Section 815-RICR-10-05-1.2 - CATV Service Areas1.2.1AuthorityPursuant to the provisions of R.I. Gen. Laws § 39-19-6, the Administrator shall have authority to designate various areas of the State as CATV Service Areas, upon petition by an interested party (which may include Division staff with responsibility for cable television) and to approve or disapprove petitions for designation of new CATV Service Areas or alteration of previously designated CATV Service Areas, subject to the procedures provided for in this chapter.
1.2.2Petitions for Designation or Alteration of Service AreasA. A petition to designate an area of the State as a CATV Service Area or to alter a previously designated CATV Service Area, may be filed by Division staff with responsibility for cable television, by a Municipality or group of Municipalities, a CATV Company, or any party who has announced an intention to form a CATV Company.B. The petition shall be in a form acceptable to the Administrator, and shall contain at a minimum the following information: 1. identity of the party filing the petition;2. name, address and telephone number of the person who may be contacted for further information about the petition;3. a U.S. Geodetic Survey map (or equivalent) showing the boundaries of the proposed CATV Service Area and the boundaries of the territory within this Service Area in which CATV service would be initially available;4. population and number of dwelling units in the total proposed service area and in the territory in which CATV service would be initially available;5. population density data or other information which will demonstrate to the Administrator that all areas in which service is or may become feasible are being included in the proposed CATV Service Area, and in the territory within the serviced area in which CATV service would be initially available;6. financial and or other information which will assist the Administrator in determining the financial viability of a CATV System in the proposed Service Area; and7. a statement to support the contention that to grant the petition would be in the public interest.1.2.3Service of PetitionsA. Copies of petitions to designate or alter a CATV Service Area shall be served upon the following, at substantially the same time as the petition is served upon the Administrator: 1. the clerk and chief executive officers of all municipalities encompassed in the proposed service area;2. the clerk and chief executive officers of all Rhode Island municipalities adjacent to the proposed service area; and3. any CATV System Operator or other CATV Certificate holder within the State of Rhode Island.1.2.4Procedure for CATV Service Area DesignationA. The Administrator shall designate petitions relating to designation of Service Areas for hearing within a reasonable time. At least one hearing shall be held at a location in the proposed Service Area to afford opportunity for public comment.B. In determining whether to approve or reject a petition requesting designation or alteration of a CATV Service Area, the Administrator shall consider the following: 1. the communications needs and desires of the residents of the community, as expressed in needs assessment reports submitted pursuant to § 1.2.6 of this Part;2. the prospects for and likelihood of development of CATV Systems in areas within and contiguous to the proposed CATV Service Area, and what impact the proposed designation or expansion can be expected to have on those prospects;3. whether the proposed boundaries encompass any areas which would be more appropriately included in an adjacent CATV Service Area;4. the economic viability of a CATV System operated in the proposed CATV Service Area; and5. any other factors deemed relevant by the petitioner or Administrator.C. If after hearing and investigation the Administrator finds that to approve a proposal to designate an area of the State as a CATV Service Area, or a proposal to alter a previously designated Service Area, would be in the public interest, he shall grant the petition therefor.1.2.5 Service Area Designation and Alteration Orders; Invitations for ApplicationsA. All CATV Service Area designation or alteration proceedings shall be terminated by a written order setting forth reasons why the petition was either approved or rejected.B. In addition, orders approving petitions for designation or alteration of CATV Service Areas shall include at a minimum the following:1. the numerical designation of the Service Area;2. an identification of the boundaries of the Service Area;3. a provision specifying that portion of the Service Area in which service must initially be made available;4. a provision incorporating by reference the final written report of the Service Area Citizens' Advisory Committee for that Service Area (required by § 1.2.6 of this Part), and any other reports or documents considered in the proceeding; and5. provisions setting forth any specifications, conditions, or requirements consistent with the public interest relating to the specific system which may be built in that Service Area. Such terms, conditions, and requirements shall be binding on all applicants for Certificates in that Service Area; provided, however, that in the case of a Service Area being expanded, the terms, conditions, and requirements shall be binding upon the Certificate holder for that Service Area; provided further that the Certificate holder accepts an appropriately amended Compliance Order Certificate pursuant to § 1.3.3 of this Part.1.2.6Needs Assessment ReportsThe Service Area Citizens' Advisory Committee appointed by the Administrator for the proposed Service Area (as provided for in § 1.15.1 of this Part) shall be responsible to prepare and submit to the Administrator a written report of the committee's assessment of the communications needs and desires of the residents of the proposed Service Area, as set forth in §1.15.1(F)(3) of this Part. Nothing herein shall preclude the submission of a community needs assessment report by any other party in interest.
815 R.I. Code R. 815-RICR-10-05-1.2