SB 719

SENATE BILL NO. 719
A bill to amend 2006 PA 480, entitled
"Uniform video services local franchise act,"
by amending section 1 (MCL 484.3301).
the people of the state of michigan enact:
Sec. 1. (1) This act shall be known and may be cited as the
"uniform video services local franchise act".
(2) As used in this
act:
(a) "Cable
operator" means that term as defined in 47 USC 522(5).
(b) "Cable
service" means that term as defined in 47 USC 522(6).
(c) "Cable
system" means that term as defined in 47 USC 522(7).
(d)
"Commission" means the Michigan public service commission created in section 1 of 1939 PA 3, MCL 460.1.
(e)
"Franchising entity" means the local unit of government in which a
provider offers video services through a franchise.
(f)
"Household" means a house, an apartment, a mobile home, or any other
structure or part of a structure intended for residential occupancy as separate
living quarters.
(g) "Incumbent
video provider" means a cable operator serving cable subscribers or a
telecommunication provider providing video services through the provider's
existing telephone exchange boundaries in a particular franchise area within a
local unit of government on the effective date of
this act.January 1, 2007.
(h)
"IPTV" means internet protocol television.
(i) "Local
unit of government" means a city, village, or township.
(j)
"Low-income household" means a household with an average annual
household income of less than $35,000.00 as determined by the most recent
decennial census.
(k) "Open
video system" or "OVS" means that term as defined described in
47 USC 573.
(l) "Person" means an individual,
corporation, association, partnership, governmental entity, or any other legal
entity.
(m) "Public
rights-of-way" means the area on, below, or above a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easements
dedicated for compatible uses.
(n) "Uniform
video service local franchise agreement" or "franchise
agreement" means the franchise agreement required under this act to be the
operating agreement between each franchising entity and video service provider in this state.
(o) "Video
programming" means that term as defined in 47 USC 522(20).
(p) "Video
service" means video programming, cable services, IPTV, or OVS provided by a video service provider through facilities
located at least in part in the public rights-of-way without regard to delivery
technology, including internet protocol technology. This definition Video
service does not include any video of the following:
(i) Video programming provided by a provider of a commercial mobile service provider as that term is defined
in 47 USC 332(d). or
provided solely as part of, and via,
(ii) Direct-to-home satellite services as that
term is defined in 47 USC 303(v).
(iii) Video programming accessed via a service that enables users to access
content, information, electronic mail, email, or other services offered over the public internet,
including streaming content.
(q) "Video
service provider" or "provider" means a person authorized under
this act to provide video service.
(r) "Video
service provider fee" means the amount paid by a video service provider or
incumbent video provider under section 6.
(3) The amendatory act that added this subsection does not affect the
obligation of a provider that holds a uniform video local franchise agreement
on or before the effective date of the amendatory act that added this
subsection to provide the compensation required under this act for use of a
public right-of-way.