9-1402. State preemption; uniform regulation and licensing

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern. Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation by a local government. The regulation of video service pursuant to this chapter, including application to the local licenses of incumbent cable operators, is reasonable and necessary to promote all of the following:

1. Provision of competitive video, telecommunications and information service throughout this state.

2. More uniform regulation of competitive video service throughout this state.

3. Streamlined licensing by local governments and more uniform terms and conditions for video service providers that use highways to provide video and other services over video service networks.

4. Continued management by local governments of use of their highways with reasonable burdens on construction and maintenance across boundaries between local governments for video service providers to use highways to provide video and other services over video service networks.

5. Continued levying of license fees by local governments on subscriber service revenues derived from operating video service networks to provide video service.

6. Support for federal subscriber service standards.

B. To the fullest extent allowed by federal law, this chapter occupies the entire field of licensing and regulation of video service.

C. Except as otherwise provided in this chapter, from and after December 31, 2019 this chapter preempts and limits the ability of a local government to regulate or enforce all of the following:

1. The Application of chapter 5, article 1.1 of this title to video service providers.

2. Any local law and any agreement with a local government that does any of the following:

(a)    Requires a person other than a holdover cable operator to obtain or hold from a local government any license, permit or similar authorization that is a prerequisite to providing video service or to constructing, maintaining or using the highways to operate a video service network in the highways within its boundaries.

(b)    Regulates the provision of video service or the construction or operation of a video service network if the local law does not conform to this chapter.

(c) Imposes on a video service provider any requirement that is related to infrastructure, facilities or deployment of equipment that does not conform to this chapter, including office location, institutional network, build-out, line extension, investment or other operational requirements that are not directly related to the local government's management of the highways.

(d)    Requires a video service provider to obtain a license or other authorization from the local government to provide telecommunications service, information service, interactive computer service or other service if the video service provider uses its video service network within the boundaries of the local government to provide the service.

(e)    Requires a video service provider to pay to locate in ducts or conduits or on poles owned by the local government if the local government requires installation in the ducts or conduits or on the poles.