§ 66‑355. Effect onexisting local franchise agreement.
(a) Existing Agreement. This Article does not affect an existing agreement except as follows:
(1) Effective January 1,2007, gross revenue used to calculate the payment of the franchise tax imposedby G.S. 153A‑154 or G.S. 160A‑214 does not include gross receiptsfrom cable service subject to sales tax under G.S. 105‑164.4. Thisexclusion does not otherwise affect the calculation of gross revenue and thepayment to counties and cities of franchise tax revenue under existingagreements that have not been terminated under subsection (b) of this section.
(2) A cable serviceprovider under an existing agreement that is in effect on January 1, 2007, mayterminate the agreement in accordance with subsection (b) of this section inany of the following circumstances:
a. A notice of servicefiled under G.S. 66‑352 indicates that one or more households in thefranchise area of the existing agreement are passed by both the cable serviceprovider under the existing agreement and the holder of a State‑issuedfranchise.
b. As of January 1,2007, a county or city has an existing agreement with more than one cableservice provider for substantially the same franchise area and at least twenty‑fivepercent (25%) of the households in the franchise areas of the existingagreements are passed by more than one cable service provider.
c. A person provideswireline competition in the franchise area of the existing agreement byoffering video programming over wireline facilities to single family householdsby a method that does not require a franchise under this Article. A notice oftermination filed on the basis of wireline competition must include evidence ofthe competition in providing video programming service, such as an advertisementannouncing the availability of the service, the acceptance of an order for theservice, and information on the provider's Web site about the availability ofthe service. A county or city is allowed 60 days to review the evidence. Theeffective date of the termination is tolled during this review period. At theend of this period, the termination proceeds unless the county or city hasobtained an order enjoining the termination based on the cable serviceprovider's failure to establish the existence of wireline competition in itsfranchise area.
(3) A cable serviceprovider under an existing agreement that expired before January 1, 2007, mayobtain a State‑issued franchise. The provider does not have to terminatethe agreement in accordance with subsection (b) of this section because theagreement has expired.
(b) Termination. Toterminate an existing agreement, a cable service provider must file a notice oftermination with the affected county or city and file a notice of franchisewith the Secretary. A termination of an existing agreement becomes effective atthe end of the month in which the notice of termination is filed with theaffected county or city. A termination of an existing agreement ends theobligations under the agreement and under any local cable regulatory ordinancethat specifically authorizes the agreement as of the effective date of thetermination but does not affect the rights or liabilities of the county orcity, a taxpayer, or another person arising under the existing agreement orlocal ordinance before the effective date of the termination. (2006‑151, s. 1.)
§ 66‑355. Effect onexisting local franchise agreement.
(a) Existing Agreement. This Article does not affect an existing agreement except as follows:
(1) Effective January 1,2007, gross revenue used to calculate the payment of the franchise tax imposedby G.S. 153A‑154 or G.S. 160A‑214 does not include gross receiptsfrom cable service subject to sales tax under G.S. 105‑164.4. Thisexclusion does not otherwise affect the calculation of gross revenue and thepayment to counties and cities of franchise tax revenue under existingagreements that have not been terminated under subsection (b) of this section.
(2) A cable serviceprovider under an existing agreement that is in effect on January 1, 2007, mayterminate the agreement in accordance with subsection (b) of this section inany of the following circumstances:
a. A notice of servicefiled under G.S. 66‑352 indicates that one or more households in thefranchise area of the existing agreement are passed by both the cable serviceprovider under the existing agreement and the holder of a State‑issuedfranchise.
b. As of January 1,2007, a county or city has an existing agreement with more than one cableservice provider for substantially the same franchise area and at least twenty‑fivepercent (25%) of the households in the franchise areas of the existingagreements are passed by more than one cable service provider.
c. A person provideswireline competition in the franchise area of the existing agreement byoffering video programming over wireline facilities to single family householdsby a method that does not require a franchise under this Article. A notice oftermination filed on the basis of wireline competition must include evidence ofthe competition in providing video programming service, such as an advertisementannouncing the availability of the service, the acceptance of an order for theservice, and information on the provider's Web site about the availability ofthe service. A county or city is allowed 60 days to review the evidence. Theeffective date of the termination is tolled during this review period. At theend of this period, the termination proceeds unless the county or city hasobtained an order enjoining the termination based on the cable serviceprovider's failure to establish the existence of wireline competition in itsfranchise area.
