reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1322. Corporation funds

RS 45:1322 - Corporation funds
A. The corporation's monies shall be maintained by the corporation as a separate and special fund, separate and apart from the general fund of the state. Unexpended amounts remaining in the corporation's fund at the end of a fiscal year shall not lapse into the state general fund, and any interest earned or investment earnings on amounts in the corporation's fund shall be deposited into such fund, to the credit of the appropriate account.
B. The expenditure of money by the corporation shall be under the direction of the governing board and the regulation of the commission, and such monies shall be paid by the corporation only in accordance with R.S. 45:1316(A) and as approved by the commission pursuant to procedures established by commission regulations or orders, as applicable.
C. There shall be created separate accounts by the corporation for each utility that is collecting system restoration charges on behalf of the corporation. The net proceeds of system restoration bonds issued pursuant to a financing order transferred to the corporation shall be allocated to the account of the utility collecting such system restoration charges pursuant to a financing order, as requested by the utility and approved by the commission.
D. Immediately upon the deposit to the corporation's fund of the proceeds of the system restoration bonds transferred to the corporation, a utility shall be entitled to request disbursements by the corporation from the appropriate account of the fund in the amount of system restoration costs that have been approved by the commission, and the corporation shall grant such request consistent with the terms of the commission's order and R.S. 45:1316(A).
E. The primary purpose of this Part being to serve the public good and to benefit the public as a whole as part of a regulatory program intended to minimize the rates charged by utilities and to strengthen the financial position of utilities that have restored and rebuilt their systems, any disbursements by the corporation pursuant to this Section to a utility are intended to be non-shareholder contributions to the capital of the utility that promote the general welfare of the citizens of the state. Such disbursements are not payments for any service provided by the utility to the corporation or the utility's customers. Further, such disbursements are not payments in the nature of insurance or otherwise as direct compensation for losses by the utility from storms. Instead, such disbursements shall be made only in exchange for the utility's commitment contained in the financing order as described in R.S. 45:1318(C)(5).
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1323. State pledge; corporation pledge

RS 45:1323 - State pledge; corporation pledge
A. For purposes of this Section, the term "bondholder" means a person who holds a system restoration bond, including in book entry form.
B. The state and the Louisiana Legislature each pledge and agree with the corporation, the bondholders, and other financing parties that, until the system restoration bonds and any ancillary agreements have been paid and performed in full, the state and the Louisiana Legislature shall not do any of the following:
(1) Alter the provisions of this Part which authorize the commission to create an irrevocable contract right by the issuance of a financing order, to create system restoration property, and to make the system restoration charges imposed by a financing order irrevocable, binding, and nonbypassable charges.
(2) Take or permit any action that impairs or would impair the value of system restoration property.
(3) In any way impair the rights and remedies of the corporation, an issuer, such bondholders, or financing parties, or the security for such bonds or ancillary agreements.
(4) Except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair system restoration charges that are to be imposed, collected, and remitted for the benefit of the corporation, an issuer, the bondholders, and other financing parties, as applicable, until any and all principal, interest, premium, financing costs and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related system restoration bonds have been fully paid and discharged.
C. The corporation shall pledge to and agree with the issuer, for the benefit of the issuer, the bondholders, and other financing parties, that until the system restoration bonds and any ancillary agreements have been paid and performed in full, the corporation shall not do any of the following:
(1) Take or permit any action that impairs or would impair the value of system restoration property.
(2) In any way impair the rights and remedies of the issuer, such bondholders, or financing parties, or the security for such bonds or ancillary agreements.
(3) Except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair system restoration charges that are to be imposed, collected, and remitted for the benefit of the issuer, the bondholders, and other financing parties, as applicable, until any and all principal, interest, premium, financing costs and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related system restoration bonds have been fully paid and discharged.
D. The provisions of R.S. 12:202.1 shall not apply to the corporation.
E. Any issuer that issues system restoration bonds may include the pledge specified in Subsections B and C of this Section and in R.S. 45:1318(C)(8) in the bonds and related documentation.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1324. Limitation on bankruptcy

