Bill 4747

                    Current Status

Bill Number:               4747
Ratification Number:       654
Act Number                 533
Introducing Body:          House
Subject:                   Right-of-way usage fee deleted;
                           etc.

(A533, R654, H4747)

AN ACT TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISION FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO AMEND SECTION 58-12-130, RELATING TO CABLE TELEVISION, FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, THE ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT, SO AS TO DELETE CERTAIN PROVISIONS AND TO REQUIRE EACH CABLE TELEVISION COMPANY IN SOUTH CAROLINA TO MAKE AVAILABLE ONE SIX MEGAHERTZ CHANNEL FOR THE TRANSMISSIONS OF THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

Right-of-way usage fee deleted; etc.

SECTION 1. Section 58-12-90 of the 1976 Code is amended to read:

"Section 58-12-90. All cable television companies operating in the State shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission."

Provisions, reference deleted; provision of channel for S.C.E.T.V.

SECTION 2. Section 58-12-130 of the 1976 Code is amended to read:

"Section 58-12-130. (A) The South Carolina Department of Highways and Public Transportation may issue a general continuing permit to each cable television company operating in this State. Upon the reporting by the company of a proposed extension of its cable subject to this chapter and approval of the extension by the department, the permit applies to each extension. This authorization eliminates the necessity of the issuance of a permit for each extension.

(B) Each cable television company in this State shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission.

(C) The department may initiate appropriate legal action to enforce the permit requirements of this section against nonpermitted cable encroachment located within state highway rights-of-way."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1990.