815 R.I. Code R. 815-RICR-10-05-1.3

Current through December 3, 2024

Section 815-RICR-10-05-1.3 - Certificates and Applications

1.3.1General Provisions

A. All Certificates granted in accordance with R.I. Gen. Laws Chapter 39-19, as amended, shall be non-exclusive in nature, and of an indefinite term.

B. Applications for Certificates shall be filed with the Administrator in a format approved by the Administrator.

C. All applications for Certificates are defined as contested cases, and are subject to the provisions of R.I. Gen. Laws Chapter 42-35.

D. All Certificates granted by the Administrator shall be accompanied by an order setting forth reasons for granting the Certificate.

E. Applications will be accepted only for those areas of the State officially designated as CATV Service Areas by the Administrator.

1.3.2Invitation for Applications

A. Following the designation of an area of the State as a new CATV Service Area, the Administrator shall issue an Invitation for Applications to provide CATV service and give notice of its availability.

B. Invitations for Applications shall, at a minimum, contain the following information:

1. a description of the Service Area, including at a minimum, its numerical designations, its boundaries, the municipalities contained in it, and other pertinent information;

2. a description of the boundaries of the area within that Service Area in which service must initially be made available;

3. a description of the CATV System design and services desired for that Service Area, including any specifications, terms, conditions, or requirements established in the Administrator's order designating that Service Area;

4. a statement that all applications must, at a minimum, conform with applicable state and federal statutes, these rules, FCC rules, and Division orders;

5. the closing date for submission of completed written applications and the required fifty-dollar ($50.00) fee. Such closing dates shall be no less than sixty (60) days after the date of the Invitation for Applications; and

6. The name of the Division official who may be contacted for further information and application forms, together with the address and telephone number of the Division's offices.

C. Notice of the availability of an Invitation for Applications shall be published at least once in the Providence Journal Bulletin, at least once in any other newspaper of general circulation in the Service Area, and at least once in any two publications that may reasonably be expected to attract the attention of prospective applicants nationally. A copy of the notice shall also be mailed to each CATV Certificate holder in the State.

D. The published notice shall contain at a minimum the following information:

1. a description of the boundaries of the Service Area;

2. a statement that Invitations for Applications and application forms are available from a Division official whose name is specified, together with the address and telephone number of the Division's offices;

3. the closing date for submission of completed written applications and the required fifty dollar ($50.00) fee, which shall be the same data as given in the Invitation for Applications; and

4. a statement that all applications received will be available for public inspection at the Division's offices during regular business hours.

E. For Service Areas that have already been designated, a prospective CATV Company may submit an application for a Compliance Order Certificate pursuant to § 1.3.3 at any time without the need for the Administrator to issue an Invitation for Applications.

1.3.3Compliance Order Certificates

A. All applications for Compliance Order Certificates shall be accompanied by a fee of fifty dollars ($50.00).

B. Applications for Compliance Order Certificates shall be reviewed upon receipt. Any deficiencies noted by the Administrator must be remedied before the application will be assigned a docket number and designated for hearing by the Administrator.

C. Completed application forms for Compliance Order Certificates and any supporting documents shall provide a full and factual basis for decision-making, and shall contain at a minimum the following information:

1. channel capacity, including both the total number of channels in the proposed system and the number of channels to be energized immediately;

2. a statement of the television and radio broadcast signals to be carried, together with a description of programming and other services to be offered.

3. a description of the proposed system design and planned operation, including at least the following:

a. general area for location of headend (s) antenna(s);

b. extent and type of Information Services to be offered on the Residential Network, together with a schedule for their activation or projected availability from particular points;

c. extent and type of automated services to be provided;

d. location of origination points and origination facilities;

e. the number of channels to be made available for access uses; and

f. provisions for expansion of channel capacity and other upgrading of the technical capabilities of the system as technological improvements become available.

4. a timetable for completion of construction of the proposed system, which shall at a minimum conform with the requirements of § 1.8 of this Part, and which shall assure uniform availability of service throughout the designated Service Area (in accordance with the density standards contained in § 1.10.2 of this Part.

5. a proposed tariff (which shall meet all requirements of § 1.11 of this Part), showing the rates used in calculation of the applicant's financial projections;

6. terms and conditions under which service is to be provided to educational, charitable, and governmental entities;

7. a statement of the applicant's qualifications and experience in the cable television field, if any; and (to the extent possible) the names and professional experience of the persons or organizations who will be responsible for the design, construction, installation, and operation of the proposed system;

8. a statement indicating whether the applicant or any of its principals owns or operates any other CATV System (or holds a franchise for which no system has been built) or any newspaper or broadcast television or radio station, and a statement of the name(s) and address(es) of each such operation and the chief executive officer of the franchising authority in which each such system or station is located;

9. a statement of ownership detailing the corporate organization of the applicant (if any), including the names and addresses of officers and directors (and any other major stockholders, if any) and the number of shares held by each; and intracompany relationships, including parent, subsidiary, and affiliated companies;

10. a documented plan for financing the proposed CATV System, which shall indicate specifically every significant anticipated source of capital and any and all limitations and/or conditions with respect to the availability of the indicated sources of capital;

11. pro forma income statements and balance sheets showing ten (10) years of projected operations of the applicant. The income statement shall include, but shall not be limited to, identifying: the anticipated penetration rates in the Service Areas of proposed operation, projected revenues derived from cable, Information Services, telephone and other services for each area, projected expenses, projected earnings before interest, taxes, depreciation and amortization, and projected net income. The balance sheet shall include, but shall not be limited to, identifying: the initial assets, liabilities and capitalization of the applicant and changes thereto over the ten (10) year time-period; and

12. a statement indicating why it would be in the public interest to grant the application.

