1 Public Utilities Ch. 75 CHAPTER 75 PUBLIC UTILITIES SENATE BILL BY SENATOR Feeley; also REPRESENTATIVES Foster, Armstrong, Paschall, and Prinster. AN ACT CONCERNING LIMITATIONS ON THE POWERS OF MUNICIPALITIES TO PLACE CONDITIONS ON THE USE OF RIGHTS-OF-WAY, AND, IN CONNECTION THEREWITH, PROHIBITING DISCRIMINATION AGAINST PROVIDERS OF CERTAIN TYPES OF TELECOMMUNICATIONS SERVICES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 38, Colorado Revised Statutes, 1982 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE ARTICLE 5.5 Rights-of-way: Telecommunications Providers Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT: (a) THE PASSAGE OF HOUSE BILL ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTIETH GENERAL ASSEMBLY ESTABLISHED A POLICY WITHIN THE STATE TO ENCOURAGE COMPETITION AMONG THE VARIOUS TELECOMMUNICATIONS PROVIDERS, TO REDUCE THE BARRIERS TO ENTRY FOR THOSE PROVIDERS, TO AUTHORIZE AND ENCOURAGE COMPETITION WITHIN THE LOCAL EXCHANGE TELECOMMUNICATIONS MARKET, AND TO ENSURE THAT ALL CONSUMERS BENEFIT FROM SUCH COMPETITION AND EXPANSION. (b) THE STATED GOALS OF HOUSE BILL WERE THAT ALL CITIZENS HAVE ACCESS TO A WIDER RANGE OF TELECOMMUNICATIONS SERVICES AT RATES THAT ARE REASONABLY COMPARABLE WITHIN THE STATE, THAT BASIC SERVICE BE AVAILABLE AND AFFORDABLE TO ALL CITIZENS, AND THAT UNIVERSAL ACCESS TO ADVANCED TELECOMMUNICATIONS SERVICES WOULD BE AVAILABLE TO ALL CONSUMERS. SUCH GOALS ARE ESSENTIAL TO THE ECONOMIC AND SOCIAL WELL-BEING OF THE CITIZENS Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.
2 Ch. 75 Public Utilities OF COLORADO AND CAN BE ACCOMPLISHED ONLY IF TELECOMMUNICATIONS PROVIDERS ARE ALLOWED TO DEVELOP UBIQUITOUS, SEAMLESS, STATEWIDE TELECOMMUNICATIONS NETWORKS. TO REQUIRE TELECOMMUNICATIONS COMPANIES TO SEEK AUTHORITY FROM EVERY POLITICAL SUBDIVISION WITHIN THE STATE TO CONDUCT BUSINESS IS UNREASONABLE, IMPRACTICAL, AND UNDULY BURDENSOME. IN ADDITION, THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT SINCE THE PUBLIC RIGHTS-OF-WAY ARE DEDICATED TO AND HELD ON A NONPROPRIETARY BASIS IN TRUST FOR THE USE OF THE PUBLIC, THEIR USE BY TELECOMMUNICATIONS COMPANIES IS CONSISTENT WITH SUCH POLICY AND APPROPRIATE FOR THE PUBLIC GOOD. (2) THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO ALTER OR DIMINISH THE AUTHORITY OF POLITICAL SUBDIVISIONS OF THE STATE TO LAWFULLY EXERCISE THEIR POLICE POWERS WITH RESPECT TO ACTIVITIES OF TELECOMMUNICATIONS PROVIDERS WITHIN THEIR BOUNDARIES, AND, SUBJECT TO SUCH RESERVATION OF AUTHORITY, THAT: (a) THE CONSTRUCTION, MAINTENANCE, OPERATION, OVERSIGHT, AND REGULATION OF TELECOMMUNICATIONS PROVIDERS AND THEIR FACILITIES IS A MATTER OF STATEWIDE CONCERN AND INTEREST; (b) TELECOMMUNICATIONS PROVIDERS OPERATING UNDER THE AUTHORITY OF THE FEDERAL COMMUNICATIONS COMMISSION OR THE COLORADO PUBLIC UTILITIES COMMISSION PURSUANT TO ARTICLE 15 OF TITLE 40, C.R.S., REQUIRE NO ADDITIONAL AUTHORIZATION OR FRANCHISE BY ANY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE TO CONDUCT BUSINESS WITHIN A GIVEN GEOGRAPHIC AREA AND THAT NO SUCH POLITICAL SUBDIVISION HAS JURISDICTION TO REGULATE TELECOMMUNICATIONS PROVIDERS BASED UPON THE CONTENT, NATURE, OR TYPE OF TELECOMMUNICATIONS SERVICE OR SIGNAL THEY PROVIDE EXCEPT TO THE EXTENT GRANTED BY FEDERAL OR STATE LEGISLATION; (c) TELECOMMUNICATIONS PROVIDERS HAVE A RIGHT TO OCCUPY AND UTILIZE THE PUBLIC RIGHTS-OF-WAY FOR THE EFFICIENT CONDUCT OF THEIR BUSINESS; (d) ACCESS TO RIGHTS-OF-WAY AND OVERSIGHT OF THAT ACCESS MUST BE COMPETITIVELY NEUTRAL, AND NO TELECOMMUNICATIONS PROVIDER