§ 45:1367 — Franchise fee audits and dispute resolution

§1367. Franchise fee audits and dispute resolution
A. The local governmental subdivision, upon reasonable written request, may review
the business records of a cable service provider or video service provider to the extent
necessary to ensure payment of the franchise fee in accordance with R.S. 45:1366. Except
as otherwise provided in a local cable franchise agreement, executed by and between a cable
service provider or video service provider and a local governmental subdivision, that is in
effect at that time of the audit, any review conducted in accordance with this Section shall
not address any period more than three years before the date that the review is commenced.
B. Any suit with respect to a dispute arising out of or relating to the amount of the
franchise fee due to a local governmental subdivision under R.S. 45:1366 shall be filed either
by the local governmental subdivision seeking to recover an additional amount alleged to be
due, or by the certificate holder seeking a refund of an alleged overpayment, in a state or
federal court of competent jurisdiction within three years following the end of the month to
which the disputed amount relates; however, this time period may be extended by written
agreement between the certificate holder and the local governmental subdivision.
C. Prior to filing suit, the local governmental subdivision or certificate holder shall
give the other party written notice of any dispute not resolved in the normal course of
business. Representatives of both parties, with authority to settle the dispute, shall meet
within thirty calendar days after receipt of the notice, and thereafter as often as reasonably
deemed necessary, to exchange relevant information and attempt to resolve the dispute. If
the dispute is not resolved within sixty calendar days after receipt of the notice, either the
local governmental subdivision or certificate holder may initiate nonbinding mediation.
Good faith participation in and completion of the negotiation and mediation procedures set
forth in this Subsection shall be a condition precedent to proceeding with the suit beyond its
filing to interrupt the prescriptive period set forth in this Section.
D. A local governmental subdivision may contract with a third-party administrator
for the collection of the franchise fees and enforcement of the provisions of this Chapter.
E. Each party shall bear its own costs and attorney fees incurred in connection with
any and all of the activities and procedures set forth in this Section.

Legislative History

Acts 2008, No. 433, §1; Acts 2023, No. 380, §1.