Vetoed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that increases oversight and of competitive parity among video service providers and amends laws governing municipal cable television providers.

Highlights:

• Ensures that all cable television operators and video service providers receive the same treatment for franchising and regulatory processes and encourages new providers to provide competitive pressure on the pricing of such services (Sec 2. 30-A).

• Requires that a cable system operator video service provider may not abandon service or a portion of that service without having given months' prior written notice to the franchising municipality if any, and to the municipalities affected by that abandonment (Sec. 2).

• Requires video service provider to be responsible for all costs associated with public, educational, and governmental facility equipment used for the management of public, educational, and governmental access channels within the franchising municipality, including, but not limited to, technology upgrade costs for signal quality improvement or other reasons (Sec. 2) 

• The video service provider must be required to pay to the municipality or its designee a fee equal to 5% of the video service provider's gross annual revenue derived from its operation of the cable television system in the municipality as compensation for use of public rights-of-way (Sec. 3).

• The municipality is authorized to use the fees collected under this subsection for costs associated with the regulation of the operation of the video service provider within the municipality; to support the provision of public, educational and governmental programming within the municipality; to offset municipal property taxes; or for any other purpose identified by the municipality (Sec. 3).

• The fees under this subsection must be paid by the video service provider to the municipality or its designee every quarter and must be received by the municipality or designee no later than 45 days after the end of the calendar quarter for which the payment is made. If the video service provider fails to timely pay to the municipality or its designee the fees required under this subsection (Sec. 12):

• Interest must accrue on the required, unpaid fees at the rate of 12% simple interest per annum; and 

• The repeated failure to timely pay such fees is a material breach of the terms of the franchise agreement or contract, and the municipality may at its discretion terminate the agreement or contract.

Full Bill Text

Vote Smart's Synopsis:

Vote to amends and pass a bill that increases oversight and of competitive parity among video service providers and amends laws governing municipal cable television providers.

Highlights:

• Ensures that all cable television operators and video service providers receive the same treatment for franchising and regulatory processes and encourages new providers to provide competitive pressure on the pricing of such services (Sec 2. 30-A).

• Requires that a cable system operator video service provider may not abandon service or a portion of that service without having given months' prior written notice to the franchising municipality if any, and to the municipalities affected by that abandonment (Sec. 2).

• Requires video service provider to be responsible for all costs associated with public, educational, and governmental facility equipment used for the management of public, educational, and governmental access channels within the franchising municipality, including, but not limited to, technology upgrade costs for signal quality improvement or other reasons (Sec. 2) 

• The video service provider must be required to pay to the municipality or its designee a fee equal to 5% of the video service provider's gross annual revenue derived from its operation of the cable television system in the municipality as compensation for use of public rights-of-way (Sec. 3).

• The municipality is authorized to use the fees collected under this subsection for costs associated with the regulation of the operation of the video service provider within the municipality; to support the provision of public, educational and governmental programming within the municipality; to offset municipal property taxes; or for any other purpose identified by the municipality (Sec. 3).

• The fees under this subsection must be paid by the video service provider to the municipality or its designee every quarter and must be received by the municipality or designee no later than 45 days after the end of the calendar quarter for which the payment is made. If the video service provider fails to timely pay to the municipality or its designee the fees required under this subsection (Sec. 12):

• Interest must accrue on the required, unpaid fees at the rate of 12% simple interest per annum; and 

• The repeated failure to timely pay such fees is a material breach of the terms of the franchise agreement or contract, and the municipality may at its discretion terminate the agreement or contract.

Full Bill Text