§ 45:1363 — Definitions

Louisiana § 45:1363

• Jurisdiction: Louisiana
• Title 45: Public Utilities and Carriers

Text

§1363. Definitions
As used in this Chapter, the following terms have the following meanings:
(1) "Cable service" means the one-way transmission to subscribers of video
programming or other programming service and any subscriber interaction required for the
selection or use of video programming or other programming service. "Cable service" shall
not include any video programming provided by a commercial mobile service provider or
video programming accessed via a service that enables users to access content, information,
email, or other services offered over the internet, including streaming content.
(2) "Cable service provider" means any person or entity that provides cable service
over a cable system and directly or through one or more affiliates owns a significant interest
in such cable system, or who otherwise controls or is responsible for, through any
arrangement, the management and operation of such system.
(3) "Cable system" means a facility consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment that is designed to provide
cable service which includes video programming and which is provided to multiple
subscribers within a community but does not include the following facilities or systems:
(a) A facility that serves only to retransmit the television signals of one or more
television broadcast stations.
(b) A facility that serves subscribers without using any public right of way.
(c) A facility of a common carrier which is subject, in whole or in part, to common
carrier regulation, except that such facility shall be considered a cable system to the extent
the facility is used in the transmission of video programming directly to subscribers, unless
the extent of such use is solely to provide interactive on-demand services.
(d) An open video system to the extent the system is deemed under federal law not
to be a cable system.
(e) Any facilities of an electric utility used solely for operating its electric system.
(4) "Certificate" means the certificate of franchise authority issued by the secretary
of state to a person or entity to provide cable service or video service in this state.
(5) "Commercial mobile service provider" means an interconnected radio
communication service carried on between mobile stations or receivers and land stations, and
by mobile stations communicating among themselves, provided for profit and to the public
or to a substantial portion of the public.
(6) "Franchise" means an initial authorization, or renewal of an authorization, issued
by a franchising authority regardless of whether the authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the
construction and operation of a cable system, or other wireline facilities used to distribute
video programming services, in the public rights of way.
(7) "Franchise authority" means any governmental entity empowered by federal,
state, or local law to grant a franchise for cable service or video service.
(8) "Gross revenues" means all revenues received from subscribers for the provision
of cable service or video service, including franchise fees and all revenues received from
non-subscribers for advertising disseminated through cable service or video service and
home shopping services. Gross revenues shall not include all of the following items:
(a) Amounts billed and collected from subscribers to recover any tax, surcharge, or
governmental fee.
(b) Any revenue not actually received, even if billed, such as bad debt.
(c) Any revenue received by any affiliate or any other person in exchange for
supplying goods or services to the cable service provider or video service provider.
(d) Any amounts attributable to refunds, rebates, or discounts.
(e) Any revenues from late fees, returned check fees, or interest.
(f) Any revenues from sales or rental of property, except such property the subscriber
is required to buy or rent exclusively from the cable service provider or video service
provider to receive cable service or video service.
(g) Any revenues from services provided over the cable system or other wireline
facilities used to distribute video programming services that are not classified as cable
services or video services including without limitation revenue received from
telecommunications services, information services but not excluding cable services or video
services, Internet access services, and directory or Internet advertising revenues, including
but not limited to yellow pages, white pages, banner advertisements, and electronic
publishing advertising. Where the sale of any non-cable service or non-video service is
bundled with the sale of one or more cable services or video services and sold for a single
non itemized price, the term "gross revenues" shall include only those revenues that are
attributable to cable services or video services based on the provider's books and records.
(h) Any revenues from sales for resale with respect to which the purchaser is required
to pay a franchise fee, provided the purchaser certifies in writing that it will resell the service
and pay a franchise fee with respect thereto.
(i) Any amounts attributable to a reimbursement of costs, including but not limited
to the reimbursements by programmers of marketing costs incurred for the promotion or
introduction of video programming.
(j) Any revenues from providing or maintaining inside wiring.
(9) "Incumbent service provider" means any cable service provider or video service
provider providing cable service or video service in a particular municipality or
unincorporated area of a parish on August 15, 2008.
(10) "Local governmental subdivision" means any parish or municipality.
(11) "Predecessor" shall include but not be limited to any entity 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 municipal or parish cable
franchise through merger, sale, assignment, restructuring, or any other type of transaction.
(12) "Public right of way" means the area on, below, or above a public roadway,
highway, street, public sidewalk, alley, or waterway.
(13) "Video programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
(14) "Video service" means video programming services provided by a video service
provider through wireline facilities located at least in part in the public rights of way without
regard to delivery technology, including internet protocol technology. "Video service" shall
not include any of the following:
(a) Video programming provided by a commercial mobile service provider as
defined in this Section.
(b) Direct-to-home satellite services as defined in 47 U.S.C. 303(v).
(c) Video programming accessed via a service that enables users to access content,
information, email, or other services offered over the internet, including streaming content.
(15) "Video service provider" means any entity providing video service. "Video
service provider" shall not include a cable service provider or any affiliate, successor, or
assign of a cable service provider operating under a franchise agreement with a local
governmental subdivision in this state on August 15, 2008.

Legislative History

Acts 2008, No. 433, §1; Acts 2022, No. 164, §1, eff. May 26, 2022.