Effective - 28 Aug 2007
67.2703. Designation of noncommercial channels authorized, when — PEG channels, requirements. — 1. A franchise entity may require a video service provider providing video service in such franchise entity to designate up to three channels for noncommercial public, educational, or governmental "PEG" use if such franchise entity has a population of at least fifty thousand, and up to two PEG channels if such franchise entity has a population of less than fifty thousand; provided, however, that a PEG channel that is shared among multiple political subdivisions served by a common headend on the effective date may continue to be shared among those political subdivisions served by that headend. Such limits shall constitute the total number of PEG channels that may be designated on all video service networks that share a common headend, regardless of the number of franchise entities or other political subdivisions served by such headend. The video service provider may provide such channels on any service tier that is purchased by more than fifty percent of its customers. All video service providers serving a political subdivision shall be required to provide the same number of PEG access channels as the incumbent video service provider existing on the date of enactment of sections 67.2675 to 67.2714.
2. Notwithstanding any franchise or ordinance granted by a franchise entity prior to the date of enactment of sections 67.2675 to 67.2714, this section, rather than the franchise or ordinance, shall apply to the designation of PEG access channels by an incumbent cable operator operating under such franchise or ordinance; provided, however, that if such franchise or ordinance requires more PEG access channels than the applicable limit specified in subsection 1 of this section, the requirement in the franchise or ordinance shall apply in lieu of such limit; provided further, that the incumbent cable operator may nonetheless be required to activate additional PEG channel or channels, up to such limit, to the extent the political subdivision certifies that such additional channel or channels will be substantially utilized, as defined in subsection 4 of this section.
3. Any PEG channel designated pursuant to this section that is not substantially utilized, as defined in subsection 4 of this section, by the franchise entity shall no longer be made available to the franchise entity, but may be programmed at the video service provider's discretion. At such time as the governing body of a franchising entity makes a finding and certifies that a channel that has been reclaimed by a video service provider under this subsection will be substantially utilized, the video service provider shall restore the reclaimed channel within one hundred * twenty days, but shall be under no obligation to carry that channel on any specific tier.
4. For purposes of this section, a PEG channel shall be considered "substantially utilized" when forty hours per week are locally programmed on that channel for at least three consecutive months. In determining whether a PEG channel is substantially utilized, a program may be counted not more than four times during a calendar week.
5. Except as provided in this section, a franchise entity or political subdivision may not require a video service provider to provide any funds, services, programming, facilities, or equipment related to public, educational, or governmental use of channel capacity. The operation of any PEG access channel provided pursuant to this section and the production of any programming that appears on each such channel shall be the sole responsibility of the franchise entity or its duly appointed agent receiving the benefit of such channel, and the video service provider shall bear only the responsibility for the transmission of the programming on each such channel to subscribers.
6. The franchise entity must ensure that all transmissions of content and programming provided by or arranged by it to be transmitted over a PEG channel by a video service provider are delivered and submitted to the video service provider in a manner or form that is capable of being accepted and transmitted by such video service provider holder over its network without further alteration or change in the content or transmission signal, and which is compatible with the technology or protocol utilized by the video service provider to deliver its video services.
7. The franchise entity shall make the programming of any PEG access channel available to all video service providers in such franchise entity in a nondiscriminatory manner. Each video service provider shall be responsible for providing the connectivity to the franchise entity's or its duly appointed agent's PEG access channel distribution points existing as of effective date of enactment of sections 67.2675 to 67.2714. Where technically necessary and feasible, video service providers in the same franchise entity shall use reasonable efforts and shall negotiate in good faith to interconnect their video service networks on mutually acceptable rates, terms, and conditions for the purpose of transmitting PEG programming within such franchise entity. A video service provider shall have no obligation to provide such interconnection to a new video service provider at more than one point per headend, regardless of the number of franchise entities or other political subdivisions served by such headend. The video service provider requesting interconnection shall be responsible for any costs associated with such interconnection, including signal transmission from the origination point to the point of interconnection. Interconnection may be accomplished by direct cable microwave link, satellite, or other reasonable method of connection acceptable to the person providing the interconnect.
