reglab/housing_qa huggingface dataset:
WV Code § 24D-1-8 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-8. Issuance of Cable Franchise Authority; Criteria; Content

(a) A franchising authority is exclusively empowered to issue a cable franchise to construct or operate facilities for a cable system upon the terms and conditions provided in this article.(b) The franchising authority, after a public hearing as provided in this article, shall issue a cable franchise to the applicant when the franchising authority is convinced that it is in the public interest to do so. In determining whether a cable franchise shall be issued, the franchising authority shall take into consideration, among other things, any objections arising from the public hearing, the content of the application or proposal, the public need for the proposed service, the ability of the applicant to offer safe, adequate and reliable service at a reasonable cost to the subscribers, the suitability of the applicant, the financial responsibility of the applicant, the technical and operational ability of the applicant to perform efficiently the service for which authority is requested, and any other matters as the franchising authority considers appropriate in the circumstances.(c) In determining the area which is to be serviced by the applicant, the franchising authority shall take into account the geography and topography of the proposed service area, and the present, planned and potential expansion in facilities or cable services of the applicant's proposed cable system and any of the applicant's existing cable systems.(d) In issuing a cable franchise under this article, the franchising authority is not restricted to approving or disapproving the application or proposal, but may issue it for only partial exercise of the privilege sought or may attach to the exercise of the right granted by the cable franchise terms, limitations which the franchising authority considers the public interest may require. The cable franchise shall be nonexclusive, shall include a description of the service area in which the cable system is to be constructed, extended or operated and the approximate date on which the service is to commence and shall authorize the cable operator to provide service for a term of fifteen years.
WV Code § 24D-1-10 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-10. Revocation, Alteration, or Suspension of Cable Franchise; Penalties

(a) Any cable franchise issued in accordance with the provisions of this chapter may be revoked, altered or suspended by the franchising authority upon the recommendation of the commission to a municipality or county acting as a franchising authority or after a hearing before the franchising authority, for the following reasons:(1) For making material false or misleading statements in, or for material omissions from, any application or proposal or other filing made with the franchising authority;(2) For repeated failure to maintain signal quality under the standards prescribed by the commission;(3) For any sale, lease, assignment or other transfer of its cable franchise without consent of the franchising authority;(4) Except when commercially impracticable, for unreasonable delay in construction or operation or for unreasonable withholding of the extension of cable service to any person in a service area;(5) For material violation of the terms of its cable franchise;(6) For failure to substantially comply with this chapter or any rules, regulations or orders prescribed by the commission;(7) For substantial violation of its filed schedule of terms and conditions of service; and(8) For engaging in any unfair or deceptive act or practice.(b) In lieu of, or in addition to, the relief provided by subsection (a) hereof, the franchising authority may fine a cable operator, for each violation under the provisions of this section, in an amount not less than $50 nor more than $5,000 for each violation. Each day's continuance of a violation may be treated as a separate violation pursuant to rules and regulations adopted by the commission. Any penalty assessed under this section shall be in addition to any other costs, expenses or payments for which the cable operator is responsible under other provisions of this chapter.
WV Code § 24D-1-11 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-11. Renewal of Cable Franchise

(a) Any cable franchise issued pursuant to this chapter may be renewed by the franchising authority upon approval of a cable operator's application or proposal therefor and in accordance with the provisions of 47 U.S.C. §546 as the same is in effect on the effective date of this chapter. The form of the application or proposal shall be prescribed by the commission. The application or proposal fee shall be the same fee prescribed for franchise applications. The periods of renewal shall be not less than five nor more than twenty years each. The commission shall require of the applicant full disclosure, including the proposed plans and schedule of expenditures for or in support of the use of public, educational or governmental access facilities. Except as otherwise provided in this section, the franchising authority shall have exclusive authority regarding the renewal of a cable franchise.(b) For cable franchises for which a proposal or application for renewal has been submitted by the cable operator to the franchising authority prior to expiration of the cable franchise and which application or proposal the franchising authority has neither approved nor denied, the cable franchise, at the cable operator's election, shall continue upon the same terms and conditions until such time as the franchising authority either approves or denies the application or proposal for renewal.
WV Code § 24D-1-12 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-12. Transfer of Cable Franchise