SHOULD ENJOY ANY COMPETITIVE ADVANTAGE OR SUFFER A COMPETITIVE DISADVANTAGE BY VIRTUE OF A SELECTIVE OR DISCRIMINATORY EXERCISE OF THE POLICE POWER BY A LOCAL GOVERNMENT Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "POLITICAL SUBDIVISION" MEANS A COUNTY, CITY AND COUNTY, CITY, TOWN, SERVICE AUTHORITY, SCHOOL DISTRICT, LOCAL IMPROVEMENT DISTRICT, LAW ENFORCEMENT AUTHORITY, WATER, SANITATION, FIRE PROTECTION, METROPOLITAN, IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT, OR ANY OTHER KIND OF MUNICIPAL, QUASI-MUNICIPAL, OR PUBLIC CORPORATION ORGANIZED PURSUANT TO LAW.
3 Public Utilities Ch. 75 (2) "PUBLIC HIGHWAY" OR "HIGHWAY" FOR PURPOSES OF THIS ARTICLE INCLUDES ALL ROADS, STREETS, AND ALLEYS AND ALL OTHER DEDICATED RIGHTS-OF-WAY AND UTILITY EASEMENTS OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, WHETHER LOCATED WITHIN THE BOUNDARIES OF A POLITICAL SUBDIVISION OR OTHERWISE. (3) "TELECOMMUNICATIONS PROVIDER" OR "PROVIDER" MEANS A PERSON THAT PROVIDES TELECOMMUNICATIONS SERVICE, AS DEFINED IN SECTION (29), C.R.S., WITH THE EXCEPTION OF CABLE SERVICES AS DEFINED BY SECTION 602(5) OF THE FEDERAL "CABLE COMMUNICATIONS POLICY ACT OF 1984", 47 U.S.C. SEC. 522(c), PURSUANT TO AUTHORITY GRANTED BY THE PUBLIC UTILITIES COMMISSION OF THIS STATE OR BY THE FEDERAL COMMUNICATIONS COMMISSION. "TELECOMMUNICATIONS PROVIDER" OR "PROVIDER" DOES NOT MEAN A PERSON OR BUSINESS USING ANTENNAS, SUPPORT TOWERS, EQUIPMENT, AND BUILDINGS USED TO TRANSMIT HIGH POWER OVER-THE-AIR BROADCAST OF AM AND FM RADIO, VHF AND UHF TELEVISION, AND ADVANCED TELEVISION SERVICES, INCLUDING HIGH DEFINITION TELEVISION. THE TERM "TELECOMMUNICATIONS PROVIDER" IS SYNONYMOUS WITH "TELECOMMUNICATION PROVIDER" Use of public highways - discrimination prohibited - content regulation prohibited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ight-of-way across state land. ANY DOMESTIC OR FOREIGN TELECOMMUNICATIONS PROVIDER AUTHORIZED TO DO BUSINESS UNDER THE LAWS OF THIS STATE SHALL HAVE THE RIGHT TO CONSTRUCT, MAINTAIN, AND OPERATE LINES OF COMMUNICATION, SWITCHES, AND RELATED FACILITIES AND OBTAIN PERMANENT RIGHT-OF-WAY THEREFOR OVER, UPON, UNDER, AND ACROSS ALL PUBLIC LANDS OWNED BY OR UNDER THE CONTROL OF THE STATE, UPON THE PAYMENT OF SUCH JUST COMPENSATION AND UPON COMPLIANCE WITH SUCH REASONABLE CONDITIONS AS MAY
4 Ch. 75 Public Utilities BE REQUIRED BY THE STATE BOARD OF LAND COMMISSIONERS Power of companies to contract. ANY DOMESTIC OR FOREIGN TELECOMMUNICATIONS PROVIDER SHALL HAVE POWER TO CONTRACT WITH ANY PERSON OR CORPORATION, THE OWNER OF ANY LANDS OR ANY FRANCHISE, EASEMENT, OR INTEREST THEREIN OVER OR UNDER WHICH THE PROVIDER'S CONDUITS, CABLE, SWITCHES, AND RELATED APPURTENANCES AND FACILITIES ARE PROPOSED TO BE LAID OR CREATED FOR THE RIGHT-OF-WAY FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF SUCH FACILITIES AND FOR THE ERECTION, MAINTENANCE, OCCUPATION, AND OPERATION OF OFFICES AT SUITABLE DISTANCES FOR THE PUBLIC ACCOMMODATION Consent necessary to use of streets. (1) (a) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE ANY TELECOMMUNICATIONS PROVIDER TO ERECT ANY POLES OR CONSTRUCT ANY CONDUIT, CABLE, SWITCH, OR RELATED APPURTENANCES AND FACILITIES ALONG, THROUGH, IN, UPON, UNDER, OR OVER ANY PUBLIC HIGHWAY WITHIN A POLITICAL SUBDIVISION WITHOUT FIRST OBTAINING THE CONSENT OF THE AUTHORITIES HAVING POWER TO GIVE THE CONSENT OF SUCH POLITICAL SUBDIVISION. (b) A TELECOMMUNICATIONS PROVIDER THAT, ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, EITHER HAS OBTAINED CONSENT OF THE