Current through Register Vol. XLI, No. 13, March 29, 2024
3.1. At any time within the final three years
of a franchise, the franchising authority may, and shall if requested by the
cable operator, conduct a public hearing which gives the public in the
franchise area an opportunity to identify the franchise area's future
cable-related needs and interests and to review the past performance of the
cable operator during the current franchise.
3.1.1. Notice of the public hearing shall be
published at least once in each of two (2) different calendar weeks in a
newspaper of general circulation in the county or counties in which the
franchise area is served. The last published notice shall appear at least
fifteen (15) days prior to the date of the hearing.
3.2. Upon completion of a public hearing
pursuant to subsection 3.1 of this rule, a cable operator may submit a proposal
for renewal of a franchise to the appropriate franchising authority by a date
established by the franchising authority.
3.3. Every proposal for a renewal of a
franchise shall be on the form established by the Commission to provide the
information necessary to determine whether a renewal should be granted. (See
Form No.1).
3.4. The franchising
authority shall not accept proposals for renewal of franchises that do not use
the form provided by the Commission. The franchising authority shall not accept
proposals for renewal that have not followed the instructions and format
required by the Commission.
3.4.1. A
franchising authority may invite applications for a cable television franchise
for the service area up for renewal at any time before or during the renewal
process. If a franchising authority decides to invite such applications, it
shall follow the procedures set forth in this rule to obtain and evaluate such
applications.
3.5. The
proposal for renewal must provide all information required by the Commission
before it may be accepted for filing and considered by the franchising
authority.
3.5.1. The franchising authority
shall promptly provide the Commission with a copy of the proposal for a
renewal.
3.5.2. If a franchised
cable operator submits a proposal for renewal, the franchising authority shall
notify the franchised cable operator in writing that its proposal for renewal
has been either accepted for filing or rejected within thirty (30) days of
receipt of the renewal proposal.
3.5.3. If a proposal for a renewal is
rejected as incomplete or for failing to use the proper form and format of the
proposal for renewal form provided by the Commission, the franchising-authority
shall notify the franchised cable operator in writing the reasons for rejection
and provide the franchised cable operator thirty (30) days to file a correct
and completed proposal for renewal.
3.6. Upon the filing of a proposal for
renewal of a franchise, either pursuant to subsection 3.2. of this rule or at
anytime within the final three (3) years of the franchiser the franchising
authority shall provide prompt public notice of such filing and, within four
(4) months of the completion of any proceeding under subsection 3.1. of this
rule, or if no such proceedings were held, then within four months of the
filing of the proposal, shall either renew the franchise or issue a preliminary
determination that the franchise should not be renewed.
3.6.1. Following the filing of a proposal for
renewal, the franchise authority shall commence an administrative proceeding
and provide public notice of such proceeding to consider whether the renewal
should be granted based on whether:
3.6.1.a.
The cable operator has substantially complied with the material terms of the
existing franchise and with applicable law;
3.6.1.b. The quality of the cable operators
service, including signal quality, response to consumer complaints, and billing
practices has been reasonable in light of community needs;
3.6.1.c. The cable operator has the
financial, legal and technical ability to provide the services, facilities, and
equipment as set forth in the cable operator's proposal for renewal;
and
3.6.1.d. The cable operator's
proposal is reasonable to meet the future cable-related community needs and
interests, taking into account the costs of meeting such needs and
interests.
3.6.2. In any
administrative proceeding conducted under subsection 3.6.1. of this rule the
cable operator shall be given thirty (30) days notice of the date of the
proceeding and the issues to be addressed unless both the cable operator and
the franchising authority stipulate to a different notice period. The
Commission shall also be given notice of this proceeding.
3.6.3. Both the cable operator and the
franchising authority, or its designee, shall be given fair opportunity to
participate fully in the proceeding. Such participation shall include the right
to introduce evidence, question and cross-examine witnesses, and to require the
production of evidence.
3.6.4. A
transcript shall be made of the administrative proceeding.
3.6.5. Within sixty (60) days after the
completion of an administrative proceeding conducted pursuant to subsection
3.6.1. of this rule the franchising authority shall issue a written decision
and the reasons for granting or denying the proposal for renewal of a
franchise. The franchising authority shall promptly transmit a copy of its
decision to both the cable operator and the Commission. Any renewal of a
franchise granted by a franchising authority may be for a period of not less
than five (5) nor more than twenty (20) years.
3.6.6. A franchising authority's decision to
deny a renewal must be based upon one or more adverse findings made with
respect to the factors outlined in subsections 3.6.1.a. through 3.6.1.d. of
this rule. A franchising authority, however, may not base a denial of renewal
on either subsection 3.6.1.a. or 3.6.1.b. of this rule, or:
3.6.6.a. For events which occurred after
October 30, 1984, unless the franchising authority provided the operator with
notice of the events and the opportunity to correct any problems;
3.6.6.b. In any case where it is documented
that the franchising authority waived its right to object or effectively
acquiesced into the practices of the cable operator.
3.7. Any cable operator aggrieved
by a final decision of a franchising authority issued pursuant to
administrative proceedings pursuant to subsection 3.6.1. of this rule may seek
judicial review of that decision within one hundred twenty (120) days of their
receipt of the decision from the franchising authority.
3.7.1. Any cable operator having its proposal
for renewal denied pursuant to subsection 3.6.6. of this rule may at the
appropriate time submit an application for a franchise following the procedures
set forth in this rule. Such an application for a franchise shall be considered
according to the criteria set forth in this rule.
3.8. The franchise renewal agreement entered
into between the franchising authority and the cable-operator must contain
certain provisions and follow the standards as set forth by law or by
guidelines as adopted by the Commission. All franchise renewal agreements must
be filed with the Commission and are subject to its review to ensure
compliance.
3.9. Provisions
contained in franchise renewal agreements entered into after the effective date
of the West Virginia Cable Television Systems Act which conflict with or are
contrary to law or the guidelines adopted by the Commission are null and void,
and the Commission may institute action W. Va. Code '24D-1-1 et
seq. to correct any omission in the contract, as well as prohibit enforcement
of any unlawful or invalid to contract provisions.
