815 R.I. Code R. 815-RICR-10-05-1.1

Current through December 3, 2024

Section 815-RICR-10-05-1.1 - General Provisions

1.1.1Authority

These rules and regulations are promulgated in accordance with the authority granted to the Division of Public Utilities and Carriers by R.I. Gen. Laws §§ 39-19-2 and 39-19-6 and by R.I. Gen. Laws §§ 16-61-6 and 16-61-6.2, as amended, to supervise and regulate every company owning or operating a community antenna television plant within this State and the Rhode Island Public Telecommunications Authority in connection with that entity's ownership and operation of its PEG access studio(s) and playback equipment, and the Statewide Interconnection System.

1.1.2Definitions

A. For the purpose of these rules, the following terms, phrases, words and their derivations have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning, unless it can be reasonably inferred that a meaning particular to the community antenna television industry should be utilized, in which case meanings or definitions used by the FCC shall apply.

1. "Administrator" means the Administrator of the Division of Public Utilities and Carriers.

2. "Basic service" means any service tier which includes the retransmission of local television broadcast signals and such other components for inclusion in the Basic Service tier required by federal law.

3. "Cable service" means

a. the one-way transmission to Subscribers of

(1) Video Programming, or

(2) Other Programming Service, and

b. Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service.

4. "Cable programming service" means any Video Programming provided over a CATV System, regardless of service tier, including installation or rental of equipment used for receipt of such Video Programming, other than

a. Video Programming carried on the Basic Service tier, and

b. Video Programming offered on a per-channel or per-program basis.

5. "CATV company," "CATV operator" or "CATV system operator" means any person or group of persons:

a. who provides Cable Service which is used in a CATV System and directly or through one or more affiliates owns a significant interest in such CATV System, or

b. who otherwise controls or is responsible for, through any arrangement, the management and operation of such CATV System.

6. "CATV service area" or "Service area" means a geographic area, as may be defined by political, metes and bounds, or other appropriate description, which encompasses a CATV System's entire projected Service Area. Such boundaries may include areas which in the judgment of the Administrator and the party proposing the CATV Service Area, extension of service is not immediately feasible but may be in the future.

7. "Certificate" means a document issued by the Administrator which confers certain rights and which authorizes particular phases of planning, construction, and/or operation of a CATV System. Such term applies to any or all of the specific certificates defined in this section, as indicated by the context.

8. "Certificate of authority to operate" means a Certificate issued by the Administrator to a holder of a valid Construction Certificate and a valid Compliance Order Certificate, authorizing the operation of a CATV System in compliance with applicable laws, regulations, and orders of the Administrator. Such Certificate shall authorize the holder to begin provision of actual service to the public.

9. "Community antenna television system" or "CATV system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community. Such definition shall not include:

a. a facility that serves only to retransmit the television signals of 1 or more television broadcast stations;

b. a facility which does not use public rights of way, public highways or streets, or private streets offered for public dedication for the construction and operation of its physical plant;

c. a facility of a common carrier as defined by federal law except to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services as defined by federal law;

d. an open video system as defined by federal law; or

e. any facilities of any electric utility used solely for operating its electric utility system.

10. "Class IV CATV channel" means a signaling path provided by a CATV System to transmit signals of any type from a Subscriber terminal to another point in the CATV System.

11. "Commission" means the Public Utilities Commission of the State of Rhode Island.

12. "Compliance order certificate" means a Certificate issued by the Administrator designating a particular applicant as grantee and holder of franchise and ownership rights to a CATV System within a specified Service Area. Such Certificate does not constitute authority to construct or operate a CATV System.

13. "Construction certificate" means a Certificate issued by the Administrator to a holder of a valid Compliance Order Certificate, authorizing construction of a CATV System which will meet specific design and operational criteria set forth in these rules and orders of the Administrator. Such Certificates shall specify the information required by these rules and the laws of this State. Issuance of a Construction Certificate does not confer authority to operate a CATV System.

14. "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate channel selector also permits Subscribers to view all signals included in the Basic Service delivered at designated converted dial locations.

15. "Division" means the Rhode Island Division of Public Utilities and Carriers, and any legally appointed, designated or elected agent or successor.

16. "Electing CATV operator" means an entity defined in §1.1.2(A)(5) of this Part that elects to continue to manage PEG access studios within its Service Area pursuant to R.I. Gen. Laws § 16-61-6.2(e).

17. "FCC" means the Federal Communications Commission, and any legally appointed, designated, or elected successor.

18. "Gross revenues" means all revenue derived directly or indirectly by a CATV Certificate holder, its affiliates, subsidiaries, parent, and any person in which it has a financial interest, from or in connection with the operation of a CATV System within the State of Rhode Island pursuant to these rules and the laws of this State; provided, however, all revenues, shall include but not be limited to Basic Service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, and advertising revenues; and that this shall not include any taxes on services furnished by a CATV System Operator imposed directly upon any Subscriber or user by a Municipality, the State, or other governmental unit and collected by a CATV System Operator on behalf of said governmental unit. Gross Revenues shall not include revenues derived from Information Services.