RS 45:1324 - Limitation on bankruptcy
A. Prior to the date that is two years and one day after which the corporation no longer has any payment obligation to any issuer of any system restoration bonds outstanding, the corporation is prohibited from filing and shall have no authority to file a voluntary petition under the Federal Bankruptcy Code, as it may, from time to time, be in effect, and neither any public official nor any organization, entity, or other person shall authorize the corporation to be or to become a debtor under the Federal Bankruptcy Code during such period. The provisions of this Section shall be part of any contractual obligation owed to the holders of system restoration bonds issued under this Part. Any such contractual obligation shall not subsequently be modified by state law during the period of the contractual obligation, and the state of Louisiana and the Louisiana Legislature hereby covenant with the holders that the state and any public instrumentality thereof and the Louisiana Legislature shall not limit or alter the denial of authority under this Section during the period referred to in this Subsection.
B. The corporation is a public corporation and an instrumentality of the state and is subject to the provisions of R.S. 13:4741 and R.S. 39:619 through 622.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1325. Corporation status; tax exempt

RS 45:1325 - Corporation status; tax exempt
A. The corporation shall be a public corporation and an instrumentality of the state. The corporation's purpose and function is an integral part of the state. The corporation shall be exempt from any state corporate income tax and corporate franchise tax. The system restoration charges, their collection, their sale and transfer, and the income therefrom shall at all times be free from taxation of every kind by the state and any political subdivision or other instrumentality thereof. However, the corporation is not and shall not be deemed a department, unit, agency, board, or commission of the state nor a political subdivision. All debts, claims, obligations, and liabilities of the corporation, whenever and however incurred, shall be the debts, claims, obligations, and liabilities of the corporation only, and not of the state, its agencies, officers, or employees. System restoration charges authorized by the commission shall be regulatory fees designed to implement a regulatory program for the public good and shall not be considered taxes intended to raise revenue for the maintenance of government or governmental services. Corporation funds shall not be considered part of the general fund of the state, and the state shall not budget for or provide general fund appropriations to the corporation.
B. Any system restoration bonds issued under the provisions of this Part by the issuer on behalf of the corporation, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the state and any political subdivision or other instrumentality thereof.
C. Because it is essential for the corporation to have the maximum financial resources to provide contributions as described in this Part following catastrophic natural disasters, it is the intent of the legislature that the corporation, as an instrumentality of the state, be exempt from federal income taxation.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1326. Full authority

RS 45:1326 - Full authority
A. The provisions of this Part shall be deemed to be complete, additional, and alternative authority and to provide the full method for the exercise of the powers herein granted and accomplishment of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws. This Part and all powers granted hereby shall be liberally construed to effectuate its and their purposes. All rights and powers herein granted by this Part shall be cumulative with those derived from other sources and shall not, except as expressly stated herein, be construed in limitation thereof. In issuing system restoration bonds, an issuer may avail itself of the provisions of the statutes and the Constitution of Louisiana applicable to that issuer. This Part establishes a supplemental method of financing and does not limit the right of a utility to finance or otherwise recover system restoration costs by other methods as may be approved pursuant to the commission's legal authority instead of a financing order issued under this Part.
B. To the extent that the commission has made a determination of eligible system restoration costs of a utility before the effective date of this Part, that determination may provide the basis for the utility's application for a financing order pursuant to this Part. Further, to the extent that a utility has made application for a determination of eligible system restoration costs before the effective date of this Part, that application may provide the basis in part for the commission's financing order pursuant to this Part.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1327. Status of corporation

RS 45:1327 - Status of corporation
The corporation, any issuer, and any financing party shall not be considered a utility or person providing electric service or natural gas service by virtue of engaging in the transactions described in this Part. The corporation is not an agent of any utility.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1328. Commission jurisdiction

RS 45:1328 - Commission jurisdiction
Nothing in this Part is intended to be nor shall be construed to constitute any limitation, derogation, or diminution of the jurisdiction or authority of the commission provided by law, including that provided in or exercised by the Public Service Commission pursuant to the Constitution of Louisiana or the council of the city of New Orleans pursuant to its home rule charter.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1331. Legislative findings and purpose

