Ohio § 1332.29

§ 1332.29.

(A)(1) A video service provider that both uses telecommunications facilities to provide

video service and has more than one million telephone access lines in this state shall

provide access to video service to at least: (a) Twenty-five per cent of the households in its video service area within two years

after the date it began providing video service in that area; (b) Fifty per cent of the households in its video service area within five years after

the date it began providing video service in that area, except that a video service

provider need not meet that fifty per cent requirement until two years after at least

thirty per cent of the households with access to the provider's video service under

its video service authorization subscribe to the service for six consecutive months. (2) A video service provider may comply with division (A)(1)(a) or (b) of this section

through the use of alternative technology, except satellite technology, that offers

service, functionality, and content demonstrably similar to the service, functionality,

and content the provider otherwise provides through its video service network. (B) A video service provider shall file an annual report with the director of commerce

describing its compliance with division (A) of this section or, as applicable, its

progress toward that compliance. (C) A video service provider may apply to the director for a waiver of or for an extension

of time to comply with division (A)(1) of this section.  The director may grant the waiver or extension only if the director determines that

the video service provider has made substantial and continual effort to comply and

determines that one or more of the following caused the provider's inability to comply: (1) The provider is unable to obtain access to public and private rights-of-way under

reasonable terms and conditions. (2) Developments or buildings are not subject to competition because of existing, exclusive

service arrangements. (3) Developments or buildings are inaccessible using reasonable technical solutions under

commercially reasonable terms and conditions. (4) A natural disaster prevents compliance. (5) There are other factors beyond the provider's control. If an extension of time is granted, the director shall establish a new compliance

deadline.  If a waiver is granted, the director shall specify the requirement or requirements

waived.