Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following words and terms, when used in this chapter,
				  shall have the meanings shown below:
"Cable operator"
means the same as defined
				  in  47 U.S.C. Section 522.
"Cable service"
means the same as defined in
				   47 U.S.C. Section 522.
"Cable system"
means the same as defined in
				   47 U.S.C. Section 522.
"Certificate of franchise authority"
means
				  the certificate issued by the commission authorizing the construction and
				  operation of a cable system or video service provider's network in a public
				  right-of-way.
"Commission"
means the utilities commission
				  within the utilities division of the department of commerce.
"Competitive cable service provider"
means a
				  person who provides cable service over a cable system in an area other than the
				  incumbent cable provider providing service in the same area.
"Competitive video service provider"
means a
				  person who provides video service other than a cable operator.
"Franchise"
means an initial authorization,
				  or renewal of an authorization, issued by the commission or a municipality,
				  regardless of whether the authorization is designated as a franchise, permit,
				  license, resolution, contract, certificate, agreement, or otherwise, that
				  authorizes the construction and operation of a cable system or video service
				  provider's network in a public right-of-way.
"Franchise fee"
means the fee imposed
				  pursuant to 2007 Iowa Acts, Senate File 554, section 8.
"Incumbent cable provider"
means the cable
				  operator serving the largest number of cable subscribers in a particular
				  franchise service area on January 1, 2007.
"Municipality"
means a city.
"Public right-of-way"
means the area on,
				  below, or above a public roadway, highway, street, bridge, cartway, bicycle
				  lane, or public sidewalk in which the municipality has an interest, including
				  other dedicated rights-of-way for travel purposes and utility easements.
				  "Public right-of-way" does not include the airwaves above a public right-of-way
				  with regard to cellular or other nonwire telecommunications or broadcast
				  services or utility poles owned by a municipality or a municipal
				  utility.
"Video programming"
means the same as
				  defined in  47 U.S.C. Section 522.
"Video service"
means video programming
				  services provided through wireline facilities located at least in part in the
				  public right-of-way without regard to delivery technology, including Internet
				  protocol technology. "Video service" does not include any video programming
				  provided by a provider of commercial mobile service as defined in  47 U.S.C. Section 332  or cable service provided by an incumbent cable provider or a
				  competitive cable service provider or any video programming provided solely as
				  part of, and via, a service that enables users to access content, information,
				  electronic mail, or other services offered over the public
				  Internet.