Terms Used In Louisiana Revised Statutes 45:1612

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Cable service: means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service, but shall not include any video programming provided by a commercial mobile service provider. See Louisiana Revised Statutes 45:1611
  • Cable service provider: means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of that system. See Louisiana Revised Statutes 45:1611
  • Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1611
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Video service: means any video programming service provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. See Louisiana Revised Statutes 45:1611
  • Video service provider: means any entity providing video service. See Louisiana Revised Statutes 45:1611

            A.(1) On or before June 1, 2021, each cable service provider and video service provider shall prepare and submit to the commission an emergency service plan, which shall include a provider’s emergency preparedness and response plan to an emergency or disaster.

            (2) The emergency service plan shall include all of the following information:

            (a) The name and contact information of two persons who have knowledge of the provider’s emergency operations.

            (b) The identification of any available human resources and their position and responsibilities during an emergency.

            (c) The provider’s plan for obtaining resources that may be necessary during an emergency, including but not limited to communication, equipment, generators, and vehicles.

            (d) The arrangement of any alternative facility if a facility is needed for the operation and continuity of service.

            (e) A description of the drills or exercises to be performed at least annually that test and evaluate the effectiveness of the emergency service plan.

            (f) A schedule for the regular evaluation and a risk mitigation strategy for all operating assets that may be at a higher risk or are prone to damage during an emergency.

            (g) The provider’s means of communication with the commission in the event of a disruption of telecommunication services.

            B.(1) Upon receipt of an emergency service plan, the commission shall review the plan to determine compliance with the provisions of this Chapter and any applicable rules and regulations of the commission.

            (2) On or before August first of each year, the commission shall submit a written declaration certifying compliance or noncompliance with the provisions of this Section for each cable service provider and video service provider to the director of the Governor’s Office of Homeland Security and Emergency Preparedness, the Senate Committee on Commerce, Consumer Protection and International Affairs, and the House Committee on Commerce.

            C. Each cable service provider and video service provider shall review its emergency service plan on an annual basis. If any change is made to the emergency service plan, the revised plan shall be submitted to the commission on or before the following June first. If no change was made to the emergency service plan, written notification that the previously submitted plan is current shall be submitted to the commission on or before the following June first.

            D. On or before March 1, 2021, the commission shall adopt rules and regulations consistent with its rulemaking authority in Article 4, Section 21(B) of the Constitution of Louisiana to implement the provisions of this Chapter.

            E. The filing of an emergency service plan in accordance with the provisions of this Section shall not subject any cable service provider or video service provider to any regulatory jurisdiction by the commission not in effect on December 1, 2020.

            F. If a cable service provider or video service provider uses the same facilities to provide any other service regulated by the commission and files with the commission an emergency service plan for that service that includes an emergency preparedness and response plan for cable service, video service, or both, that cable service provider or video service provider shall not be required to submit an additional emergency service plan pursuant to the provisions of this Section.

            Acts 2020, 2nd Ex. Sess., No. 42, §1, eff. Dec. 1, 2020.