(a) No cable system and no cable franchise, including any system without a franchise and any franchise in existence on the effective date of this chapter, may be assigned, sold, or transferred, including a transfer of control of any cable system, whether by change in ownership or otherwise, except upon written application to and approval of the appropriate franchising authority or authorities. For purposes of this section "transfer of control" means a transfer of the majority interest, either directly or indirectly, in the entity holding the cable franchise. The form of the application for transfer shall be prescribed by the commission.(b) Notice provisions may be prescribed by the commission for encumbrances creating potential transfers.(c) The procedure for consideration of any transfer under the provisions of this section shall conform, as nearly as possible, to the procedures prescribed in sections six and seven of this article for the consideration of issuing cable franchises, including the application fee therefor.(d) Except as otherwise provided in this section, the franchising authority shall have exclusive authority regarding the approval of transfers of cable franchises.
WV Code § 24D-1-13 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-13. Rates; Filing With Public Service Commission; Approval

(a) The commission shall require each cable operator to file a schedule of its rates of service on a form and with the notice that the commission may prescribe. The schedule shall be filed with the annual report referenced in section twenty-four of this article.(b) To the extent permitted by federal law, the commission shall regulate rates to ensure that they are just and reasonable both to the public and to the cable operator and are not unduly discriminatory.(c) To the extent permitted by federal law, the commission shall regulate charges other than those related to rates for the provision of basic cable service to ensure that they are just and reasonable and not unduly discriminatory.
WV Code § 24D-1-14 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-14. Requirement for Adequate Service; Terms and Conditions of Service

(a) Every cable operator shall provide safe, adequate and reliable service in accordance with applicable laws, rules, franchise requirements and its filed schedule of terms and conditions of service.(b) The commission shall require each cable operator to submit a schedule of all terms and conditions of service in the form and with the notice that the commission may prescribe. The schedule shall be submitted with the annual report referenced in section twenty-four of this article.(c) The commission shall ensure that the terms and conditions upon which cable service is provided are fair both to the public and to the cable operator, taking into account the geographic, topographic and economic characteristics of the service area and the economics of providing cable service to subscribers in the service area.
WV Code § 24D-1-15 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-15. Procedures for Restoring Interrupted Service and Improving Substandard Service

(a) Each cable operator, for the purpose of restoring interrupted service and improving substandard service, shall be able to receive calls twenty-four hours a day, seven days a week, and shall have one or more qualified persons as may be necessary to repair the cable system, facilities and equipment owned by the cable operator and located on a subscriber's premises, including, but not limited to, cable receiving equipment and directly associated equipment.(b) Each cable operator shall restore interrupted service not later than twenty-four hours after being notified by a subscriber that service has been interrupted, unless: (1) Service cannot be restored until another company repairs facilities owned by such company and leased to, or required for the operation of, the cable service; (2) the interruption was caused by an act of nature; or (3) the cable operator is unable to restore service within twenty-four hours due to extenuating circumstances. In the event of such extenuating circumstances, the company shall restore service as soon as feasible and then submit a written notice to the commission indicating that service has been restored and explaining the nature of the extenuating circumstances.
WV Code § 24D-1-16 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-16. Credit or Refund for Interrupted Service

(a) If cable service to a subscriber is interrupted for more than twenty-four continuous hours, such subscriber shall, upon request, receive a credit or refund from the cable operator in an amount that represents the proportionate share of such service not received in a billing period, provided such interruption is not caused by the subscriber.(b) The commission may promulgate rules establishing a viewing time reliability standard for cable operators and requiring such companies to file with the commission information on service interruptions not caused by subscribers.
WV Code § 24D-1-17 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-17. Office Operating Requirements; Office Hours

Each cable operator shall operate a business office in or near its area of operation as approved by the franchise authority or the commission that shall be open during normal business hours, and each cable operator shall operate sufficient telephone lines, including a toll-free number or any other free calling option, as approved by the commission, staffed by a company customer service representative during normal business hours.
WV Code § 24D-1-18 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-18. Notice to Subscribers Regarding Quality of Service