POLITICAL SUBDIVISION HAVING POWER TO GIVE SUCH CONSENT OR IS LAWFULLY OCCUPYING A PUBLIC HIGHWAY IN A POLITICAL SUBDIVISION SHALL NOT BE REQUIRED TO APPLY FOR ADDITIONAL OR CONTINUED CONSENT OF SUCH POLITICAL SUBDIVISION UNDER THIS SECTION. (2) CONSENT FOR THE USE OF A PUBLIC HIGHWAY WITHIN A POLITICAL SUBDIVISION SHALL BE BASED UPON A LAWFUL EXERCISE OF THE POLICE POWER OF SUCH POLITICAL SUBDIVISION AND SHALL NOT BE UNREASONABLY WITHHELD, NOR SHALL ANY PREFERENCE OR DISADVANTAGE BE CREATED THROUGH THE GRANTING OR WITHHOLDING OF SUCH CONSENT Permissible taxes, fees, and charges. (1) (a) NO POLITICAL SUBDIVISION SHALL LEVY A TAX, FEE, OR CHARGE FOR ANY RIGHT OR PRIVILEGE OF ENGAGING IN A BUSINESS OR FOR USE OF A PUBLIC HIGHWAY OTHER THAN: (I) A LICENSE FEE OR TAX AUTHORIZED UNDER SECTION (1) (c), C.R.S., OR ARTICLE XX OF THE STATE CONSTITUTION; AND (II) A STREET OR PUBLIC HIGHWAY CONSTRUCTION PERMIT FEE, TO THE EXTENT THAT SUCH PERMIT FEE APPLIES TO ALL PERSONS SEEKING A CONSTRUCTION PERMIT. (b) ALL FEES AND CHARGES LEVIED BY A POLITICAL SUBDIVISION SHALL BE REASONABLY RELATED TO THE COSTS DIRECTLY INCURRED BY THE POLITICAL SUBDIVISION IN PROVIDING SERVICES RELATING TO THE GRANTING OR ADMINISTRATION OF PERMITS. SUCH FEES AND CHARGES ALSO SHALL BE REASONABLY RELATED IN TIME TO THE OCCURRENCE OF SUCH COSTS. IN ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF A FEE OR CHARGE, THE POLITICAL SUBDIVISION SHALL HAVE THE BURDEN OF PROVING THAT THE FEE OR CHARGE IS REASONABLY RELATED TO THE DIRECT COSTS INCURRED BY THE POLITICAL
5 Public Utilities Ch. 75 SUBDIVISION. ALL COSTS OF CONSTRUCTION SHALL BE BORNE BY THE PROVIDER. (2) (a) ANY TAX, FEE, OR CHARGE IMPOSED BY A POLITICAL SUBDIVISION SHALL BE COMPETITIVELY NEUTRAL AMONG TELECOMMUNICATIONS PROVIDERS. (b) NOTHING IN THIS ARTICLE OR IN ARTICLE 32 OF TITLE 31, C.R.S., SHALL INVALIDATE A TAX OR FEE IMPOSED IF SUCH TAX OR FEE CANNOT LEGALLY BE IMPOSED UPON ANOTHER PROVIDER OR SERVICE BECAUSE OF THE REQUIREMENTS OF STATE OR FEDERAL LAW OR BECAUSE SUCH OTHER PROVIDER IS EXEMPT FROM TAXATION OR LACKS A TAXABLE NEXUS WITH THE POLITICAL SUBDIVISION IMPOSING THE TAX OR FEE. (c) IF A POLITICAL SUBDIVISION IMPOSES A TAX ON A PROVIDER AND SUCH TAX DOES NOT APPLY TO OTHER PROVIDERS OF COMPARABLE TELECOMMUNICATIONS SERVICES DUE TO THE LANGUAGE OF THE ORDINANCE OR RESOLUTION THAT IMPOSES THE TAX, THEN THE GOVERNING BODY OF THE POLITICAL SUBDIVISION SHALL TAKE ONE OF THE FOLLOWING TWO COURSES OF ACTION: (I) IF IT CAN DO SO WITHOUT VIOLATING THE ELECTION REQUIREMENTS OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE GOVERNING BODY SHALL AMEND THE ORDINANCE OR RESOLUTION THAT IMPOSES THE TAX SO AS TO EXTEND THE TAX TO PROVIDERS OF COMPARABLE TELECOMMUNICATIONS SERVICES; OR (II) IF AN ELECTION IS REQUIRED UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE GOVERNING BODY SHALL CAUSE AN ELECTION TO BE HELD IN ACCORDANCE WITH SAID SECTION 20 TO AUTHORIZE THE EXTENSION OF THE TAX TO PROVIDERS OF COMPARABLE TELECOMMUNICATIONS SERVICES. IF THE EXTENSION OF THE TAX IS NOT APPROVED BY THE VOTERS AT SUCH ELECTION, THEN THE EXISTING TAX SHALL NO LONGER APPLY TO THE PROVIDERS THAT HAD BEEN SUBJECT TO THE TAX IMMEDIATELY BEFORE THE ELECTION. (3) TAXES, FEES, AND CHARGES IMPOSED SHALL NOT BE COLLECTED THROUGH THE PROVISION OF IN-KIND SERVICES BY TELECOMMUNICATIONS PROVIDERS, NOR SHALL ANY POLITICAL SUBDIVISION REQUIRE THE PROVISION OF IN-KIND SERVICES AS A CONDITION OF CONSENT TO USE A HIGHWAY. (4) THE TERMS OF ALL AGREEMENTS BETWEEN POLITICAL SUBDIVISIONS AND TELECOMMUNICATIONS