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Section 58-12-5. Purpose; findings and preemption as to cable and video service.

SC Code § 58-12-5 (2019) (N/A)
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(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' ".

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Section 58-12-5. Purpose; findings and preemption as to cable and video service.