(a) Annually, every cable operator shall mail to each of its subscribers a notice which:(1) Informs subscribers how to communicate their views and complaints to the cable operator and to the commission;(2) States the responsibility of the commission to receive and act on consumer complaints concerning matters other than channel selection, programming and rates; and(3) States the policy regarding the method by which subscribers may request rebates or pro rata credit as described in section sixteen of this article.(b) The notice shall be in nontechnical language, understandable by the general public, and in a convenient format. On or before January 30, each year, the operator shall certify to the franchising authority and the commission that it has distributed the notice as provided in this section during the previous calendar year as required by this section.
WV Code § 24D-1-19 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-19. Recording of Subscriber Complaints

(a) Every cable operator shall keep a record or log of all complaints received regarding quality of service, rates, programming, equipment malfunctions, billing procedure, employee relations with customers and similar matters as may be prescribed by the commission. The records shall be maintained for a period of two years.(b) The record or log shall contain the following information for each complaint received:(1) Date, time, nature of complaint;(2) Name, address, telephone number of complainant;(3) Investigation of complaint; and(4) Manner and time of resolution of complaint.(c) Consistent with the subscriber privacy provisions contained in 47 U.S.C. §551 as the same is in effect on the effective date of this chapter, every cable operator shall make the logs or records, or both, of such complaints available to any authorized agent of the commission and the franchising authority, upon request during normal business hours for on-site review.
WV Code § 24D-1-20 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-20. Franchise Document Clearinghouse

(a) All cable operators holding an existing franchise on the effective date of this article shall file a copy of the franchise and any federal communications commission rulings or other rulings affecting such franchises with the commission with the annual report filed in one thousand nine hundred ninety-nine as referenced in section twenty-four of this article.(b) Within sixty days of the granting of an initial franchise, a renewal franchise or a transferred franchise, the franchisee shall file a copy of the franchise and any federal communications commission rulings or other rulings affecting such franchise with the commission and the franchising authority. The commission and franchising authority shall maintain a file of all franchise documents so recorded and make copies available upon request for the cost of reproduction and mailing, plus a reasonable administrative fee. The filing fee for initial, renewal or transfer franchise documents is $50 per franchise, renewal or transfer of such franchise. In years in which the filing of initial, renewal or transfer franchise documents is not required, the franchisee shall pay a fee of $25 for each franchise it holds.(c) All such fees paid by any cable operator are franchise fees with the intent and meaning of 47 U.S.C. §542 as the same is in effect on the effective date of this chapter.
WV Code § 24D-1-21 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-21. Rights of Individuals

A cable television system operator may not deny service, deny access, or otherwise discriminate against subscribers, channel users, or any other citizens on the basis of age, race, religion, sex, physical handicap or country of natural origin.
WV Code § 24D-1-22 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-22. Complaints; Violations; Penalties

(a) Complaints of affected parties regarding the operation of a cable system must be made in writing and filed with the commission. The commission shall take up such complaints with the cable operator complained against in an endeavor to bring about satisfaction of the complaint without formal hearing. The commission shall not consider any complaint involving programming or any other issue that is preempted by federal law.(b) The commission shall resolve all complaints, if possible informally. No form of informal complaint is prescribed, but the writing must contain the essential elements of a complaint, including the name and address of the complainant, the correct name of the cable operator against which the complaint is made, a clear and concise statement of the facts involved and a request for affirmative relief.(c) In the event that the commission cannot resolve the complaint to the satisfaction of all parties, the complainant may file a formal request to the commission and the complainant and cable operator shall be afforded all rights including the right of appeal as set forth in chapter twenty-four of this code. (d) A cable operator may be subject to a fine or civil penalty in accordance with subsection (e) hereof, upon a determination by the commission or court that the cable operator has violated any of the following:(1) The material terms of its cable franchise; or(2) Substantial compliance with this article or rules or orders prescribed by the commission.(e) The commission may fine or obtain civil penalties against a cable operator for each violation of subsection (d) of this section in an amount not less than $100 nor more than $1,000 for each violation. Any penalty assessed under this section is in addition to any other costs, expenses or payments for which the cable operator is responsible under other provisions of this section.(f) In addition to fines and civil penalties, the commission may determine and declare and by order require for violation of subsection (d) of this section the cable operator to comply with the terms of its franchise or the requirements of this article or orders prescribed by the commission. (g)No cable operator may raise rates or retier and charge subscribers without providing to his or her subscribers sufficient advance written notice and opportunity to discontinue service.
WV Code § 24D-1-23 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-23. Other Duties of Commission; Suit to Enforce Chapter

