reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.03 - Cessation Plan

Current through Register 1525, July 5, 2024
(1) Within five
			 business days of providing notice of its intended cessation of activities
			 pursuant to
			 205
			 CMR 258.01, the Sports Wagering Operation
			 shall submit a plan to the Commission that addresses:
(a) The distribution of winnings to patrons
			 holding unredeemed Wagers;
(b) The
			 refund of pending Wagers that will not be paid out before the cessation of
			 operation;
(c) The distribution of
			 funds in a patron's Sports Wagering Account maintained by a Sports Wagering
			 Operator to that patron;
(d) The
			 closure of Sports Wagering Accounts maintained by the Sports Wagering
			 Operator;
(e) The closure of the
			 Sports Wagering Operator's Sports Wagering Area, Sports Wagering Facility, or
			 Sports Wagering Platform;
(f) The
			 Sports Wagering Operator's plan to satisfy outstanding debts and obligations,
			 including excises taxes due to the Commission pursuant to M.G.L. c. 23N, §
			 14 and
			 205 CMR
			 240.00:
Adjusted Gross Sports Wagering and
			 Adjusted Gross Fantasy Wagering Receipts Tax Remittance and
			 Reporting
;
(g) The Sports
			 Wagering Operator's plan to communicate the cessation plan to the public,
			 patrons, and vendors, including applicable timelines for cessation;
			 and
(h) A description of the status
			 and current balance of the letter of credit or other financial assurance
			 mechanism held by the Sports Wagering Operator pursuant to
			 205
			 CMR 238.12(6)  and any
			 information necessary to permit the Commission or its appointed conservator or
			 receiver to access and use such letter of credit or other financial assurance
			 mechanism to satisfy the obligations in
			 205
			 CMR 258.03(1)(a) through (f)
			 to the extent feasible.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.04 - Reporting

Current through Register 1525, July 5, 2024
(1) The Sports Wagering Operator shall
			 provide the Commission written reports on its implementation of the cessation
			 plan at least every ten days after providing notice pursuant to
			 205
			 CMR 258.01. Such reports shall state whether
			 the Sports Wagering Operator is on track to complete cessation by its approved
			 effective cessation date or whether the Sports Wagering Operator requires a
			 delay of its effective cessation date, and whether the Sports Wagering Operator
			 seeks to amend or deviate from its approved cessation plan.
(2) If a Sports Wagering Operator seeks to
			 amend or deviate from its approved cessation plan, the Sports Wagering
			 Operator's request shall be accompanied by a statement of reasons explaining
			 why its original approved cessation plan will no longer enable it to accomplish
			 cessation, and why such amendment or deviation is necessary to accomplish
			 cessation. The Commission or its designee shall review the request and issue a
			 determination approving or denying the request and may require reasonable
			 modifications or impose conditions to its approval of the request. The Sports
			 Wagering Operator shall not implement the amendment or deviation until it
			 receives approval from the Commission or its designee.
(3) In addition to
			 205
			 CMR 258.04(2), the
			 Commission or its designee, may, upon review of a report due under
			 205
			 CMR 258.04(1), require
			 reasonable modification or impose conditions on a Sports Wagering Operator's
			 cessation plan without request of the Sports Waging Operator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.05 - Cessation Effective

Current through Register 1525, July 5, 2024
(1) When the Sports
			 Wagering Operator has completed all actions called for in its cessation plan or
			 on the approved effective cessation date, whichever is earlier, the Sports
			 Wagering Operator shall submit a written report to the Commission notifying the
			 Commission that it has completed all actions necessary for cessation and
			 requesting that cessation become effective. The Commission or its designee
			 shall review the report and issue a written decision approving or denying the
			 cessation request. If the Commission or its designee denies the cessation
			 request, the Commission or its designee may require reasonable modification or
			 impose conditions on the Sports Wagering Operator necessary for effective
			 cessation.
(2) Cessation shall not
			 be effective until the Commission issues a written decision approving the
			 Sports Wagering Operator's cessation request.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.06 - Surrender of License

Current through Register 1525, July 5, 2024
(1) Upon cessation,
			 a Sports Wagering Operator shall surrender its Sports Wagering License to the
			 Commission, at which time the Sports Wagering License shall be deemed to have
			 expired, except to the extent any obligations of the Sports Wagering Operator
			 to the Commonwealth, the Commission, vendors, or patrons thereunder are deemed
			 to survive.
(2) Within ten days of
			 a Sports Wagering Operator's surrender of its Sports Wagering Operator License,
			 all persons and entities possessing an Occupational License, Sports Wagering
			 Vendor License, Tethered Category 3 License, or other license in connection
			 with the affected Sports Wagering License only, and no other Sports Wagering
			 License, shall surrender their license to the Commission, at which time the
			 license shall be deemed to have lapsed.
(3) A Sports Wagering Operator shall maintain
			 records sufficient to enable the Commission to conduct audits for a period of
			 seven years following the effective date of cessation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.07 - Bankruptcy