RS 45:1331 - Legislative findings and purpose
A. The Louisiana Legislature declares in Subpart A of this Part that the restoration and rebuilding of utility systems after natural disasters using low-cost capital, thereby minimizing the cost to ratepayers, is a valid public purpose. Supporting the financial strength and stability of utility companies that already have restored and rebuilt, partially or completely, their utility systems after natural disasters is a valid public purpose in the best interests of the citizens of the state.
B. The Louisiana Legislature finds and declares it to be prudent and in the best interests of the state of Louisiana to consider and make available an additional alternate financing technique to support the financial strength and stability of utility companies that have undertaken past, and will undertake future, utility system restoration. Therefore, the Louisiana Utilities Restoration Corporation may create special public trusts for the purpose of providing an alternate financing mechanism available to the Public Service Commission and the council of the city of New Orleans, as applicable, to attract low-cost capital to finance utility system restoration and capital investments and contributions to financially strengthen and stabilize utilities. Special public trusts are nonbusiness entities authorized by this Subpart as a special type of public corporation.
C. The purpose of this Subpart is to minimize costs charged to ratepayers for system restoration costs by providing the corporation with a beneficial interest in a trust that the corporation shall pledge as further security for its obligations to the issuer of the system restoration bonds. The alternate financing technique contemplated by this Subpart used in conjunction with Subpart A of this Part enables the corporation to finance, directly or indirectly, system restoration costs with low-cost capital. Financing of system restoration costs using this alternate financing technique pursuant to this Subpart will additionally safeguard the system restoration bonds so issued and reduce costs to ratepayers. The Louisiana Legislature further finds that this alternate financing technique is a valid public purpose.
D. Securitization financings pursuant to this Subpart, if authorized by the commission in its sole discretion, shall include a commitment by the related utility that the proceeds from the issuance of the system restoration bonds shall be in lieu of recovery of system restoration costs through the regular rate making process to the extent of those securitization financing proceeds.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1332. Definitions

RS 45:1332 - Definitions
For purposes of this Subpart, the terms defined in R.S. 45:1312 have the same meaning in this Subpart, except where a term is expressly modified in this Subpart, and as used in this Subpart:
(1) "Affiliate" means, when used with reference to a specified person, an entity that directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the entity specified. For the purpose of this term,"control", "controlled by", and "under common control with", means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity whether through the ownership of voting securities, by contract, or otherwise.
(2) "Contributed proceeds" means the monies contributed by the corporation to a trust. In each instance, the contributed proceeds shall be the amount of the net proceeds received by the corporation from an issuance of system restoration bonds in accordance with the terms of a financing order.
(3) "Pledgee" means an issuer as pledgee of the corporation or an applicable financing party as pledgee of an issuer.
(4) "Preferred interests" means preferred equity interests in a utility affiliate that pay preferred dividends to the trust that purchased those preferred equity interests.
(5) "Purchase proceeds" means the proceeds received by a utility affiliate from the sale of its preferred interests to a trust.
(6) "Related bonds" means, with respect to a trust, the system restoration bonds that funded the net proceeds transferred by an issuer to the corporation and then contributed by the corporation to that trust.
(7) "Related utility" means, with respect to a trust, the utility that is a beneficiary of such trust and that obtains a financing order pursuant to this Subpart. The related utility shall be an affiliate of the utility affiliate that sells its preferred interests to such trust for purchase proceeds.
(8) "Trust" means an express special public trust created only pursuant to and in compliance with the provisions of this Subpart. A trust for purposes of this Subpart shall not be an issuer of system restoration bonds and shall not be created pursuant to the public trust law, R.S. 9:2341 et seq.
(9) "Trust agreement" means, with respect to a trust, the written instrument that created the trust together with all proper amendments.
(10) "Utility affiliate" means an affiliate of the utility that obtains a financing order pursuant to this Subpart.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1336. Regulation by the commission

RS 45:1336 - Regulation by the commission
A. The commission shall regulate each trust concomitant with the commission's regulation of the related utility. Notwithstanding such regulation, a trust shall not be considered a public utility and shall not be considered an agent of any utility.
B. Any expenses of examination by the commission shall be charged only to the trust being examined and recovered only from the related utility's share of the distributions or redemptions in respect of the preferred interests held by that trust as provided in R.S. 45:1338.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1339. Corporation additional pledge to financing parties

