South Carolina Code 58-12-325. Transfer from county or municipality issued franchise authority to state issued franchise authority
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In South Carolina Code 58-12-325
- Cable service provider: means a person or entity who is a cable operator, as defined in 47 U. See South Carolina Code 58-12-300
- 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 or video services network in the public rights-of-way. See South Carolina Code 58-12-300
- Franchising authority: means a governmental entity empowered by federal, state, or local law to grant a franchise for cable or video services. See South Carolina Code 58-12-300
- Video service: means video programming services 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 South Carolina Code 58-12-300
At the time any certificate of franchise authority is issued by the Secretary of State, the Secretary of State immediately shall post information relating to the certificate, specifically including all municipalities and counties described pursuant to § 58-12-310(B)(2). At any time on or after the date when the holder of a state-issued certificate of franchise authority gives notice, as required by § 58-12-310(K), that it is beginning to offer cable or video service in a given municipality or county, any cable service provider serving such municipality or county shall have the option to terminate existing franchises previously issued by such municipality or county and instead offer cable or video service in such municipality or county under a certificate of franchise authority that the Secretary of State shall issue in accordance with the requirements of § 58-12-310. A cable service provider exercising its termination option shall file a statement of termination with the Secretary of State on a form as required by the Secretary of State and submit copies of such filing with any affected municipalities or counties. Termination of existing franchises is effective immediately upon issuance of a certificate of franchising authority by the Secretary of State granting authority to provide cable or video service in the described municipalities and counties. Upon termination of existing franchises as provided in this section, the cable or video service provided by the provider exercising its termination option is governed by the provisions of this article in those municipalities and counties where the franchises have been terminated. The termination option of this section applies only with respect to municipalities and counties which have been described pursuant to § 58-12-310(B)(2) by a holder of a state certificate of franchise authority and not with respect to franchises issued by other municipalities and counties.