19. "Information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.

20. "Interconnect" means the entity designated by the Administrator and the Rhode Island General Laws to construct and operate, as necessary, the transmission and reception facilities necessary to administer and operate a Statewide Interconnection System.

21. "Institutional network" means a communication network which is constructed or operated by the CATV Operator and is generally available only to institutional Subscribers and/or users for receiving institutional services.

22. "Municipality" means a city or town in the State of Rhode Island.

23. "Other programming service" means information that a CATV Operator makes available to all Subscribers generally.

24. "Proper service" means service in accordance with standards established the FCC in 47 C.F.R. §§ 76.601 through 76.630.2 (2018).

25. "PEG" means public, education and government.

26. "Residential network" means a communications network constructed or operated by a CATV Operator that is available to Subscribers.

27. "RIPTA" means The Rhode Island Public Telecommunications Authority or its designee and is the entity with powers, duties of authority and subject to regulatory authority as provided for the in R.I. Gen. Laws §§ 16-61-6 and 16-61-6.2.

28. "Significantly viewed" means, as applied to a broadcast television station, viewed in a certain percentage of households not subscribing to CATV services, as determined in accordance with FCC rules (47 C.F.R. §§ 76.5(i), 76.54 (2018)).

29. "State" means the State of Rhode Island and Providence Plantations.

30. "Statewide interconnection system" means a system of broad-band electronic linkages by means of microwave, coaxial cable, or other means whereby the signals and electrical impulses of radio, television and other intelligences, either analog or digital, may be interchanged among any or all Service Areas or CATV Systems in this State.

31. "Subscriber" means a member of the general public or any commercial, noncommercial, governmental or institutional customer: who receives services and/or programming distributed by a CATV System and does not further distribute them, and who is responsible for any tariffed installation and/or monthly service charges.

32. "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

1.1.3Authority of Administrator and Division

A. In accordance with the terms of R.I. Gen. Laws Chapter 39-19 as amended, every person or company owning or operating a CATV System in this State is subject to the jurisdiction of the Division, to these rules, and to such orders as the Division may issue.

B. Applicants for the holders of CATV Certificates described in these rules will be taken and held to have acknowledged and agreed that the Division is empowered by R.I. Gen. Laws § 39-19-6 to, from time to time, promulgate and enforce such reasonable rules and regulations as it may deem necessary with reference to issuance of Certificates, territory of operation, abandonment of facilities, elimination of unjust discrimination among Subscribers, financial responsibility and insurance covering personal injury and property damage, safety of equipment and operation and filing of reports.

C. By accepting the Certificates described in these rules, the holder will be taken and held to have acknowledged and agreed that the Administrator has the right and authority periodically to review and after hearing (if requested in accordance with Part 00-00-1 of this Tile), to revise the requirements applicable to the Certificate holder's specific system, and to make such changes, adjustments, and revisions in the terms and conditions of the Certificate as are reasonable, consistent with the public interest, and responsive to specific conditions in or specific needs of the public to be served in a specific Service Area or the State at large; and which the Administrator finds necessary in the exercise of his police powers.

1.1.4CATV Certificate Required

A. No person or company shall own a CATV System in this State unless there shall be in force and effect for the same a valid Compliance Order Certificate issued by the Administrator in accordance with these rules.

B. No person or company shall construct or cause to be constructed a CATV System in this State unless there shall be in force and effect for the same a valid Construction Certificate authorizing such construction issued by the Administrator in accordance with these rules.

C. No person or company shall operate a CATV System in this State unless there shall be in force and effect for the same a valid Certificate of Authority to Operate issued by the Administrator in accordance with these rules.

1.1.5Grant

The person or company named in a Compliance Order Certificate issued by the Administrator in accordance with these rules is the grantee of such rights for that particular CATV Service Area as authorized by R.I. Gen. Laws Chapter 39-19; and as such, said person or company is subject to the jurisdiction of the Division.

1.1.6 Rights of Way

A. Acceptance of a Compliance Order Certificate by an applicant therefor does not in itself confer upon the holder the right to erect poles or posts or to construct any conduit or other facility or maintain cables, wires or fixtures, upon, under or over any state or municipal highway or public place for the purpose of operating a CATV System. A Certificate holder must make application for permission to occupy the state or municipal right-of-way to the State Director of Transportation and the proper officials of each Municipality included in that service area having jurisdiction over such roads or public places. Such permission shall not be unreasonably withheld.

B. Applications for permission to occupy rights-of-way shall be made in such for mas the issuing authority shall require. The form of the permit shall be determined by the issuing authority, and shall at a minimum conform to the requirements of R.I. Gen. Laws § 39-19-7 and all other applicable statutes and ordinances.