(3) A cable serviceprovider under an existing agreement that expired before January 1, 2007, mayobtain a State‑issued franchise. The provider does not have to terminatethe agreement in accordance with subsection (b) of this section because theagreement has expired.
(b) Termination. Toterminate an existing agreement, a cable service provider must file a notice oftermination with the affected county or city and file a notice of franchisewith the Secretary. A termination of an existing agreement becomes effective atthe end of the month in which the notice of termination is filed with theaffected county or city. A termination of an existing agreement ends theobligations under the agreement and under any local cable regulatory ordinancethat specifically authorizes the agreement as of the effective date of thetermination but does not affect the rights or liabilities of the county orcity, a taxpayer, or another person arising under the existing agreement orlocal ordinance before the effective date of the termination. (2006‑151, s. 1.)
§ 66‑355. Effect onexisting local franchise agreement.
(a) Existing Agreement. This Article does not affect an existing agreement except as follows:
(1) Effective January 1,2007, gross revenue used to calculate the payment of the franchise tax imposedby G.S. 153A‑154 or G.S. 160A‑214 does not include gross receiptsfrom cable service subject to sales tax under G.S. 105‑164.4. Thisexclusion does not otherwise affect the calculation of gross revenue and thepayment to counties and cities of franchise tax revenue under existingagreements that have not been terminated under subsection (b) of this section.
(2) A cable serviceprovider under an existing agreement that is in effect on January 1, 2007, mayterminate the agreement in accordance with subsection (b) of this section inany of the following circumstances:
a. A notice of servicefiled under G.S. 66‑352 indicates that one or more households in thefranchise area of the existing agreement are passed by both the cable serviceprovider under the existing agreement and the holder of a State‑issuedfranchise.
b. As of January 1,2007, a county or city has an existing agreement with more than one cableservice provider for substantially the same franchise area and at least twenty‑fivepercent (25%) of the households in the franchise areas of the existingagreements are passed by more than one cable service provider.
c. A person provideswireline competition in the franchise area of the existing agreement byoffering video programming over wireline facilities to single family householdsby a method that does not require a franchise under this Article. A notice oftermination filed on the basis of wireline competition must include evidence ofthe competition in providing video programming service, such as an advertisementannouncing the availability of the service, the acceptance of an order for theservice, and information on the provider's Web site about the availability ofthe service. A county or city is allowed 60 days to review the evidence. Theeffective date of the termination is tolled during this review period. At theend of this period, the termination proceeds unless the county or city hasobtained an order enjoining the termination based on the cable serviceprovider's failure to establish the existence of wireline competition in itsfranchise area.
(3) A cable serviceprovider under an existing agreement that expired before January 1, 2007, mayobtain a State‑issued franchise. The provider does not have to terminatethe agreement in accordance with subsection (b) of this section because theagreement has expired.
(b) Termination. Toterminate an existing agreement, a cable service provider must file a notice oftermination with the affected county or city and file a notice of franchisewith the Secretary. A termination of an existing agreement becomes effective atthe end of the month in which the notice of termination is filed with theaffected county or city. A termination of an existing agreement ends theobligations under the agreement and under any local cable regulatory ordinancethat specifically authorizes the agreement as of the effective date of thetermination but does not affect the rights or liabilities of the county orcity, a taxpayer, or another person arising under the existing agreement orlocal ordinance before the effective date of the termination. (2006‑151, s. 1.)
