§ 8-1-34-29 — Institutional network capacity; video service to public buildings; provision under terms of local franchise; continuation of services after December 31, 2008, or expiration of franchise; apportionment of costs

(a) This section applies to a provider that
holds a local franchise to provide video service in a unit at any time
before July 1, 2009, regardless of whether:
(1) the provider elects:
(A) under section 21(b)(1) of this chapter, to continue
providing video service under the local franchise; or
(B) under section 21(b)(2) of this chapter, to terminate the local
franchise and provide video service in the unit under a
certificate issued under this chapter;
if the local franchise is in effect on June 30, 2009; or
(2) the provider will provide video service in the unit under a
certificate issued under this chapter, if the local franchise expires
before July 1, 2009.
(b) As used in this section, "local franchise" refers to:
(1) the existing local franchise, if subsection (a)(1)(A) applies;
(2) the terminated local franchise, if subsection (a)(1)(B) applies;
or
(3) the most recent local franchise held by the provider in the unit,
if subsection (a)(2) applies.
(c) A holder to which this section applies shall continue to provide
the following services under the terms of the local franchise until
January 1, 2009, or until the local franchise will expire or would have
expired, whichever is later:
(1) Institutional network capacity, however defined or referenced
in the local franchise, but generally including private line data
network capacity for use by the unit for noncommercial purposes.
Institutional network capacity provided under this subdivision
shall continue to be provided at the same capacity as required
under the terms of the local franchise.
(2) Video service to community public buildings, such as
municipal buildings and public schools, however defined or
referenced in the local franchise, but generally including cable
drop connections to the buildings and a particular tier of video
service provided to the buildings. Video service provided under
this subdivision shall continue to be provided to the same extent
as required under the terms of the local franchise.
Beginning January 1, 2009, or upon the date on which the local
franchise will expire or would have expired, whichever is later, a
provider that provides services under this subsection shall continue to
provide the services under this subsection if the unit requests that the
services continue after December 31, 2008, or after the date the local
franchise will expire or would have expired, whichever is later.
(d) This subsection applies to services described in subsection (c)
that are provided after December 31, 2008, or after the date the local
franchise will expire or would have expired, whichever is later. The
incremental costs of the services shall be apportioned among all
holders of a franchise to provide video service within the unit. The
amount of the incremental costs borne by a particular holder is equal
to the total cost of providing the services multiplied by a fraction
calculated as follows:
(1) The numerator of the fraction equals the number of
subscribers to whom the holder provides video service in the unit.
(2) The denominator of the fraction equals the total number of
subscribers to whom all holders provide video service in the unit.

Legislative History

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