PROVIDERS REGARDING USE OF HIGHWAYS SHALL BE MATTERS OF PUBLIC RECORD AND SHALL BE MADE AVAILABLE UPON REQUEST PURSUANT TO ARTICLE 72 OF TITLE 24, C.R.S Pole attachment agreements - limitations on required payments. (1) NO MUNICIPALLY OWNED UTILITY SHALL REQUEST OR RECEIVE FROM A TELECOMMUNICATIONS PROVIDER OR A CABLE TELEVISION PROVIDER AS DEFINED IN SECTION 602(5) OF THE FEDERAL "CABLE POLICY ACT OF 1984", IN EXCHANGE FOR PERMISSION TO ATTACH TELECOMMUNICATIONS DEVICES TO POLES, ANY PAYMENT IN EXCESS OF THE AMOUNT THAT WOULD BE AUTHORIZED IF THE MUNICIPALLY OWNED UTILITY WERE REGULATED PURSUANT TO 47 U.S.C. SEC. 224, AS AMENDED. (2) NO MUNICIPALITY SHALL REQUEST OR RECEIVE FROM A TELECOMMUNICATIONS PROVIDER, IN EXCHANGE FOR OR AS A CONDITION UPON A GRANT OF PERMISSION TO
6 Ch. 75 Public Utilities ATTACH TELECOMMUNICATIONS DEVICES TO POLES, ANY IN-KIND PAYMENT. SECTION , Colorado Revised Statutes, 1982 Repl. Vol., is amended Use of public highways. Any domestic or foreign telegraph, telephone, electric light power, gas, or pipeline company authorized to do business under the laws of this state or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of telegraph, telephone, electric light, wire or power or pipeline along, across, upon, and under any public highway in this state, subject to the provisions of this article. Such lines of telegraph, telephone, electric light, wire or power, or pipeline shall be so constructed and maintained as not to obstruct or hinder the usual travel on such highway. SECTION , Colorado Revised Statutes, 1982 Repl. Vol., is amended Right-of-way across state land. Any domestic or foreign telegraph, telephone, electric light power, gas, or pipeline company authorized to do business under the laws of this state, or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of telegraph, telephone, electric light wire or power or pipeline and obtain permanent right-of-way therefor over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of such compensation and upon compliance with such reasonable conditions as may be required by the state board of land commissioners. SECTION , Colorado Revised Statutes, 1982 Repl. Vol., is amended Power of companies to contract. Such telegraph, telephone, electric light power, gas, or pipeline company, or such city or town shall have power to contract with any person or corporation, the owner of any lands or any franchise, easement, or interest therein over or under which the line of telegraph, telephone, electric light wire power or pipeline is proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of its telegraph, telephone, electric light wires, pipes, poles, regulator stations, substations, or other property and for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation. SECTION (1), Colorado Revised Statutes, 1982 Repl. Vol., is amended Companies, cities, and towns carrying high voltage - crossings - arbitration. (1) Any person, corporation, or city or town seeking to secure a right-of-way for lines of telegraph, telephone, electric light or for the transmission of electric power for any purpose over, under, or across any right-of-way of any other person, corporation, or city or town for such purposes or seeking to erect or construct its lines of wire under or over the lines of wire already constructed by such other person, corporation, or city or town for any such purposes upon, under, along, or across any public highway or upon, under, along, or across any public lands owned
