§ 9-1403 — Limited application

This chapter does not:

1. Prevent a telecommunications provider from exercising any rights or authority that the telecommunications provider has as a public utility under federal or state law.

2. Affect any authority of a local government, an agricultural improvement district, any special taxing district or any other person that controls utility poles on the highways to deny, limit, restrict or determine the rates, terms and conditions for the use of or attachment by a video service provider to utility or other poles owned by the local government or other person. For the purposes of this paragraph, "authority of a local government" includes police powers.

3. Vest in the corporation commission any authority or jurisdiction over video service, video service providers or video service networks or over the rates, terms and conditions of pole attachments under 47 United States Code section 224.

4. Affect or preempt any generally applicable local laws, including a local government's police power, to manage the use and occupancy of the highways within the local government's boundaries or to exercise the local government's police powers if the local government applies the local laws and the exercise of police powers to all users of the highways in a nondiscriminatory manner.