D. If, after public hearing and investigation, the Administrator is satisfied that an applicant is fit, willing, technically qualified, and financially able to perform the service for which it has applied, and to conform to the requirements, orders, rules, and regulations of the Division and laws of the State of Rhode Island and that the proposed operation will be consistent with the public interest then he shall issue a Compliance Order Certificate to that applicant.

E. An applicant which has been awarded a Compliance Order Certificate shall notify the Administrator in writing within thirty (30) days whether it will accept or decline the award.

F. In default of the delivery of written notice of acceptance of a Compliance Order Certificate, the awardee shall be deemed to have rejected and repudiated the Certificate, and thereafter the awardee shall have no rights, remedies or redress in the premises.

G. Acceptance of a Compliance Order Certificate authorizes and obligates the applicant to meet all requirements set forth in these rules for the Construction Certificate pursuant to § 1.8 of this Part

H. In the event that the boundaries of an existing Service Area are expanded or otherwise altered by order of the Administrator pursuant to § 1.2 of this Part, the Administrator shall issue an amended Compliance Order Certificate to the Certificate holder for that Service Area, who must then respond to the award of the amended Certificate as provided in §§1.3.3(E) and (F) of this Part.

1.3.4Construction Certificates

A. A Construction Certificate may be issued only to a holder of a valid Compliance Order Certificate after public hearing.

B. Pursuant to R.I. Gen. Laws § 39-19-5, each Construction Certificate shall specify, and applicants therefor shall submit for the Administrator's consideration and approval, the following:

1. a map and metes and bounds description of the certified Service Area, showing the planned phases of construction for the entire CATV System, and complete strand mapping showing the routes of all aerial and underground trunk and feeder cables in the distribution system of the initial phase of construction. Upon the request of the Division, the applicant shall submit complete strand maps detailing all aerial and underground trunk and feeder cables of all subsequent construction phases. Such map and description shall also indicate those parts of the Service Area that the applicant anticipates would receive service only through application of the proposed line extension policy;

2. a complete technical and narrative description of the system design, including system and equipment specifications;

3. proof of conformance with the technical, engineering, and safety standards and codes set forth in these rules;

4. location of towers and head end facilities;

5. proof that the applicant has obtained or applied for all known licenses, and other forms of permission required by State and local government bodies prior to commencement of construction;

6. copies of applications and/or consummated pole attachment; conduit occupancy, and right-of-way agreements;

7. copies of all arrangements with common carrier communications companies or services;

8. proof of a satisfactory method of maintenance and continuing records of operations to show adequacy of service and performance continuing financial responsibility;

9. satisfactory evidence of liability insurance coverage in amounts specified by § 1.12 of this Part; and

10. any corrections, updates or amplifications to items filed at the time of application for a Compliance Order, including especially system design parameters required to be filed by §1.3.3(C)(3) of this Part.

C. If the Administrator is satisfied that an applicant for a Construction Certificate has met all of the conditions, terms, and requirements of the Compliance Order Certificate, and of these rules, then he shall grant a Construction Certificate to the applicant.

D. Such Construction Certificate shall authorize the holder to commence actual construction of a CATV System within this State, but not constitute authority to operate said system.

E. If the holder of a Construction Certificate plans changes or alterations in its system which will result in substantive changes in any of the conditions of its Construction Certificate listed in §1.3.4(B) of this Part, the Certificate holder shall notify the Division of the substance of the changes. Upon review, the Division may require the holder to file an application to amend its Construction Certificate or proceed as it deems is appropriate under the circumstances. An application to amend a Construction Certificate will be considered on the same basis as an original application for a Construction Certificate.

1.3.5Certificates of Authority to Operate

A. A Certificate of Authority to Operate shall be issued only to a holder of a valid Construction Certificate after public hearing.

B. The holder of a Construction Certificate shall, if the Construction Certificate specifically contains such a Division-mandated requirement, give the Administrator at least sixty (60) days prior written notice before the anticipated date when the CATV System (or initial segment thereof) will be ready for commencement of actual service to the public.

C. Applicants for Certificates of Authority to Operate shall file with the Administrator a complete copy of the proposed customer contracts, rules and regulations; any and all changes; corrections; additions; and clarifications to documents previously filed with the Administrator and the Division; and any such amendments to these documents or the Administrator may require.

D. Upon the Administrator's determination that the applicant has complied with applicable statutes, these rules, and any additional terms, conditions, and requirements which may be imposed upon it by the Administrator, the Administrator shall issue a Certificate of Authority to Operate to the applicant.

E. No CATV System shall commence service to the public or other operation until it is in receipt of a valid Certificate of Authority to Operate.

F. If a Construction Certificate held by an operating CATV Company is subsequently amended by the Administrator in accordance with §1.3.4(E) of this Part, then the holder of that amended certificate shall make application to the Division for an amended Certificate of Authority to Operate. If new construction is involved, the applicant for an amended Certificate of Authority to Operate shall, if the amended Construction Certificate specially contains such a Division-mandated requirement, give the Administrator at least sixty (60 days) written notice of the anticipated date when the new sections of the system will be ready for commencement of service to the public.

815 R.I. Code R. 815-RICR-10-05-1.3