Bill Text: AZ HB2269 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Wireless providers; structures; repeal
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-23 - Introduced in House and read first time [HB2269 Detail]
Download: Arizona-2022-HB2269-Introduced.html
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REFERENCE TITLE: wireless providers; structures; repeal |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2269 |
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Introduced by Representative Dalessandro
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AN ACT
Amending section 9-506, Arizona Revised Statutes; repealing title 9, chapter 5, article 8, arizona revised statutes; amending sections 9-1413 and 9-1442, Arizona Revised Statutes; repealing title 11, chapter 13, arizona revised statutes; amending sections 11-1913 and 11-1942, Arizona Revised Statutes; relating to wireless structures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-506, Arizona Revised Statutes, is amended to read:
9-506. Authority to issue license; limitations; permits for Wi-Fi radio equipment; definitions
A. For the purpose of authorizing and regulating the construction, operation and maintenance of cable television systems, the licensing authority of a city, including a charter city, or town for an incorporated area, or the licensing authority of the county for unincorporated areas, either individually or jointly by intergovernmental contract, may issue a license to any person to use public streets, roads and alleys and shall impose conditions, restrictions and limitations on the use of public streets, roads and alleys and on the construction, operation and maintenance of cable television systems.
B. Subject to the limitations of this section, a licensing authority may adopt resolutions or ordinances implementing and controlling the license or joint license, issue a license containing other terms and conditions and impose a license fee on gross revenues. In addition to the limitations of this section, the license is subject to the limits established by the communications act of 1934, as amended (47 United States Code sections 151 through 615b) and the federal communications commission.
C. Other than the license fee on gross revenues authorized by this article and transaction privilege taxes as provided in this subsection, a licensing authority may not levy a tax, rent, fee or charge, however denominated, on a cable operator for the use of the public streets, roads or alleys to provide cable service or levy a tax, fee or charge on the privilege of engaging in the business of providing cable service in the area of jurisdiction. Taxes, rents, fees and charges include all:
1. Access channel support except for in-kind services or payments as provided in subsection D of this section.
2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a cable operator's use of the public streets, roads and alleys, including the use authorized by subsection I of this section. This subsection does not prohibit a licensing authority from levying fees and charges on a cable operator or its affiliates for microcell equipment pursuant to section 9-584 or for small wireless facilities pursuant to article 8 of this chapter or title 11, chapter 13, article 1 without an offset for license fees. In addition, the following apply:
(a) Any transaction privilege taxes otherwise authorized by law to be levied on the business of providing cable service or in relation to use of the public streets, roads or alleys to provide cable service may be levied on a cable operator if the taxes are levied only on gross revenues and the rate of the taxes is subject to subdivision (c) of this paragraph. This subsection does not authorize the imposition of imposing transaction privilege taxes on interstate telecommunications services.
(b) The license fee and any transaction privilege taxes levied on gross revenues constitute a franchise fee within the meaning of 47 United States Code section 542(g)(1).
(c) Under no circumstances may the total of the rates of the license fee and of any transaction privilege taxes on gross revenues levied or assessed by a licensing authority for the privilege of providing cable service and related use of the public streets, roads or alleys to provide cable service exceed a rate of five percent, except during the transition period for certain licenses as provided in subsection H of this section.
(d) A cable operator shall pass on to subscribers any reduction in the amount of fees, taxes or other charges paid by a cable operator and itemized to subscribers that results from the implementation of the amendment to this section effective on September 21, 2006.
D. A licensing authority may not require a cable operator to provide in-kind services, make in-kind payments or pay a fee in addition to the monetary license fee levied or assessed as provided in this section as part of or as a condition of issuing a license to provide cable service, except that:
1. A licensing authority may require a cable operator to provide channel capacity to transmit programming over which the cable operator exercises no editorial control except as authorized by 47 United States Code section 531(e). The channel capacity shall be limited to not more than two channels of public, educational or governmental access programming in the basic service tier of the cable television system and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the cable television system. If channel capacity is required, the programming shall be specified in the license and the cable operator may require that the channels regularly display an unobtrusive logo or other suitable identifier of the cable operator as set forth in the license.
2. A licensing authority may require a cable operator to incur costs and expenses to provide, maintain and operate facilities and equipment of the cable television system, including facilities and equipment for signal carriage, processing, reformatting and interconnection:
(a) To connect the cable television system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities.
(b) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.
