199—44.2 (17A,476,82GA,SF554) Definitions. The following words and terms, when used in this chapter, shall have the meanings shown below:
“Board” means the utilities board within the utilities division of the department of commerce.
“Cable operator” means the same as defined in 47 U.S.C. Section 522.
“Cable service” means the same as defined in 47 U.S.C. Section 522.
“Cable system” means the same as defined in 47 U.S.C. Section 522.
“Certificate of franchise authority” means the certificate issued by the board authorizing the construction and operation of a cable system or video service provider’s network in a public right-of-way.
“Competitive cable service provider” means a person who provides cable service over a cable system in an area other than the incumbent cable provider providing service in the same area.
“Competitive video service provider” means a person who provides video service other than a cable operator.
“Franchise” means an initial authorization, or renewal of an authorization, issued by the board or a municipality, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable system or video service provider’s network in a public right-of-way.
“Franchise fee” means the fee imposed pursuant to 2007 Iowa Acts, Senate File 554, section 8.
“Incumbent cable provider” means the cable operator serving the largest number of cable subscribers in a particular franchise service area on January 1, 2007.
“Municipality” means a county or a city.
“Public right-of-way” means the area on, below, or above a public roadway, highway, street, bridge, cartway, bicycle lane, or public sidewalk in which the municipality has an interest, including other dedicated rights-of-way for travel purposes and utility easements. “Public right-of-way” does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast services or utility poles owned by a municipality or a municipal utility.
“Video programming” means the same as defined in 47 U.S.C. Section 522.
“Video service” means video programming services provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. “Video service” does not include any video programming provided by a provider of commercial mobile service as defined in 47 U.S.C. Section 332 or cable service provided by an incumbent cable provider or a competitive cable service provider or any video programming provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public Internet.