8. (1) The obligation of an incumbent cable operator to provide monetary and other support for PEG access facilities contained in a franchise existing on August 28, 2007, shall continue until the term of the franchise would have expired if it had not been terminated pursuant to sections 67.2675 to 67.2714 or until January 1, 2012, whichever is earlier.
(2) Each video service provider providing video service in a political subdivision shall have the same obligation to support PEG access facilities as the incumbent cable operator with the most subscribers in such political subdivision as of the date of enactment of sections 67.2675 to 67.2714. To the extent such incumbent cable operator provides such support in the form of a percentage of gross revenue or a per-subscriber fee, any other video service provider shall pay the same percentage of gross revenue or per-subscriber fee as the incumbent cable operator. To the extent the incumbent cable operator provides such support in the form of a lump sum payment without an offset to its gross receipts fee, any other video service provider shall be responsible for a pro rata share of such payment made by the incumbent cable operator after the date on which the other video service provider commences service in a particular political subdivision, based on its proportion of video service customers in such political subdivision. To the extent the incumbent cable operator provides such support on an in-kind basis after the date on which the other video service provider commences service in a particular political subdivision, any other video service provider shall pay the political subdivision a sum equal to the pro rata amount of the fair market value of such support based on its proportion of video service customers in such political subdivision.
(3) For purposes of this section, the proportion of video service customers of a video service provider shall be determined based on the relative number of subscribers as of the end of the prior calendar year as reported by all incumbent cable operators and holders of video service authorizations. A franchising entity acting under this subsection shall notify a video service provider of the amount of such fee on an annual basis, beginning one year after issuance of the video service authorization.
9. Neither the public service commission nor any political subdivision may require a video service provider to provide any institutional network or equivalent capacity on its video service network. The obligation of an incumbent cable operator to provide such network or capacity contained in a franchise existing on August 28, 2007, shall continue until the term of the franchise would have expired had it not been terminated pursuant to sections 67.2676** to 67.2714, or until January 1, 2009, whichever is earlier, and shall be limited to providing the network as is on August 28, 2007.
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(L. 2007 S.B. 284)
*Word "and" appears in original rolls.
**Section 67.2676 does not exist.
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 67 - Political Subdivisions, Miscellaneous Powers
Section 67.020 - Budget officer, designation, duties — submission of budget.
Section 67.040 - Increase of expenditure over budgeted amount to be made only on formal resolution.
Section 67.048 - Annual report required, when.
Section 67.050 - Transfer of funds from one agency to another.
Section 67.060 - Orders increasing total budget kept on file three years — attestation.
Section 67.070 - Budget for preceding year to govern, when.
Section 67.080 - Expenditures prohibited unless authorized under this chapter.
Section 67.085 - Investment of certain public funds, conditions.
Section 67.100 - Applicability of law.
Section 67.136 - Municipal courts, utilization of collection agencies permitted, when.
Section 67.138 - Liability of political subdivisions for certain frivolous actions.
Section 67.140 - Ownership of domestic animals, no laws or regulations to prohibit.
Section 67.210 - Political subdivisions may provide health insurance benefits when, to whom.
Section 67.212 - Failure of board members to attend meetings, commission's power to replace.
Section 67.250 - Cities and counties may grant funds to fire protection and library districts, when.
Section 67.303 - Economic growth, promotion and development in county — powers of county commission.
Section 67.304 - Charitable contributions, organizations may solicit in roadway, when, procedure.
Section 67.305 - Counties or cities not to arrest or punish for public intoxication.
Section 67.306 - Admission tickets, sale or resale of, no restrictions on price or fees, exceptions.
Section 67.316 - Public food service establishments, pets permitted, when.
Section 67.340 - Assistance to political subdivisions encouraged.
Section 67.350 - Use of state data processing equipment by political subdivisions.
Section 67.360 - Political subdivisions, use of state procurement service authorized.
Section 67.370 - State agencies may contract with political subdivisions.
Section 67.380 - Charges limited to cost of service.
Section 67.390 - Contracts to be filed with secretary of state.
Section 67.400 - Ordinance may require vacation, demolition or repair of structures, when.
Section 67.410 - Provisions required in ordinance.
Section 67.420 - Ordinance may provide penalties for noncompliance or delay.