7 Public Utilities Ch. 75 or controlled by the state of Colorado before constructing such lines or wires over, under, or across such rights-of-way or wires of other persons, corporations, or cities or towns, where either of said lines or wires carry a current at an electrical pressure of five thousand volts or more, shall agree with such other persons, corporations, or cities or towns as to the conditions under or upon which such overhead or underneath construction or crossing shall be made, looking to the due protection and safeguard of the wires of the person, corporation, or city or town already having a right-of-way for such wires and looking to the safety of life, health, and property. In case of an inability to agree upon the conditions under or upon which such overhead or underneath crossings shall be made, the person, corporation, or city or town owning and operating or controlling the lines of wires already built or constructed and the person, corporation, or city or town seeking to construct new lines or wires or to make said crossings shall each select a person as an arbitrator, which two persons shall determine said conditions under or upon which such overhead or underneath construction or crossing shall be made. In case of a disagreement in regard thereto by the arbitrators, they shall select a third person to act with them, and the decision made by any two of said arbitrators shall be final and binding upon the person, corporation, or city or town so seeking to make or construct the crossings, who shall construct the crossings in a manner determined by such arbitrators. SECTION , Colorado Revised Statutes, 1982 Repl. Vol., is amended Consent necessary to use of streets. Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any telegraph, telephone, electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets or alleys of any city or incorporated town without first obtaining the consent of the municipal authorities having power to give the consent of such city or incorporated town. SECTION 7. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purpose of this act. SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Approved: April 12, 1996
Chapter 32A TELECOMMUNICATION PROVIDERS 32A.01.00 Purpose The purposes of this ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications
LAFAYETTE TOWNSHIP SUSSEX COUNTY, NEW JERSEY ORDINANCE 2015-12 AN ORDINANCE GRANTING MUNICIPAL CONSENT TO THE ISSUANCE OF A FRANCHISE TO SERVICE ELECTRIC CABLE T.V. OF NEW JERSEY, INC., TO CONSTRUCT, OWN,
Regular Session, 00 SENATE BILL NO. BY SENATOR DUPLESSIS CABLE TELEVISION. Provides for the Consumer Choice Television Act. (gov sig) 0 AN ACT To enact Chapter 0-A of Title of the Louisiana Revised Statutes
Chapter 18 Municipal Cable Television and Public Telecommunications Services Act Part 1 General Provisions 10-18-101 Title -- Policy statement. (1) This chapter is known as the "Municipal Cable Television
Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic
TABLE OF CONTENTS CHAPTER 6 CABLE COMMUNICATIONS SYSTEMS/GAS COMPANY FACILITIES Articles: I. Cable Communications Systems Sec. 6-1 Operation requirements; nonexclusivity of franchise Sec. 6-2 Franchise
CHAPTER 15 CABLE TV FRANCHISE 15.01 Permit Granted 15.02 Prohibited Use of Streets 15.03 Definitions 15.04 Conditions and Restrictions on Operation 15.05 Waiver of Liability 15.06 Transfer of Permit 15.07
Chapter A216 CABLE TELEVISION FRANCHISE A216-1. Definitions. A216-2. Statement of findings. A216-3. Grant of authority. A216-4. Duration of franchise. A216.5. Expiration and subsequent renewal. A216-6.