RS 45:1339 - Corporation additional pledge to financing parties
A. The corporation shall pledge to and agree with the issuer for the benefit of the issuer, the bondholders, and other financing parties, that until the related bonds and any ancillary agreements have been paid and performed in full, the corporation shall not do any of the following:
(1) Take or permit any action that impairs or would impair the value of the corporation's beneficial interest in the applicable trust, other than the distributions of dividend income and redemption proceeds contemplated in this Subpart and in the trust agreement.
(2) Approve or allow a modification or amendment pertaining to the corporation's beneficial interest in the applicable trust, or a termination or rescission of the applicable trust agreement or the applicable trust, or in any other way impair the rights and remedies of the corporation as beneficiary under the applicable trust, provided that nothing shall preclude the distributions of dividend income and the redemption proceeds that are contemplated in this Subpart and in the trust agreement.
B. For purposes of this Section and R.S. 45:1340, the term "bondholder" means a person who holds a system restoration bond, including in book entry form.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1340. Limitation on bankruptcy

RS 45:1340 - Limitation on bankruptcy
A. Prior to the date that is two years and one day after which the corporation no longer has any payment obligation outstanding to the issuer of the related bonds, a trust shall be prohibited from filing and shall have no authority to file a voluntary petition under the federal Bankruptcy Code, as it may, from time to time, be in effect. The provisions of this Section shall be part of any contractual obligation owed to the bondholders of the related bonds issued pursuant to this Subpart. This contractual obligation shall not subsequently be modified by state law during the period of this contractual obligation, and the state of Louisiana and the Louisiana Legislature hereby covenant with the bondholders of the related bonds that the state and the Louisiana Legislature shall not limit or alter the denial of authority pursuant to this Section during the period referred to in this Subsection.
B. A trust shall be subject to the provisions of R.S. 13:4741 and R.S. 39:619 through 622.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1342. Construction and effect

RS 45:1342 - Construction and effect
A. This Subpart and all powers granted hereby shall be liberally construed to effectuate its and their purposes, without implied limitations thereon. All rights and powers granted in this Subpart to the commission, the corporation, and a trust shall be cumulative with those derived from other sources and shall not, except as expressly stated herein, be construed in limitation thereof.
B. System restoration bonds may be issued pursuant to Subpart A of this Part alone, or pursuant to this Subpart, together with Subpart A of this Part as modified by this Subpart. References in this Subpart to a financing order issued pursuant to this Subpart mean that the financing order is issued pursuant to this Subpart, and in conjunction with Subpart A of this Part, as modified by this Subpart.
C. A utility may finance system restoration costs pursuant to this Subpart that were incurred by a utility prior to the effective date of this Subpart. Further, to the extent that a utility has made application for a determination of eligible system restoration costs prior to the effective date of this Subpart, that application may provide the basis in part for the commission's financing order pursuant to this Subpart and subject to R.S. 45:1333(B)(3).
D. The failure of a utility, its utility affiliate, a trust, or the trustee or any beneficiary thereof to perform their respective obligations pursuant to this Subpart, or under the trust agreement, or applicable financing order, shall not affect or impair the system restoration property, or any rights of the corporation, the issuer, or any financing party under the financing order, including without limitation the right to receive billed and collected system restoration charges. Nothing in this Subsection shall be construed to deny, limit, or diminish the commission's jurisdiction and authority to enforce the provisions of any financing order upon the utility.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1343. Corporation participation

RS 45:1343 - Corporation participation
The corporation may, in each instance, subject to the prior authorization of the commission, participate in financing transactions contemplated by the Louisiana Electric Utility Storm Recovery Securitization Act, R.S. 45:1226 through 1240.
Acts 2021, No. 293, §3, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1351. Civil liability of station owner, licensee or operator for defamation

RS 45:1351 - Civil liability of station owner, licensee or operator for defamation
The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for damages for defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
Acts 1950, No. 468, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1352. Defamatory statements by or on behalf of, or in opposition to, candidate for public office

RS 45:1352 - Defamatory statements by or on behalf of, or in opposition to, candidate for public office
In no event, shall any owner, licensee or operator, or the agents or employees of any such owner, licensee or operator of such a station or network of stations be held liable for damages for any defamatory statement uttered over the facilities of such station or network by or on behalf of, or in opposition to, any candidate for public office.
Acts 1950, No. 468, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1353. Damages recoverable for defamatory statements

RS 45:1353 - Damages recoverable for defamatory statements
In any action against any owner, licensee or operator, or the agents or employees of any owner, licensee or operator, of a visual or sound radio broadcasting station or network of stations for damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only such actual damages as he may prove.
Acts 1950, No. 468, §3.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1354. Responsibility of persons making defamatory statements

