HOUSE BILL NO. 4965

September 12, 2023, Introduced by Reps. Andrews, Conlin, Morse, Weiss, Wilson, Haadsma, Farhat, Glanville, Snyder and Aiyash and referred to the Committee on Regulatory Reform.

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.

(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 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 provided 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.