§ 45:1365 — State franchise; effect on existing local franchise agreement

§1365. State franchise; effect on existing local franchise agreement
A. Any incumbent service provider providing cable service or video service in this
state on August 15, 2008, under a franchise previously granted by a local governmental
subdivision is not subject to nor may it avail itself of the state-issued certificate of franchise
authority provisions of this Chapter with respect to that local governmental subdivision until
such franchise expires or as provided in this Section. Notwithstanding any other provision
of law to the contrary, any such cable service provider or video service provider may offer
cable service or video service under a state-issued certificate of franchise authority in
accordance with the provisions of this Chapter upon meeting one of the following
circumstances:
(1) Offering service in local governmental subdivisions where it currently does not
have an existing franchise.
(2) The filing of a statement of termination in the form of an affidavit with the
secretary of state setting forth a mutually agreed upon date to terminate the existing franchise
set by both the local governmental subdivision issuing the existing franchise and the
incumbent service provider subject to the existing franchise.
(3) The expiration, prior to renewal or extension, of its existing franchise.
(4) Termination of its existing franchise, as provided in Subsection B of this Section.
B. Any incumbent service provider shall have the option to terminate an existing
franchise previously issued by a local governmental subdivision and may instead offer cable
service or video service in such local governmental subdivision under a certificate of state
franchise issued by the secretary of state in accordance with the provisions of R.S. 45:1364,
provided that the following requirements are satisfied by any such incumbent service
provider:
(1)(a) An incumbent service provider exercising its termination option shall file a
statement of termination with the secretary of state in the form of an affidavit containing the
information required by R.S. 45:1364(B) and submit copies of such filing with any affected
local governmental subdivision. Termination of existing franchises is effective immediately
upon the effective date of the certificate of state franchise issued by the secretary of state.
(b) If a cable service provider exercises its termination option pursuant to this
Section, the cable service provider shall notify its customers 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. The cable service provider shall notify its customers of a
possible disruption of cable service as a result of the termination of the certificate in writing
and through announcements on the cable system.
(2) An incumbent service provider shall remain, under the terms and conditions of
the terminated franchise, subject to and obligated for any indebtedness, liability, or obligation
that is accrued, due, and owing to a local governmental subdivision at the time the incumbent
service provider terminates the existing franchise previously issued by said local
governmental subdivision. Nothing in this Chapter shall be construed to release an
incumbent service provider exercising the option to terminate from any such accrued, due
and owing indebtedness, liability, or obligation.
(3) An incumbent service provider that elects to terminate its existing franchise for
a local governmental subdivision shall remain subject to the contractual rights, duties, and
obligations incurred by the incumbent service provider under the terms and conditions of the
terminated local franchise that are owed to any private person, including a subscriber.

Legislative History

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