RS 45:1354 - Responsibility of persons making defamatory statements
This Chapter is not intended to change the responsibility under the laws of this state, of any person or persons for any defamatory utterance made by such person or persons over a visual or sound radio broadcasting station or network of stations.
Acts 1950, No. 468, §4.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1355. Disasters; deaf and hard of hearing persons informed

RS 45:1355 - Disasters; deaf and hard of hearing persons informed
A. During any time of a disaster, or threat of a disaster, television stations shall transmit information or instructions in connection with the disaster, or threat of disaster, to the deaf and hard of hearing by scrolling or other appropriate means of communication in order to provide such persons with the same information or instructions as is provided to hearing persons.
B. For purposes of this Section, "disaster" means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to hurricane, tornado, storm, flood, high water, wind driven water, tidal wave, earthquake, landslide, mudslide, fire, explosion, hostile military actions, or other disasters.
Acts 1993, No. 1007, §1; Acts 2017, No. 146, §10.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1364.1. Filing Methods

RS 45:1364.1 - Filing Methods
A.(1) The secretary of state may accept any filing authorized in Chapter 10-A of this Title by electronic, online, or facsimile transmission. All online filings authorized pursuant to the provisions of this Section shall include an electronic signature.
(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(3) "Online" means through the secretary of state's commercial online computer system.
B. Filing by facsimile. Printed documents transmitted through the process of an electronic method to the secretary of state are deemed to be properly signed when the document received by a facsimile machine or document image attachment in email by the commercial division, office of the secretary of state, purports to be a copy of the original document and contains the signatures required in this Section.
C.(1) Online filing. The secretary of state is authorized to implement and establish procedures and systems for secure online form filing for the filing of any instrument required to be filed with the secretary of state pursuant to the provisions of this Chapter.
(2) Any provision that requires an instrument filed pursuant to the provisions of this Chapter to be subscribed or acknowledged before a notary public may be dispensed with if the instrument is filed and signed electronically as provided in Paragraph (A)(2) of this Section by a person authorized to sign the instrument.
(3) Notwithstanding the provisions of this Section, any filing filed by an individual from a parish with a population of one hundred thousand or less according to the latest federal decennial census may be filed by facsimile transmission or mail.
D. Notwithstanding the provisions of this Section, any filing authorized by Chapter 10-A of this Title that the secretary of state has the capability to accept online shall only be filed online.
Acts 2016, No. 554, §3, eff. Jan. 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1367. Franchise fee audits and dispute resolution

RS 45:1367 - 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.
Acts 2008, No. 433, §1; Acts 2023, No. 380, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1368. Prohibition against build-out requirements

RS 45:1368 - Prohibition against build-out requirements
No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirements for construction of a cable system or wireline facilities used to distribute video programming services or for cable service or video service deployment on a holder of a certificate, subject to the provisions of Title 48 of the Louisiana Revised Statutes of 1950.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1370. In-kind contributions; PEG access support

RS 45:1370 - In-kind contributions; PEG access support
A. Local governmental subdivisions are prohibited from imposing in-kind compensations and grants.
B. Notwithstanding any other provision of law to the contrary, a local governmental subdivision may require all holders of a state-issued certificate of franchise authority, pursuant to an ordinance adopted by the local governmental subdivision, to pay PEG access support in an amount up to one-half percent of gross revenues. No payments shall be due pursuant to this Section until the local governmental subdivision notifies the holder of a state-issued certificate of franchise authority, in writing, of the amount owed. The fee shall be uniformly applied to all holders of a state-issued certificate of franchise authority within the local governmental subdivision.
C. Payments under this Section shall be made in the same manner as a part of the certificate holder's payment of franchise fees pursuant to R.S. 45:1366, and all definitions, exemptions, and administrative provisions applicable to franchise fees shall apply to such payments.
D. The holder of a state-issued certificate of franchise authority may designate that portion of a subscriber's bill attributable to any payments required by this Section and recover the amount from the subscriber as a separate line-item on the bill.
E. All payments made to a local governmental subdivision under this Section are paid in accordance with 47 U.S.C. 531, 541(a)(4)(B), and 542(g)(2)(C) and shall be used by the local governmental subdivision as allowed by federal law only to support the capital costs incurred for the construction and operation of PEG access programming stream or channel content and facilities.
F. No franchise fees as required in R.S. 45:1366 shall apply to payments made pursuant to this Section.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1371. Customer service standards

