Louisiana Revised Statutes 45:1370 – In-kind contributions; PEG access support
Terms Used In Louisiana Revised Statutes 45:1370
- Certificate: means the certificate of franchise authority issued by the secretary of state to a person or entity to provide cable service or video service in this state. See Louisiana Revised Statutes 45:1363
- Franchise: means an initial authorization, or renewal of an authorization, issued by a franchising authority 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 other wireline facilities used to distribute video programming services, in the public rights of way. See Louisiana Revised Statutes 45:1363
- Franchise authority: means any governmental entity empowered by federal, state, or local law to grant a franchise for cable service or video service. See Louisiana Revised Statutes 45:1363
- Gross revenues: means all revenues received from subscribers for the provision of cable service or video service, including franchise fees and all revenues received from non-subscribers for advertising disseminated through cable service or video service and home shopping services. See Louisiana Revised Statutes 45:1363
- Local governmental subdivision: means any parish or municipality. See Louisiana Revised Statutes 45:1363
A. Local governmental subdivisions are prohibited from imposing in-kind compensations and grants.
B. Notwithstanding any other provision of law to the contrary, a local governmental subdivision may require all holders of a state-issued certificate of franchise authority, pursuant to an ordinance adopted by the local governmental subdivision, to pay PEG access support in an amount up to one-half percent of gross revenues. No payments shall be due pursuant to this Section until the local governmental subdivision notifies the holder of a state-issued certificate of franchise authority, in writing, of the amount owed. The fee shall be uniformly applied to all holders of a state-issued certificate of franchise authority within the local governmental subdivision.
C. Payments under this Section shall be made in the same manner as a part of the certificate holder’s payment of franchise fees pursuant to La. Rev. Stat. 45:1366, and all definitions, exemptions, and administrative provisions applicable to franchise fees shall apply to such payments.
D. The holder of a state-issued certificate of franchise authority may designate that portion of a subscriber’s bill attributable to any payments required by this Section and recover the amount from the subscriber as a separate line-item on the bill.
E. All payments made to a local governmental subdivision under this Section are paid in accordance with 47 U.S.C. § 531, 541(a)(4)(B), and 542(g)(2)(C) and shall be used by the local governmental subdivision as allowed by federal law only to support the capital costs incurred for the construction and operation of PEG access programming stream or channel content and facilities.
F. No franchise fees as required in La. Rev. Stat. 45:1366 shall apply to payments made pursuant to this Section.
Acts 2008, No. 433, §1.