(A) Competition between cable television, satellite, and other providers has promoted and continues to promote additional consumer choices for cable service, video service, and similar services, and the technology used to provide these services is not constrained or limited by municipal or county boundaries. Accordingly, it is appropriate for the General Assembly to review and update the policy of this State with regard to these services. The General Assembly finds that revising the current system of regulation of these services will relieve consumers of unnecessary costs and burdens, encourage investment, and promote deployment of innovative offerings that provide competitive choices for consumers. Additionally, the General Assembly finds that it is in the best interests of consumers for cable and video franchises to be nonexclusive and for requests for competitive cable or video franchises not to be unreasonably refused. The General Assembly further finds that a streamlined policy framework providing statewide uniformity is necessary to allow these functionally equivalent services to compete fairly and to deploy new consumer services more quickly.
(B) After the effective date of this act, no municipality or county may issue a cable franchise pursuant to Section 58-12-30. A municipality or county may continue to enforce existing cable franchises until they expire or are terminated pursuant to Section 58-12-325.
(C) This chapter occupies the entire field of franchising or otherwise regulating cable and video service and preempts any ordinance, resolution, or similar matter adopted by a municipality or county that purports to address franchising or otherwise regulating cable or video service.
HISTORY: 2006 Act No. 288, Section 2, eff May 23, 2006; 2007 Act No. 8, Section 1, eff March 30, 2007.
Editor's Note
2006 Act No. 288, Section 1, provides as follows:
"This act is known and may be cited as the 'South Carolina Competitive Cable Services Act' ".
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Section 58-12-5. Purpose; findings and preemption as to cable and video service.
Section 58-12-10. Installation of cable over or beneath public lands, highways, roads or waters.
Section 58-12-30. Franchising by counties and municipalities.
Section 58-12-50. Penalties for violations; persons who may bring suit.
Section 58-12-60. Damage to private property.
Section 58-12-70. Underground installations on private property; consent required.
Section 58-12-80. Fees payable by companies receiving benefits of grandfather clauses.
Section 58-12-90. Channel to be made available to Educational Television Commission.
Section 58-12-100. Companies to maintain complaint service.
Section 58-12-110. Televising of athletic events.
Section 58-12-120. Cable television company and cable television system defined.
Section 58-12-300. Definitions.
Section 58-12-310. Application for certificate; procedure.
Section 58-12-320. Predecessor and successor entities.
Section 58-12-330. Payments to municipalities and counties.
Section 58-12-360. Customer service requirements.
Section 58-12-380. Denial of access to service based on income in service area; filing of complaint.
Section 58-12-390. Order to cure noncompliance.
Section 58-12-395. County emergency preparedness and alert system responsibilities.
Section 58-12-400. Applicability of Article 2; educational television.