3. A licensing authority may require a cable operator to provide the basic service tier of cable service at no monthly service charge to offices and facilities of the licensing authority.
4. The value of any channel capacity provided pursuant to paragraph 1 of this subsection, the costs and expenses incurred pursuant to paragraph 2 of this subsection and the value of basic service provided pursuant to paragraph 3 of this subsection may not be offset against the license fee levied or assessed under this section.
E. This section does not prohibit a cable operator from agreeing to provide in-kind services or make in-kind payments in the area of jurisdiction that are prohibited by subsection D of this section if the agreement with the licensing authority is not part of, or entered into as a condition of being issued, a new, renewed or amended license to provide cable service. An agreement that requires in-kind cable service or payments shall set forth the total annual fair market value of the in-kind cable service and payments, which shall be less than or equal to and offset against the license fee levied or assessed annually pursuant to this section. The license shall authorize the cable operator to retain license fees and taxes collected from its subscribers in the amount of this offset. In-kind cable services and payments include any channel capacity and all capital costs and charges for or in support of the use of any channel capacity that the cable operator agrees to provide under this subsection.
F. Notwithstanding subsection C of this section, a licensing authority may require that a cable operator:
1. Bear reasonable costs that are associated with damage caused to public streets, roads and alleys by construction, maintenance and operation of its facilities in the public streets, roads and alleys and that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under section 9-582, subsection C.
2. Pay fines, fees, charges or damages for breach of the terms and conditions of the license.
G. This section does not affect the authority of a licensing authority to manage the public streets, roads and alleys within its boundaries or to exercise its police powers.
H. A license that is in effect on September 21, 2006, including one that is later renewed or extended for a term that begins before July 1, 2007, is enforceable in accordance with its terms and conditions as of July 1, 2007 and is not subject to the provisions of the amendment to this section effective on September 21, 2006. If a license that is in effect on September 21, 2006 is later extended or renewed for a term that begins after June 30, 2007, the extended or renewed license is subject to the provisions of the amendment to this section effective on September 21, 2006 and the amendment to this section effective on September 19, 2007, effective on the first day of the renewal or extension term, unless the term begins before January 1, 2008, in which case the limitation in subsection C, paragraph 2, subdivision (c) of this section on the rates of the license fee and of any transaction privilege taxes on gross revenues is:
1. Five percent, if the gross effective rate is five percent or less.
2. If the gross effective rate is more than five percent, five percent plus the following percentage:
(a) In the first year of the extension or renewal term, the gross effective rate minus five percent, multiplied by two-thirds.
(b) In the second year of the term, the gross effective rate minus five percent, multiplied by one-third.
(c) In the third year of the term, and thereafter, zero percent.
I. On application, a licensing authority shall issue to a cable operator or its affiliate a permit to attach allowed Wi-Fi radio equipment to the cable television system in public streets, roads and alleys in the area of jurisdiction. The permits shall allow installation, operation and maintenance of the allowed Wi-Fi radio equipment. A licensing authority may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal otherwise allowed by the license or be connected directly to and mounted at the same height as one of the cable operator's aerial horizontal conductors otherwise allowed by the license.
J. Subsection I of this section does not:
1. Affect any authority of a political subdivision, including an agricultural improvement district or any other special taxing district, the licensing authority or any other person controlling utility poles in the public streets, roads and alleys to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the political subdivision, licensing authority or other person by a cable operator.
2. Prohibit a licensing authority from imposing competitively neutral and nondiscriminatory requirements for a cable operator to underground aerial facilities to which allowed Wi-Fi equipment is attached.
3. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.
4. Affect the authority of a licensing authority to manage the public streets, roads and alley within its boundaries or to exercise its police powers including review and approval of an application before issuing a permit.
K. For the purposes of this section:
1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a cable operator.
2. "Allowed Wi-Fi radio equipment" means radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.
3. "Gross effective rate" means one hundred percent multiplied by the fraction in which the numerator is the sum of all taxes, fees and charges of the licensing authority that the cable operator itemized to subscribers and paid to the licensing authority under the license for the twelve calendar months immediately preceding September 21, 2006 and the denominator is the cable operator's gross revenues for that period in the area of jurisdiction.
Sec. 2. Repeal
Title 9, chapter 5, article 8, Arizona Revised Statutes, is repealed.
