Mississippi Video Service Act; create.

The act's effective date changed from July 1, 2026 (with a sunset on June 30, 2026) to taking effect immediately upon passage. The operative date for requiring a certificate of franchise authority moved from after June 30, 2026 to after May 31, 2026.

The definition of 'governing body' was changed from 'city council or county quorum court' to 'board of aldermen or city council of a municipality or the county board of supervisors,' aligning with actual Mississippi local government structure. A new legislative intent statement clarifies that the act does not diminish political subdivision authority over public rights-of-way, does not relieve providers of compliance with local regulations, and does not limit police powers.

A new master performance bond requirement was added: providers must file a $1 million bond with the Secretary of State or attest they will establish an individual bond with each political subdivision upon request. Political subdivisions may only request a bond when a provider intends to perform construction work, and the amount must be reasonably tied to the work.

Section 5 was dramatically expanded to give political subdivisions broad authority over rights-of-way management. New provisions allow local permits for advance notice, construction sequencing, coordination with utilities, protective construction methods (drilling requirements, minimum depth of cover, traffic control plans, pavement restoration, time restrictions on boring/excavation, equipment staging, and limits on number/duration of active permits). Political subdivisions may also impose cost-based fees for permit administration, inspection, restoration, and traffic control.

The previous provision stating that a provider paying the video service fee 'shall not be charged additional fees for such permits and shall not be required to post additional bonds or insurance certificates' was removed. The prohibition on additional fees was narrowed from 'any additional fee or charge' to 'any unreasonable additional fees or charges,' explicitly allowing cost-based rights-of-way management fees.

New facility removal and maintenance requirements were added: abandoned or duplicative above-ground facilities must be removed within 180 days of notice (60 days if made duplicative by replacement), unsafe facilities must be repaired or removed within 30 days, and routine maintenance within 90 days. Political subdivisions may require relocation of facilities at the provider's expense for public infrastructure projects.

Certificates of franchise authority are now provisional upon issuance and become final only when the provider certifies the date video service was actually launched in the political subdivision. Service area boundary changes now require written notice to the political subdivision and are effective 10 days after filing rather than immediately. Certificate transfers require 10 days' prior written notice to the political subdivision.

The video service provider fee cap was raised from a fixed 5% of gross revenue to the maximum allowed by federal law under 47 USC Section 542 (which is 5% but referenced differently). If a political subdivision fails to respond to a fee request, the response period doubled from 30 to 60 days, and the default presumption changed from zero percent to the federal maximum.

Fixed application filing fees ($1,500) and amendment fees ($100) were replaced with fees 'as set by the Secretary of State,' giving the Secretary discretion over fee amounts.

The provision stating that regulation of certificate holders is 'exclusive to the Secretary of State' was modified to add the exception 'except with respect to the management and control of public rights-of-way by political subdivisions,' preserving local authority over rights-of-way even while the state handles franchising.