Arizona Laws 11-1911. Counties; uniform video service license agreement; forms; provisions
A. From and after December 31, 2019, a county has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries.
Terms Used In Arizona Laws 11-1911
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agreement: means any agreement or contract. See Arizona Laws 11-1901
- boundaries: means all of the area of the county that is not within the corporate limits of any city or town, including unincorporated territory that is surrounded on all sides by a combination of one or more cities, towns or Indian reservations. See Arizona Laws 11-1901
- Highway: means all roads, streets and alleys and other dedicated public rights-of-way that are operated and maintained by the county. See Arizona Laws 11-1901
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Incumbent cable operator: means a cable operator or other video service provider that on December 31, 2019 is providing video service in this state pursuant to a local license. See Arizona Laws 11-1901
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a franchise as defined in 47 United States Code § 522. See Arizona Laws 11-1901
- Local license: means any license, agreement, permit or similar authorization that meets all of the following:
(a) Allows a person to construct or operate a video service network within the boundaries of a county. See Arizona Laws 11-1901
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Service area: means that part of the boundaries of a county within which a video service provider is authorized to provide video service pursuant to a uniform video service license or a local license. See Arizona Laws 11-1901
- Uniform video service license: means a license that is issued by a county in the form of a uniform video service license agreement as adopted pursuant to section 11-1911. See Arizona Laws 11-1901
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. Not later than August 27, 2019, each county shall adopt a standard form of uniform video service license agreement for video service providers to be used by the county and a standard form of application and affidavit as described in section 11-1914. A county shall prescribe other forms only as necessary to implement this chapter.
C. The uniform video service license agreement adopted under subsection B of this section must include all of the following provisions in substantially the following form and may not include any other provisions:
1. The name of the video service provider, its type of entity and its jurisdiction of formation.
2. The address and telephone number of the video service provider’s principal place of business.
3. The name and address of the video service provider’s principal executive officers or general partners and any persons authorized to represent the video service provider before the county.
4. If the video service provider is not an incumbent cable operator, the date on which the provider expects to provide video service in the area identified under paragraph 5 of this subsection.
5. An exact description of the service area to be served, as identified by a geographic information system digital boundary that meets or exceeds national map accuracy standards.
6. A requirement that the video service provider pay the license fees required under this chapter and all other lawful fees and charges imposed by the county.
7. A requirement that the video service provider file in a timely manner with the federal communications commission all forms required by that agency before offering video service in the service area, including the forms required by 47 C.F.R. § 76.1801.
8. A requirement that the video service provider agrees to comply with and be subject to all valid and enforceable federal and state laws.
9. A requirement that the video service provider agrees to comply with all generally applicable, nondiscriminatory local laws, including highway use, mapping, insurance, performance bonds, security fund, indemnification or similar requirements that apply to the use and occupation of any highway and that conform to this chapter.
10. A requirement that the video service provider comply with the public, education and government programming requirements of this chapter.
11. A requirement that the video service provider comply with all customer service rules of the federal communications commission under 47 C.F.R. § 76.309(c) applicable to cable operators.
12. A requirement that the video service provider comply with the consumer privacy requirements of 47 United States Code § 551 applicable to cable operators.
13. A grant of authority by the county to provide video service in the service area as described under paragraph 5 of this subsection.
14. A grant of authority by the county to use and occupy the highways in the delivery of the video service, subject to the laws of this state and the police powers of the county.
15. The term of the uniform video service license.
16. A requirement that the parties to the agreement are subject to and must comply with this chapter.
D. Except as otherwise provided in this chapter, from and after December 31, 2019 a person may not act as a video service provider or construct or operate a video service network within the boundaries of a county without first having been issued and continuing to hold a uniform video service license with a service area encompassing the boundaries.
E. A local license shall remain enforceable in accordance with its terms until terminated under section 11-1912, subsection B.