RS 45:1371 - Customer service standards
Any holder of a state-issued certificate of franchise authority shall comply with 47 CFR 76.309(c). No franchising authority or local governmental subdivision shall have the power to require a holder of a state-issued certificate of franchise authority to comply with any customer service standards other than those set forth in this Section.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1373. Indemnification

RS 45:1373 - Indemnification
A holder of a certificate of statewide franchise authority shall indemnify, defend and hold harmless a local governmental subdivision, its officers, agents, and employees from and against any liability for damages and for any liability or claims resulting from tangible property damage or bodily injury, including accidental death, to the extent proximately caused by the holder's negligent construction, operation, or maintenance of its cable system or wireline facilities used to distribute video programming services, provided that the local governmental subdivision shall give the holder written notice of its obligation to indemnify the local governmental subdivision within one hundred eighty days of receipt of a claim or action pursuant to this Section and provided that the holder shall have the right to select counsel of the holder's choice to defend the claim. Notwithstanding the foregoing, the holder shall not indemnify the local governmental subdivision for any damages, liability, or claims resulting from the negligence or willful misconduct of the local governmental subdivision, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any person or entity other than the holder in connection with PEG programming.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1374. Local governmental authority

RS 45:1374 - Local governmental authority
A. A local governmental subdivision's authority to regulate the holder of a certificate is limited to the following items:
(1) A requirement that the holder of a certificate which is providing cable service or video service within the local governmental subdivision register with the local governmental subdivision and maintain a current point of contact.
(2) The establishment of reasonable guidelines regarding the use of PEG access programming streams or channels.
B. A local governmental subdivision shall allow the holder of a certificate to install, construct, and maintain a network within public rights of way and shall provide the holder of a certificate with open, comparable, nondiscriminatory, and competitively neutral access to the public rights of way. If during the installation, construction, or maintenance of said network, the holder disturbs any public right of way, the holder shall replace and restore the public right of way to a condition reasonably comparable to the condition of the public right of way existing immediately prior to such disturbance. All use of public rights of way by the holder of a certificate is nonexclusive, and a local governmental subdivision may not discriminate against the holder of a certificate regarding any of the following items:
(1) The authorization or placement of a network in public rights of way.
(2) Access to a building or other property.
(3) Utility pole attachment terms.
C. Nothing contained in this Chapter shall impair the lawful exercise of existing police powers of the local governmental subdivisions in which cable service or video service is delivered, including but not limited to the right to require construction permits and utility pole attachment agreements.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1375. Discrimination prohibited

RS 45:1375 - Discrimination prohibited
A. A cable service provider or video service provider that has been granted a certificate shall not deny access to service to any group of potential residential subscribers based on the race or income of the residents in the local area in which such group resides.
B. For purposes of determining whether a cable service provider or video service provider has violated the provisions of Subsection A of this Section, cost, density, distance, and technological or commercial limitations shall be taken into account. The inability to serve an end user because a holder is prohibited from placing its own facilities in a building or property shall not be found to be a violation of Subsection A of this Section. Use of an alternative technology that provides a comparable content, service, and functionality shall not be considered a violation of Subsection A of this Section. This Section may not be construed as authorizing any general construction or deployment requirements on a cable service provider or video service provider in contravention of R.S. 45:1368.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1376. Compliance

RS 45:1376 - Compliance
If the holder of a certificate is found by a court of competent jurisdiction to be in noncompliance with the requirements of this Chapter, the court shall order the holder of the certificate, within a specified reasonable period of time, to cure the noncompliance. If the holder fails to cure in accordance with the court's order, the court may remedy such noncompliance.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1377. Applicability of other laws

