H. B. 4341

(By Delegate Campbell, L. Phillips, Sumner, Diserio, Moye, Staggers, Hamilton, Moore and Perry)

         [Introduced January 27, 2014; referred to the

         Committee on Government Organization.]

A BILL to amend and reenact §24D-1-14 and §21D-1-22 of the Code of West Virginia, 1931, as amended, all relating to cable television; requiring all cable providers operating within West Virginia to provide West Virginia Public Television.

Be it enacted by the Legislature of West Virginia:

    That §24D-1-14 and §24D-1-22 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 1. CABLE TELEVISION SYSTEMS ACT.

§24D-1-14. Requirement for adequate service; terms and conditions of service; WV Public Television required.

    (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 form and with the notice that the commission may prescribe. The schedule shall be submitted with the annual report referenced in section twenty-four of this article.

    (c) The commission shall ensure that the terms and conditions upon which cable service is provided are fair both to the public and to the cable operator, taking into account the geographic, topographic and economic characteristics of the service area and the economics of providing cable service to subscribers in the service area.

    (d) The commission shall require all cable providers providing service in West Virginia, including out-of-state cable providers, broadcast West Virginia Public Television.

§24D-1-22. Complaints; violations; penalties.

    (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 shall not consider any complaint involving programming, except as provided in subsection (d), section fourteen of this article, or any other issue that is preempted by federal law.

    (b) The commission shall resolve all complaints, if possible informally. No form of informal complaint is prescribed, but the writing must contain the essential elements of a complaint, including the name and address of the complainant, the correct name of the cable operator against which the complaint is made, a clear and concise statement of the facts involved and a request for affirmative relief.

    (c) In the event that the commission cannot resolve the complaint to the satisfaction of all parties, the complainant may file a formal request to the commission and the complainant and cable operator shall be afforded all rights including the right of appeal as set forth in chapter twenty-four of this code.

    (d) A cable operator may be subject to a fine or civil penalty in accordance with subsection (e) hereof, upon a determination by the commission or court that the cable operator has violated any of the following:

    (1) The material terms of its cable franchise; or

    (2) Substantial compliance with this article or rules or orders prescribed by the commission.

    (e) The commission may fine or obtain civil penalties against a cable operator for each violation of subsection (d) of this section in an amount not less than $100 nor more than $1,000 for each violation. Any penalty assessed under this section is in addition to any other costs, expenses or payments for which the cable operator is responsible under other provisions of this section.

    (f) In addition to fines and civil penalties, the commission may determine and declare and by order require for violation of subsection (d) of this section the cable operator to comply with the terms of its franchise or the requirements of this article or orders prescribed by the commission.

     (g) No cable operator may raise rates or retier and charge subscribers without providing to his or her subscribers sufficient advance written notice and opportunity to discontinue service.

    NOTE: The purpose of this bill is to require all cable providers to provide WV Public Television.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.