ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1528: video service providers; license |
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PRIME SPONSOR: Senator Carter, LD 15 BILL STATUS: Caucus & COW |
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Modifies regulations relating to video
service providers (VSP).
History
A video service provider is any person that provides or offers to provide a video service to subscribers over a video service network. A VSP includes an incumbent cable operator that elected to terminate its local license and a multichannel video programming distributor. A holdover cable operator is not considered a VSP (A.R.S. § 9-1401).
Pursuant to A.R.S. § 9-1411, beginning January 1, 2020, a VSP must obtain a uniform video service license to construct and operate a video service network in any service area within the local government's boundaries. To obtain the license, a VSP must submit an application to the local government of such service area. A VSP may be required to pay a license fee based on the gross revenue received from its subscribers (A.R.S. § 9-1443). However, other than the license fee and transaction privilege taxes, a local government is prohibited from levying a tax, rent, fee or charge for the use of the highways to provide video service or on the privilege of engaging in the business of providing video service (A.R.S. § 9-1442).
Additionally, a local government may write a notice to audit the records of a video service provider to ensure the payment of license fees once every three years. The local government may not audit any period ending more than three years before the date the notice of audit was received.
If a violation of a license fee obligation occurs, a complaint cannot be filed until a written demand is made. The complaint must be filed within four months to two years of the written demand (A.R.S § 9-1445).
Provisions
1. Includes the requirement for a VSP to comply with all local laws relating to letters of credit in the uniform video service license agreement. (Sec. 1)
2. Increases the time frame for a local government to issue a uniform video service license, from 30 days to 45 days, after an applicant files an application. (Sec. 3)
3. Removes the prohibition on a local government auditing any period that ends more than three years before the notice of audit is received. (Sec. 4)
4. Permits a local government to assess additional license fees within four years after the date which the fees were required to be paid. (Sec. 4)
5. Modifies the time frame for which a local government must file a complaint to within six months to three years, rather than within four months to two years, after a written demand is made. (Sec. 4)
6. Makes technical changes. (Sec. 1, 2)
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Fifty-fourth Legislature SB 1528
First Regular Session Version 2: Caucus & COW
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