Chapter 16 CABLE AND TELECOMMUNICATIONS Article I. Cable Ordinance Sec. 16-1. Franchise agreement required. Sec. 16-2. Multichannel video provider. Sec. 16-3. Penalty for violation of this article. Secs.
CHAPTER 15 - TELECOMMUNICATIONS ARTICLE 1 - GENERAL PROVISIONS 37-15-101. Short title; sunset. (a) This chapter shall be known as the "Wyoming Telecommunications Act." (b) This chapter is repealed effective
Chapter 80 CABLE TELEVISION 80-1. Title. 80-10. Compliance with standards. 80-2. Definitions. 80-11. Company liability; 80-3. Franchise required. indemnification. 80-4. Grant of authority. 80-12. Franchise
BILL NO. ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING SECTION 9-235 OF THE FRESNO MUNICIPAL CODE RELATING IMPLEMENTATION OF THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION
Ridgway Municipal Code 14-6-1 Section 14-6 Cable Television System Permits Subsections: 14-6-1 GENERAL PROVISIONS AND DEFINITIONS. 14-6-2 PERMIT REQUIRED: GRANT OF AUTHORITY. 14-6-3 TERM OF PERMIT. 14-6-4
SENATE BILL No. 372 AN ACT relating to sales taxation; concerning the sourcing of mobile telecommunications services; amending K.S.A. 2001 Supp. 79-3603 and repealing the existing section; also repealing
ORDINANCE NO. ADDING SECTION 6-1.34 TO CHAPTER 1, TITLE 6 OF THE HERCULES CITY CODE, WHICH IMPLEMENTS THE PROVISIONS OF THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006, CODIFIED IN CALIFORNIA
Chapter 24 CABLE TELEVISION* Article I. In General Sec. 24-1. Establishment and purpose. Sec. 24-2. Definitions. Sec. 24-3. Franchise required. Sec. 24-4. Franchise contract. Sec. 24-5. Public hearing.
Pipelines & The City Purpose of Discussion Pipeline Authority to Use or Cross City Streets Authorized Activities of City Condemnation What Entities in Texas are Authorized by Law to Operate Gas Pipelines?
50-STATE SURVEY OF RIGHTS-OF-WAY STATUTES 1 The following is a survey of all 50 states and the District of Columbia on key rights-of-way laws. The matrix includes citations to relevant state statutes and
CHAPTER 10 CABLE TELEVISION ARTICLE I - GENERAL REGULATIONS 10-1-1 DEFINITIONS. For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given therein.
Chapter 23 MARSHFIELD CABLE TELEVISION FRANCHISE ORDINANCE Table of Contents Sec. 23-01. General Provisions... 2 Sec. 23-02. Definitions.... 2 Sec. 23-03. Video Service Provider Fee and PEG Channel Monetary
First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Ed DeCecco x1 HOUSE BILL 1- HOUSE SPONSORSHIP Kagan, (None), SENATE SPONSORSHIP House Committees Finance Appropriations
First Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 0-0.01 Dan Cartin SENATE BILL 0- SENATE SPONSORSHIP Hagedorn, Gagliardi, HOUSE SPONSORSHIP Senate Committees State,
Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Jennifer Berman x HOUSE BILL 1- HOUSE SPONSORSHIP Williams and Coram, Becker, Dore, Hamner, McLachlan, Mitsch
APPENDIX Appendix I Cable Television Franchise 21-1 Purpose of the Chapter. The Borough hereby grants to Comcast Cablevision of Monmouth County, Inc. renewal of its non-exclusive Municipal Consent to place
First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Duane Gall x SENATE BILL 1-0 Cooke, Sonnenberg SENATE SPONSORSHIP (None), HOUSE SPONSORSHIP Senate Committees
CHAPTER 111 111.01 Franchise Granted 111.02 Regulatory Power of City 111.01 FRANCHISE GRANTED. MidAmerican Energy Company, a corporation, its successors or assigns are hereby granted and vested with the
CHAPTER 75 PDF p. 1 of 7 CHAPTER 75 (SB 246) AN ACT relating to construction of certain electric transmission lines. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS
Appendix I CABLE TELEVISION FRANCHISE BOROUGH OF FREEHOLD COUNTY OF MONMOUTH NO. 2014/15 ORDINANCE OF THE BOROUGH OF FREEHOLD, COUNTY OF MONMOUTH, NEW JERSEY GRANTING RENEWAL OF MUNICIPAL CONSENT TO COMCAST
NEW MEXICO STATE LAWS N.M. Stat. Ann. 60-13-3(Copy citation) This section is current through the First Session of the Fifty-First Legislature New Mexico Statutes Annotated CHAPTER 60.ARTICLE 13. 60-13-3.
