Bill Summary – FastDemocracy

                              STATE OF OKLAHOMA
               1st Session of the 59th Legislature (2023)
  HOUSE BILL 1599                         By: Martinez
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                                 AS INTRODUCED
         An Act relating to municipalities; amending 11 O.S.
            2021, Section 22-107.1, which relates to regulation
         of video services systems; modifying definition; and
            providing an effective date.
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 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
     SECTION 1.     AMENDATORY        11 O.S. 2021, Section 22-107.1, is
 amended to read as follows:
     Section 22-107.1   A.   A municipality may by ordinance or
 otherwise grant a certificate, license, permit or franchise for the
 operation of a video services system, unless such authority is
 already provided for by law.    Any certificate, license, permit or
 franchise granted pursuant to this section shall constitute a
 bargained contract between the municipality and the video services
 provider and shall provide for a consideration payment to the
 municipality as rental for the privileges granted to the provider to
 use the public ways and grounds within the municipality in
 furtherance of its video services business.     The rental payment
 shall be set at the amount bargained between the municipality and
  the video services provider but shall not exceed five percent (5%)
  of the annual gross revenues derived by the video services provider
  from the provision of video services within the municipality.     Any
  certificate, license, permit or franchise issued by the governing
  body shall be nonexclusive and shall not exceed a period of twenty-
  five (25) years and may be revocable by the governing body if said
  body determines that the holder of the certificate, license, permit
  or franchise has willfully failed or neglected to perform duties
  pursuant to the terms of the grant of the certificate, license,
 permit or franchise.   Nothing herein shall limit the authority of a
 municipality to comply with state or federal law.
     B.   In the event a municipality grants an overlapping
 certificate, license, permit or franchise for video services within
 its jurisdiction on terms or conditions more favorable or less
 burdensome than those in any existing certificate, license, permit
 or franchise within the municipality the holder of the existing
 certificate, license, permit or franchise shall be entitled, upon
 written notice to the municipality, to adopt the terms in the
 overlapping certificate, license, permit or franchise that are more
 favorable or less burdensome than those in the existing certificate,
 license, permit or franchise and the adopted terms shall become
 enforceable by the municipality.
     C.   In addition to any other authority granted to municipalities
 by this section or other applicable law, a municipality may also
  adopt an ordinance regulating a video services system pursuant to
  its police power.   No municipal provisions regulating a video
  services system may be adopted which are inconsistent with either
  state or federal law or with the terms and conditions of the
  certificate, license, permit or franchise bargained by the
  municipality and the video services provider.
     D.   In awarding or renewing a certificate, license, permit or
  franchise for video services, a municipality may require adequate
  assurance that the video services system provider will provide
 adequate public, educational, and governmental access channel
 capacity, facilities or financial support.   A video services system
 provider may, at its sole option, provide a "family friendly" tier
 of video services in lieu of channel capacity, facilities, or
 financial support for public access as a condition of any
 certificate, license, permit or franchise for video services or
 renewal thereof.    Nothing herein shall affect any channel capacity,
 facilities, or financial support for educational or governmental
 access contained in any certificate, license, permit or franchise
 for video services or renewal thereof.
    E.   A "family friendly" tier of services is a group of channels,
 offered to customers pursuant to Federal Communications Commission
 (FCC) regulations, that primarily contains programming with a
 television viewing rating of TV-Y, TV-Y7 or TV-G.
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      F.   "Video services" means video programming, including cable
  services, provided through wireline facilities located at least in
  part in the public rights-of-way without regard to the delivery
  technology, including Internet protocol technology.   "Video
  services" shall not include video programming provided by a:
      1.   By a commercial mobile service provider as defined in 47
  U.S.C., Section 332(d);
      2.   By a provider of direct broadcast satellite service as
  defined in 47 U.S.C., Section 335(b)(5)(A);
     3.   By a provider of digital audiovisual works delivered over
 the Internet, including streaming content; or provided solely
     4.   Solely as part of and via a service that enables users to
 access content, information, electronic mail, messaging and other
 services offered over the public Internet.
     SECTION 2.   This act shall become effective November 1, 2023.
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     59-1-5314      MJ      11/21/22
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