§ 8-1-34-21 — Election to operate under local franchise; termination of local franchise; notice; outstanding and prepaid franchise fees

(a) For purposes of this section, a provider is
considered to be a holder of a local franchise on June 30, 2006, if:
(1) the provider; or
(2) any affiliate or successor entity of the provider;
holds a local franchise to provide video service in a unit on June 30,
2006.
(b) After June 30, 2006, a provider that is the holder of a local
franchise on June 30, 2006, regardless of whether the provider is the
incumbent provider in the local franchise service area, may elect to:
(1) continue providing video service under the local franchise
until the local franchise expires; or
(2) subject to section 22 of this chapter, terminate the local
franchise and apply to the commission for a certificate under this
chapter.
(c) A provider that elects to terminate a local franchise under
subsection (b) must provide written notice of the provider's election to:
(1) the commission; and
(2) the affected unit;
not later than November 1, 2006. The local franchise is terminated on
the date the commission issues a certificate to the provider under this
chapter.
(d) Not later than ninety (90) days after a local franchise is
terminated under subsection (c), the provider that terminated the local
franchise shall remit to the affected unit any accrued but unpaid
franchise fees due under the local franchise. If the provider has credit
remaining from any prepaid franchise fees, the provider may deduct the
amount of the credit from any future fees or taxes owed to the affected
unit.

Legislative History

As added by P.L.27-2006, SEC.58.