Iowa Code 477A.10 – Provider discrimination prohibited
Current as of: 2024 | Check for updates
|
Other versions
1. The purpose of this section is to prevent discrimination among potential residential subscribers.
Terms Used In Iowa Code 477A.10
- Cable service: means the same as defined in 47 U. See Iowa Code 477A.1
- Certificate: means a certificate of title. See Iowa Code 462A.2
- Competitive video service provider: means a person who provides video service other than a cable operator. See Iowa Code 477A.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Franchise: means an initial authorization, or renewal of an authorization, issued by the board 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. See Iowa Code 477A.1
- Municipality: means a city. See Iowa Code 477A.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Video service: means video programming services provided by a competitive video service provider through wireline facilities owned, controlled, constructed, or operated by the provider of such video service and located at least in part in the public right-of-way without regard to delivery technology, including internet protocol technology. See Iowa Code 477A.1
2. A competitive cable service provider or competitive video service provider holding a certificate of franchise authority shall not deny access to any group of potential residential subscribers because of the income of residents in the local area in which such group resides.
3. a. A video service provider operating under a certificate of franchise authority that is using telecommunication facilities to provide video services and has more than five hundred thousand telecommunication access lines in this state shall extend its system to a potential subscriber, at no cost to the potential subscriber, if all of the following criteria are met:
(1) The potential subscriber is located within its authorized service area.
(2) At least two hundred fifty dwelling units are located within two thousand five hundred feet of a remote terminal.
(3) These dwelling units do not have cable or video service available from another cable service provider or video service provider.
b. This subsection shall be applicable only after the first date on which the video service provider operating under a certificate of franchise authority is providing cable service or video service to more than fifty percent of all cable and video subscribers receiving cable or video service from the holders of certificates of franchise authority and any other providers of cable or video services operating under franchise agreements with a municipality.