Sec. 3. Section 9-1413, Arizona Revised Statutes, is amended to read:
9-1413. Incumbent cable operator; procedure to continue operating under local license
A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 9-1412, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local license and shall comply with the local license for as long as it remains in effect for the service area. The local license is not effective for the service area from and after the date the local license expires by its terms. The local government may not unilaterally renew or extend the term of the local license for the service area. The local government and the holdover cable operator shall comply with all of the following, which shall continue to apply to the local license:
1. Chapter 5, article 1.1 of this title.
2. Section 9-584.
3. Chapter 5, article 8 of this title.
4. Title 11, chapter 13, article 1.
B. To operate within a service area from and after the date the local license expires, the holdover cable operator must apply for and obtain a uniform video service license in the same manner as any other video service provider.
C. If a holdover cable operator is issued a uniform video service license with a service area that includes the service area defined under the local license while operating pursuant to the local license under subsection A of this section, the uniform video service license does not become effective until the local license expires.
D. A holdover cable operator that elects to apply for a uniform video service license shall do so at least one month before the local license expires.
Sec. 4. Section 9-1442, Arizona Revised Statutes, is amended to read:
9-1442. Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition
A. Except the license fee on gross revenue authorized by section 9-1443 and transaction privilege taxes as provided in subsection B of this section, a local government may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the highways to provide video service or levy a tax, fee or charge on the privilege of engaging in the business of providing video service in the service area. Taxes, rents, fees and charges include all of the following:
1. Access channel support except for in-kind services, goods or payments as provided in subsection C d of this section.
2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a video service provider's use of the highways, including the use authorized by subsection D h of this section except that a local government may impose on a video service provider some or all of the fees and charges described in this paragraph. A video service provider shall offset the fees and charges imposed pursuant to this paragraph against the next license fee payment made pursuant to section 9-1443.
B. Any transaction privilege taxes otherwise authorized by local law to be levied on the business of providing video service or in relation to use of the highways to provide video service may be levied on a video service provider if the taxes are levied only on gross revenue and the rate of the taxes is subject to this subsection. This subsection does not authorize the imposition of imposing transaction privilege taxes on interstate telecommunications service. The license fee and any transaction privilege taxes levied on gross revenue constitute a franchise fee within the meaning of the term in 47 United States Code section 542(g). The total of the rates of the license fee and of any transaction privilege taxes on gross revenue levied or assessed by a local government for the privilege of providing video service and related use of the highways to provide video service may not exceed a rate of five percent.
C. Subsection A of this section does not prohibit a local government from levying fees and charges on a video service provider or its affiliates pursuant to section 9-584 or pursuant to chapter 5, article 8 of this title without an offset against license fees.
D. A local government may not require a video service provider to provide in-kind goods or services, make in-kind payments, assessments or obligations or pay a fee in addition to the monetary license fee levied or assessed as provided in section 9-1443, except for any of the following:
1. A local law may impose and enforce obligations equally and uniformly on all video service providers that are operating within the boundaries of a local government and on all holdover cable operators that hold a local license that remains in effect under section 9-1414, subsection A. Under the local law, a local government:
(a) May require all video service providers to provide channel capacity for the video service provider to transmit programming over which the video service provider exercises no editorial control except as authorized by 47 United States Code section 531(e). The channel capacity shall be limited to one of the following:
(i) Not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the video service network.
(ii) Not more than two lines of access programming with each line of programming carried on up to two standard definition channels and two switched digital high-definition channels.
(b) Shall specify the programming and the video service provider may require that the channels regularly display an unobtrusive logo or other suitable identifier of the video service provider, if the local government requires channel capacity pursuant to subdivision (a) of this paragraph.
(c) May require all video service providers to incur costs and expenses to provide, maintain and operate facilities and equipment of the video service network, including facilities and equipment for signal carriage, processing, reformatting and interconnection for all of the following:
(i) To connect the video service network or cable system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities.
(ii) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.
(d) May require all video service providers and incumbent cable operators to provide at no initial or recurring charge the basic service tier of video service to one outlet and one receiving device at each building occupied by the local government if the building is not more than two hundred feet from the nearest technically and commercially feasible point of connection on the video service network.
2. A local government may retain nonreceiving equipment that it owns without charge for the equipment's use and at the local government's expense, including equipment previously provided by an incumbent cable operator.
E. A local law may not impose any obligation on a video service provider under subsection D of this section that is more burdensome than the least burdensome requirement under any local license with a service area within the boundaries of the local government that was in effect on February 1, 2019.
