§ 45:1364 — Certificate issued by the state; eligibility

Louisiana § 45:1364

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

Text

§1364. Certificate issued by the state; eligibility
A. Any person or entity seeking to provide cable service or video service in this state
after August 15, 2008, shall file an application for a state franchise with the secretary of state
as required by this Section and shall provide a copy of such application simultaneously to
each local governmental subdivision listed in Paragraph (B)(2) of this Section.
B. The secretary of state shall issue a certificate authorizing the applicant to offer
cable service or video service in this state within thirty days of receipt of an application,
which shall consist of an affidavit submitted by the applicant and signed by an officer or
general partner of the applicant affirming all of the following items:
(1) The applicant agrees to comply with all applicable federal and state laws and
regulations.
(2) A list of municipalities and parishes to be served, in whole or part, by the
applicant, which list shall be updated by the applicant prior to the provision of cable service
or video service to an area within a previously undesignated local governmental subdivision.
(3) The location of the principal place of business and the names of the principal
executive officers of the applicant.
(4) The applicant agrees to maintain insurance in an amount not less than one million
dollars either through a policy of public liability insurance or through self-insurance.
C. The certificate issued by the secretary of state shall be effective thirty days after
issuance and shall contain all of the following:
(1) A grant of authority to provide cable service or video service as requested in the
application.
(2)(a) A grant of authority to construct facilities along and over the public roads or
public works or public rights of way and along and parallel to any of the railroads and waters
in the state whether owned, maintained, or provided by a local governmental subdivision or
the state in the delivery of that service, subject to the laws of this state, including the lawful
exercise of police powers of the local governmental subdivisions in which the service is
delivered.
(b) With respect to any area that is privately owned, the grant in this Chapter
provides the holder of a state-issued certificate of franchise authority with the same, but no
greater, rights for the placement of facilities pursuant to this Chapter as those rights currently
existing pursuant to Louisiana Revised Statutes for the placement of facilities for any
company formed for the purpose of transmitting intelligence by telephone or telegraph or
other system of transmitting intelligence.
(3) A statement that the franchise is for a term of fifteen years, is renewable, and is
nonexclusive.
D. The certificate issued by the secretary of state is fully transferable to any successor
in interest to the applicant to which it is initially granted. A notice of transfer shall be
promptly filed with the secretary of state within ten days of the completion of the transfer.
E.(1) The certificate issued pursuant to this Chapter may be terminated by the cable
service provider or video service provider by submitting written notice of the termination to
the secretary of state.
(2) A cable service provider that elects to terminate a certificate pursuant to this
Section shall notify its customers of the end of service in writing and through announcements
on the cable system at least thirty days before termination of the certificate is effective, if the
effective date of termination is within the cable service provider's control.
F. A holder of a certificate who seeks to amend its current certificate to include
additional areas to be served shall file an amended application which reflects the new service
area to be served and shall provide a copy of such amended application simultaneously to any
affected local governmental subdivision within the new service area.
G. The failure of the secretary of state to notify the applicant of the incompleteness
of the applicant's affidavit or issue a certificate before the thirtieth day after receipt of a
completed affidavit shall constitute issuance of the certificate applied for without further
action on behalf of the applicant.
H. A cable service provider is deemed to have or have had a franchise to provide
cable service in a specific local governmental subdivision on August 15, 2008, if any
predecessor of the cable service provider had a cable franchise agreement granted by that
specific local governmental subdivision on that date.
I. Notwithstanding any other provision of law to the contrary, the secretary of state
shall have no regulatory authority over any cable service provider or video service provider.

Legislative History

Acts 2008, No. 433, §1; Acts 2024, No. 374, §1.