11-1911. Counties; uniform video service license agreement; forms; provisions

A. From and after December 31, 2019, a county has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries.

B. Not later than August 27, 2019, each county shall adopt a standard form of uniform video service license agreement for video service providers to be used by the county and a standard form of application and affidavit as described in section 11-1914. A county shall prescribe other forms only as necessary to implement this chapter.

C. The uniform video service license agreement adopted under subsection B of this section must include all of the following provisions in substantially the following form and may not include any other provisions:

1. The name of the video service provider, its type of entity and its jurisdiction of formation.

2. The address and telephone number of the video service provider's principal place of business.

3. The name and address of the video service provider's principal executive officers or general partners and any persons authorized to represent the video service provider before the county.

4. If the video service provider is not an incumbent cable operator, the date on which the provider expects to provide video service in the area identified under paragraph 5 of this subsection.

5. An exact description of the service area to be served, as identified by a geographic information system digital boundary that meets or exceeds national map accuracy standards.

6. A requirement that the video service provider pay the license fees required under this chapter and all other lawful fees and charges imposed by the county.

7. A requirement that the video service provider file in a timely manner with the federal communications commission all forms required by that agency before offering video service in the service area, including the forms required by 47 Code of Federal Regulations section 76.1801.

8. A requirement that the video service provider agrees to comply with and be subject to all valid and enforceable federal and state laws.

9. A requirement that the video service provider agrees to comply with all generally applicable, nondiscriminatory local laws, including highway use, mapping, insurance, performance bonds, security fund, indemnification or similar requirements that apply to the use and occupation of any highway and that conform to this chapter.

10. A requirement that the video service provider comply with the public, education and government programming requirements of this chapter.

11. A requirement that the video service provider comply with all customer service rules of the federal communications commission under 47 Code of Federal Regulations section 76.309(c) applicable to cable operators.

12. A requirement that the video service provider comply with the consumer privacy requirements of 47 United States Code section 551 applicable to cable operators.

13. A grant of authority by the county to provide video service in the service area as described under paragraph 5 of this subsection.

14. A grant of authority by the county to use and occupy the highways in the delivery of the video service, subject to the laws of this state and the police powers of the county.

15. The term of the uniform video service license.

16. A requirement that the parties to the agreement are subject to and must comply with this chapter.

D. Except as otherwise provided in this chapter, from and after December 31, 2019 a person may not act as a video service provider or construct or operate a video service network within the boundaries of a county without first having been issued and continuing to hold a uniform video service license with a service area encompassing the boundaries.

E. A local license shall remain enforceable in accordance with its terms until terminated under section 11-1912, subsection B.