Current through Register 1525, July 5, 2024
(a) Notwithstanding
			 205
			 CMR 258.01(1), if cessation
			 is caused in part, or in whole, by the filing of a petition in bankruptcy court
			 or the appointment of a receiver or conservator, the Sports Wagering Operator
			 shall as soon as practicable notify the Commission in writing of the petition
			 or the appointment of a receiver or conservator. The Sports Wagering Operator's
			 notification shall include a copy of the petition filed in bankruptcy court,
			 the order appointing a receiver or conservator, or any other applicable filing
			 or order.
In the event that a court of competent jurisdiction appoints a
				receiver or conservator, the receiver or conservator shall immediately apply
				for the necessary qualifications and licenses, including without limitation
				qualification pursuant to
				205 CMR
				215.00:
Applicant and Qualifier Suitability
				Determination, Standards, and Procedures
and licensure pursuant to
				205 CMR
				235.00:
Sports Wagering Occupational
				Licenses
, to operate the Sports Wagering Operator's Sports Wagering
				Area, Sports Wagering Facility, or Sports Wagering Platform. The receiver or
				conservator shall not commence operating the Sports Wagering Operator's Sports
				Wagering Area, Sports Wagering Facility, or Sports Wagering Platform until the
				Commission has issued a license authorizing the same. The Commission may revoke
				the receiver's or conservator's license at any time at its discretion without
				the necessity of revocation or suspension hearing.
(b) The appointment of a receiver or
			 conservator by a court of competent jurisdiction and subsequent authorization
			 of the same receiver or conservator pursuant to
			 205
			 CMR 258.08(2)  shall not bar
			 the Commission from appointing an additional receiver or conservator pursuant
			 to 205 CMR 258.02.
(c) A Sports Wagering Operator subject to
			 cessation based on the filing of a petition in bankruptcy court or the
			 appointment of a receiver or conservator shall not be required to meet the
			 requirements of
			 205
			 CMR 258.03 through
			 258.07 to the extent such
			 requirements are inconsistent with the orders of the court.
(d) Upon notification of cessation based in
			 part, or in whole, by the filing of a petition in bankruptcy court or the
			 appointment of a receiver or conservator, the Sports Wagering Operator shall
			 provide the Commission or the conservator or receiver appointed pursuant to
			 205
			 CMR 258.02(1)  adequate
			 means to access and use the letter of credit or other financial assurance
			 issued pursuant to
			 205
			 CMR 238.12(6).
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.01 - Scope and Construction

Current through Register 1525, July 5, 2024
(1)
Procedure Governed
.
			 207 CMR
			 1.00 shall govern practice and procedure, except with
			 respect to the adoption, amendment, or repeal of regulations pursuant to
			 207 CMR
			 2.01:
Petition for Adoption,
			 Amendment or Repeal of Regulations,
before the Massachusetts
			 Department of Telecommunications and Cable under applicable laws of the
			 Commonwealth of Massachusetts and except where a statute provides
			 otherwise.
(2)
Definitions
. As used in
			 207 CMR
			 1.00, except as otherwise required by the context:
Adjudicatory Proceeding
. As defined
				in M.G.L. c. 30A, § 1(1).
Department
. The Massachusetts
				Department of Telecommunications and Cable.
Electronic Medium
. Any device used to
				transmit information electronically, including but not limited to facsimile and
				e-mail.
Presiding Officer
. The person who is
				designated to conduct hearings pursuant to the provisions of
				207CMR1.06(6)(a).
(3)
Waiver
. Where good cause appears, not contrary to
			 statute, the Commissioner and the Presiding Officer may permit deviation from
			 207 CMR
			 1.00.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Office
. The office of the Department shall be open
			 from 8:45 A.M. to 5:00 P.M. each weekday except Saturdays, Sundays, and legal
			 holidays.
(2)
Date of
			 Receipt
.
(a)
By the
			 Department
. All communications, including correspondence, motions,
			 and pleading, shall be deemed to be filed or received on the date on which they
			 are received by the Department. All such communications submitted by electronic
			 medium are deemed to be filed or received on the date and time on which they
			 are delivered if during normal business hours of the Department, otherwise such
			 filings are deemed filed or received on the next business day after the
			 communication is delivered.
(b)
By Parties and Other Persons
. All communications,
			 including correspondence, motions, and pleading, shall be deemed to be filed or
			 received on the date on which they are deposited in the United States mail,
			 properly addressed and postage paid, delivered in person to a party or other
			 person, or delivered
via
Electronic Medium.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.03 - Appearances; Intervention and Participation: Parties