Section 67.430 - Appeal must be authorized.
Section 67.440 - Emergency powers may be authorized.
Section 67.450 - Liability of subdivision for wrongful action.
Section 67.453 - Citation of law — definitions.
Section 67.455 - Neighborhood improvements — bonds, special assessments.
Section 67.459 - Apportionment of improvement costs — governing body to establish classifications.
Section 67.461 - Assessments, plans, specifications — public filing — duties of clerk — notice.
Section 67.465 - Period of limitation, lawsuits.
Section 67.467 - Supplemental assessments authorized, when — reassessments.
Section 67.469 - Assessment treated as tax lien, payable upon foreclosure.
Section 67.471 - Temporary notes, general obligation bonds.
Section 67.475 - Maximum bond indebtedness — advisory committee in certain cities.
Section 67.500 - Short title — definitions.
Section 67.506 - Computation of county sales tax levy.
Section 67.540 - Repeal or amendment of sales tax — procedure.
Section 67.545 - Law not applicable to certain cities and counties.
Section 67.571 - Museums and festivals, sales tax authorized (Buchanan County).
Section 67.572 - Repeal of sales tax, procedure.
Section 67.573 - Sales tax to be an additional tax to taxes in chapter 144 — computation of tax.
Section 67.574 - Director of revenue to be responsible for administration and operation of the tax.
Section 67.576 - Collection of the tax requirements — applicable penalties.
Section 67.577 - Delinquency in payment, limitation for bringing suit.
Section 67.607 - Powers of commission.
Section 67.611 - Decisions by majority, exceptions.
Section 67.614 - Penalties may be imposed by ordinances for injuries to commission's property.
Section 67.621 - Revenues, distribution.
Section 67.623 - Collection and administration of tax, options.
Section 67.631 - Penalties may be imposed by ordinances for injuries — district's property.
Section 67.643 - Law not to impair existing rights of political subdivisions.
Section 67.645 - Report to general assembly, when — biennial audit, required.
Section 67.650 - Regional convention and sports complex authority established.
Section 67.654 - Investment in bond issues, by whom, authority.
Section 67.655 - Tax exemption for property and income of authority.
Section 67.661 - Authorities' duties — annual report due when — no public revenue authorized.
Section 67.662 - Limitations on applicability
Section 67.663 - Tourism taxes, collection, distribution and administration.
Section 67.664 - Limitations on imposition of tourism taxes.
Section 67.667 - Adoption of tourism tax, procedure — ballot form.
Section 67.673 - Repeal of tax, procedure, ballot form — effective when.
Section 67.676 - Collection of tourism tax, duties of county collector or director of revenue, when.
Section 67.681 - Delinquencies — limitation for bringing suit — prosecutor may bring action.
Section 67.683 - Tourism board, appointment — qualifications — term — duties — staff authorized.
Section 67.701 - Submission of ballot — limitations on use of revenue (St. Louis County).
Section 67.712 - Deposit — distribution to county, when — refunds authorized — tax repealed, effect.
Section 67.721 - Repeal or amendment of sales tax, procedure.
Section 67.724 - Definition of county.
Section 67.730 - Capital improvements sales tax — bonds — election procedure — ballot form.
Section 67.732 - Imposition of tax, when — interest and sinking fund, limitations on use.
Section 67.733 - Bonds, refunding.
Section 67.737 - Applicable provisions, administration.
Section 67.760 - Joint operation of recreation system.
Section 67.770 - Subdivision may accept gifts for recreational purposes.
Section 67.775 - Use of facilities of other governmental agencies, when.
Section 67.780 - Effect on other powers of subdivision.
Section 67.781 - County recreational system — citation of law — definitions.
Section 67.783 - Recreational lake authority — purpose and powers — exemption — immunity.
Section 67.787 - Lake authority — initial meeting — officers — duties — bond, amount — restrictions.
Section 67.788 - Lake authority — powers — funds — condemnation — security force — zoning.
Section 67.790 - Lake authority — tax increment financing — approval, by whom.
Section 67.796 - Ballot form, content.
Section 67.798 - Bonds — issuance, interest, payments — income tax exemption.
Section 67.800 - Notice to nonresident property owners, when.
