West Virginia · statute · W. Va. Code ch. 24D · 37 active provisions
The Legislature finds that television is an important source of information and entertainment affecting the welfare and economy of the state, and that cable television services have become widespread, often providing the only access to quality television signals in many areas of the state. The Legislature finds that it…
As used in this chapter: (1) "Applicant" means a person who initiates an application or proposal. (2) "Application" means an unsolicited filing for a cable franchise. (3) "Basic cable service" means any service tier which includes the retransmission of local television broadcast signals. (4) "Cable franchise" or "franc…
(a) No person may construct, operate or acquire a cable system, or extend an existing cable system outside its designated service area, without first obtaining a cable franchise from a franchising authority as provided in this chapter. (b) Any person operating a cable system on the effective date of this chapter withou…
(a) The provisions of any cable franchise in effect on the effective date of this chapter shall remain in effect, subject to the express provisions of this article, and for no longer than the then current remaining term of the franchise as such franchise existed on the effective date. (b) For purposes of subsection (a)…
In addition to its other duties, the Public Service Commission shall: (a) To the extent permitted by, and not contrary to applicable federal law, rules and regulations: (1) Prescribe standards for procedures and practices which franchising authorities shall follow in considering the issuance of cable franchises, which…
(a) No cable franchise shall be issued except upon written application or proposal therefor to the franchising authority, accompanied by a fee of $250. (b) An application for issuance of a cable franchise shall be made on a form prescribed by the commission. The application shall set forth the facts as required by the…
An application or proposal for a cable franchise shall be processed as follows: (1) After the application or proposal and required fee are received by the franchising authority within a time frame established by rule promulgated by the commission, the franchising authority shall notify an applicant in writing of the ac…
(a) A franchising authority is exclusively empowered to issue a cable franchise to construct or operate facilities for a cable system upon the terms and conditions provided in this article. (b) The franchising authority, after a public hearing as provided in this article, shall issue a cable franchise to the applicant…
(a) A cable franchise shall be construed to authorize the construction or operation of a cable system: (i) Over public rights-of-way; and (ii) through easements, which are within the area to be served by the cable system and which have been dedicated for compatible uses. (b) The technical specifications, general routes…
(a) Any cable franchise issued in accordance with the provisions of this chapter may be revoked, altered or suspended by the franchising authority upon the recommendation of the commission to a municipality or county acting as a franchising authority or after a hearing before the franchising authority, for the followin…
(a) Any cable franchise issued pursuant to this chapter may be renewed by the franchising authority upon approval of a cable operator's application or proposal therefor and in accordance with the provisions of 47 U.S.C. §546 as the same is in effect on the effective date of this chapter. The form of the application or…
(a) No cable system and no cable franchise, including any system without a franchise and any franchise in existence on the effective date of this chapter, may be assigned, sold, or transferred, including a transfer of control of any cable system, whether by change in ownership or otherwise, except upon written applicat…
(a) The commission shall require each cable operator to file a schedule of its rates of service on a form and with the notice that the commission may prescribe. The schedule shall be filed with the annual report referenced in section twenty-four of this article. (b) To the extent permitted by federal law, the commissio…
(a) Every cable operator shall provide safe, adequate, and reliable service in accordance with applicable laws, rules, franchise requirements and its filed schedule of terms and conditions of service. (b) The commission shall require each cable operator to submit a schedule of all terms and conditions of service in the…
(a) Each cable operator, for the purpose of restoring interrupted service and improving substandard service, shall be able to receive calls twenty-four hours a day, seven days a week, and shall have one or more qualified persons as may be necessary to repair the cable system, facilities and equipment owned by the cable…
(a) If cable service to a subscriber is interrupted for more than twenty-four continuous hours, such subscriber shall, upon request, receive a credit or refund from the cable operator in an amount that represents the proportionate share of such service not received in a billing period, provided such interruption is not…
(a) Each cable operator shall operate a business office in or near its area of operation as approved by the franchise authority or the commission that shall be open during normal business hours. (b) Each cable operator shall operate sufficient telephone lines, including a toll-free number or any other free calling opti…
(a) Annually, every cable operator shall mail to each of its subscribers a notice which: (1) Informs subscribers how to communicate their views and complaints to the cable operator and to the commission; (2) States the responsibility of the commission to receive and act on consumer complaints concerning matters other t…
(a) Every cable operator shall keep a record or log of all complaints received regarding quality of service, rates, programming, equipment malfunctions, billing procedure, employee relations with customers and similar matters as may be prescribed by the commission. The records shall be maintained for a period of two ye…
(a) All cable operators holding an existing franchise on the effective date of this article shall file a copy of the franchise and any federal communications commission rulings or other rulings affecting such franchises with the commission with the annual report filed in one thousand nine hundred ninety-nine as referen…
A cable television system operator may not deny service, deny access, or otherwise discriminate against subscribers, channel users, or any other citizens on the basis of age, race, religion, sex, physical handicap or country of natural origin.
(a) Complaints of affected parties regarding the operation of a cable system must be made in writing and filed with the commission. The commission shall take up such complaints with the cable operator complained against in an endeavor to bring about satisfaction of the complaint without formal hearing. The commission s…
(a) The commission has the power and jurisdiction to supervise every cable operator within this state so far as may be necessary to carry out the purposes of this chapter and to do all things which are necessary or convenient in the exercise of this power and jurisdiction. (b) The commission may adopt rules and regulat…
Each cable operator shall file annually with the commission reports of its financial, technical and operational condition and its ownership. The reports shall be made in a form and on the time schedule prescribed by the commission and shall be kept on file open to the public.
(a) Each cable operator shall pay to the commission an annual fee in an amount of 12¢ per subscriber. Such funds and all other funds to be paid to the commission under the provisions of this chapter shall be deposited into a special fund designated the "cable fund." Such fund shall be used for purposes of administering…