Current through Register 1525, July 5, 2024
(1)
Intervention
.
(a) Any person who desires to participate in
			 a proceeding shall file a written petition for leave to intervene or to
			 participate in the proceeding.
(b)
Form and Contents of Petition
. The petition shall
			 state the name and address of the petitioner. It shall describe the manner in
			 which the petitioner is substantially and specifically affected by the
			 proceeding. It shall state the contention of the petitioner, the relief sought
			 and the statutory or other authority therefor, and the nature of the evidence
			 the petitioner will present if the petition is granted.
(c)
Filing and Service of
			 Petition
. Unless otherwise provided in the notice of hearing, the
			 petition must be filed at least seven days prior to the date for hearing. No
			 petition may be filed or will be acted upon during a hearing unless permitted
			 by the Commissioner or the Presiding Officer after opportunity for all parties
			 to object thereto. The petition must be served as required under 207 CMR
			 1.05(1).
(d)
Answers to
			 Petitions
. A party may file an answer to a petition within five
			 days after the petition is filed.
(e)
Action on
			 Petitions
. The Commissioner or the Presiding Officer shall rule on
			 all such petitions and may grant a person leave to intervene as a party in the
			 whole or any portion of a proceeding or may allow a person who is not a party
			 to make limited appearance by making an oral or written statement of his or her
			 position on the issue, or by such other participation as the Commissioner or
			 the Presiding Officer may determine. Such grant may be conditioned on such
			 terms as the Commissioner or Presiding Officer may direct. No grant of such
			 leave to intervene or participate shall be deemed to constitute an expression
			 by the Department that the person allowed to participate is a party in
			 interest, who may be aggrieved by any final decision, order, or ruling, unless
			 the grant explicitly so states.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.04 - Pleadings

Current through Register 1525, July 5, 2024
(1)
Initial Pleading
.
(a)
Definition
. An initial pleading, as used in 207 CMR
			 1.04, shall refer to any paper or document by which an adjudicatory proceeding
			 may be commenced. Such papers or documents shall include but not be limited to
			 applications, petitions, complaints, and protests.
(b)
Content
. Every
			 initial pleading shall be on the form provided by the Department, and if no
			 form is provided, the pleading, as far as possible, shall contain the
			 following:
1. A title which indicates either
			 the nature of the proceedings or the parties involved therein.
2. The complete name and address of the party
			 filing the pleading.
3. If the
			 party filing the pleading is represented by counsel, the name and address of
			 the attorney.
4. The name and
			 address of all other petitioners.
5. A clear and concise statement of the facts
			 upon which the pleading is maintained.
6. In the case of appellate proceedings, a
			 clear and concise statement of the appellant's objections to the decision or
			 action from which the appeal was taken.
7. A reference to the statute under which
			 relief is sought.
8. A prayer
			 setting forth the relief sought.
9.
			 As part of the initial petition pursuant to M.G.L. c. 159, §§ 19 and
			 20, the company shall file a copy of the proposed notice as set forth in 207
			 CMR 12.06:
Notice of General Rate Increases to Customers
and a
			 list of newspapers in which it proposes to publish such notice.
(c)
Application for
			 Permission to Establish Rates on less than Statutory Notice
.
			 Application for permission to establish rates on less than statutory notice
			 shall have attached thereto, as an exhibit, a copy of the proposed tariff or
			 rate schedule. When the tariff is to meet the existing rate of a competing
			 common carrier, the petition shall state the name, address, and the particular
			 rate or rates of the competing carrier to be met and shall be signed, under
			 oath, by the carrier filing the application. A contract carrier shall not be
			 deemed a competing carrier in the consideration of such applications.
(d)
Protest of a
			 Tariff
. Petitions addressed to the Department complaining of and
			 seeking suspension on a tariff or objecting to a contract carrier contract
			 shall be filed with the Department at least ten days before the effective date
			 of such tariff or contract and one copy of such petition shall simultaneously
			 be served by the protestants upon the publishing company, freight forwarder, or
			 agent and, in case of contracts, on the contracting parties. In default of such
			 filing and service no such application for suspension of rates or objection to
			 contract shall be entertained. The particular tariff or contract protested
			 shall be identified by its proper number or contract identification and
			 attention directed to the items specifically objected to, together with the
			 grounds in support of the protest.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.05 - Service

Current through Register 1525, July 5, 2024
(1)
Service
.
(a)
General Rule
. Service of all documents or other papers
			 relating to any proceeding, including complaints, orders, decisions, pleadings,
			 motions, processes, notices, briefs, claims of appeal, and exhibits, shall be
			 by personal delivery, by first-class mail, or by Electronic Medium.
(b)
On Whom Served
.
			 All such documents or other papers shall be served by the person filing the
			 same on every person who has theretofore entered an appearance in the
			 proceeding. If a person appears after the document or other paper has been
			 filed, a copy of all filings previously made shall be furnished to such person,
			 if he or she so requests. Proof of service shall accompany all filings when
			 made. If service in accordance with 207 CMR 1.05(1) is deemed by any person to
			 be too burdensome, application may be made to the Department or to the
			 Presiding Officer for relief.
(c)
Service by the Department
. A copy of any document or
			 other paper served by the Department, showing the addressees to whom the
			 document or other paper was delivered, shall be placed in the Department's
			 files and shall be prima facie evidence of service and the date
			 thereof.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.07 - Recessing Hearing for Conference

