AN ACT TO CREATE THE MISSISSIPPI VIDEO SERVICE ACT; TO STATE THE INTENTION OF THE LEGISLATURE; TO PROVIDE CERTAIN DEFINITIONS RELATING TO THIS ACT; TO PROVIDE FOR FRANCHISING AUTHORITY; TO REQUIRE PROVIDERS TO OBTAIN A CERTIFICATE OF FRANCHISE AUTHORITY FROM THE SECRETARY OF STATE BEFORE CONDUCTING BUSINESS UNDER THIS ACT; TO REQUIRE PROVIDERS TO MEET CERTAIN REQUIREMENTS; TO PROVIDE FOR INCUMBENT VIDEO SERVICE PROVIDERS; TO REQUIRE APPLICATIONS FOR CERTIFICATES OF FRANCHISE AUTHORITY TO INCLUDE CERTAIN INFORMATION; TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE SECRETARY OF STATE WITH REGARD TO CERTIFICATES OF FRANCHISE AUTHORITY UNDER THIS ACT; TO PROVIDE FOR TRANSFER AND TERMINATION OF CERTIFICATES; TO PROVIDE CERTAIN FEES RELATING TO FRANCHISING AUTHORITY; TO PROVIDE FOR USE OF PUBLIC RIGHTS-OF-WAY BY HOLDER OF THE CERTIFICATE OF FRANCHISING AUTHORITY; TO PROVIDE FOR FEES PAID TO THE POLITICAL SUBDIVISION WHERE SERVICE OCCURS; TO PROHIBIT POLITICAL SUBDIVISIONS FROM REQUIRING CERTAIN ADDITIONAL FEES OR CALCULATION METHODS; TO PROVIDE FOR NONCOMPLIANCE WITH THIS ACT; TO PROVIDE REMEDIES FOR SUCH NONCOMPLIANCE; TO PROVIDE CUSTOMER SERVICE STANDARDS RELATING TO VIDEO SERVICE PROVIDERS; TO PROVIDE CERTAIN DESIGNATION AND USE OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL OR GOVERNMENTAL USE; TO PROVIDE FOR APPLICATION OF THIS ACT; AND FOR RELATED PURPOSES.
HB 1664 creates the Mississippi Video Service Act, a statewide framework for authorizing and regulating video service providers, including cable and other comparable video-delivery services that use public rights-of-way. The bill shifts primary franchising authority to the Secretary of State through a certificate of franchise authority system, while still allowing local governments to manage and protect their rights-of-way through permits, inspections, safety rules, and cost-based fees. Existing local franchises may continue, but providers can also seek state-issued authority, and incumbent providers may choose whether to remain under local franchise terms or convert to the state certificate system.
The bill sets out detailed application requirements, insurance and bonding standards, transfer and termination procedures, fee collection rules, and customer service obligations. It also requires providers to pay a video service provider fee to the political subdivision where service is offered, based on gross revenue and subject to caps and notice requirements. The act further addresses public, educational, and governmental access channels (PEG channels), requiring capacity for local access programming and setting rules for transmission, connectivity, and channel placement. It expressly excludes internet streaming and satellite-delivered services that do not use the public right-of-way, and it preserves separate treatment for telecommunications providers under existing Mississippi law.
HB 1664 would substantially revise Mississippi’s video franchising structure by creating a statewide certificate of franchise authority administered by the Secretary of State, reducing the need for separate local video franchises in the same service area. It would affect local governments, video/cable providers, and any new entrants offering comparable video service over facilities in public rights-of-way. The bill also defines how franchise-related fees are calculated and collected, limits additional local charges, and preserves municipal authority over right-of-way management, permitting, restoration, relocation, and safety enforcement.
The bill appears to have broad legislative support overall, passing the House 103-12, the Senate 51-0, and then the House concurrence 119-0 after Senate amendments. That voting pattern suggests strong bipartisan agreement on the general framework, with the House’s initial vote showing some opposition but no sustained resistance in the later stages. No committee transcript was provided, so the available record shows support through the votes rather than through recorded debate.
The main points of contention likely involve the balance of power between state and local governments, especially whether the Secretary of State’s statewide certificate system reduces municipal control over franchising. Local governments may also be concerned about limits on their ability to impose additional fees, build-out requirements, or alternative fee calculations, while providers may focus on the fee cap, audit rules, bonding requirements, and obligations to maintain PEG channels and comply with local right-of-way rules. The bill attempts to address these concerns by preserving local police powers and right-of-way management authority while standardizing franchise access statewide.