Business & Corporate, Zoning & Public Sector
On June 25, 2007, Governor Strickland signed Senate Bill 117, which created a new state-issued video-authorization process to replace the local franchise process. Prior to the effective date of the law, a company that intended to provide video service had to obtain a local video service franchise from each municipality or township.
Municipal corporations and townships had the authority, pursuant to federal cable law (47 U.S.C. §§521-615(b)) that empowers governmental “franchising authorities” and to state law (respectively, Section 3, Article XVIII, Ohio Constitution; and R.C. 505.90 to 505.92(repealed by Senate Bill 117) that empowers municipal corporations and townships to authorize service within their jurisdictions.
Under the law signed by Governor Strickland, video-service providers may apply for a state-issued authorization known as a “Video Service Authorization” (VSA) from the Director of Commerce at the Ohio Department of Commerce which is the new statewide franchising authority. Am. Sub. S.B. 117 (Effective Date – September 24, 2007) allows existing municipal and township franchises and competitive video service agreements to continue until their scheduled expiration; prohibits the renewal or extension of those franchises or agreements; and allows a person to apply for a VSA when its current franchise or agreement expires or (1) after another person provides or sells video service in the incumbent’s area, (2) after the incumbent receives notice that a Video Service Provider (VSP) will begin to provide or sell service in that area, or (3) after the FCC determines under federal law (47 C.F.R. 76.907) that the incumbent is subject to effective competition in the area as defined in that law (47 C.F.R. 905(b)).
For complete analysis of the bill, please click here.
Please contact Rayan Coutinho at rfcoutinho@woodlamping.com for complete details about the legal services offered by Wood & Lamping LLP.
admin @ January 4, 2008
