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

Senator Hutto proposes the following amendment (SJ-3782.PB0012S):

Amend the bill, as and if amended, SECTION 1, by striking Section 58-12-300(1)(b) and inserting:

  (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 services offered over the Internet, including streaming video content, regardless of the provider of the Internet access services.

Amend the bill further, SECTION 1, by striking Section 58-12-300(10)(a) and (b) and inserting:

 (10)(a) "Video service" means video programming services provided by a video service provider 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), any 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, including streaming video content, regardless of the provider of the Internet access services.
  (b) For purposes of Chapter 12, Title 58 only, "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).

Amend the bill further, SECTION 2, by striking Section 58-9-2200(2)(e) and inserting:

  (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 the 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.