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 150-26-5 - Procedure For Granting Transfer of a Cable Franchise or Cable System

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Every
				application submitted to a franchising authority for the transfer of a cable
				franchise or non-franchised cable system (hereinafter "cable system") shall use
				the Federal Communication Commission (hereinafter FCC) Form 394 to provide the
				information necessary to determine whether a transfer should be granted. (See
				FCC Form 394.)
5.2. The franchising
				authority shall not accept applications for transfer of a cable franchise or
				cable system that do not use the FCC Form 394. The franchising authority shall
				not accept applications which have not followed the instruction and format
				required by the FCC.
5.3. The
				application must provide all information required by the FCC before it may be
				accepted for filing and considered by the franchising authority. A franchising
				authority shall have 120 days from the date of submission of a completed FCC
				Form 394, together with all exhibits and any additional information required by
				the terms of the franchise agreement to act upon an application to sell, assign
				or otherwise transfer controlling ownership of a cable system
				franchise.
5.4. Any franchising
				authority that questions the accuracy of the information provided under 5.3.
				above or completeness of the application, must notify the applicant in writing
				within thirty (30) days after receipt of the application or such information
				will be deemed accepted and the application will be deemed to be complete,
				unless the cable operator has failed to provide any additional information
				recently requested by the franchising authority within ten days of such
				receipt.
5.5. If an application for
				a transfer of a cable franchise or cable system is rejected as incomplete or
				for failing to use the proper form and format of the application form provided
				by the FCC, the franchising authority shall notify the applicant in writing the
				reasons for rejection in accordance with the time frames established in 5.4.
				above.
5.6. The franchising
				authority shall use due diligence to investigate and assess the technical
				ability, financial condition, and character of every transfer applicant in
				order to determine whether it would be in the public interest to grant a
				transfer.
5.6.1. Specific factors the
				franchising authority must consider when determining whether granting a
				specific cable transfer application would be in the pubic interest are:
5.6.1.a. Any objections arising from the
				public hearing;
5.6.1.b. The
				content of the application or proposal;
5.6.1.c. The public benefit from the
				transfer;
5.6.1.d. The ability of
				the applicant to offer safe, adequate and reliable service at a reasonable cost
				to the subscribers;
5.6.1.e. The
				suitability as to the good character of the applicant;
5.6.1.f. The financial responsibility of the
				applicant;
5.6.1.g. The technical
				and operational ability of the applicant to perform efficiently the service for
				which authority is requested;
5.6.1.h. The ability of the transfer
				applicant to provide the present, planned, and potential expansion in
				facilities or cable services agreed to by the current franchise holder; or
				where no such agreement exists the ability of the transfer applicant to provide
				the expansion in facilities and cable services consistent with the reasonable
				future cable-related community needs and interests; and
5.6.1.i. Any other matters the franchising
				authority considers appropriate in the circumstances.