Iowa Admin. Code r. 199-44.3 - [Effective until 4/9/2025] Certificate of franchise authority
As provided in 2007 Iowa Acts, Senate File 554, section 3,
after July 1, 2007, a person shall not provide cable service or video service
in Iowa without a franchise. The franchise may be issued by either the
(1)
Existing franchise
agreements. A person providing cable service or video service pursuant
to a franchise agreement with a municipality in effect before July 1, 2007, is
not subject to the requirement to obtain a franchise with respect to such
municipality until the franchise agreement expires or, in the case of an
incumbent cable provider, until the franchise is converted to a certificate of
franchise authority issued by the commission . Upon expiration of a franchise, a
person may choose to renegotiate a franchise agreement with a municipality or
may apply for a certificate of franchise authority from the commission . An
application for a certificate of franchise authority from a person subject to
an existing municipal franchise agreement may be filed within 60 days prior to
the expiration of the agreement and, if granted, shall take effect upon the
expiration date of the agreement.
(2)
Municipal utilities. A
municipal utility that provides cable service or video service in Iowa is not
required to obtain a certificate of franchise authority in the municipality in
which the provision of cable service or video service by the municipality was
originally approved.
(3)
Initial application. Within 30 calendar days after receiving
an application and affidavit from an applicant using a form developed by and
available from the commission , the commission shall issue a certificate of
franchise authority or notify the applicant that the application is incomplete.
The commission shall not issue a certificate of franchise authority to an
applicant unless the commission finds that all of the following requirements
have been met. If the commission needs additional information to determine
whether the requirements in paragraphs "g," "h" and
"i" are met and that determination cannot be made within the
initial 30-day period, the commission may docket the application for further
review and take an additional 60 calendar days to make that determination. The
application must be signed by an officer or general partner of the applicant
and shall provide the following information:
a. A statement that the applicant has filed
or will timely file with the Federal Communications Commission (FCC) all forms
required by the FCC in advance of offering cable service or video service in
Iowa.
b. A statement that the
applicant agrees to comply with all applicable federal and state statutes,
regulations, and rules.
c. A
statement that the applicant agrees to comply with all applicable state laws
and nondiscriminatory municipal ordinances and regulations regarding the use
and occupation of a public rightof-way in the delivery of the cable service or
video service, including the police powers of the municipalities in which the
service is delivered.
d. A
description of the service area to be served and the municipalities to be
served by the applicant, including descriptions of unincorporated areas, if
applicable. The service area description must be sufficiently detailed to
enable the commission to ascertain the boundaries of the applicant's proposed
service area. Applicants certificated by the commission as local exchange
carriers pursuant to Iowa Code section
476.29 may choose to refer to
descriptions (including maps) of local exchange service areas on file with the
commission .
e. The address of the
applicant's principal place of business and the names and titles of the
applicant's principal executive officers with direct authority over and
responsibility for the applicant's cable or video operations.
f. The telephone number for customer service
contact.
g. Documentation that the
applicant possesses sufficient managerial, technical, and financial capability
to provide the cable service or video service proposed in the service area. An
applicant or its subsidiary which has a commission -issued certificate of public
convenience and necessity to provide telephone service pursuant to Iowa Code
section 476.29 shall be exempt from the
provisions of this paragraph.
h.
Copies of advertisements or news releases announcing the applicant's intent to
provide cable service or video service in the service area intended for release
if the certificate of franchise authority is granted. If such items are not
available at the time the application is filed, the applicant shall file copies
with the commission when they become available.
i. A schedule of dates by which the applicant
intends to commence operation in each municipality proposed to be served within
the service area. The applicant shall file timely updates to this schedule to
maintain accuracy.