F. None of the annual fair market value of any channel capacity provided pursuant to subsection D, paragraph 1, subdivision (a), the annual costs and expenses incurred pursuant to subsection D, paragraph 1, subdivision (c) and the annual fair market value of basic service and line extension provided pursuant to subsection D, paragraph 1, subdivision (d) may be offset against the license fee levied or assessed under this section.
G. Notwithstanding subsection A of this section, by a nondiscriminatory local law that imposes and enforces the obligations equally and uniformly on all video service providers operating within the boundaries of a local government, a local government may require that a video service provider bear all of the reasonable costs that are associated with repair and restoration of damage caused to private property or highways by the repair, replacement, installation, construction, maintenance or operation of the video service provider's facilities in the highways and that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under section 9-582, subsection C.
H. On application, a local government shall issue to a video service provider or its affiliate a permit to attach allowed Wi-Fi radio equipment to the video service network in the highways within the boundaries of the local government. The permit shall allow installation, operation and maintenance of allowed Wi-Fi radio equipment. A local government may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal or be connected directly to and mounted at the same height as one of the video service provider's aerial horizontal conductors. This subsection does not do any of the following:
1. Prohibit a local government from requiring a video service provider to place underground aerial facilities to which allowed Wi-Fi equipment is attached.
2. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.
3. Affect the authority of a local government to manage the highways within its boundaries or to exercise its police powers, including review and approval of an application before issuing a permit.
4. Affect any authority of a political subdivision, including an agricultural improvement district or any other special taxing district, the local government or any other person controlling utility poles in the highways to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the political subdivision, local government or other person by a video service provider.
I. This section does not prohibit a video service provider from agreeing with a local government to provide in-kind services or goods or make in-kind payments in the service area that are otherwise prohibited by this section if the agreement with the local government is not entered into as a condition of operating in the service area under a uniform video service license issued pursuant to this chapter. The agreement may authorize the video service provider to retain license fees and taxes collected from its subscribers in the amount of any offset to license fees specified in the agreement.
J. For the purposes of this section, "allowed Wi-Fi radio equipment" means radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.
Sec. 5. Repeal
Title 11, chapter 13, Arizona Revised Statutes, is repealed.
Sec. 6. Section 11-1913, Arizona Revised Statutes, is amended to read:
11-1913. Incumbent cable operator; procedure to continue operating under local license
A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 11-1912, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local license and shall comply with the local license for as long as it remains in effect for the service area. The local license is not effective for the service area from and after the date the local license expires by its terms. The county may not unilaterally renew or extend the term of the local license for the service area. The county and the holdover cable operator shall comply with all of the following, which shall continue to apply to the local license:
1. Title 9, chapter 5, article 1.1.
2. Section 9-584.
3. Title 9, chapter 5, article 8.
4. Chapter 13, article 1 of this title.
B. To operate within a service area from and after the date the local license expires, the holdover cable operator must apply for and obtain a uniform video service license in the same manner as any other video service provider.
C. If a holdover cable operator is issued a uniform video service license with a service area that includes the service area defined under the local license while operating pursuant to the local license under subsection A of this section, the uniform video service license does not become effective until the local license expires.
D. A holdover cable operator that elects to apply for a uniform video service license shall do so at least one month before the local license expires.
Sec. 7. Section 11-1942, Arizona Revised Statutes, is amended to read:
11-1942. Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition
A. Except the license fee on gross revenue authorized by section 11-1943 and excise taxes as provided in subsection B of this section, a county may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the highways to provide video service or levy a tax, fee or charge on the privilege of engaging in the business of providing video service in the service area. Taxes, rents, fees and charges include all of the following:
1. Access channel support except for in-kind services, goods or payments as provided in subsection C d of this section.
2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a video service provider's use or occupancy of the highways, including the use authorized by subsection D h of this section except that a county may impose on a video service provider some or all of the fees and charges described in this paragraph. A video service provider shall offset the fees and charges imposed pursuant to this paragraph against the next license fee payment made pursuant to section 11-1943.