Current through Register 1525, July 5, 2024
(1)
Recessing Hearing for Conference
. In any proceeding
			 the Presiding Officer may in his or her discretion call all parties together
			 for a conference prior to the taking of testimony, or may recess the hearing
			 for such conference. The Presiding Officer shall state on the record the
			 results of such conference.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.08 - Consolidation

Current through Register 1525, July 5, 2024
(1)
Consolidation
. The Department upon its own motion, or
			 upon motion by a party or other person joined in the proceeding, may order
			 proceedings involving a common question of law or fact to be consolidated for
			 hearing on any or all of the matters in issue in such proceedings.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.09 - Evidence; Subpoenas

Current through Register 1525, July 5, 2024
(1)
Evidence
. The Department shall follow the rules of
			 evidence observed by courts of the United States or of the Commonwealth of
			 Massachusetts when practicable and shall observe the rules of privilege
			 recognized by law, except as otherwise provided by any other law. There shall
			 be excluded such evidence as is unduly repetitious or cumulative or such
			 evidence as is not of the kind on which reasonable persons are accustomed to
			 rely in the conduct of serious affairs. All unsworn statements appearing in the
			 record shall not be considered as evidence on which a decision may be
			 based.
(2)
Official
			 Notice
. Official notice may be taken of such matters as might be
			 judicially noticed by the courts of the United States or of the Commonwealth of
			 Massachusetts and in addition, the Department may take notice of general,
			 technical, or scientific facts within its specialized knowledge; provided, that
			 the Presiding Officer shall notify all parties of the material so noticed, and
			 provided further, that any party on timely request be afforded an opportunity
			 to contest the matters so noticed.
(3)
Documentary Evidence;
			 Incorporation by Reference
. Any matter contained in any records,
			 investigations, reports and documents in the possession of the Department of
			 which a party or the Department desires to avail itself as evidence in making a
			 decision, shall be offered and made a part of the record in the proceeding.
			 Such records and other documents need not be produced or marked for
			 identification, but may be offered in evidence by specifying the report,
			 document, or other file containing the matter so offered.
(4)
Prepared
			 Testimony
. The Presiding Officer may allow prepared direct
			 testimony of any witness to be offered as an exhibit and may omit oral
			 presentation of the testimony. Copies of such proposed exhibit shall be served
			 upon all persons who have filed an appearance and on staff counsel of record,
			 at least seven days in advance of the session of the hearing at which such
			 exhibit is to be offered.
(5)
Copies of Exhibits to Parties and Department; Time of
			 Service
.
(a)
Direct
			 Evidence
. Except as otherwise provided in 207 CMR 1.00, when
			 exhibits of a documentary character are to be offered in evidence, the person
			 proposing to offer the same, in addition to the service required by 207 CMR
			 1.02(8)(a) and 1.05, shall serve nine copies of such exhibits on the
			 Department, at least seven days prior to the hearing at which such exhibits are
			 to be offered.
(b)
Rebuttal Exhibits
. All exhibits in rebuttal may be
			 served at the time they are introduced at the hearing.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.10 - Rulings, Briefs, Oral Argument and Post-hearing Procedure

Current through Register 1525, July 5, 2024
(1)
Request for
			 Rulings
. Within the time designated for the filing of briefs
			 pursuant to 207 CMR 1.10(3), any party may file requests for rulings in
			 accordance with the provisions of M.G.L. c. 25, § 5.
(2)
Oral Argument, When
			 Made
. When, in the opinion of the Presiding Officer, time permits
			 and the nature of the proceedings, the complexity or importance of the issuers
			 of fact or law involved, and the motion or at the request of a party or staff
			 counsel at or before the close of the taking of testimony, allow and fix a time
			 for the presentation of oral argument, imposing such limits of time on the
			 argument as deemed appropriate in the proceeding. Such argument shall be
			 transcribed and bound with the transcript of testimony.
(3)
Briefs
. Briefs
			 may be filed by a party either before or during the course of a hearing, or
			 within such time thereafter as the Presiding Officer shall designate. Failure
			 to file a brief shall in no way prejudice the rights of any party. The order of
			 filing briefs after the hearing, including reply briefs, will be designated by
			 the Presiding Officer.
(4)
Contents and Scope of Brief; Proposed Findings and
			 Order
. Briefs may contain:
(a) A
			 concise statement of the case;
(b)
			 An abstract of the evidence relied upon by the party filing, with reference to
			 the pages of record or exhibits where the evidence appears;
(c) Argument and authorities; and
(d) Proposed findings and conclusions and, if
			 desired, a proposed form of order or rule.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.11 - Decisions

