815 R.I. Code R. 815-RICR-10-05-1.16

Current through December 3, 2024

Section 815-RICR-10-05-1.16 - Reports and Filings

1.16.1Annual Report Required

A. Within one year of the granting of a Certificate of Authority to Operate, on March 31 and annually thereafter, every CATV Operator and RIPTA, as applicable, shall file a report with the Division, containing the information required by the following sections and any other information the Administrator may require. The report shall be made in a form acceptable to the Administrator.

B. The Division shall review each such annual report as it is received, and present the results of its review to the Administrator.

1.16.2Annual Report - Financial, Ownership, Management Information

A. Every annual report submitted to the Division in accordance with § 1.16.1 of this Part shall contain the following information regarding ownership, management, and financial condition of the Certificate holder:

1. a sworn financial and operating report including a balance sheet and profit and loss statement;

2. a list of its officers, directors, and management personnel; and

3. a statement containing the name, address, date of birth, and social security number of each legal and each beneficial holder of more than five percent (5%) of its stock; and the name, address and nature of business of any enterprise in which it has more than five percent (5%) interest.

1.16.3Annual Report - Facilities, Services, Subscriber Information

A. Every annual report submitted to the Division in accordance with § 1.16.1 of this Part shall contain the following information regarding the physical facilities and equipment of the system, its Subscriber population, and the services offered by it:

1. current exact location of head-end (and sub-headends or hubs, if any), studios and offices;

2. a listing of broadcast and non-broadcast signals carried;

3. a report on the nature and extent of programming originated by the CATV System Operator (whether automated, live, or videotape);

4. a report on the nature and extent of utilization of access channels and institutional services;

5. a report on the nature and extent of any experimentations and service innovations conducted during the previous twelve months;

6. a report on the nature of the use of system facilities (including studio and mobile and portable production equipment) by noncommercial and commercial customers other than users of access channels;

7. a breakdown of Basic Service and Cable Programming Service Subscribers by Service Area; and

8. the name and address of each Subscriber receiving free monthly installation of Cable Service (specifying levels of service contracted for by each), along with the relationship of each such Subscriber to the system. Notwithstanding the foregoing, the CATV Company shall not be required to provide any Subscriber information in violation of § 631 of the Cable Act (47 U.S.C. § 551 (2018)) or any other applicable law regarding the protection of Subscriber privacy.

1.16.4Accounting and Reporting

A. Each CATV Company, and RIPTA, for its PEG access and Interconnect operations, shall keep such books of accounts and all other books and financial records applicable to its system in this State in accordance with generally accepted accounting principles (GAAP).

B. Each CATV Company, and RIPTA, for its PEG access and Interconnect operations, shall file annually with the Division the appropriate forms required by the GAAP within ninety (90) days following the close of the company's fiscal year.

C. A CATV System Operator, and RIPTA, for its PEG access and Interconnect operations, who ceases to operate a CATV System in this State shall promptly notify the Division of that fact and file, no later than thirty (30) days after ceasing operation, a final financial report in a form and manner acceptable to the Division.

D. Nothing in this section shall be construed to limit the Division's power to require additional or supplemental information.

1.16.5 Availability of Books and Records

Each CATV Company, and RIPTA, for its PEG access and Interconnect operations, shall fully cooperate in making available at reasonable times, and the Division shall have the right to inspect the books, records, maps, plans and other like materials of the company applicable to its system or systems in this State, at any time during reasonable business hours; provided where volume and convenience necessitate, the company may require inspection to take place on its own premises.

1.16.6Annual Access Provider Report

A. Every Electing CATV Company shall file a report with the Division each year (January 1 through December 31) or portion of a year concerning its efforts in the administration of access. The report shall be due on March 31 of the following year and shall be in a form and contain such information that is acceptable to the Administrator.

B. RIPTA shall file a report with the Division each fiscal year concerning its efforts in the administration of access. The report shall be due within 90 days of the conclusion of RIPTA's prior fiscal year and shall be in a form and contain such information that is acceptable to the Administrator.

1.16.7CATV Company Assessment Report

In addition to its ongoing authority to regulate Rhode Island CATV Companies and RIPTA, for its PEG access and Interconnect operations, under R.I. Gen. Laws Chapters 39-19 and 16-61, respectively, the Division shall conduct an assessment of the operations of each cable company and RIPTA, for its PEG access and Interconnect operations, in the State every five (5) years as it relates to its compliance with this Part. The Division shall hold at least one (1) public hearing and may retain expert witnesses. The first such report shall be completed within twelve (12) months following the adoption of this rule, and every five (5) years thereafter. The report shall be in a form suitable to the Administrator.

1.16.8 Periodic Rules Review

In addition to its ongoing authority to promulgate rules and regulations regarding the regulation of cable television in the State of Rhode Island under R.I. Gen. Laws Chapter 39-19, every ten (10) years from the date of the promulgation of these rules, the Division shall conduct a review of these rules to ensure that they are in conformance with the future cable-related community needs and interests of the people of the State of Rhode Island.

815 R.I. Code R. 815-RICR-10-05-1.16