§ 477A.3 — Application requirements — certificate of franchise authority

Iowa § 477A.3

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

Text

1. Thecommissionshallissueacertificateoffranchiseauthorityunderthischapterwithin
thirty calendar days after receipt of a completed application and affidavit submitted by the
applicant and signed by an officer or general partner of the applicant, subject to subsection
3. The application and affidavit shall provide all of the following information:
a. That the applicant has filed or will timely file with the federal communications
commission all forms required by the federal communications commission in advance of
offering cable or video service in this state.
b. That the applicant agrees to comply with all applicable federal and state statutes,
regulations, and rules.
c. That the applicant agrees to comply with all applicable state laws and
nondiscriminatory municipal ordinances and regulations regarding the use and occupation
of a public right-of-way in the delivery of the cable or video service, to the extent consistent
with this chapter, including the police powers of the municipalities in which the service
is delivered.
d. A description of the service area to be served and the municipalities to be served
by the applicant, which may include certain designations of unincorporated areas. This
description shall be updated by the applicant prior to the expansion of cable or video service
to a previously undesignated service area and, upon such expansion, notice shall be given to
the commission of the service area to be served by the applicant.
e. The address of the applicant’s principal place of business and the names of the
applicant’s principal executive officers.
f. Documentation that the applicant possesses sufficient managerial, technical, and
financial capability to provide the cable or video service proposed in the service area.
g. A schedule of dates by which the applicant intends to commence operation in each
municipality proposed to be served within the service area. This schedule shall be timely
updated by the applicant as necessary to maintain accuracy.
2. Inadditiontothenoticerequirementsinsection477A.2,subsection4,anapplicantshall
provide notice to each municipality with authority to grant a franchise in the service area on
the date that the application is submitted that the applicant has submitted an application to
the commission pursuant to subsection 1.
3. a. The commission shall not issue a certificate of franchise authority to an applicant
unless the commission finds that all of the requirements specified in subsection 1 have been
met.
b. Thecommissionmaytakeuptoanadditionalsixtycalendardays,beyondthethirty-day
period for issuance of a certificate of franchise authority specified in subsection 1, if the
commission determines that additional information will be required to make a determination
regarding whether the requirements specified in subsection 1, paragraphs “f” and “g”, have
been met, and that the determination cannot be made within the thirty-day period.
c. The commission may assess its costs associated with an application or a certificate
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of franchise authority pursuant to the assessment authority contained in section 476.10,
subsection 1, paragraph “a”.
4. The failure of the commission to notify the applicant of the completeness of the
applicant’s affidavit or issue a certificate of franchise authority before the ninetieth calendar
day after receipt of a completed affidavit shall constitute issuance of the certificate of
franchise authority applied for by the applicant without further action by the applicant.
5. The certificate of franchise authority issued by the commission shall contain all of the
following:
a. A grant of authority to provide cable or video service in the service area designated in
the application.
b. A grant of authority to use and occupy the public right-of-way for the purpose of
erecting, maintaining, and operating plants and systems for the provision of cable or video
service, subject to the laws of this state, including the police powers of the municipalities in
which the service is delivered.
c. Astatementthatthegrantofauthorityprovidedbythecertificateissubjecttothelawful
operation of the cable or video service by the applicant or the applicant’s successor.
d. A statement that the franchise is for a term of twenty-five years, is renewable under the
terms of this section, and is nonexclusive.
6. a. If the holder of a certificate of franchise authority fails to commence operation of a
cable or video service network within twelve months from the date the application is granted,
the commission may determine that the applicant is not in compliance with the certificate of
franchise authority and may revoke the certificate.
b. If a certificate is revoked pursuant to this subsection, and if the franchise agreement
previously in effect between an incumbent cable provider and the municipality would have
remained in effect for at least a sixty-day period prior to expiration, the previous franchise
agreement shall be reinstated for the remaining duration of the previous agreement. The
incumbentcableprovidershallcomplywiththetermsofthepriorfranchiseagreementwithin
ninety days of notification by the commission. This paragraph is applicable to an incumbent
cableproviderwhohasnotbeenissuedacertificateoffranchiseauthoritypursuanttosection
477A.2, subsection 6, as of April 12, 2010.
7. a. In the event that an applicant granted a certificate of franchise authority
subsequently ceases to engage in construction or operation of a cable or video service
network and is no longer providing service, the applicant shall notify the municipality, the
commission, and the incumbent cable provider on the date that construction or service is
terminated.
b. If the franchise agreement previously in effect between an incumbent cable provider
and the municipality would have remained in effect for at least a sixty-day period prior to
expiration, the previous franchise agreement shall be reinstated for the remaining duration
of the previous agreement. The incumbent cable provider shall comply with the terms of the
prior franchise agreement within ninety days of notification by the applicant. This paragraph
isapplicabletoanincumbentcableproviderwhohasnotbeenissuedacertificateoffranchise
authority pursuant to section 477A.2, subsection 6, as of April 12, 2010.
8. A certificate of franchise authority issued by the commission is fully transferable to any
successor of the applicant to which the certificate was initially issued. A notice of transfer
shall be filed by the holder of the certificate of franchise authority with the commission and
the affected municipality and shall be effective fourteen business days after submission. The
notice of transfer shall include the address of the successor’s principal place of business and
the names of the successor’s principal executive officers. The successor shall assume all
regulatory rights and responsibilities of the holder of the certificate. Neither the commission
nor an affected municipality shall have authority to review or require approval of such
transfer.
9. The certificate of franchise authority issued by the commission may be terminated by a
person providing cable or video service by submitting written notice to the commission and
any affected municipality. Neither the commission nor an affected municipality shall have
authority to review or require approval of such termination.
10. The commission shall only have the authorization to issue a certificate of franchise
§477A.3, CABLE OR VIDEO SERVICE FRANCHISES 6
authority as provided in this section, and shall not impose any additional requirements or
regulations upon an applicant.