Current through Register 1525, July 5, 2024
(1) All decisions
			 of the Department shall be in writing and shall be accompanied by a statement
			 of reasons for the decision. A copy of the decision and such statement of
			 reasons shall be served on all parties pursuant to 207 CMR 1.05(1).
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 1.00 - Procedural Rules › Section 1.12 - Appeal from Department Decisions

Current through Register 1525, July 5, 2024
(1) The Department shall notify all parties
			 of their right to appeal a final decision of the Department pursuant to M.G.L.
			 c. 25, § 5, and of the time limits on their rights to appeal.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 2.00 - GENERAL RULES › Section 2.01 - Petition for Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
(1) Any interested person may at any time
			 petition the Department to adopt, amend, or repeal any regulation contained
			 within 207 CMR pursuant to M.G.L. c. 30A, § 4. The petition shall be
			 addressed to the Department, shall be signed by the petitioner, and shall set
			 forth clearly and concisely the text of the proposed regulation.
(2) Upon receipt of a petition, the
			 Department shall determine whether to schedule the petition for further
			 proceedings in accordance with M.G.L. c. 30A and shall so notify the
			 petitioner.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 2.00 - GENERAL RULES › Section 2.02 - Statutory CATV Reporting Forms

Current through Register 1525, July 5, 2024
(1)
Application for an Initial or Renewal Cable License
.
			 Pursuant to M.G.L. c. 166A, §§ 4 and 13, the Department shall
			 prescribe an application form. No cable license or renewal thereof shall be
			 issued except upon written application in accordance with this form.
(2)
Annual Financial Reporting
			 Forms
. Pursuant to M.G.L. c. 166A, § 8, the Department shall
			 prescribe financial reporting forms, which shall be filed annually by the cable
			 licensee, on or before April 30th, for operations
			 during the preceding calendar year. The Department may prescribe a uniform
			 reporting system for the completion of the financial reporting forms.
(3)
Complaint Forms
.
			 The Department shall prescribe a complaint form, to be filed by the cable
			 licensee with the Department on an annual basis, pursuant to M.G.L. c. 166A,
			 § 10.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 2.00 - GENERAL RULES › Section 2.03 - Waiver

Current through Register 1525, July 5, 2024
Consistent with the public interest, upon receipt of a request
				from a party as defined in 207 CMR 1.00:
Procedural Rules
or
				upon its own initiative, the Department may waive particular provisions of 207
				CMR for good cause shown.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.01 - General Provisions

Current through Register 1525, July 5, 2024
(1) All
			 applications, reports, written statements, and amendments filed with or
			 prepared by the issuing authority pursuant to
			 207 CMR
			 3.00 that are public records under Massachusetts law
			 shall be made available for public inspection in the city or town clerk's
			 office of the issuing authority during regular business hours and for
			 reproduction at a reasonable fee. The applicant shall also file copies of any
			 application(s) and amendments with the Department.
(2) For the purposes of
			 207 CMR
			 3.00, the number of residents of each city or town
			 shall be determined from the most recent official federal census
			 figures.
(3) The issuing authority
			 may appoint a cable advisory committee and define its duties. In carrying out
			 their duties, cable advisory committee members shall not participate in any
			 matters in a way which would violate the Massachusetts conflict of interest
			 law, M.G.L. c. 268A.
(4) Public
			 notice in accordance with 207 CMR 1.06(5)(g):
Notice of Public Hearings
			 on Cable Licensing and Transfers
shall be provided for any public
			 hearing required to be held by the issuing authority under
			 207 CMR
			 3.00.
(5)
			 With respect to all public hearings held by the issuing authority under
			 207 CMR
			 3.00, the issuing authority shall provide for a
			 stenographic, video, or other tape record of the hearing(s). The issuing
			 authority may choose the recording methodology. The applicant shall bear the
			 cost of the recording.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.02 - Initiation of Licensing Process

Current through Register 1525, July 5, 2024
(1) The
			 cable licensing process may be initiated by any of the following actions:
(a) A decision by the issuing authority to
			 begin the licensing process.
(b)
			 The filing with the issuing authority of an application form prescribed by the
			 Department pursuant to M.G.L. c. 166A, § 4.
(c) The filing with the issuing authority of
			 a petition signed by registered voters of the issuing authority requesting that
			 it begin the licensing process. A petition shall be valid when signed by as
			 many registered voters as equals ½ of 1% of the residents of the issuing
			 authority, except that the number of required signatures shall not be more than
			 500.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.03 - Formal Licensing Procedures

