Iowa Code 477A.5 – Municipality restrictions
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1. A municipality shall not require a holder of a certificate of franchise authority to do any of the following:
a. Comply with a mandatory build-out provision.
b. Obtain a separate franchise.
c. Pay any additional fees, except as provided in this chapter.
d. Be subject to any additional franchise requirement by the municipality, except as provided in this chapter.
Terms Used In Iowa Code 477A.5
- Certificate: means a certificate of title. See Iowa Code 462A.2
- 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
2. For purposes of this section, a “franchise requirement” includes any provision regulating rates or requiring build-out requirements to deploy any facilities or equipment.
3. Section 364.2 shall not apply to a holder of a certificate of franchise authority issued pursuant to this chapter.