Current through Register Vol. XLI, No. 50, December 13, 2024
Section 187-1-9 - Procedure for Renewal of Existing Franchises9.1. At any time within the final three years of a franchise, the franchising authority may, and shall if requested by the cable operator, conduct a public hearing which gives the public in the franchise area an opportunity to identify the franchise area's future cable-related needs and interests and to review the past performance of the cable operator during the current franchise. 9.1.1. Notice of the public hearing shall be published at least once in each of two different calendar weeks in a newspaper of general circulation in the county or counties in which the franchise area is served. The last published notice shall appear at least fifteen (15) days prior to the date of the hearing.9.2. Upon completion of a public hearing pursuant to subsection 9.1. of this rule, a .cable operator may submit a proposal for renewal of a franchise to the appropriate franchising authority by a date established by the franchising authority.9.3. Every proposal for a renewal of a franchise shall be on the form established by the West Virginia Cable Television Advisory Board to provide the information necessary to determine whether a renewal should be granted.9.4. The franchising authority shall not accept proposals for renewal of franchises that do not use the form provided by the West Virginia Cable Television Advisory Board. The franchising authority shall not accept proposals for renewal that have not followed the instructions and format required by the West Virginia Cable Television Advisory Board.9.4.1. A franchising authority may invite applications for "a cable television franchise for the service area up for renewal at any time before or during the renewal process. If a franchising authority decides to invite such applications, it shall follow the procedures set forth in sections 4 through 8 of this rule to obtain and evaluate such applications.9.5. The proposal for renewal must provide all information required by the West Virginia Cable Television Advisory Board before it may be accepted for filing and considered by the franchising authority.9.5.1. The franchising authority shall promptly provide the West Virginia Cable Television Advisory Board with a copy of the proposal for a renewal.9.5.2. If a franchised cable operator - submits a proposal for renewal, the franchising authority shall notify the franchised cable operator in writing that its proposal for renewal has been either accepted for filing or rejected within thirty (30) days of receipt of the renewal proposal.9.5.3 If a proposal for a renewal is rejected as incomplete or for failing to use the proper form and format of the proposal for renewal form provided by the West Virginia Cable Television Advisory Board, the franchising authority shall notify the franchised cable operator in writing the reasons for rejection and provide the franchised cable operator thirty (30) days to file a correct and completed proposal for renewal.9.6. Upon the filing of a proposal for renewal of a franchise, either pursuant to subsection 9.2. of this rule or at anytime within the final three years of the franchise, the franchising authority shall provide prompt public notice of such filing and, within four months of the completion of any proceeding under subsection 9.1. of this rule, or if no such proceedings were held, then within four months of the filing of the proposal, shall either renew the franchise or issue a preliminary determination that the franchise should not be renewed. 9.6.1. Following the filing of a proposal for renewal, the franchise authority shall commence an administrative proceeding and provide public notice of such proceeding to consider whether the renewal should be granted based on whether:9.6.1.a. The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;9.6.1.b. The quality of the cable operator's service, including signal quality, response to consumer complaints, and billing practices has been reasonable in light of community needs;9.6.1.c. The cable operator has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in the cable operator's proposal for renewal; and9.6.1.d. The cable operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the costs of meeting such needs and interests.9.6.2. In any administrative proceeding conducted under subsection 9.6.1. of this rule the cable operator shall be given thirty (30) days notice of the date of the proceeding and the issues to be addressed unless both the cable operator and the franchising authority stipulate to a different notice period. The West Virginia Cable Television Advisory Board shall also be given notice of this proceeding.9.6.3. Both the cable operator and the franchising authority, or its designee, shall be given fair opportunity to participate fully in the proceeding. Such participation shall include the right to introduce evidence, question and cross-examine witnesses, and to require the production of evidence.9.6.4. A transcript shall be made of the administrative proceeding.9.6.5. Within sixty (60) days of the completion of an administrative-proceeding conducted pursuant to subsection 9.6.1. of this rule the franchising authority shall issue a written decision and the reasons for granting or denying the proposal for renewal of a franchise. The franchising authority shall promptly transmit a copy of its decision to both the cable operator and the West Virginia Cable Television Advisory Board. Any renewal of a franchise granted by a franchising authority may be for a period of not less than five nor more than twenty years.9.6.6. A franchising authority's decision to deny a renewal must be based upon one or more adverse findings made with respect to the factors outlined in subsections 9.5.1.a. through 9.6.1.d. of this rule. A franchising authority, however, may not base a denial of renewal on either subsection 9.6.1.a or 9.5.1.b. of this rule: 9.6.6.a. For events which occurred after October 30, 1984, unless the franchising authority provided the operator with notice of the events and the opportunity to correct any problems; or9.6.6.b. In any case where it is documented that the franchising authority waived its right to object or effectively acquiesced in to the practices of the cable operator. . .9.7. Any cable operator aggrieved by a final decision of a franchising authority issued pursuant to administrative proceedings pursuant to subsection 9.6.1. of this rule may seek judicial review of that decision within one hundred twenty (120) days of their receipt of the decision from the franchising authority.9.7.1. Any cable operator having its proposal for renewal denied pursuant to subsection 9.6.6. of this rule may at the appropriate time submit an application for a franchise following the procedures set forth in sections 1 to 8 of this rule. Such an application for a franchise shall be considered according to the criteria set forth in sections 1 to 8 of this rule.9.8. The franchise renewal agreement entered into between the franchising authority and the cable, operator must contain certain provisions and follow the standards as set forth by law or by guidelines as adopted by the Board. All franchise renewal agreements must be filed with the Board and are subject to its review to ensure compliance.9.9. Provisions contained in franchise renewal agreements entered into after the effective date of the West Virginia Cable Television Systems Act which conflict with or are contrary to law or the guidelines adopted by the Board are null and void, and the Board may institute action under W. Va. Code § 5-13-26(e) to correct any omission in the contract, as well as prohibit enforcement of any unlawful or invalid contract provisions.