Current through Register 1525, July 5, 2024
(1) If the
			 issuing authority elects to undertake the licensing process under
			 207 CMR 3.02(2)
			  it shall promptly:
(a) Notify the Department of the date that
			 the licensing process was initiated; and
(b) Specify a filing deadline for
			 applications for a cable license or licenses.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.04 - Grant of Final License

Current through Register 1525, July 5, 2024
(1) A
			 final license to construct and operate a cable system shall be granted by the
			 issuing authority following substantial compliance with each of the following
			 requirements:
(a) The submission requirements
			 contained in the application form prescribed by the Department, pursuant to
			 M.G.L. c. 166A, § 4; and
(b)
			 The terms and conditions of M.G.L. c. 166A, §§ 3, 4, and 5.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.05 - License Renewal Procedures

Current through Register 1525, July 5, 2024
(1) The renewal
			 of a license to operate a cable television system shall be in accordance with
			 the federal license renewal statute, 47 U.S.C. § 546. 207 CMR 3.05,
			 3.06,
			 and
			 3.09 shall
			 supplement the federal license renewal statute.
(2) All license renewal applicants shall
			 complete the application form prescribed by the Department pursuant to M.G.L.
			 c. 166A, § 4.
(3) No license
			 renewal may be granted or denied without a prior public hearing with prior
			 public notice pursuant to 207 CMR 1.06(5)(g):
Notice of Public Hearings
			 on Cable Licensing and Transfers
.
(4) The issuing authority shall notify the
			 license applicant in writing of the date of the completion of ascertainment
			 proceedings conducted pursuant to 47 U.S.C. § 546(a).
(5) The issuing authority's preliminary
			 decision to deny renewal shall be made in writing and shall include the basis
			 of the denial.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.06 - License Renewal Grant or Denial

Current through Register 1525, July 5, 2024
(1)
			 Concurrent with the grant of a renewal license, the issuing authority shall
			 issue a written public statement reporting the license grant and detailing the
			 reasons for it, including but not limited to: the applicant's substantial
			 compliance with provisions set forth in 47 U.S.C. § 546(c)(1)(A) through
			 (D). Those provisions are as follows:
(a) The
			 cable operator has substantially complied with the material terms of the
			 existing franchise and with applicable law;
(b) The quality of the operator's service,
			 including signal quality, response to consumer complaints, and billing
			 practices, but without regard to the mix or quality of cable services or other
			 services provided over the system, has been reasonable in light of community
			 needs;
(c) The operator has the
			 financial, legal, and technical ability to provide the services, facilities,
			 and equipment as set forth in the operator's proposal; and
(d) The operator's proposal is reasonable to
			 meet the future cable-related community needs and interests, taking into
			 account the cost of meeting such needs and interests.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.07 - Request for Amendment

Current through Register 1525, July 5, 2024
(1)
Notice
. When an issuing authority and a licensee
			 propose to amend a final cable license, the issuing authority shall cause
			 notice of the same to be published in a newspaper of general circulation in the
			 city or town to be affected by any amendment. The notice shall include a
			 concise summary of each amendment sufficient to identify its subject matter.
			 Publication shall be made not less than 14 days before the commencement of the
			 public comment period pursuant to 207 CMR 3.07(3). If there is no newspaper in
			 such city or town, notice shall be posted in a conspicuous place in the city or
			 town hall for a period not less than 30 days preceding the commencement of the
			 public comment period. The costs of publishing this notice shall be borne
			 equally by the issuing authority and the licensee.
(2)
Report on Request for
			 Amendment
. Coincident with publication of notice of any proposed
			 amendment, the issuing authority shall make available to the public in the city
			 or town clerk's office a written report, prepared by the issuing authority and
			 cable licensee, which shall:
(a) Identify the
			 licensee, the full text of the proposed amendment, and the purpose for which
			 the requested amendment is being made;
(b) State the date the request for amendment
			 was received by the issuing authority;
(c) Describe the probable effect(s) of the
			 proposed amendment on consumers and any other concerned parties.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.08 - Complaint Provisions

Current through Register 1525, July 5, 2024
Any person aggrieved by the action of the issuing authority in
				amending a final license pursuant to
				207 CMR
				3.07 may file a complaint in writing with the
				Department within 30 days of the adoption of the amendment. The Department may,
				at its direction, initiate an investigation of the issuing authority's action
				and hold hearings thereon, giving due notice to all parties.
If, after investigation and hearing, the Department approves
				the issuing authority's action, it shall issue notice to the issuing authority
				to that effect. If the Department disapproves, it shall issue a decision in
				writing advising said issuing authority of the reasons for its decision and the
				issuing authority shall abide by the decision.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 3.00 - CABLE LICENSING › Section 3.09 - Rights of Appeal