(4)
Content of certificate. A certificate of franchise authority
issued by the commission shall contain all of the following:
a. A grant of authority to provide cable
service or video service in the service area designated in the
application;
b. A grant of
authority to use and occupy the public right-of-way in the delivery of cable
service or video service, subject to the laws of Iowa, including the police
powers of the municipalities in which the service is delivered;
c. A statement that the grant of authority
provided by the certificate is subject to the lawful operation of the cable
service or video service by the applicant or the applicant's successor;
and
d. A statement that the
franchise is for a term of ten years, is renewable, and is
nonexclusive.
(5)
Modification of service area. At least 14 days before
expanding cable service or video service to a previously undesignated service
area or making any other change to its previously designated service area, the
holder of a certificate of franchise authority shall update the description of
its service area on file with the commission and shall notify the commission of
the effective date of the expansion or other change in service area using a
form developed by and available from the commission . The commission will
acknowledge receipt of a notice of service area modification by
letter.
(6)
Transfer of
certificate of franchise authority. The holder of a certificate of
franchise authority may transfer the certificate to any successor by filing a
notice of transfer with the commission and each affected municipality using a
form developed by and available from the commission . The notice of transfer
shall include the address of the successor's principal place of business and
the names and titles of the successor's principal executive officers with
direct authority over and responsibility for the successor's cable or video
operations. A notice of transfer shall be effective on the date which is the
later of (1) 14 business days after the date of filing of the notice of
transfer with the commission or (2) the effective date of transfer as
designated by the certificate holder, provided such date is not less than 14
business days after the date the notice of transfer is filed with the
commission , unless the certificate holder files a notice of rescheduling of the
transfer and provides a copy of such notice to each affected municipality. As
of the effective date of the transfer, the successor shall assume all
regulatory rights and responsibilities of the holder of the certificate. The
commission will acknowledge receipt of a notice of transfer by
letter.
(7)
Termination of
certificate of franchise authority. The holder of a certificate of
franchise authority may terminate the certificate by providing written notice
of the effective date of termination to the commission and to each affected
municipality using a form developed by and available from the commission . The
commission will acknowledge receipt of a notice of termination by
letter.
(8)
Updates. The holder of a certificate of franchise authority
shall notify the commission of any change in the name of the entity holding the
certificate, contact personnel, principal executive officers, address of
principal place of business, telephone number, and customer service contact
information by sending a letter to the commission specifying the change and
certificate number. The notice shall be provided within 14 days after the
effective date of the change.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
As provided in 2007 Iowa Acts, Senate File 554, section 3, after July 1, 2007, a
(1) Existing franchise agreements. A person providing cable service or video service pursuant to a franchise agreement with a municipality in effect before July 1, 2007, is not subject to the requirement to obtain a franchise with respect to such municipality until the franchise agreement expires or, in the case of an incumbent cable provider , until the franchise is converted to a certificate of franchise authority issued by the commission . Upon expiration of a franchise , a person may choose to renegotiate a franchise agreement with a municipality or may apply for a certificate of franchise authority from the commission . An application for a certificate of franchise authority from a person subject to an existing municipal franchise agreement may be filed within 60 days prior to the expiration of the agreement and, if granted, shall take effect upon the expiration date of the agreement.
(2) Municipal utilities. A municipal utility that provides cable service or video service in Iowa is not required to obtain a certificate of franchise authority in the municipality in which the provision of cable service or video service by the municipality was originally approved.
(3) Initial application. Within 30 calendar days after receiving an application and affidavit from an applicant using a form developed by and available from the commission , the commission shall issue a certificate of franchise authority or notify the applicant that the application is incomplete. The commission shall not issue a certificate of franchise authority to an applicant unless the commission finds that all of the following requirements have been met. If the commission needs additional information to determine whether the requirements in paragraphs "g," "h" and "i" are met and that determination cannot be made within the initial 30-day period, the commission may docket the application for further review and take an additional 60 calendar days to make that determination. The application must be signed by an officer or general partner of the applicant and shall provide the following information:
a. A statement that the applicant has filed or will timely file with the Federal Communications Commission (FCC) all forms required by the FCC in advance of offering cable service or video service in Iowa.
