West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-26 - Rules And Regulations For The Government Of Cable Television › Section 150-26-15 - Rate Regulation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				Commission is authorized by W. Va. Code '24D-1-1 et
				seq. to regulate rates and charges of cable television systems to the extent
				allowed by federal law. The Congress of the United States established a
				national policy concerning cable communications. ( P.L. 98-549 as codified at
				47 U.S.C. '521 et seq.) Subsequently, Congress amended this national policy to
				allow limited regulation of rates and charges by franchising authorities
				including the Commission. (
				P.L.
				102-305 ) However, the Commission must become
				certified with the Federal Communications Commission (hereinafter "FCC") before
				the Commission may undertake regulation of rates and charges. (47 U.S.C. '543)
				Part of the certification criteria is the requirement that the Commission adopt
				regulations consistent with the FCC's regulations regarding rates subject to
				regulation under 47 U.S.C. '543 and that the Commission adopt regulations
				regarding rate regulations proceedings which provide a reasonable opportunity
				for the consideration of the views of interested parties.
15.2. The Commission will follow the rate
				regulations now or in the future promulgated by the FCC and all rate regulation
				proceedings shall be in accord with such FCC regulations. All parties to any
				rate regulation proceeding before the Commission should make reference to and
				consult the appropriate FCC regulations.
15.3. Any interested party shall be allowed
				to present his/her/its views regarding any request for cable rate approval to
				the Commission for consideration. Any interested party may make a written
				submission by hand delivery or by United States' mail, return receipt
				requested, which must be received at the Commission's offices no later than ten
				(10) calendar days prior to the first date the Commission is required to act on
				any request for cable rate approval. If the Commission invokes its authority to
				extend the time allowed for consideration of any request, no written submission
				may be filed during the extension period. In addition to or in lieu of a
				written submission, any interested party may appear before the Commission at
				any meeting at which any request for cable rate approval is to be considered.
				As the Commission is not required by federal law to hold a hearing on any
				request for cable rate approval, any interested party desiring to speak at a
				hearing, if one is held, shall notify the Executive Secretary of the Commission
				of such intent no later than the last business day before any such hearing is
				to be held. When any request for cable rate approval is filed with the
				Commission any interested party may file with the Executive Secretary a
				contingent statement of intent to make an appearance at any hearing. The
				interested party shall provide the Executive Secretary such information as the
				Executive Secretary may deem necessary for purposes of giving notice
				(telephonically, if possible, and/or by United States mail return receipt
				requested if feasible) of any hearing which may be scheduled pursuant to such
				request for cable rate approval. In the event a hearing is scheduled, the
				Executive Secretary shall give any interested party which has filed a
				contingent notice of intent such reasonable notice of the hearing as may be
				possible.