Administrative charges related to the provision of video	929
service, including, but not limited to, service order and service	930
termination charges.	931

(2) Gross revenue shall not include any of the following:

932

(a) Any taxes, fees, or assessments that are collected by the	933
video service provider from video service subscribers for	934
pass-through to any federal, state, or local government agency,	935
including the video service provider fee authorized under this	936
section, the fee authorized under division (F) of section 1332.30	937
of the Revised Code, and the federal communication commission user	938
fee;	939

(b) Uncollectible charges, except that uncollectible charges,	940
all or part of which are written off as bad debt but subsequently	941
collected, less the expenses of their collection shall be included	942
in gross revenue in the quarter collected;	943

(c) Late payment charges;

944

(d) Maintenance charges;

945

(e) Charges for services other than video service, reasonably	946
identifiable on books or records the video service provider keeps	947
in the regular course of business or by other reasonable means,	948
that are aggregated or bundled with amounts billed to video	949
service subscribers, including, but not limited to, any revenue	950
received by a video service provider or its affiliates for	951
telecommunications service, information service, or the provision	952
of directory or internet advertising, including yellow pages,	953
white pages, banner advertising, and electronic publishing;	954

(f) Reimbursement by programmers of marketing costs actually	955
incurred by the video service provider;	956

(g) Advertising revenue, unless a municipal corporation	957
enacts an ordinance or a board of township trustees adopts a	958
resolution that uniformly applies to all video service providers.	959
For those purposes, "advertising revenue" means the net revenue	960
received by the video service provider for advertising on its	961
subscription-based video service within a municipal corporation or	962
the unincorporated area of a township. If such revenue is derived	963
under a regional or national compensation contract or arrangement	964
between the video service provider and one or more advertisers or	965
advertising representatives, the amount of revenue derived for a	966
municipal corporation or for the unincorporated area of a township	967
shall be determined by multiplying the total net revenue received	968
by the video service provider under the contract or arrangement by	969
the percentage resulting from dividing the number of subscribers	970
in the municipal corporation or unincorporated area of a township	971
by the total number of regional or national subscribers that	972
potentially receive the advertising under the contract or	973
arrangement. The municipal corporation or township shall promptly	974
notify affected video service providers of the ordinance or	975
resolution, which shall not take effect until the first day of the	976
first calendar quarter that begins more than thirty days after the	977
notice.	978

(h) Subject to division (B)(2)(g) of this section, any	979
revenue not expressly enumerated in division (B)(1) of this	980
section.	981

(C)(1)(a) If in the calendar quarter a franchise fee is	982
payable by a cable operator under a franchise in effect in a	983
municipal corporation or township as provided under division (B)	984
of section 1332.23 of the Revised Code, the percentage of gross	985
revenue payable in that calendar quarter by a video service	986
provider to the municipal corporation or township shall be the	987
same percentage of gross revenue payable in that calendar quarter	988
pursuant to that franchise, not to exceed five per cent. If there	989
is more than one such franchise of a cable operator in effect in	990
that quarter, the lowest such percentage shall be used.	991

(b) Otherwise, the percentage shall be zero or such higher	992
percentage, not to exceed five per cent, as is specified in an	993
ordinance or resolution that the municipal corporation or township	994
may enact or adopt for the purpose of this section.	995

(2) The municipal corporation or township shall provide	996
written notice to the video service provider of the appropriate	997
percentage under division (C)(1)(a) or (b) of this section within	998
ten days after it receives the initial service notice under	999
division (A) of section 1332.27 of the Revised Code that the video	1000
service provider will commence to provide access to video service	1001
in the municipal corporation or unincorporated area of the	1002
township. A provider need not pay the fee unless the municipal	1003
corporation or township provided that notice.	1004

(D) A video service provider that pays a video service	1005
provider fee pursuant to this section may identify and collect the	1006
amount of that fee as a separate line item on the regular bill of	1007
each of its video service subscribers that has a service address	1008
within any portion of the municipal corporation or, respectively,	1009
within the unincorporated area of the township.	1010

Sec. 1332.33. (A) At its sole expense and not more often than	1011
once per calendar year, a municipal corporation or township may	1012
conduct an audit for the purpose of verifying the accuracy of a	1013
video service provider's calculation of the video service provider	1014
fees it paid to the municipal corporation or township in the audit	1015
period. For the purpose of the audit, the video service provider	1016
shall make available for inspection, at the location where such	1017
records are kept in the normal course of business, those records	1018
pertaining to its gross revenue as defined in division (B) of	1019
section 1332.32 of the Revised Code. The provider need not retain	1020
those records for longer than three years after the year for which	1021
the fee was payable, unless the municipal corporation or township	1022
has commenced an action under division (C) of this section.	1023

(B) A video service provider shall pay any amounts found to	1024
have been underpaid in the audit within thirty days after notice	1025
and shall include interest on the underpayments as provided in	1026
section 1343.03 of the Revised Code.	1027

(C)(1) No municipal corporation or township shall employ,	1028
appoint, or retain any person to conduct an audit under division	1029
(A) of this section for compensation that is dependent on the	1030
dollar amount of the audit findings. Division (C) of this section	1031
shall not prohibit or limit the hiring of legal counsel on a	1032
contingency fee basis to enforce the findings of an audit.	1033

(2) No person shall solicit or accept compensation that is	1034
dependent in any manner upon the outcome of an audit under	1035
division (A) of this section, including compensation dependent on	1036
the audit findings or the recovery of fees or other payment by the	1037
municipal corporation, township, or video service provider.	1038

(D) An action by the municipal corporation or township or by	1039
the video service provider to dispute the amount of video service	1040
provider fee due based on the audit results shall be brought in a	1041
court of competent jurisdiction not later than two years following	1042
the end of the quarter to which the disputed amount relates.	1043

(E) A municipal corporation or township shall be deemed to	1044
accept as full payment any payment of a video service provider fee	1045
that it does not challenge as provided under division (D) of this	1046
section.	1047

Sec. 1332.34.  Nothing in sections 1332.21 to 1332.33 of the	1048
Revised Code is intended to be inconsistent with the "Cable	1049
Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C. 521	1050
to 573.	1051

Section 2. That existing section 153.64 and sections 505.90,	1052
505.91, and 505.92 of the Revised Code are hereby repealed.	1053