b. A statement that the applicant agrees to comply with all applicable federal and state statutes, regulations, and rules.
c. A statement that the applicant agrees to comply with all applicable state laws and nondiscriminatory municipal ordinances and regulations regarding the use and occupation of a public rightof-way in the delivery of the cable service or video service , including the police powers of the municipalities in which the service is delivered.
d. A description of the service area to be served and the municipalities to be served by the applicant, including descriptions of unincorporated areas, if applicable. The service area description must be sufficiently detailed to enable the commission to ascertain the boundaries of the applicant's proposed service area. Applicants certificated by the commission as local exchange carriers pursuant to Iowa Code section 476.29 may choose to refer to descriptions (including maps) of local exchange service areas on file with the commission .
e. The address of the applicant's principal place of business and the names and titles of the applicant's principal executive officers with direct authority over and responsibility for the applicant's cable or video operations.
f. The telephone number for customer service contact.
g. Documentation that the applicant possesses sufficient managerial, technical, and financial capability to provide the cable service or video service proposed in the service area. An applicant or its subsidiary which has a commission -issued certificate of public convenience and necessity to provide telephone service pursuant to Iowa Code section 476.29 shall be exempt from the provisions of this paragraph.
h. Copies of advertisements or news releases announcing the applicant's intent to provide cable service or video service in the service area intended for release if the certificate of franchise authority is granted. If such items are not available at the time the application is filed, the applicant shall file copies with the commission when they become available.
i. A schedule of dates by which the applicant intends to commence operation in each municipality proposed to be served within the service area. The applicant shall file timely updates to this schedule to maintain accuracy.
(4) Content of certificate. A certificate of franchise authority issued by the commission shall contain all of the following:
a. A grant of authority to provide cable service or video service in the service area designated in the application;
b. A grant of authority to use and occupy the public right-of-way in the delivery of cable service or video service , subject to the laws of Iowa, including the police powers of the municipalities in which the service is delivered;
c. A statement that the grant of authority provided by the certificate is subject to the lawful operation of the cable service or video service by the applicant or the applicant's successor; and
d. A statement that the franchise is for a term of ten years, is renewable, and is nonexclusive.
(5) Modification of service area. At least 14 days before expanding cable service or video service to a previously undesignated service area or making any other change to its previously designated service area, the holder of a certificate of franchise authority shall update the description of its service area on file with the commission and shall notify the commission of the effective date of the expansion or other change in service area using a form developed by and available from the commission . The commission will acknowledge receipt of a notice of service area modification by letter.
(6) Transfer of certificate of franchise authority . The holder of a certificate of franchise authority may transfer the certificate to any successor by filing a notice of transfer with the commission and each affected municipality using a form developed by and available from the commission . The notice of transfer shall include the address of the successor's principal place of business and the names and titles of the successor's principal executive officers with direct authority over and responsibility for the successor's cable or video operations. A notice of transfer shall be effective on the date which is the later of (1) 14 business days after the date of filing of the notice of transfer with the commission or (2) the effective date of transfer as designated by the certificate holder, provided such date is not less than 14 business days after the date the notice of transfer is filed with the commission , unless the certificate holder files a notice of rescheduling of the transfer and provides a copy of such notice to each affected municipality. As of the effective date of the transfer, the successor shall assume all regulatory rights and responsibilities of the holder of the certificate. The commission will acknowledge receipt of a notice of transfer by letter.
(7) Termination of certificate of franchise authority . The holder of a certificate of franchise authority may terminate the certificate by providing written notice of the effective date of termination to the commission and to each affected municipality using a form developed by and available from the commission . The commission will acknowledge receipt of a notice of termination by letter.
(8) Updates. The holder of a certificate of franchise authority shall notify the commission of any change in the name of the entity holding the certificate, contact personnel, principal executive officers, address of principal place of business, telephone number, and customer service contact information by sending a letter to the commission specifying the change and certificate number. The notice shall be provided within 14 days after the effective date of the change.