House Amendment 1
H 3782 - Session 125 (2023-2024)
Certificate of Franchise Authority, definitions

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-3782.HA0007H):

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

SECTION X. Section 58-12-300(1), (6)(h), and (10) of the S.C. Code is amended to read:

 (1)(a) "Cable service" is defined as set forth in 47 U.S.C. Section 522(6).
  (b) For purposes of Chapter 12, Title 58 only, "cable service" does not include any video programming accessed via a service that enables end users to access content, information, electronic mail, or other service offered over the Internet, including streaming video content, regardless of the provider of such Internet access services.

   (h) any revenues from services provided over the network that are associated with or classified as noncable or nonvideo services under federal law, including, without limitation, revenues received from telecommunications services, information services, Internet access services, streaming services, directory or Internet advertising revenue (including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising). Where the sale of any such noncable or nonvideo service is bundled with the sale of any cable or video service or services and sold for a single nonitemized price, the term "gross revenues" shall include only those revenues that are attributable to cable or video services based on the provider's books and records, such revenues to be allocated in a manner consistent with Generally Accepted Accounting Principles;

 (10)(a) "Video service" means video programming services provided through wireline facilities located at least in part in the public rights-of-way rights of way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider as defined in 47 U.S.C. Section 332(d), video programming provided via a cable service, or any video programming provided as part of, and accessed via, a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet.
  (b) For purposes of Chapter 12, Title 58 regarding a local franchise fee, "video service " also means video programming services provided by a video service provider through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including Internet protocol technology and does not include any direct-to-home satellite services as defined in 47 U.S.C. Section 303(v), or streaming video content, regardless of the provider of such Internet access services.

SECTION X. Section 58-9-2200(2) of the S.C. Code is amended to read:

 (2) "Retail telecommunications service" includes telecommunications services as defined in item (1) of this section but shall not include:
  (a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
   (i) carrier access charges;
   (ii) right of access charges;
   (iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
   (iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
   (v) charges for the sale of unbundled network elements;
   (vi) charges for the use of intercompany facilities; and
   (vii) charges for services provided by shared, not-for-profit public safety radio systems approved by the FCC;
  (b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
  (c) cable or video services that are subject to franchise fees;
  (d) satellite television broadcast services.;
  (e) video programming accessed via a service that enables end users to access content, information, electronic mail, or other services offered over the Internet, including streaming video content, regardless of the provider of such Internet access services; provided, however, that this exception does not include Voice over Internet Protocol service. This item (e) only applies to Article 20, Chapter 9, Title 58 of the South Carolina Code of Laws.