Effective: September 24, 2007
Latest Legislation: Senate Bill 117 - 127th General Assembly
(A)(1) A video service provider that both uses telecommunications facilities to provide video service and has more than one million telephone access lines in this state shall provide access to video service to at least:
(a) Twenty-five per cent of the households in its video service area within two years after the date it began providing video service in that area;
(b) Fifty per cent of the households in its video service area within five years after the date it began providing video service in that area, except that a video service provider need not meet that fifty per cent requirement until two years after at least thirty per cent of the households with access to the provider's video service under its video service authorization subscribe to the service for six consecutive months.
(2) A video service provider may comply with division (A)(1)(a) or (b) of this section through the use of alternative technology, except satellite technology, that offers service, functionality, and content demonstrably similar to the service, functionality, and content the provider otherwise provides through its video service network.
(B) A video service provider shall file an annual report with the director of commerce describing its compliance with division (A) of this section or, as applicable, its progress toward that compliance.
(C) A video service provider may apply to the director for a waiver of or for an extension of time to comply with division (A)(1) of this section. The director may grant the waiver or extension only if the director determines that the video service provider has made substantial and continual effort to comply and determines that one or more of the following caused the provider's inability to comply:
(1) The provider is unable to obtain access to public and private rights-of-way under reasonable terms and conditions.
(2) Developments or buildings are not subject to competition because of existing, exclusive service arrangements.
(3) Developments or buildings are inaccessible using reasonable technical solutions under commercially reasonable terms and conditions.
(4) A natural disaster prevents compliance.
(5) There are other factors beyond the provider's control.
If an extension of time is granted, the director shall establish a new compliance deadline. If a waiver is granted, the director shall specify the requirement or requirements waived.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1332 | Fair Competition in Cable Operations
Section 1332.01 | Fair Competition in Cable Operations Definitions.
Section 1332.02 | Fair Competition in Cable Service Operations.
Section 1332.03 | No Determination as to Public Utility Status of Cable Service Operation.
Section 1332.04 | Prohibitions.
Section 1332.05 | Legislation Expending Public Moneys for Cable Service.
Section 1332.06 | Special Fund for Cable System - Annual Report.
Section 1332.07 | Effect of Violation by Political Subdivision.
Section 1332.08 | Arbitration of Disputes - Procedure.
Section 1332.09 | Actions for Declaratory or Injunctive Relief - Findings of Arbitration Opinion.
Section 1332.10 | Right of Action, Remedy or Penalty Is in Addition to Others.
Section 1332.21 | Video Service Definitions.
Section 1332.22 | Legislative Findings Regarding Video Service.
Section 1332.23 | Video Service Authorization - Video Service as Cable Service.
Section 1332.24 | Issuance of Video Service Authorization - Violations - Civil Penalties.
Section 1332.25 | Application for Video Service Authorization.
Section 1332.26 | Political Subdivision Authority - Complaints - Standards.
Section 1332.27 | Advance Notice of Service - Transfer - Termination.
Section 1332.28 | Racial or Income Discrimination Prohibited.
Section 1332.29 | Household Service Percentage Requirements - Waiver.
Section 1332.30 | Public, Educational, or Governmental Programming Channels.
Section 1332.31 | Emergency Interrupt Service Announcements.
Section 1332.32 | Payment of Video Service Provider Fees.