Senate Amendment 5149
PAG LIN
1 1 Amend Senate File 2324 as follows:
1 2 #1. Page 1, line 15, after <provided.> by inserting
1 3 <All notices required by this subsection shall be sent
1 4 by certified mail.>
1 5 #2. Page 2, line 17, after <area.> by inserting
1 6 <An applicant or its subsidiary which has been issued
1 7 a certificate of public convenience and necessity to
1 8 provide telephone service pursuant to section 476.29
1 9 shall be exempt from the provisions of this paragraph.>
1 10 #3. Page 2, by striking lines 32 through 35 and
1 11 inserting:
1 12 <3.a. The board shall not issue a certificate
1 13 of franchise authority to an applicant unless the
1 14 board finds that all of the requirements specified in
1 15 subsection 1, paragraphs "f" through "h" have been met.
1 16 b. The board may take up to an additional sixty
1 17 days, beyond the thirty=day period for issuance of
1 18 a certificate of franchise authority specified in
1 19 subsection 1, if the board determines that additional
1 20 information will be required to make a determination
1 21 regarding whether the requirements specified in
1 22 subsection 1, paragraphs "f" through "h" have been met,
1 23 and that the determination cannot be made within the
1 24 thirty=day period.
1 25 c. The board may assess an applicant not otherwise
1 26 paying a fee or assessment to the board for the costs
1 27 incurred by the board during a review of an application
1 28 and affidavit under the circumstances described in
1 29 paragraph "b", and any additional costs incurred
1 30 resulting from a contested case proceeding requested
1 31 pursuant to chapter 17A.>
1 32 #4. By striking page 3, line 23, through page 4,
1 33 line 13, and inserting:
1 34 <6. a. If the holder of a certificate of franchise
1 35 authority fails to commence operation of a cable system
1 36 or video service network within twelve months from
1 37 the date the application is granted, the board may
1 38 determine that the applicant is not in compliance with
1 39 the certificate of franchise authority and may revoke
1 40 the certificate.
1 41 b. If a certificate is revoked pursuant to this
1 42 subsection, and if the franchise agreement previously
1 43 in effect between an incumbent cable provider and
1 44 the municipality would have remained in effect for
1 45 at least a sixty=day period prior to expiration, the
1 46 previous franchise agreement shall be reinstated for
1 47 the duration of the previous agreement. The incumbent
1 48 cable provider shall comply with the terms of the prior
1 49 franchise agreement within ninety days of notification
1 50 by the board. This paragraph is applicable to an
2 1 incumbent cable provider who has not been issued a
2 2 certificate of franchise authority pursuant to section
2 3 477A.2, subsection 6, as of the effective date of this
2 4 Act.
2 5 7. a. In the event that an applicant granted
2 6 a certificate of franchise authority subsequently
2 7 ceases to engage in construction or operation of
2 8 a cable system or video service network and is no
2 9 longer providing service, the applicant shall notify
2 10 the municipality, the board, and the incumbent cable
2 11 provider on the date that construction or service is
2 12 terminated.
2 13 b. If the franchise agreement previously in
2 14 effect between an incumbent cable provider and the
2 15 municipality would have remained in effect for at
2 16 least a sixty=day period prior to expiration, the
2 17 previous franchise agreement shall be reinstated for
2 18 the duration of the previous agreement. The incumbent
2 19 cable provider shall comply with the terms of the prior
2 20 franchise agreement within ninety days of notification
2 21 by the applicant. This paragraph is applicable to an
2 22 incumbent cable provider who has not been issued a
2 23 certificate of franchise authority pursuant to section
2 24 477A.2, subsection 6, as of the effective date of this
2 25 Act.>
STEVE WARNSTADT
SF2324.1571 (1) 83
rn/nh
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