This text of Iowa § 477A.2 (Certificate of franchise authority requirement) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.After July 1, 2007, a person providing cable or video service in this state shall not
provide such service without a franchise. The franchise may be issued by either the
commission pursuant to section 477A.3 or by a municipality pursuant to section 364.2.
2.
a.A person providing cable or video service under a franchise agreement with
a municipality prior to July 1, 2007, is not subject to this section with respect to such
municipality until the franchise agreement expires or is converted pursuant to subsection 6.
b.Upon expiration of a franchise, a person may choose to renegotiate a franchise
agreement with a municipality or may choose to obtain a certificate of franchise authority
under this chapter. An application for a certificate of franchise authority pursuant to this
subsection
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1. After July 1, 2007, a person providing cable or video service in this state shall not
provide such service without a franchise. The franchise may be issued by either the
commission pursuant to section 477A.3 or by a municipality pursuant to section 364.2.
2. a. A person providing cable or video service under a franchise agreement with
a municipality prior to July 1, 2007, is not subject to this section with respect to such
municipality until the franchise agreement expires or is converted pursuant to subsection 6.
b. Upon expiration of a franchise, a person may choose to renegotiate a franchise
agreement with a municipality or may choose to obtain a certificate of franchise authority
under this chapter. An application for a certificate of franchise authority pursuant to this
subsection may be filed within sixty days prior to the expiration of a municipal franchise
agreement. A certificate of franchise authority obtained pursuant to an application filed prior
to the expiration of a municipal franchise agreement shall take effect upon the expiration
date of the municipal franchise agreement.
c. A municipal utility that provides cable or video service in this state is not subject to
this section and shall not be required to obtain a certificate of franchise authority pursuant
to this chapter in the municipality in which the provision of cable or video service by that
municipality was originally approved.
3. Forpurposesofthissection, apersonprovidingcableorvideoserviceisdeemedtohave
executed a franchise agreement to provide cable or video service with a specific municipality
ifanaffiliateorpredecessorofthepersonprovidingcableorvideoservicehasorhadexecuted
an unexpired franchise agreement with that municipality as of May 29, 2007.
4. A competitive cable or video service provider shall provide at least thirty days’ notice to
eachmunicipalitywithauthoritytograntafranchiseintheservicearea, andtotheincumbent
cable or video provider, in which the competitive cable or video service provider is granted
authority to provide service under a certificate of franchise authority that the competitive
cable or video service provider will offer cable or video services within the jurisdiction of the
municipality, and shall not provide service without having provided such thirty days’ notice.
A copy of the notice shall be filed with the commission on the date that the notice is provided.
All notices required by this subsection shall be sent by certified mail.
5. As used in this section, “affiliate” includes but is not limited to a person that directly, or
indirectly through one or more intermediaries, controls, is controlled by, or is under common
control with a person receiving, obtaining, or operating under a franchise agreement
with a municipality to provide cable or video service through merger, sale, assignment,
restructuring, or any other type of transaction.
§477A.2, CABLE OR VIDEO SERVICE FRANCHISES 4
6. If a competitive cable or video service provider applies for a certificate of franchise
authority to operate within a municipality, the incumbent cable provider may, at its
discretion, apply for a certificate of franchise authority for that same municipality. Such
application shall be automatically granted on the same day as a competitive cable or
video service provider files a thirty days’ notice of offering service as required pursuant to
subsection 4. The franchise agreement with the municipality is terminated on the date the
commission issues the certificate of franchise authority to an incumbent cable provider. The
terms and conditions of the certificate of franchise authority shall be the same as the terms
and conditions of a competitive cable or video service provider pursuant to this chapter and
shall replace the terms and conditions of the franchise agreement previously granted by the
municipality.