Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.3 - Certificate of Franchise Authority

Current through Register Vol. 47, No. 3, July 24, 2024
As provided in 2007 Iowa Acts, Senate File 554, section 3,
				  after July 1, 2007, a person shall not provide cable service or video service
				  in Iowa without a franchise. The franchise may be issued by either the
				  commission pursuant to this chapter or by a municipality pursuant to Iowa Code
				  section 364.2.
(1)
Existing
				franchise agreements.
A person providing cable service or video
				service pursuant to a franchise agreement with a municipality in effect before
				July 1, 2007, is not subject to the requirement to obtain a franchise with
				respect to such municipality until the franchise agreement expires or, in the
				case of an incumbent cable provider, until the franchise is converted to a
				certificate of franchise authority issued by the commission. Upon expiration of
				a franchise, a person may choose to renegotiate a franchise agreement with a
				municipality or may apply for a certificate of franchise authority from the
				commission. An application for a certificate of franchise authority from a
				person subject to an existing municipal franchise agreement may be filed within
				60 days prior to the expiration of the agreement and, if granted, shall take
				effect upon the expiration date of the agreement.
(2)
Municipal utilities.
A
				municipal utility that provides cable service or video service in Iowa is not
				required to obtain a certificate of franchise authority in the municipality in
				which the provision of cable service or video service by the municipality was
				originally approved.
(3)
Initial application.
Within 30 calendar days after receiving
				an application and affidavit from an applicant using a form developed by and
				available from the commission, the commission shall issue a certificate of
				franchise authority or notify the applicant that the application is incomplete.
				The commission shall not issue a certificate of franchise authority to an
				applicant unless the commission finds that all of the following requirements
				have been met. If the commission needs additional information to determine
				whether the requirements in paragraphs
"g," "h"
and
"i"
are met and that determination cannot be made within the
				initial 30-day period, the commission may docket the application for further
				review and take an additional 60 calendar days to make that determination. The
				application must be signed by an officer or general partner of the applicant
				and shall provide the following information:
a. A statement that the applicant has filed
				or will timely file with the Federal Communications Commission (FCC) all forms
				required by the FCC in advance of offering cable service or video service in
				Iowa.
b. A statement that the
				applicant agrees to comply with all applicable federal and state statutes,
				regulations, and rules.
c. A
				statement that the applicant agrees to comply with all applicable state laws
				and nondiscriminatory municipal ordinances and regulations regarding the use
				and occupation of a public rightof-way in the delivery of the cable service or
				video service, including the police powers of the municipalities in which the
				service is delivered.
d. A
				description of the service area to be served and the municipalities to be
				served by the applicant, including descriptions of unincorporated areas, if
				applicable. The service area description must be sufficiently detailed to
				enable the commission to ascertain the boundaries of the applicant's proposed
				service area. Applicants certificated by the commission as local exchange
				carriers pursuant to Iowa Code section 476.29 may choose to refer to
				descriptions (including maps) of local exchange service areas on file with the
				commission.
e. The address of the
				applicant's principal place of business and the names and titles of the
				applicant's principal executive officers with direct authority over and
				responsibility for the applicant's cable or video operations.
f. The telephone number for customer service
				contact.
g. Documentation that the
				applicant possesses sufficient managerial, technical, and financial capability
				to provide the cable service or video service proposed in the service area. An
				applicant or its subsidiary which has a commission-issued certificate of public
				convenience and necessity to provide telephone service pursuant to Iowa Code
				section 476.29 shall be exempt from the provisions of this paragraph.
h. Copies of advertisements or news releases
				announcing the applicant's intent to provide cable service or video service in
				the service area intended for release if the certificate of franchise authority
				is granted. If such items are not available at the time the application is
				filed, the applicant shall file copies with the commission when they become
				available.
i. A schedule of dates
				by which the applicant intends to commence operation in each municipality
				proposed to be served within the service area. The applicant shall file timely
				updates to this schedule to maintain accuracy.