H. B. 4402


(By Delegate Louisos)
[Introduced February 6, 2006; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact §24D-1-13 of the Code of West Virginia, 1931, as amended, relating to rates charged by cable television systems; appointment by Governor of three person rate review board within the Public Service Commission.

Be it enacted by the Legislature of West Virginia:
That §24D-1-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. CABLE TELEVISION SYSTEMS ACT.
§24D-1-13. Rates; filing with Public Service Commission; review board appointed by Governor; approval.

(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 commission shall, with the approval of a majority of the review board created by subdivision (d) of this section, regulate rates to ensure that they are just and reasonable both to the public and to the cable operator and are not unduly discriminatory.
 (c) To the extent permitted by federal law, the commission shall, with the approval of a majority of the review board created by subdivision (d) of this section, regulate charges other than those related to rates for the provision of basic cable service to ensure that they are just and reasonable and not unduly discriminatory.
(d) There is hereby created a cable television systems rate review board within the Public Service Commission. The board shall consist of three members, one member from each of the congressional districts in the state who are appointed by the Governor, by and with the advice and consent of the Senate. Each member serves for a term of five years. Of the members of the rate review board first appointed, one is appointed for a term ending the thirtieth day of June, two thousand seven, and one each for terms ending three and four years thereafter. The board members shall serve without compensation for their service but shall be reimbursed, upon the approval of the commissioner, for any necessary expenses incurred in carrying out their official duties as a board member.
A majority of the members must agree on the approval or disapproval of any rates or other charges for cable service and report their decision to the commission for implementation.

NOTE: The purpose of this bill is to create a three person rate review board within the Public Service Commission. The members are to be appointed by the Governor, from each state congressional district, to review rates and other charges by cable television systems.

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