HB 2168 -- Cable Television Service

Sponsor:  Burton

This bill prohibits political subdivisions that provide cable
service from discriminating against private cable service
providers.  Violations free private service providers from any
obligation to comply with the discriminatory requirements.
Political subdivisions also may not unreasonably withhold a
request from a cable service provider to transfer, modify, or
renew an existing franchise.

Political subdivisions may not provide cable service outside
their boundaries to more than half the number of customers they
serve within their boundaries.  They may jointly own and operate
head-end equipment if the costs are shared among the political
subdivisions in proportion to their respective populations.

Political subdivisions must provide notice of their initial
intent to use public funds to develop a cable system or to
provide service over a cable system.  The notice must be sent by
receipted delivery at least 45 days in advance to anyone with an
existing franchise or a pending application to provide cable
service within the political subdivision.  Ordinances or orders
authorizing a political subdivision to provide cable service must
include a financial plan and cannot take effect for at least 30
days after enactment.  Within the 30-day period, residents may
call for a referendum by submitting a petition signed by 10% of
the voters in the political subdivision.  Political subdivisions
that provide cable service must publish annual financial reports.

Disputes between political subdivisions and cable service
providers may be subject to civil action.  Disputes may first be
submitted to arbitration if all parties agree.  Each party
selects an arbitrator, and these arbitrators select a third
arbitrator.  Findings of the panel must be issued within 120 days
and are not binding, but are admissible evidence in any civil
action.  Parties may agree to a binding settlement at any time.
The party that does not prevail in any civil action is liable for
all court costs and reasonable attorney fees.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am