Iowa Admin. Code r. 199-44.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 199-44.6 - Revocation of certificates, termination of service, reinstatement of previously terminated municipal franchises

(1)Certificate holder fails to commence operation. If a certificate holder fails to commence operation of the cable service or video service proposed in its application within 12 months from the date the commission granted the certificate holder's application, the commission may determine that the certificate holder is not in compliance with the certificate and may revoke the certificate. The commission shall notify any incumbent cable operator affected by the revocation.

(2)Reinstatement of previously terminated municipal franchise upon revocation. In the event a certificate is revoked as provided in subrule 44.6(1), the municipal franchise agreement which was in effect between the incumbent cable provider and municipality before being terminated pursuant to Iowa Code section 477A.2(6) and rule 199-44.5 (17A,476,477A) after the certificate holder filed its notice of intent to provide service shall be reinstated for the remaining duration of the municipal franchise agreement, provided that the agreement would have remained in effect for at least 60 days prior to termination and provided that the municipal franchise agreement was terminated after April 12, 2010. Within 90 days of receiving notice from the commission that a certificate has been revoked as provided in subrule 44.6(1), the incumbent cable provider shall comply with the terms of the previous municipal franchise agreement.

(3)Certificate holder ceases to provide service. In the event a certificate holder ceases to engage in construction or ceases operation of a cable system or video service network and is no longer providing service, the certificate holder shall notify the affected municipality, the commission, and the incumbent cable provider on the date that construction or service is terminated. If the municipal franchise agreement which was in effect between the incumbent cable provider and the municipality before being terminated pursuant to Iowa Code section 477A.2(6) and rule 199-44.5 (17A,476,477A) after the certificate holder filed its notice of intent to provide service would have remained in effect for at least 60 days prior to termination and was terminated after April 12, 2010, the agreement shall be reinstated and shall be in effect for the remaining term of that agreement. The incumbent cable provider shall comply with the terms of the previous municipal franchise agreement within 90 days of notification by the certificate holder that it has ceased construction of a cable system or video service network or is no longer providing services.

Iowa Admin. Code r. 199-44.6

ARC 9494B, lAB 5/4/11, effective 6/8/11

Editorial change: IAC Supplement 7/24/2024