Louisiana Revised Statutes 45:844.49 – Feasibility study; public hearings
Terms Used In Louisiana Revised Statutes 45:844.49
- Commercially sensitive marketing information: means marketing plans or strategies, customer lists, and trade secrets pursuant to Louisiana Revised Statutes 45:844.43
- Covered services: means telecommunications services, advanced services and cable television services, individually and collectively, and regardless of the technology used to provide those services, unless otherwise specified in this Chapter. See Louisiana Revised Statutes 45:844.43
- Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing covered services. See Louisiana Revised Statutes 45:844.43
- Full costs: means all capital costs, direct costs and indirect costs. See Louisiana Revised Statutes 45:844.43
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Local governing authority: means the legislative body of a local government. See Louisiana Revised Statutes 45:844.43
- Local government: means any parish, municipality, or other political subdivision of the state and any utility authority, board, branch, department or other unit thereof. See Louisiana Revised Statutes 45:844.43
- Subscribers: means a person that lawfully receives a covered service. See Louisiana Revised Statutes 45:844.43
(1) If a feasibility consultant is hired under La. Rev. Stat. 45:844.48, the local governing authority shall require the feasibility consultant to:
(a) Complete the feasibility study in accordance with this Section.
(b) Submit to the local governing authority by no later than one hundred eighty days from the date the feasibility consultant is hired to conduct the feasibility study:
(i) The full written results of the feasibility study.
(ii) A summary of the results that is no longer than one page in length.
(c) Attend the public hearings described in Paragraph (4) of this Section to:
(i) Present the feasibility study results.
(ii) Respond to questions from the public.
(2) The feasibility study described in Paragraph (1) of this Section shall at a minimum consider:
(a) If the local government is proposing to provide covered services to subscribers, whether the local government providing covered services in the manner proposed by the local government will hinder or advance competition for covered services in the city or parish.
(b) The fiscal impact on the local government of:
(i) The capital investment in facilities that will be used to provide the proposed covered services.
(ii) The expenditure of funds for labor, financing, and administering the proposed covered services.
(c) The projected growth in demand in the city or parish or both for the proposed covered services.
(d) The projections at the time of the feasibility study and for each year until the bonds necessary to finance the facilities used to provide covered services are retired, of the revenues and full costs for a local government to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed covered services.
(3) For purposes of the financial projections required under Subparagraph (2)(d), the feasibility consultant shall assume that the local government will price the proposed covered services consistent with La. Rev. Stat. 45:844.53(4).
(4) If the results of the feasibility study satisfy the revenue requirement of La. Rev. Stat. 45:844.48(3), the local governing authority, at the next regular meeting after the local governing authority receives the results of the feasibility study, shall schedule at least two public hearings to be held:
(a) Within sixty days of the meeting at which the public hearings are scheduled.
(b) At least seven days apart.
(c) For the purpose of allowing the feasibility consultant to present the results of the feasibility study; and the public to become informed about the feasibility study results; and ask questions of the feasibility consultant about the results of the feasibility study.
(5)(a) Except as provided in Subparagraph(5)(c), the local government shall publish notice of the public hearings required under Paragraph(4) at least once a week for three consecutive weeks in a newspaper of general circulation in the city or parish or both.
(b) The last publication of notice required under Subparagraph(5)(a) shall be at least three days before the first public hearing required under Paragraph (4).
(c)(i) If there is no newspaper of general circulation in the city or parish, for each one thousand residents, the local government shall post at least one notice of the hearings in a conspicuous place within the city or parish or both that is likely to give notice of the hearings to the greatest number of residents of the city or parish.
(ii) The local government shall post the notices at least seven days before the first public hearing required under Paragraph (4) is held.
(6) A local government that has existing notice and hearing procedures under a home rule charter for considering and approving capital projects for local government to construct and operate facilities for the provision of covered services shall be permitted to use those notice and hearing procedures in lieu of the notice and hearing procedures set forth in this Section, provided that the notice and hearing procedures contain requirements that are substantially similar to those set forth herein.
(7) Nothing in this Section shall be construed to require inclusion in the feasibility study required herein, or disclosure of, commercially sensitive marketing information.
Acts 2004, No. 736, §1, eff. July 6, 2004.