Satellite Services Bill
Hello Attorneys,
The bill below has been sneaking through the legislature it was dropped in an unrelated bill. It modifies the definition of “video services” to include “broadband satellite service”. I am concerned this will limit future revenue streams by circumventing the “rental payment” authorized in 11 O.S. 2021, Section 22-107.1. I am also concerned we may have ROW issues like we did when the big roll out of federal funds for broadband occurred. Passing it along to get your input/feedback because you all are the smart folks 😊 It will have to move in the next few days and the satellite folks are flying in lobbyists this evening. Gotta’ love politics. (amendment highlighted towards the end.)
Thanks,
Daniel
Bill Number: OK58RSB 573
HOUSE AMENDED SENATE BILL
ENGROSSED HOUSE AMENDMENT
1 TO
2 ENGROSSED SENATE BILL NO. 573 By: Montgomery of the Senate
3 and
4 Martinez of the House
5 An Act relating to cities and towns; creating the
6 Oklahoma Electrical Access and Resiliency Task Force;
7 providing for membership of task force; providing
8 purpose; requiring task force to make recommendations
9 for energy use; requiring submission of report to
10 certain persons by certain date; providing for cease
11 of operations of task force; providing for
12 codification; providing an effective date; and
13 declaring an emergency.
14 AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
15 and insert:
16 "An Act relating to powers of municipalities;
17 amending 11 O.S. 2021, Section 22-107.1, which
18 relates to regulation of video services systems;
19 modifying definition; and providing an effective
20 date.
21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
22 SECTION 1. AMENDATORY 11 O.S. 2021, Section 22-107.1, is
23 amended to read as follows:
24 Section 22-107.1 A. A municipality may by ordinance or
1
1 otherwise grant a certificate, license, permit or franchise for the
2 operation of a video services system, unless such authority is
3 already provided for by law. Any certificate, license, permit or
4 franchise granted pursuant to this section shall constitute a
5 bargained contract between the municipality and the video services
6 provider and shall provide for a consideration payment to the
7 municipality as rental for the privileges granted to the provider to
8 use the public ways and grounds within the municipality in
9 furtherance of its video services business. The rental payment
10 shall be set at the amount bargained between the municipality and
11 the video services provider but shall not exceed five percent (5%)
12 of the annual gross revenues derived by the video services provider
13 from the provision of video services within the municipality. Any
14 certificate, license, permit or franchise issued by the governing
15 body shall be nonexclusive and shall not exceed a period of twenty-
16 five (25) years and may be revocable by the governing body if said
17 body determines that the holder of the certificate, license, permit
18 or franchise has willfully failed or neglected to perform duties
19 pursuant to the terms of the grant of the certificate, license,
20 permit or franchise. Nothing herein shall limit the authority of a
21 municipality to comply with state or federal law.
22 B. In the event a municipality grants an overlapping
23 certificate, license, permit or franchise for video services within
24 its jurisdiction on terms or conditions more favorable or less
25 burdensome than those in any existing certificate, license, permit
26 or franchise within the municipality the holder of the existing
27 certificate, license, permit or franchise shall be entitled, upon
2
1 written notice to the municipality, to adopt the terms in the
2 overlapping certificate, license, permit or franchise that are more
3 favorable or less burdensome than those in the existing certificate,
4 license, permit or franchise and the adopted terms shall become
5 enforceable by the municipality.
6 C. In addition to any other authority granted to municipalities
7 by this section or other applicable law, a municipality may also
8 adopt an ordinance regulating a video services system pursuant to
9 its police power. No municipal provisions regulating a video
10 services system may be adopted which are inconsistent with either
11 state or federal law or with the terms and conditions of the
12 certificate, license, permit or franchise bargained by the
13 municipality and the video services provider.
14 D. In awarding or renewing a certificate, license, permit or
15 franchise for video services, a municipality may require adequate
16 assurance that the video services system provider will provide
17 adequate public, educational, and governmental access channel
18 capacity, facilities or financial support. A video services system
19 provider may, at its sole option, provide a "family friendly" tier
20 of video services in lieu of channel capacity, facilities, or
21 financial support for public access as a condition of any
22 certificate, license, permit or franchise for video services or
23 renewal thereof. Nothing herein shall affect any channel capacity,
24 facilities, or financial support for educational or governmental
25 access contained in any certificate, license, permit or franchise
26 for video services or renewal thereof.
27 E. A "family friendly" tier of services is a group of channels,
3
1 offered to customers pursuant to Federal Communications Commission
2 (FCC) regulations, that primarily contains programming with a
3 television viewing rating of TV-Y, TV-Y7 or TV-G.
4 F. "Video services" means video programming, including cable
5 services, provided through wireline facilities located at least in
6 part in the public rights-of-way without regard to the delivery
7 technology, including Internet protocol technology. "Video
8 services" shall not include video programming provided [by a]:
9 1. By a commercial mobile service provider as defined in 47
10 U.S.C., Section 332(d);
11 2. By a provider of direct broadcast satellite service as
12 defined in 47 U.S.C., Section 335(b)(5)(A);
13 3. By a provider of digital audiovisual works delivered over
14 the Internet, including streaming content; or [provided solely]
15 4. Solely as part of and via a service that enables users to
16 access content, information, electronic mail, messaging and other
17 services offered over the public Internet.
18 SECTION 2. This act shall become effective November 1, 2022."
19 Passed the House of Representatives the 27th day of April, 2022.
20 Presiding Officer of the House of
21 Representatives
22 Passed the Senate the ____ day of __________, 2022.
23 Presiding Officer of the Senate
24 ENGR. H. A. to ENGR. S. B. NO. 573Page 1
4
Daniel McClure, J.D., M.P.A.
Deputy General Counsel – OK Municipal League
405-528-7515
201 N.E. 23rd St., OKC, OK, 73105
[Oklahoma Municipal League] <oml.org> [LinkedIn Profile Tips to Improve Your Personal Brand - Business 2 Community] https://www.linkedin.com/in/daniel-mcclure-jr-53097920/
