W. Va. Code R. § 187-1-4

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

Section 187-1-4 - Invitation of applications; public notice of request for proposals

4.1. A franchising authority shall invite applications for a cable television franchise by means of a public notice advertising the availability of its requests for proposals. The public notice shall contain, but need not be limited to;

4.1.1. A description of the political or geographic boundaries of the area for which a franchise is sought.

4.1.2. A statement that a formal request for proposals is available to prospective applicants from a municipal, county or West Virginia Cable Television Advisory Board officer whose name, address, and telephone number are specified.

4.1.3. A statement that applications for the franchise must be submitted in writing following the application form and manner specified by the West Virginia Cable. Television Advisory Board no later than a date certain (which date shall be not less than 6 0 days from the date of final publication of the public notice).

4.1.4. A statement that all applications will be made available for public inspection during normal business hours at a specified location within the county of the cable service area.

4.2. The public notice of request for proposals shall for -cable franchises "having a service area with more than 1000 homes passed be published in the following manner;

4.2.1. At least once in each two different calendar weeks in a newspaper of general circulation in the county or counties in which the proposed service area is located.

4.2.2. At least once in any two publications that may reasonably be expected to attract the attention of prospective franchise applicants nationally.

4.2.3. The last published notice shall appear at least fifteen days prior to the date of the hearing.

4.2.4. Public notice advertising proposals for more than one franchise may be published together within the same ad.

4.3. The public notice of request for proposals shall for cable franchises having a service area with 1000 homes passed or less be published in the following manner:

4.3.1. At least once in each two different calendar weeks in a newspaper of general circulation in the county or counties in which the proposed service area is located.

4.3.2. At least once in each two different calendar weeks in a newspaper having significant general statewide circulation in West Virginia, or significant general circulation in Charleston, West Virginia.

4.3.3. The last published notice shall appear at least fifteen days prior to the date of the hearing.

4.3.4. Public notice advertising proposals for more than one franchise may be published together within the same ad.

4.4. Promptly upon the filing of its public notice of request for proposals to any magazine or newspaper for publication, the franchising authority shall furnish the West Virginia Cable Television Advisory Board true and complete copies of:

4.4.1. The proposed public notice.

4.4.2. The formally adopted request for proposals.

4.5. Upon receipt of proof of publication from the publishers, the franchising authority shall forward a copy of such proof to the Board.

4.6. If the franchising authority is the West Virginia Cable Television Advisory Board, notice shall be given to the city council and mayor of any municipalities affected, the county commission of any counties affected and to any telephone or other utility and cable company in the county or counties affected by the proposed service area.

W. Va. Code R. § 187-1-4