Okla. Stat. tit. 11, § 11-22-107.1

A. A municipality may by ordinance or otherwise grant a

certificate, license, permit or franchise for the operation of a

video services system, unless such authority is already provided for

by law. Any certificate, license, permit or franchise granted

pursuant to this section shall constitute a bargained contract

between the municipality and the video services provider and shall

provide for a consideration payment to the municipality as rental

for the privileges granted to the provider to use the public ways

and grounds within the municipality in furtherance of its video

services business. The rental payment shall be set at the amount

bargained between the municipality and the video services provider

but shall not exceed five percent (5%) of the annual gross revenues

derived by the video services provider from the provision of video

services within the municipality. Any certificate, license, permit

or franchise issued by the governing body shall be nonexclusive and

shall not exceed a period of twenty-five (25) years and may be

revocable by the governing body if the body determines that the

holder of the certificate, license, permit or franchise has

willfully failed or neglected to perform duties pursuant to the

terms of the grant of the certificate, license, permit or franchise.

Nothing herein shall limit the authority of a municipality to comply

with state or federal law.

B. In the event a municipality grants an overlapping

certificate, license, permit or franchise for video services within

its jurisdiction on terms or conditions more favorable or less

burdensome than those in any existing certificate, license, permit

or franchise within the municipality the holder of the existing

Oklahoma Statutes - Title 11. Cities and Towns Page 155

certificate, license, permit or franchise shall be entitled, upon

written notice to the municipality, to adopt the terms in the

overlapping certificate, license, permit or franchise that are more

favorable or less burdensome than those in the existing certificate,

license, permit or franchise and the adopted terms shall become

enforceable by the municipality.

C. In addition to any other authority granted to municipalities

by this section or other applicable law, a municipality may also

adopt an ordinance regulating a video services system pursuant to

its police power. No municipal provisions regulating a video

services system may be adopted which are inconsistent with either

state or federal law or with the terms and conditions of the

certificate, license, permit or franchise bargained by the

municipality and the video services provider.

D. In awarding or renewing a certificate, license, permit or

franchise for video services, a municipality may require adequate

assurance that the video services system provider will provide

adequate public, educational, and governmental access channel

capacity, facilities or financial support. A video services system

provider may, at its sole option, provide a “family-friendly” tier

of video services in lieu of channel capacity, facilities, or

financial support for public access as a condition of any

certificate, license, permit or franchise for video services or

renewal thereof. Nothing herein shall affect any channel capacity,

facilities, or financial support for educational or governmental

access contained in any certificate, license, permit or franchise

for video services or renewal thereof.

E. A “family-friendly” tier of services is a group of channels,

offered to customers pursuant to Federal Communications Commission

(FCC) regulations, that primarily contains programming with a

television viewing rating of TV-Y, TV-Y7 or TV-G.

F. “Video services” means video programming, including cable

services, provided through wireline facilities owned, controlled,

constructed, or operated by the provider of such video service and

located at least in part in the public rights-of-way without regard
nications Commission

(FCC) regulations, that primarily contains programming with a

television viewing rating of TV-Y, TV-Y7 or TV-G.

F. “Video services” means video programming, including cable

services, provided through wireline facilities owned, controlled,

constructed, or operated by the provider of such video service and

located at least in part in the public rights-of-way without regard

to the delivery technology, including Internet protocol technology.

Video services shall not include:

1. Video programming provided by a commercial mobile service

provider as defined in 47 U.S.C., Section 332(d)(1);

2. Direct-to-home satellite services as defined in 47 U.S.C.,

Section 303(v) that are transmitted from a satellite directly to a

customer’s premises without using or accessing any portion of the

public right-of-way; or

3. Video programing accessed via a service that enables users

to access content, information, electronic mail, messaging and other

services offered over the Internet, including streaming content.

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