B. Any excise taxes otherwise authorized by local law to be levied on the business of providing video service or in relation to use of the highways to provide video service may be levied on a video service provider if the taxes are levied only on gross revenue and the rate of the taxes is subject to this subsection. This subsection does not authorize the imposition of excise taxes on interstate telecommunications service. The license fee and any excise taxes levied on gross revenue constitute a franchise fee within the meaning of the term in 47 United States Code section 542(g). The total of the rates of the license fee and of any excise taxes on gross revenue levied or assessed by a county for the privilege of providing video service and related use of the highways to provide video service may not exceed a rate of five percent.
C. Subsection A of this section does not prohibit a county from levying fees and charges on a video service provider or its affiliates pursuant to section 9-584 or chapter 13, article 1 of this title without an offset against license fees.
D. A county may not require a video service provider to provide in-kind goods or services, make in-kind payments, assessments or obligations or pay a fee in addition to the monetary license fee levied or assessed as provided in section 11-1943, except for any of the following:
1. A local law may impose and enforce obligations equally and uniformly on all video service providers that are operating within the boundaries of a county and on all holdover cable operators that hold a local license that remains in effect under section 11-1914, subsection A. Under the local law, a county:
(a) May require all video service providers to provide channel capacity for the video service provider to transmit programming over which the video service provider exercises no editorial control except as authorized by 47 United States Code section 531(e). The channel capacity shall be limited to one of the following:
(i) Not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the video service network.
(ii) Not more than two lines of access programming with each line of programming carried on up to two standard definition channels and two switched digital high-definition channels.
(b) Shall specify the programming and the video service provider may require that the channels regularly display an unobtrusive logo or other suitable identifier of the video service provider, if the county requires channel capacity pursuant to subdivision (a) of this paragraph.
(c) May require all video service providers to incur costs and expenses to provide, maintain and operate facilities and equipment of the video service network, including facilities and equipment for signal carriage, processing, reformatting and interconnection for all of the following:
(i) To connect the video service network or cable system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities.
(ii) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.
(d) May require all video service providers and incumbent cable operators to provide at no initial or recurring charge the basic service tier of video service to one outlet and one receiving device at each building occupied by the county if the building is not more than two hundred feet from the nearest technically and commercially feasible point of connection on the video service network.
2. A county may retain nonreceiving equipment that it owns without charge for the equipment's use and at the county's expense, including equipment previously provided by an incumbent cable operator.
E. A local law may not impose any obligation on a video service provider under subsection D of this section that is more burdensome than the least burdensome requirement under any local license with a service area within the boundaries of the county that was in effect on February 1, 2019.
F. None of the annual fair market value of any channel capacity provided pursuant to subsection D, paragraph 1, subdivision (a), the annual costs and expenses incurred pursuant to subsection D, paragraph 1, subdivision (c) and the annual fair market value of basic service and line extension provided pursuant to subsection D, paragraph 1, subdivision (d) may be offset against the license fee levied or assessed under this section.
G. Notwithstanding subsection A of this section, by a nondiscriminatory local law that imposes and enforces the obligations equally and uniformly on all video service providers operating within the boundaries of a county, a county may require that a video service provider bear all of the reasonable costs that are associated with repair and restoration of damage caused to private property or highways by the repair, replacement, installation, construction, maintenance or operation of the video service provider's facilities in the highways and that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under section 9-582, subsection C.
H. On application, a county shall issue to a video service provider or its affiliate a permit to attach allowed Wi-Fi radio equipment to the video service network in the highways within the boundaries of the county. The permit shall allow installation, operation and maintenance of allowed Wi-Fi radio equipment. A county may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal or be connected directly to and mounted at the same height as one of the video service provider's aerial horizontal conductors. This subsection does not do any of the following:
1. Prohibit a county from requiring a video service provider to place underground aerial facilities to which allowed Wi-Fi equipment is attached.
2. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.
3. Affect the authority of a county to manage the highways within its boundaries or to exercise its police powers, including review and approval of an application before issuing a permit.
4. Affect any authority of a political subdivision, including an agricultural improvement district or any other special taxing district, the county or any other person controlling utility poles in the highways to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the political subdivision, county or other person by a video service provider.
I. This section does not prohibit a video service provider from agreeing with a county to provide in-kind services or goods or make in-kind payments in the service area that are otherwise prohibited by this section if the agreement with the county is not entered into as a condition of operating in the service area under a uniform video service license issued pursuant to this chapter. The agreement may authorize the video service provider to retain license fees and taxes collected from its subscribers in the amount of any offset to license fees specified in the agreement.
J. For the purposes of this section, "allowed Wi-Fi radio equipment" means radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.