1.1.7 Fees

A. Pursuant to R.I. Gen. Laws § 39-19-9, the State Controller shall determine the expenses of the Public Utilities Commission and of the Division of Public Utilities and Carriers associated with the regulation of operational CATV Systems, including the cost of Commission and Division personnel and consultants performing duties directly associated with such systems. The State Controller shall notify the Administrator of the Division in writing of the amount of such expenses. The Administrator shall thereupon apportion and assess such expenses among the several operational CATV franchise holders located in this State in the proportion that the Gross Revenue of each CATV franchise shall bear to the Gross Revenues of all of the CATV franchises issued and operational; provided however, that the sum so apportioned and assessed shall not exceed three percent (3%) of any individual CATV franchise holder's Gross Revenues. Such sum so apportioned and assessed shall be in addition to any taxes payable to the State under any other provision of law.

B. CATV franchise awardees who have received Compliance Order Certificates but, as a result of their own fault, have not received Certificates of Authority to Operate, shall be assessed two thousand five hundred dollars ($2,500) for any twelve (12) month period in which they are franchised but not in operation.

C. The holder of any CATV Certificate shall pay an annual license fee of fifty dollars ($50.00).

D. For the purposes of this section, "fiscal year" shall mean the fiscal year used by the state government of Rhode Island. "Gross Revenues" shall mean the gross revenues of a CATV Company in the company's fiscal year, which ends during the state government's fiscal year.

1.1.8Procedure

A. The provisions of the following chapters of the R.I. Gen. Laws, as amended, shall be fully applicable to proceedings before the Division relating to CATV Systems:

1. R.I. Gen. Laws Chapter 42-35 (the Administrative Procedures Act); and

2. R.I. Gen Laws Chapters 39-1 to 5 and 19, as appropriate (Public Utilities).

B. In addition to the statutes referenced in paragraph §1.1.8(A) of this Part, all proceedings before the Division relating to CATV Systems shall be subject to all established or commonly used procedures of the Division and the Public Utilities Commission, as appropriate and Part 00-00-1 of this Title.

1.1.9Rights of Individuals

A. No CATV Company shall deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of age, race, religion, sex, physical handicap, or country of national origin. All CATV System Operators shall comply at all times with all other requirements of applicable federal, state and local laws and regulations, and the requirements of all executive and administrative orders relating to nondiscrimination, which are incorporated and made part of these rules by reference.

B. No signals of a Class IV CATV Channel (as defined in §1.1.2(A)(10) of this Part) shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a written statement explaining the capabilities and operation of the terminal, and a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provision. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such authorization is required for each type of classification of Class IV CATV activity planned for the purpose, provided, however, that a CATV System Operator shall be entitled to conduct systemwide or individually addressed "sweeps" for the purpose of verifying system integrity, controlling return-path transmission, or billing.

1.1.10 Discrimination in Employment Prohibited

No holder of any CATV Certificate, nor any applicant therefor shall refuse to hire or employ, or discharge an employee or discriminate against any employee with respect to compensation, terms, conditions or privileges of employment because of age, race, religion, sex, physical handicap, or country of ancestral origin.

1.1.11Equal Employment Opportunities

A. All holders of any CATV Certificate shall establish, maintain and carry out a positive continuing program of specific practices designed to assure equal opportunity in every aspect of CATV System employment policy and practice. Such program shall at a minimum conform with all requirements contained in applicable Rhode Island and United States statutes, the regulations of the FCC, the Rhode Island Commission for Human Rights, other state and federal agencies having appropriate jurisdiction, and executive orders of the Governor of Rhode Island.

B. A copy of the equal employment opportunity program developed in accordance with the above paragraph shall be filed with the Division and revised to be kept current.

1.1.12Petition for Waiver

A. On petition by a CATV Company, the Administrator may waive any provision of these rules relating to CATV Systems.

B. The petition must be submitted in writing and shall be accompanied by a certificate of service upon the chief executive officers and clerks of the municipalities and the chairman of the Service Area Citizens' Advisory Committee within the affected Service Area, as well as the Chairman of the Cable Television Advisory Council, as recorded at the Division.

C. The petition shall state the relief requested setting forth the specific rule and citations, where appropriate, and may contain alternative requests. It shall state fully and precisely all pertinent facts and considerations relied on to demonstrate the need for the relief required and to support a determination that a grant of such relief would serve the public interest. Factual allegations shall be supported by an affidavit of a person or persons with actual knowledge of the facts, and exhibits shall be verified by the person who prepares them.

D. The Administrator, after public hearing, shall determine on the basis of the petition, written comments, and testimony received, whether the public interest would be served by the granting, in whole or part, or by the denial of the request.

1.1.13Severability

If any section, subsection, sentence, clause, phrase or portion of these rules is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

815 R.I. Code R. 815-RICR-10-05-1.1