Section 67.810 - Owner to file affidavit of request, contents, fee.
Section 67.820 - Notice, how sent, by whom.
Section 67.830 - Receipt of notice, owner to refile affidavit.
Section 67.840 - Request for notice expires, when, renewed, how.
Section 67.850 - Failure of notice, effect of.
Section 67.860 - Nonresident property owner defined.
Section 67.870 - Policy statement.
Section 67.880 - Who may acquire land and for what purpose.
Section 67.885 - Plan for conservation, hearing and reports required before condemnation authorized.
Section 67.895 - Tax assessments, how affected.
Section 67.905 - Authorization to accept funds or grants.
Section 67.955 - Procedure for dissolution — bonded indebtedness, effect of.
Section 67.974 - Powers of commission.
Section 67.978 - Bonds issues, authorization — forms — sales — rate of interest.
Section 67.981 - Notes authorized — sales — interest rate — to mature when.
Section 67.983 - Issuance of renewal notes and refunding bonds — sales.
Section 67.995 - Fund abolished, moneys transferred to general revenue — audit of fund, when.
Section 67.1012 - Collection of tax, options, penalty for delinquency, when (Pettis County).
Section 67.1016 - County transient guest taxes — procedures.
Section 67.1020 - Disaster relief services, nongovernmental agencies exempt from tax, when.
Section 67.1062 - Definitions.
Section 67.1064 - Recorder of deeds to file report — pay over funds to county treasurer for deposit.
Section 67.1065 - Administrative body to be appointed, duties, expenses, limitation.
Section 67.1067 - Agencies applying for funds, information required.
Section 67.1069 - Requirements for agencies to be eligible for funds.
Section 67.1070 - Eligible agencies.
Section 67.1071 - Report to be made by agencies receiving funds, content — program.
Section 67.1155 - Powers and duties of commissioners.
Section 67.1175 - Advisory board, established, members — duties, powers.
Section 67.1180 - Dissolution of district, procedures — trustee, appointment, duties.
Section 67.1181 - Audit required, promotion of tourism moneys.
Section 67.1186 - Retailers liable for surcharge, collection and return of surcharges.
Section 67.1187 - Tourism surcharge trust fund, established — use.
Section 67.1188 - Ballot for submission.
Section 67.1189 - Effective date of surcharge.
Section 67.1200 - Definitions.
Section 67.1212 - Election to establish military airport zoning, ballot form.
Section 67.1224 - Airport zoning regulation not applicable to certain counties.
Section 67.1233 - Ballot form for submission to affected landowner.
Section 67.1235 - Majority of affected landowners required to form.
Section 67.1249 - Grants may be awarded by board to conduct research.
Section 67.1253 - Dissolution procedure for district — ballot form.
Section 67.1275 - Exemption from premium tax for association.
Section 67.1350 - Annexation by certain cities to promote economic development (Warrensburg).
Section 67.1352 - Annexation of municipal airports, when (city of Monett).
Section 67.1367 - Transient guest tax for promotion of tourism — ballot language. (Perry County)
Section 67.1368 - Tax authorized — ballot language (Douglas and Montgomery counties).
Section 67.1401 - Definitions.
Section 67.1411 - Districts, how established.
Section 67.1431 - Public hearing, notice.
Section 67.1441 - Removal from and addition to district, procedure.
Section 67.1452 - Election of board of directors, no person to cast more than one ballot.
Section 67.1471 - Fiscal year — budget — meeting — report — audit.
Section 67.1485 - Merger of districts, when — assessments, effect on.
Section 67.1491 - Obligations of district.
Section 67.1501 - Funding of district.
Section 67.1511 - Fund, how created, use.
Section 67.1531 - Real property or business license tax, how imposed, ballot.
Section 67.1541 - Taxes and assessments, how collected, distributed.
Section 67.1551 - Election for real estate tax, procedure, results, reimbursement of costs.
Section 67.1561 - Statute of limitations.
Section 67.1571 - Minimum wage limitation.
Section 67.1600 - Home equity program act — definitions.
Section 67.1606 - Addition of new areas to existing home equity program, procedure.
Section 67.1612 - Powers and duties.
