H. B. 3161
(By Delegates Boggs and Leggett)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections ten and fourteen, article one,
chapter twenty-four-d of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
requirement for basic cable service and penalties imposed on
cable television systems for failure to provide that service.
Be it enacted by the Legislature of West Virginia:
That sections ten and fourteen, article one, chapter
twenty-four-d of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 1. CABLE TELEVISION SYSTEMS ACT.
§24D-1-10. Revocation, alteration, or suspension of cable
franchise; penalties.
(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 following
reasons:
(1) For making material false or misleading statements in, or
for material omissions from, any application or proposal or other
filing made with the franchising authority;
(2) For repeated failure to maintain signal quality under the
standards prescribed by the commission;
(3) For any sale, lease, assignment or other transfer of its
cable franchise without consent of the franchising authority;
(4) Except when commercially impracticable, for unreasonable
delay in construction or operation or for unreasonable withholding
of the extension of cable service to any person in a service area;
(5) For material violation of the terms of its cable
franchise;
(6) For failure to substantially comply with this chapter or
any rules, regulations or orders prescribed by the commission;
(7) For substantial violation of its filed schedule of terms
and conditions of service; and
(8) For engaging in any unfair or deceptive act or practice,
which includes the failure to provide the maximum basic cable
service to all geographical areas which is comparable to the
maximum basic cable service offered and provided by that cable operator in different geographic areas or which is comparable to
the maximum basic cable service offered and provided by any other
cable operator in this state.
(b) In lieu of, or in addition to, the relief provided by
subsection (a) hereof, the franchising authority may fine a cable
operator, for each violation under the provisions of this section,
in an amount not less than fifty dollars nor more than five
thousand dollars for each violation. Each day's continuance of a
violation may be treated as a separate violation pursuant to rules
and regulations adopted by the commission. Any penalty assessed
under this section shall be in addition to any other costs,
expenses or payments for which the cable operator is responsible
under other provisions of this chapter.
§24D-1-14. Requirement for adequate service; terms and conditions
of service.
(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, including providing the maximum basic cable
service to all geographical areas which is comparable to the
maximum basic cable service offered and provided by that cable
operator in different geographic areas or which is comparable to
the maximum basic cable service offered and provided by any other
cable operator in this state.
(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.
NOTE: The purpose of this bill is to require certain basic
cable service be provided by cable television systems and penalties
imposed on cable television systems for failure to provide that
service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.