Current through Register 1525, July 5, 2024
(1) Appeals to the
			 Department by aggrieved parties seeking an initial or renewal license pursuant
			 to
			 207 CMR
			 3.00 shall be initiated in accordance with the
			 provisions of M.G.L. c. 166A, § 14. The following parties shall have
			 standing to appeal to the Department:
(a) An
			 applicant for an initial license aggrieved by a denial of its application by
			 the issuing authority pursuant to
			 207 CMR 3.02(3)
			  or
			 3.03(4)
			  or by the failure of an issuing authority to
			 make a decision within 60 days of the hearing provided for in
			 207 CMR
			 3.03(4); or
(b) An applicant for a license aggrieved by a
			 denial of its application by the issuing authority pursuant to
			 207 CMR
			 3.04(3); or
(c) An applicant for a renewal license
			 aggrieved by a denial of its application by the issuing authority pursuant to
			 207 CMR
			 3.06(3).
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 4.00 - TRANSFER OR ASSIGNMENT OF CONTROL OF A FINAL CABLE LICENSE › Section 4.01 - Transfer of Control

Current through Register 1525, July 5, 2024
(1) A
			 transaction through which a person (or other entity), a family group, or a
			 group of persons (or entities) acting in concert, gains or loses control of a
			 license or licensee shall constitute a transfer or assignment of a license or
			 control thereof under M.G.L. c. 166A, § 7.
(2) A transfer or assignment of a cable
			 license or control thereof between commonly controlled entities, between
			 affiliated companies, or between parent and subsidiary corporations, shall not
			 constitute a transfer or assignment of a license or control thereof under
			 M.G.L. c. 166A, § 7. Under
			 207 CMR 4.00, an "affiliated
			 company" is any person or entity that directly or indirectly, or through one or
			 more intermediaries, controls, is controlled by, or is under common control
			 with another person or entity.
(3)
			 On request of a cable operator, an issuing authority or on its own initiative,
			 the Department may determine whether or not a particular transaction shall be
			 considered a transfer or assignment of a license or control thereof under
			 M.G.L. c. 166A, § 7.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 4.00 - TRANSFER OR ASSIGNMENT OF CONTROL OF A FINAL CABLE LICENSE › Section 4.02 - Application for Transfer

Current through Register 1525, July 5, 2024
(1) An applicant
			 for transfer or assignment of a license or control thereof shall file with the
			 affected community Federal Communications Commission (FCC) Form 394, as it may
			 be amended from time to time, accompanied by the required $100 application fee.
			 As such application is received, it shall be made available for public
			 inspection in the city or town clerk's office during regular business hours and
			 for reproduction at a reasonable fee. Simultaneously with the community filing,
			 the applicant shall file a copy of any such FCC Form 394 with the Department.
			 In instances in which there are several affected communities, and the FCC Form
			 394 for each one contains identical attachments, an applicant may file just two
			 sets of attachments with the FCC Form 394 filed with the Department.
(2) The issuing authority shall have 120 days
			 from the filing of a completed FCC Form 394 to take final action on it.
			 Requests for additional information by the issuing authority will not toll the
			 120 days review period unless the issuing authority and the applicant agree to
			 an extension of time.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 4.00 - TRANSFER OR ASSIGNMENT OF CONTROL OF A FINAL CABLE LICENSE › Section 4.03 - Hearing and Notice Requirements

Current through Register 1525, July 5, 2024
(1)
			 Within 60 days after the filing of the application, the issuing authority shall
			 hold public hearing(s) to consider the desirability of approving the transfer.
			 The issuing authority shall insure that the transferor and transferee,
			 residents, and other interested parties are afforded full and fair opportunity
			 to be heard.
(2) The notice of the
			 public hearing shall be provided pursuant to 207 CMR 1.06(5)(g):
Notice
			 of Public Hearings on Cable Licensing and Transfers
. The issuing
			 authority shall provide for a stenographic, video or other tape record of the
			 hearing(s). The issuing authority may choose the recording methodology. The
			 applicant shall bear the cost of the recording.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 4.00 - TRANSFER OR ASSIGNMENT OF CONTROL OF A FINAL CABLE LICENSE › Section 4.04 - Standard of Review

Current through Register 1525, July 5, 2024
(1) In reviewing an
			 application for a transfer or assignment of a license or control thereof, an
			 issuing authority shall consider only the transferee's:
(a) management experience;
(b) technical expertise;
(c) financial capability; and
(d) legal ability to operate a cable system
			 under the existing license.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 4.00 - TRANSFER OR ASSIGNMENT OF CONTROL OF A FINAL CABLE LICENSE › Section 4.05 - Issuing Authority Report

Current through Register 1525, July 5, 2024
Within ten days of taking final action on any FCC Form 394, the
				issuing authority shall send the Department a letter summarizing the action
				taken. If an issuing authority denies the application, it shall set forth a
				detailed statement of reasons for the denial in the letter to the
				Department.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 4.00 - TRANSFER OR ASSIGNMENT OF CONTROL OF A FINAL CABLE LICENSE › Section 4.06 - Rights of Appeal

