§ 477A.1 — Definitions

Iowa § 477A.1

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 477A: CABLE OR VIDEO SERVICE FRANCHISES

Text

As used in this chapter, unless the context otherwise requires:
1. “Cable operator” means the same as defined in 47 U.S.C. §522.
2. “Cable or video service” includes the terms “cable service”, “cable system”, and “video
service”.
3. “Cable service” means the same as defined in 47 U.S.C. §522.
4. “Cable system” means the same as defined in 47 U.S.C. §522.
5. “Commission” means the utilities commission.
6. “Competitive cable or video service provider” includes the terms “competitive cable
service provider” and “competitive video service providers”.
7. “Competitive cable service provider” means a person who provides cable service over
a cable system in an area other than the incumbent cable provider providing service in the
same area.
8. “Competitive video service provider” means a person who provides video service other
than a cable operator.
9. “Franchise” means an initial authorization, or renewal of an authorization, issued by
the commission or a municipality, regardless of whether the authorization is designated as
a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that
authorizes the person to erect, maintain, and operate plants and systems for the provision of
a cable or video service provider’s network in a public right-of-way.
10. “Franchise fee” means the fee imposed under section 477A.7.
11. a. “Gross revenues” means all consideration of any kind or nature, including but not
limited to cash, credits, property, and in-kind contributions, received from subscribers for the
provision of cable or video service by a competitive cable or video service provider within a
municipality’s jurisdiction. Gross revenues are limited to the following:
(1) Recurring charges for cable or video service.
(2) Event-based charges for cable or video service, including but not limited to
pay-per-view and video-on-demand charges.
(3) Rental of set-top boxes and other cable or video service equipment.
(4) Service charges related to the provision of cable or video service, including but not
limited to activation, installation, and repair charges.
(5) Administrative charges related to the provision of cable or video service, including but
not limited to service order and service termination charges.
(6) A pro rata portion of all revenue derived, less refunds, rebates, or discounts, by a
cable or video service provider for advertising over the cable or video service network to
subscribers within the franchise area where the numerator is the number of subscribers
within the franchise area, and the denominator is the total number of subscribers reached
by such advertising. This subparagraph applies only to municipalities that include this
provision in their franchise agreements as of January 1, 2007.
b. “Gross revenues” does not include any of the following:
(1) Revenues not actually received, even if billed, including bad debt.
§477A.1, CABLE OR VIDEO SERVICE FRANCHISES 2
(2) Revenuesreceivedbyanyaffiliateoranyotherpersoninexchangeforsupplyinggoods
or services used by the person providing cable or video service.
(3) Refunds, rebates, or discounts made to third parties, including subscribers, leased
access providers, advertisers, or any municipality or other unit of local government.
(4) Regardless of whether the services are bundled, packaged, or functionally integrated
with cable or video service, any revenues derived by the holder of a certificate of franchise
authority from services not classified as cable or video service, including, without limitation,
revenue received from telecommunications services, revenue received from information
services, revenue received in connection with home-shopping services, or any other revenues
attributed by the competitive cable or video service provider to noncable or nonvideo service
in accordance with the holder’s books and records kept in the regular course of business
and any applicable rules, regulations, standards, or orders.
(5) Revenues paid by subscribers to home-shopping programmers directly from the sale
of merchandise through any home-shopping channel offered as part of the cable or video
services.
(6) Revenues from the sale of cable or video services for resale in which the purchaser is
required to collect the franchise fee from the purchaser’s customer.
(7) Revenues from any tax of general applicability imposed upon the competitive cable or
video service provider or upon subscribers by a city, state, federal, or any other governmental
entity and required to be collected by the competitive cable or video service provider and
remitted to the taxing entity, including but not limited to sales or use tax, gross receipts tax,
excise tax, utility users tax, public service tax, and communication taxes, and including the
franchise fee imposed under section 477A.7.
(8) Revenues forgone from the provision of cable or video services to public institutions,
public schools, or governmental entities at no charge.
(9) Revenues forgone from the competitive cable or video service provider’s provision
of free or reduced-cost video service to any person, including, without limitation, any
municipality and other public institutions or other institutions.
(10) Revenues from sales of capital assets or sales of surplus equipment.
(11) Revenues from reimbursements by programmers of marketing costs incurred by
the competitive cable or video service provider for the introduction or promotion of new
programming.
(12) Directory or internet advertising revenues including but not limited to yellow page,
white page, banner advertisement, and electronic publishing.
(13) Copyright fees paid to the United States copyright office.
(14) Late payment charges.
(15) Maintenance charges.
12. “Incumbent cable provider” means the cable operator serving the largest number of
cable subscribers in a particular franchise service area on January 1, 2007.
13. “Institutional network” means the system of dedicated fibers, coaxial cables, or wires
constructed and maintained by an incumbent cable provider which is reserved and dedicated
by the municipality for noncommercial purposes.
14. “Municipality” means a city.
15. “Percentage of gross revenues” means the percentage set by the municipality and
identified in a written request made under section 477A.7, subsection 1, which shall be not
greater than five percent. However, if the incumbent cable provider is a municipal utility
providing telecommunications services under section 388.10, “percentage of gross revenues”
means the percentage set by the municipality and identified in a written request made under
section 477A.7, subsection 1, which shall not be greater than an equitable apportionment
of the services and fees that the municipal utility pays to the municipality, or five percent,
whichever is less.
16. “Public right-of-way” means the area on, below, or above a public roadway, highway,
street, bridge, cartway, bicycle lane, or public sidewalk in which the municipality has an
interest, including other dedicated rights-of-way for travel purposes and utility easements.
“Public right-of-way” does not include the airwaves above a public right-of-way with regard
3 CABLE OR VIDEO SERVICE FRANCHISES, §477A.2
to cellular or other nonwire telecommunications or broadcast services or utility poles owned
by a municipality or a municipal utility.
17. “Video programming” means the same as defined in 47 U.S.C. §522.
18. “Video service” means video programming services provided by a competitive video
serviceproviderthroughwirelinefacilitiesowned, controlled, constructed, oroperatedbythe
provider of such video service and located at least in part in the public right-of-way without
regard to delivery technology, including internet protocol technology. “Video service” does
not include any of the following:
a. Video programming provided by a provider of commercial mobile service as defined in
47 U.S.C. §332.
b. Cable service provided by an incumbent cable provider or a competitive cable service
provider.
c. Video programming provided by a provider of direct-to-home satellite services as
defined in 47 U.S.C. §303(v) and that are transmitted from a satellite directly to a customer’s
premises without using or accessing any portion of the public right-of-way.
d. Any video programming accessed via a service that enables users to access content,
information, electronic mail, or other services offered over the internet, including digital
audio-visual works.