RS 45:1377 - Applicability of other laws
A. Nothing in this Chapter shall apply to a local governmental subdivision which has a home rule charter existing or adopted when the Constitution of Louisiana was adopted on April 20, 1974, and which is governed by Article VI, Section 4 of the Constitution of Louisiana. However, a local governmental subdivision operating pursuant to such a home rule charter provision may by ordinance elect to be governed by the provisions of this Chapter.
B. With respect to local governmental subdivisions which have home rule charters adopted after the Constitution of Louisiana was adopted on April 20, 1974, and which are governed by Article VI, Section 5 of the Constitution of Louisiana and with respect to other local governmental subdivisions without home rule charters, such local governmental subdivisions are denied the authority to adopt ordinances that are inconsistent with the provisions of this Chapter.
C. Nothing in this Chapter is intended to alter existing law regarding expropriation of property by a cable service provider or video service provider.
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1378. Conforming amendments

RS 45:1378 - Conforming amendments
Except as provided in Title 48 of the Louisiana Revised Statutes of 1950, the provisions of this Chapter supersede any inconsistent provisions of state law, including but not limited to the following:
(1) R.S. 9:1253.
(2) R.S. 33:4361, 4401, and 4405.
(3) R.S. 38:2869, 3087.37, 3087.57, 3087.97, 3087.117, 3087.227, and 3087.265.
(4) R.S. 45:781(B).
Acts 2008, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1451. Definitions

RS 45:1451 - Definitions
"Reporter" shall mean any person regularly engaged in the business of collecting, writing or editing news for publication through a news media. The term reporter shall include all persons who were previously connected with any news media as aforesaid as to the information obtained while so connected.
"News Media" shall include
(a) Any newspaper or other periodical issued at regular intervals and having a paid general circulation;
(b) Press associations;
(c) Wire service;
(d) Radio;
(e) Television; and
(f) Persons or corporations engaged in the making of news reels or other motion picture news for public showing.
Acts 1964, No. 211, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1452. Conditional privilege from compulsory disclosure of informant or source

RS 45:1452 - Conditional privilege from compulsory disclosure of informant or source
Except as hereinafter provided, no reporter shall be compelled to disclose in any administrative, judicial or legislative proceedings or anywhere else the identity of any informant or any source of information obtained by him from another person while acting as a reporter.
Acts 1964, No. 211, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1453. Revocation of privilege; procedure

RS 45:1453 - Revocation of privilege; procedure
In any case where the reporter claims the privilege conferred by this Part, the persons or parties seeking the information may apply to the district court of the parish in which the reporter resides for an order to revoke the privilege. In the event the reporter does not reside within the state, the application shall be made to the district court of the parish where the hearing, action or proceeding in which the information is sought is pending. The application for such an order shall set forth in writing the reason why the disclosure is essential to the protection of the public interest and service of such application shall be made upon the reporter. The order shall be granted only when the court, after hearing the parties, shall find that the disclosure is essential to the public interest. Any such order shall be appealable under Article 2083 of the Louisiana Code of Civil Procedure. In case of any such appeal, the privilege set forth in R.S. 45:1452 shall remain in full force and effect during pendency of such appeal.
Acts 1964, No. 211, §3.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1454. Defamation; burden of proof

RS 45:1454 - Defamation; burden of proof
If the privilege granted herein is claimed and if, in a suit for damages for defamation, a legal defense of good faith has been asserted by a reporter or by a news media with respect to an issue upon which the reporter alleges to have obtained information from a confidential source, the burden of proof shall be on the reporter or news media to sustain this defense.
Acts 1964, No. 211, §4.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1456. Service of subpoenas; motion to quash or obtain additional time; award of costs

RS 45:1456 - Service of subpoenas; motion to quash or obtain additional time; award of costs
A. Unless otherwise ordered by the court, upon a showing of good cause therefor, a subpoena issued to any news media organization, reporter, custodian of records, photographer, or other representative of any news media organization, which is governed by R.S. 45:1455 through 1458, shall be served at least ten days prior to the return date specified in the subpoena.
B. Nothing contained herein shall be construed to preclude or limit the right of the news media organization, reporter, photographer, custodian of records, or other representative of any news media organization to seek an order with respect to a subpoena pursuant to Article 1354 or Article 1426 of the Code of Civil Procedure, including, without limitation, an order continuing the return date specified in the subpoena or quashing the subpoena on the ground that additional time is reasonably necessary for compliance with the subpoena.
C. In a proceeding to quash any subpoena governed by R.S. 45:1455 through 1458, the court may, after contradictory hearing, grant reasonable attorney fees and expenses to the prevailing party in the contradictory hearing.
Acts 1987, No. 803, §1.