--------- ORDINANCE NO. 171922 \ An ordinance of the City of Los Angeles amending the Los Angeles Municipal Code to impose a Street Damage Restoration Fee. \ THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN
Second Regular Session Seventieth General Assembly STATE OF COLORADO Bill 2 Temporary storage location: S:\LCS\Policy & Research\Committees\Year-Round\Health Benefit Exchange Implementation Review Committee\2015\Bill
ORDINANCE N0. 571 AN ORDINANCE GRANTING A FRANCHISE TO SCIO CABLEVISION, INC., AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY
ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER - REGARDING ACCESS TO UTILITY INFRASTRUCTURE BY COMMUNICATIONS PROVIDERS AND MANAGEMENT OF RIGHT-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
MEMORANDUM City of St. Petersburg, Florida TO : FROM : RE : The Honorable Chair and Members of the City Council Mayor Rick Baker M. A. Galbraith, Jr., Assistant City Attorney E. Eugene Webb, Ph.D., Manager,
CHAPTER 31 COMMUNITY ANTENNA FRANCHISE ORDINANCE TO C-TEC CABLE SYSTEMS OF MICHIGAN, INC. 31.01 SHORT TITLE. This ordinance shall be known as the City of Lapeer Community Antenna Television Franchise Ordinance
CHAPTER 102 AN ACT authorizing the financing of the cost of State capital construction projects, including stem cell research facilities, life sciences research facilities and biomedical research facilities,
Chapter 25 Utah Residential Rehabilitation Act 11-25-1 Short title. This act shall be known and may be cited as the "Utah Residential Rehabilitation Act." 11-25-2 Legislative findings -- Liberal construction.
VIDEO SERVICE PROVIDER RIGHT-OF-WAY MANAGEMENT ORDINANCE ORDINANCE NO. 80 AN ORDINANCE OF HAMBURG TOWNSHIP, MICHIGAN, TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND EXERCISE REASONABLE
PUBLIC SERVICE TAXATION; ELECTRIC SUPPLIERS Be it enacted by the General Assembly of Virginia: 1. That 58.1-2600 and 58.1-2628 of the Code of Virginia are amended and reenacted as follows: 58.1-2600. Definitions.
Senate Bill No. 285 Senator Hardy CHAPTER... AN ACT relating to emergency medical services; revising provisions governing the exemption of certain air ambulances and attendants from the provisions governing
ORDINANCE NUMBER 564 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF COTTONWOOD, YAVAPAI COUNTY, ARIZONA, AMENDING THE MUNICIPAL CODE BY ADDING A NEW SECTION TITLED ADMINISTRATION OF THE INTERNATIONAL
State Law in North Carolina affecting Local Codes & Ordinances Published as a public service by Page 1 of 13 INTRODUCTION State law changes in North Carolina impact many provisions in the ordinance codes
LC00 0 -- S 01 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 0 A N A C T RELATING TO STATE AFFAIRS AND GOVERNMENT - STATE GUIDE PLAN Introduced By: Senators Cote, Picard,
Sunset of Title 37, Chapter 15 of the Wyoming Statutes The Wyoming Telecommunications Act of 1995: The Wyoming Telecommunications Act of 1995, hereinafter referred to as the Act, was enacted by the Wyoming
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. An Act To Amend the Cable Television
CHAPTER 13. MARSHALL MUNICIPAL UTILITIES COMMISSION Section 13.01. Marshall Municipal Utilities Commission. Subd. 1. Commission Generally. There is hereby created the Marshall Municipal Utilities Commission
0 LC 00S/AP House Bill (AS PASSED HOUSE AND SENATE) By: Representatives Scheid of the nd and Byrd of the 0 th A BILL TO BE ENTITLED AN ACT To create the Woodstock Area Convention and Visitors Bureau Authority
PROJECT NO. 32171 RULEMAKING REGARDING THE PUBLIC UTILITY COMMISSION STATE-ISSUED CERTIFICATE OF FRANCHISE AUTHORITY OF TEXAS ORDER ADOPTING NEW CHAPTER 28 AND 28.6 AS APPROVED AT THE MAY 10, 2006 OPEN
ALLEN COUNTY CODE TITLE 8 PUBLIC SAFETY ARTICLE 8 COUNTY EMERGENCY MANAGEMENT AGENCY (EMA) 8-8-1 Chapter 1: Title This Ordinance shall be known and may be cited and referred to as the Emergency Management