Current through Register 1525, July 5, 2024
Appeals to the Department by aggrieved parties seeking a
				transfer of a final license pursuant to
				207 CMR 4.00 shall be
				initiated in accordance with the provisions of M.G.L. c. 166A, §
				14.
The Department may, after a hearing conducted pursuant to
				M.G.L. c. 166A, § 14, issue such order as it deems appropriate to carry
				out the purpose of
				207 CMR
				4.00.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 6.00 - CABLE RATE REGULATION › Section 6.01 - Adoption of Federal Cable Rate Regulations

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 166A, § 15 and 47 U.S.C. § 543,
				federal regulations promulgated by the Federal Communications Commission at
				Subpart N, "Cable Rate Regulations", 47 CFR § 76.901
et
				seq
., as amended, are hereby adopted and incorporated by reference in
				207 CMR 6.01.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 6.00 - CABLE RATE REGULATION › Section 6.03 - Rate Hearing Procedures

Current through Register 1525, July 5, 2024
All rate hearings conducted in accordance with M.G.L. c. 166A,
				§ 15 shall be subject to the provisions of M.G.L. c. 30A and 207 CMR 1.00:
Procedural Rules
.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 6.00 - CABLE RATE REGULATION › Section 6.04 - Department Rate Regulation

Current through Register 1525, July 5, 2024
The Department shall, consistent with FCC regulations, regulate
				the basic service tier and equipment rates of cable operators:
(1) At the request of an issuing authority;
			 or
(2) On its own if the Department
			 finds such regulation to be in the public interest. In any case where the
			 Department acts on its own to regulate rates without the request of an issuing
			 authority, the Department shall notify the relevant issuing authority and cable
			 operator prior to commencing regulation.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.01 - Billing Practices Notice

Current through Register 1525, July 5, 2024
(1)
			 Upon request, a cable television operator shall give written notice of its
			 billing practices to potential subscribers before a subscription agreement is
			 reached. Otherwise, a cable television operator shall give written notice of
			 its billing practices to potential subscribers at the time a subscription
			 agreement is reached. Such notice shall include practices relating to the
			 frequency and timing of bills, payment requirements necessary to avoid account
			 delinquency, billing dispute resolution procedures, and late payment
			 penalties.
(2) A copy of the cable
			 television operator's billing practices notice, work order, and sample
			 subscriber bill shall be filed by March 15th of each
			 year with the Department, the issuing authority, and the operator's local
			 office, where they shall be available for public inspection. If an operator
			 amends its billing practices notice, work order, or subscriber bill after
			 submitting the annual filing, it shall file copies of the amendments with the
			 Department, the issuing authority, and the operator's local office.
(3) At least 30 days prior to implementing a
			 change of one of its billing practices, the cable television operator shall
			 notify in writing the Department, the issuing authority, and all affected
			 subscribers of the change and shall include in the notice a description of the
			 changed practice.
(4) Statements
			 about billing practices in work orders, marketing, materials, and other
			 documents shall be consistent with the billing practices notice.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.03 - Form of Bill

Current through Register 1525, July 5, 2024
(1) The bill for
			 cable television service shall contain the following information in clear,
			 concise, and understandable language and format:
(a) the name, local address and telephone
			 number of the cable television operator. The telephone number shall be
			 displayed in a conspicuous location on the bill and shall be accompanied by a
			 statement that the subscriber may call this number with any questions or
			 complaints about the bill and or subscribers rights under
			 207 CMR 10.07 in
			 the event of a billing dispute;
(b)
			 the period of time over which each chargeable service is billed including
			 prorated periods as a result of establishment and termination of
			 service;
(c) the dates on which
			 individually chargeable services were rendered or any applicable credits were
			 applied;
(d) separate itemization
			 of each rate, charge, or fee levied or credit applied, including but not be
			 limited to, basic, premium service, and equipment charges, as well as any unit,
			 pay-per-view, or per item charges or fees;
(e) the amount of the bill for the current
			 billing period, separate from any prior balance due; and
(f) the date on which payment is due from the
			 subscriber.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.04 - Advance Billing and Issuance of Bill

Current through Register 1525, July 5, 2024
(1) In the absence of a license provision
			 further limiting the period of advance billing, a cable operator may, under
			 uniform, nondiscriminatory terms and conditions, require payment not more than
			 two months prior to the last day of a service period.
(2) A cable subscriber may voluntarily offer
			 and a cable operator may accept advance payments for periods greater than two
			 months.
(3) Upon request, a cable
			 television operator shall provide subscribers with a written statement of
			 account for each billing period and a final bill at the time of
			 disconnection.