Section 67.1618 - Member's home value guaranteed, when, procedure.
Section 67.1624 - Payment by program required, when.
Section 67.1630 - Member property acquired by eminent domain, program benefits may be claimed, when.
Section 67.1636 - Member may appeal guaranteed values or dollar depreciations, how.
Section 67.1642 - Termination of existing program, how.
Section 67.1651 - Indemnification of commissioners, officers or employees of a program, limitations.
Section 67.1654 - Suit may be brought, when, limitations.
Section 67.1657 - Program only proportionally liable when member has separate home equity insurance.
Section 67.1703 - Metropolitan district to be body corporate and political subdivision.
Section 67.1715 - District ballot form, approval of majority required — district established, when.
Section 67.1718 - Single county district, procedure.
Section 67.1730 - Board member terms — vacancies, how filled, eligible for reappointment.
Section 67.1742 - Powers and duties of the district.
Section 67.1748 - Missouri products and supplies to be given preference.
Section 67.1751 - Metropolitan district not to have power of eminent domain.
Section 67.1754 - Sales tax, how allocated — reauthorization of tax, when.
Section 67.1760 - Bonds may be issued by metropolitan district — rates, how paid.
Section 67.1766 - Income from bonds exempt from income tax.
Section 67.1776 - Short title — children's services fund reimbursement.
Section 67.1800 - Definitions.
Section 67.1802 - District boundaries.
Section 67.1804 - Regional taxicab commission established, powers.
Section 67.1806 - Membership of commission, appointments.
Section 67.1808 - Powers of the commission.
Section 67.1810 - Duties of the commission — expenditures limited to fees collected.
Section 67.1812 - Taxicab code promulgated, procedure.
Section 67.1814 - Airport taxicabs, limitation on regulation by the commission.
Section 67.1816 - City and county ordinances in effect until taxicab code adopted.
Section 67.1818 - Licensure, taxicab code to include administrative procedures.
Section 67.1819 - Criminal background check policy required.
Section 67.1820 - Commission to establish annual budget to enforce taxicab code.
Section 67.1830 - Definitions.
Section 67.1846 - Exceptions to applicability of right-of-way laws.
Section 67.1847 - Fiber networks in right-of-way, no fee for use of — exceptions.
Section 67.1862 - Definitions.
Section 67.1864 - District created in certain counties (includes Camden County).
Section 67.1868 - Opposition to formation of a district, petition filed, procedure.
Section 67.1870 - Costs of filing to be paid by petitioners.
Section 67.1872 - Board of directors, members.
Section 67.1874 - Notice of district organization — election of board members, terms.
Section 67.1876 - Powers of the board, meetings, corporate seal, quorum.
Section 67.1878 - Use of funds, sources of funding.
Section 67.1880 - Property tax imposed, when — ballot language — collection of tax.
Section 67.1882 - Contracting, borrowing and agreement authority of the district.
Section 67.1884 - Limitation on district's contracting authority.
Section 67.1886 - Additional powers of the district.
Section 67.1888 - Insurance obtained by the district, types, conditions.
Section 67.1890 - Change in district boundaries, procedure.
Section 67.1892 - Vote required for change in boundaries, when.
Section 67.1894 - Termination of taxing authority by petition, procedure.
Section 67.1896 - Vote required for termination of taxing authority, when — ballot language.
Section 67.1898 - Dissolution of a district, procedure.
Section 67.1925 - Special trust fund created.
Section 67.1928 - Authorized appropriations from special trust fund.
Section 67.1931 - Indebtedness authorized to accomplish purposes of certain taxes.
Section 67.1934 - Repeal of tax, submitted to voters, ballot language.
Section 67.1937 - Safekeeping of county permanent records — accounting records and annual audit.
Section 67.1940 - Donation of property to county.
Section 67.1950 - Definitions.
Section 67.1956 - Board of directors, members, terms, duties.
Section 67.1958 - Modification of requirements by vote of the district.
Section 67.1959 - Sales tax imposed, when — submitted to voters, ballot language.
Section 67.1962 - Special trust fund created.
Section 67.1965 - County collector to collect tax at discretion of the board — rules.
Section 67.1968 - Expenditure of sales tax revenue, conditions.