(a) The commission has the power and jurisdiction to supervise every cable operator within this state so far as may be necessary to carry out the purposes of this chapter and to do all things which are necessary or convenient in the exercise of this power and jurisdiction.(b) The commission may adopt rules and regulations as are necessary to implement the provisions of this article. The rules and regulations promulgated by the cable advisory board pursuant to repealed article eighteen, chapter five, and in force and in effect on December 31, 1997, shall remain in effect and hereby become the rules and regulations of the commission.(c) The commission or the commission's designated representatives may, from time to time, visit the places of business and other premises and examine the records and facilities of all cable operators to ascertain if all laws, rules, regulations and cable franchise provisions have been complied with, and may examine all officers, agents and employees of cable operators and all other persons, under oath, and compel the production of papers and the attendance of witnesses to obtain the information necessary for administering this article.(d) The commission may appoint or contract for assistants and clerical, stenographic and other staff as may be necessary for the proper administration and enforcement of this article.(e) The commission or other aggrieved party may institute, or intervene as a party in, any action in any court of law seeking a mandamus, or injunctive or other relief to compel compliance with this chapter, or any rule, regulation, or order adopted hereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection with this article.
WV Code § 24D-1-24 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-24. Annual Reports

Each cable operator shall file annually with the commission reports of its financial, technical and operational condition and its ownership. The reports shall be made in a form and on the time schedule prescribed by the commission and shall be kept on file open to the public.
WV Code § 24D-1-25 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-25. Annual Fees; Effect of Application and Filing Fees on Franchise Fees

(a) Each cable operator shall pay to the commission an annual fee in an amount of 12¢ per subscriber. Such funds and all other funds to be paid to the commission under the provisions of this chapter shall be deposited into a special fund designated the "cable fund." Such fund shall be used for purposes of administering the provisions of this article. To the extent permitted by federal law, the commission may prohibit cable operators from assessing subscribers for any contribution toward the annual fee to be paid hereunder.(b) Any filing fee required under the provisions of this chapter and the annual fee to be paid to the commission under the provisions of this section, together with any franchise fee paid to any franchising authority, may not exceed the maximum amount for any franchise fee as set forth in 47 U.S.C. §542 as the same is in effect on the effective date of this article.(c) The commission shall not impose on or collect from any cable operator franchise fees when acting in the capacity as a franchising authority, other than fees set out in subsection (a) of this section and any filing fee required by this article.
WV Code § 24D-1-26 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-26. Cable Television Industry Not Regulated as a Utility

No provision of this article may be construed to grant the commission the power to regulate the cable television industry as a utility.
WV Code § 24D-1-27 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-27. Current Method of Taxation Preserved

Enactment of the amendments to section three, article one, chapter twenty-four of this code and this article in the year 1999 shall in no way change how cable television providers, cable television property and cable television services are taxed by this state or its political subdivisions after the effective date of this enactment. For tax purposes, providers of cable television services who do not provide telephone services over the same system are not engaged in providing a public service and are neither a public service business nor a public utility as those terms were used in the tax laws of this state and its political subdivisions on December 31, 1998, and the cable television service furnished by them is not a service subject to regulation by the Public Service Commission for purposes of exemption from tax under section eight, article fifteen, chapter eleven of this code. This method of taxing providers of cable television services, their property and services shall remain in effect until affirmatively changed by the Legislature.