W. Va. Code R. § 150-26-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-26-5 - Procedure For Granting Transfer of a Cable Franchise or Cable System

5.1. Every application submitted to a franchising authority for the transfer of a cable franchise or non-franchised cable system (hereinafter "cable system") shall use the Federal Communication Commission (hereinafter FCC) Form 394 to provide the information necessary to determine whether a transfer should be granted. (See FCC Form 394.)

5.2. The franchising authority shall not accept applications for transfer of a cable franchise or cable system that do not use the FCC Form 394. The franchising authority shall not accept applications which have not followed the instruction and format required by the FCC.

5.3. The application must provide all information required by the FCC before it may be accepted for filing and considered by the franchising authority. A franchising authority shall have 120 days from the date of submission of a completed FCC Form 394, together with all exhibits and any additional information required by the terms of the franchise agreement to act upon an application to sell, assign or otherwise transfer controlling ownership of a cable system franchise.

5.4. Any franchising authority that questions the accuracy of the information provided under 5.3. above or completeness of the application, must notify the applicant in writing within thirty (30) days after receipt of the application or such information will be deemed accepted and the application will be deemed to be complete, unless the cable operator has failed to provide any additional information recently requested by the franchising authority within ten days of such receipt.

5.5. If an application for a transfer of a cable franchise or cable system is rejected as incomplete or for failing to use the proper form and format of the application form provided by the FCC, the franchising authority shall notify the applicant in writing the reasons for rejection in accordance with the time frames established in 5.4. above.

5.6. The franchising authority shall use due diligence to investigate and assess the technical ability, financial condition, and character of every transfer applicant in order to determine whether it would be in the public interest to grant a transfer.

5.6.1. Specific factors the franchising authority must consider when determining whether granting a specific cable transfer application would be in the pubic interest are:

5.6.1.a. Any objections arising from the public hearing;

5.6.1.b. The content of the application or proposal;

5.6.1.c. The public benefit from the transfer;

5.6.1.d. The ability of the applicant to offer safe, adequate and reliable service at a reasonable cost to the subscribers;

5.6.1.e. The suitability as to the good character of the applicant;

5.6.1.f. The financial responsibility of the applicant;

5.6.1.g. The technical and operational ability of the applicant to perform efficiently the service for which authority is requested;

5.6.1.h. The ability of the transfer applicant to provide the present, planned, and potential expansion in facilities or cable services agreed to by the current franchise holder; or where no such agreement exists the ability of the transfer applicant to provide the expansion in facilities and cable services consistent with the reasonable future cable-related community needs and interests; and

5.6.1.i. Any other matters the franchising authority considers appropriate in the circumstances.

5.7. The franchising authority may conduct a public hearing prior to granting any transfer of a cable franchise or cable system. The hearing shall be preceded by reasonable notice to the transfer applicant, the transferring cable operator, and the public and shall be conducted by the franchising authority in accordance with the following procedures:

5.7.1. There shall be an agenda for the hearing which shall specify the transfer(s) to be considered at the hearing.

5.7.2. Every person who has applied for a transfer of a cable franchise or cable system shall appear at the hearing either in person or by authorized representative. The application of the applicant who does not appear will not be further considered except far good cause shown for the absence.

5.7.3. All persons shall be given full opportunity to participate in the hearing and to ask questions of any applicant or participant in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions.

5.7.4. The notice of hearing shall:

5.7.4.a. Conform to all relevant state and local laws and ordinances;

5.7.4.b. Describe the agenda to be considered at the public hearing; and.

5.7.4.c. Indicate that copies of all transfer applications are available for public inspection during normal business hours at a place to be specified in the notice.

5.7.5. The hearing may not be held unless the public has been given notice pursuant to subsection 5.7.4. of this rule, at least thirty (30) days prior to the date of the hearing.

5.7.6. If a public hearing is held, the franchising authority shall provide the Commission with a copy of the Notice of Public Hearing for Transfer at the time it is published.

5.8. The franchising authority shall either grant or deny a transfer of a cable franchise or cable system within a period of one hundred twenty (120) days from receipt of the application for transfer of the cable franchise or cable system. If a franchising authority fails to act within this period, the request shall be deemed granted unless the franchising authority and requesting party otherwise agree to an extension. The endorsement of the transfer of a franchise shall be made on Form No. 3.

5.9. A franchising authority may grant a transfer of a cable franchise or cable system only if due diligence is used in reviewing the transfer application to protect the interests of the residents of the service area affected by the proposed transfer.

W. Va. Code R. § 150-26-5