BYLAW 11-10 BEING A BYLAW OF THE TOWN OF OKOTOKS IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF REDUCING FALSE ALARMS WHEREAS the Municipal Government Act RSA 2000, M -26 and regulations as amended, provides
Notification of the National Broadcasting and Telecommunications Commission on Characteristics and Categories of Radio and Television Broadcasting Business Pursuant to the Act on Organization to Assign
Chapter 4 VIDEO AND CABLE TELEVISION SERVICE PROVIDERS Sec. 4.100. Sec. 4.200. Sec. 4.300. Sec. 4.400. Sec. 4.500. General Provisions. Definitions. Video Service Provider Fee and Public, Educational, and
LC000 01 -- H 1 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO TOWNS AND CITIES - ZONING ORDINANCES Introduced By: Representatives Morin, Marcello,
Taking Control Over Natural Gas Gathering and Transmission Pipelines and Compressor Stations* 2009 Texas City Attorneys Association Summer Conference South Padre Island, Texas June 11, 2009 Presented by:
Chapter 32 Utah Interlocal Financing Authority Act 11-32-1 Short title. (1) This chapter shall be known as the "Utah Interlocal Financing Authority Act." (2) All bonds issued pursuant to authority of this
STATE OF OKLAHOMA 2nd Session of the 44th Legislature (1994) HOUSE BILL NO. 1984 By: Phillips AS INTRODUCED An Act relating to professions and occupations; amending 59 O.S. 1991, Sections 1002, as amended
AN ACT concerning local government. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Property Tax Code is amended by changing Section 20-25 as follows:
428 Government - State Ch. 128 CHAPTER 128 GOVERNMENT - STATE SENATE BILL 11-062 BY SENATOR(S) Cadman, Lambert, Newell, Schwartz, Williams S.; also REPRESENTATIVE(S) Murray, Fields, Holbert, Kerr J., Labuda,
TOWN OF RAYMOND, MAINE CABLE TELEVISION ORDINANCE Adopted 11/06/2000 Be it ordained by the Town of Raymond, acting by and through its Board of Selectmen acting as its Municipal Officers, that the following
Telephone Consumer Protection Act 47 U.S.C. 227 SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT (a) DEFINITIONS. As used in this section (1) The term automatic telephone dialing
PEDESTRIAN LAWS OF NORTH CAROLINA Under North Carolina law, pedestrians have the right of way at all intersections and driveways. However, pedestrians must act responsibly, using pedestrian signals where
CHAPTER XXIX CABLE TELEVISION FRANCHISE 29-1 SHORT TITLE. This ordinance shall be known and may be cited as the Cablevision of Morris, Franchise Ordinance. (Ord. #03-21 1) 29-2 DEFINITIONS. The purpose
Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO. 1-0.01 Christy Chase x00
INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT WITNESSETH THAT: WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions,
A motion by Kentucky to adopt a rule relating to the Definition of Sales Price Rule 327.7 Sales Price Definition A. The purpose of this section of the sales price definition rule is to clarify which taxes
INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 November 1999 Jeanne Cochran, Legislative Analyst, 651-296-8961 Pat Dalton, Legislative
THE COMPETITIVE CABLE AND VIDEO SERVICES ACT: Increasing Competition and Diminishing Local Authority by Melissa A. Ashburn, Legal Consultant August 2008 Municipal Technical Advisory Service In cooperation
Article 13. Law Enforcement. 160A-281. Policemen appointed. A city is authorized to appoint a chief of police and to employ other police officers who may reside outside the corporate limits of the city
A bill to be entitled Page 1 of 7 An act relating to the City of Tampa, Hillsborough County; amending chapter 29126 (1953), Laws of Florida, relating to Parkland Estates Subdivision; amending the preamble
By: H.J.R. No. A JOINT RESOLUTION proposing a constitutional amendment relating to establishing the Texas Great Classroom Fund as a sequestered fund, funded by an Education Flat Tax, a Reformed Franchise
718 Health Care Policy and Financing Ch. 187 CHAPTER 187 HEALTH CARE POLICY AND FINANCING SENATE BILL 11-210 BY SENATOR(S) Hodge, Steadman, Lambert; also REPRESENTATIVE(S) Ferrandino, Becker, Gerou. AN