Section 67.1971 - Reduction of liability for entities remitting the sales tax.
Section 67.1974 - Expansion of district boundaries, procedure.
Section 67.1977 - Dissolution and repeal of the tax, procedure.
Section 67.1978 - Annual audit required.
Section 67.1979 - Removal of board members.
Section 67.2500 - Establishment of a district, where — definitions.
Section 67.2510 - Alternative procedure for establishment of a district.
Section 67.2515 - Petition, contents, notice — hearing — district declared organized, when.
Section 67.2520 - Election conducted, when — sales tax vote, amount — ballot form.
Section 67.2535 - Monitoring of blasting operations permitted (St. Charles County).
Section 67.2540 - Definitions.
Section 67.2546 - Restrictions, prohibitions — violation, penalty.
Section 67.2552 - Prohibited acts, penalties — public policy interest to be protected.
Section 67.2555 - Competitive bids required, when (Jackson County).
Section 67.2675 - Citation of law.
Section 67.2677 - Definitions — effective date.
Section 67.2677 - Definitions.
Section 67.2680 - Satellite or streaming video services, no new tax, license, or fee.
Section 67.2683 - Compliance with FCC requirements for emergency messages.
Section 67.2685 - Expiration of authorization, when.
Section 67.2687 - Notice of commencement of service, when.
Section 67.2689 - Fee authorized, amount — exception — adjustment of fee, when.
Section 67.2693 - Report to be issued by the public service commission, contents.
Section 67.2694 - Confidentiality of subscriber information.
Section 67.2695 - Immunity of political subdivisions, when — indemnification, when — exceptions.
Section 67.2701 - Transferability of authorizations, procedure.
Section 67.2709 - National Electric Safety Code, compliance with required.
Section 67.2711 - Noncompliance, effect of.
Section 67.2714 - Effective date.
Section 67.2805 - Rulemaking authority.
Section 67.2820 - Program authorized, requirements — application process — audit may be required.
Section 67.2825 - Alternative financing method.
Section 67.2830 - Issuance of bonds.
Section 67.2835 - Allocation of state's residual share of certain bond limitation.
Section 67.2840 - Effective dates.
Section 67.4500 - Definitions.
Section 67.4510 - Members, appointment.
Section 67.5000 - District authorized.
Section 67.5002 - Name of district.
Section 67.5006 - Powers of district.
Section 67.5008 - Ballot language.
Section 67.5010 - Majority vote required.
Section 67.5012 - Sale tax authorized in counties of district.
Section 67.5014 - Allocation of sales tax.
Section 67.5016 - Department of revenue to administer and collect tax — director's duties.
Section 67.5018 - Treasurer's duties — report required, when.
Section 67.5020 - Revenues from tax not to be allocated to special fund by municipalities.
Section 67.5022 - Board of directors, appointment, terms, removal.
Section 67.5024 - Organizational meeting — adoption of bylaws, rules, and regulations.
Section 67.5026 - Qualifications of board members.
Section 67.5030 - Eminent domain authority, district not authorized to exercise.
Section 67.5032 - Issuance of bonds, requirements.
Section 67.5034 - Negotiable refunding bonds permitted, limitations.
Section 67.5038 - Purchases in excess of $10,000 by lowest and best bid standard.
Section 67.5065 - Political subdivision definition.
Section 67.5090 - Citation of law.
Section 67.5092 - Definitions.
Section 67.5094 - Prohibited acts by authority.
Section 67.5102 - Prohibited acts.
Section 67.5103 - Power of eminent domain prohibited, when.
Section 67.5110 - Citation of law, purpose.
Section 67.5111 - Definitions.
Section 67.5115 - Authority poles, use of — make-ready work.
Section 67.5116 - Rates and fees.
Section 67.5117 - Limitation on services permitted.
Section 67.5118 - Authority may exercise certain authority, limitations.
Section 67.5119 - Ordinance or agreement required, when.
Section 67.5120 - Court jurisdiction.
Section 67.5121 - Indemnification, insurance, and bonding requirements permitted — exceptions.
Section 67.5122 - Expiration date, exception.
Section 67.5125 - Report to general assembly, when, contents.