reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-3 - Local Emergency Telephone Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Creation of
				emergency telephone systems.
3.1.1. A public
				agency may establish, consistent with these Rules, an emergency telephone
				system within its respective jurisdiction. Nothing herein contained, however,
				will be construed to prohibit or discourage in any way the establishment of
				multi-jurisdictional or regional systems, and any system established may
				include only a portion of the territory of a public agency. To the extent
				feasible, these systems will be centralized.
3.1.2. Every system will provide access to
				emergency services organizations, police, fire-fighting, and emergency medical
				and ambulance services and may provide access to other emergency services. The
				system may also provide access to private ambulance services. The system may
				also provide the necessary mechanical equipment at the established public
				agency answering point to allow deaf persons access to the system. In those
				areas in which a public safety unit of the State provides emergency services,
				the system will provide access to the public safety unit.
3.1.3. The number "9-1-1" will be used as the
				primary emergency number whenever practicable. If the use of the number "9-1-1"
				is not practicable, the telephone utility or companies will make application to
				this Commission in order to use an alternate emergency telephone number. The
				Commission encourages the use of "1-9-1-1" as the alternate emergency telephone
				number.
3.1.4. The telephone
				utility in the normal course of replacing or making major modifications to its
				switching equipment will include the capability of providing for the emergency
				telephone system and will bear all costs related thereto. All charges for other
				services and facilities provided by the telephone utility, including the
				provision of distribution facilities and station equipment, will be paid for by
				the public agency or public safety unit in accordance with the applicable
				tariff rates then in effect for such services and facilities.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-4 - Billing and Collection of WE911 Fee, Public Safety Fee and Wireless Tower Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Post-paid
				service -- On a monthly basis, each CMRS post-paid provider will charge and
				collect a WE911 Fee, a Public Safety Fee, and a Wireless Tower Fee at the
				current statutory rate, on each valid retail CMRS subscription. The applicable
				fees will be listed as separate line items on the billing statement provided to
				each valid post-paid retail CMRS subscription by CMRS providers.
4.1.1 The WE911 Fee, equal to the amount
				established by W. Va. Code §
										24-6-6b(b), or
				the amount as may be subsequently respecified in accordance with the statute,
				should be listed as a separate line item on the monthly billing statement
				provided to each valid in-state CMRS subscriber and collected by CMRS
				providers.
4.1.2 The Public Safety
				Fee, equal to the amount of twenty-nine cents ($0.29) per month, or the amount
				as may be subsequently modified by force of law, should be listed as a separate
				line item on the billing statement provided to each valid in-state CMRS
				subscriber and collected by CMRS providers.
4.1.3 The Wireless Tower Fee, equal to the
				amount of eight cents ($0.08) per month, or the amount as may be subsequently
				modified by force of law, should be listed as a separate line item on the
				billing statement provided to each valid in-state CMRS subscriber and collected
				by CMRS providers.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-5 - Remission of WE911 Fee, Public Safety Fee and Wireless Tower Fee Revenues to Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Post-paid
				service -- By no later than the seventeenth (17th) day of each month, or the
				first business day thereafter, each CMRS provider will, after retaining a
				billing fee equal to three percent (3%) of the total sum collected for the
				WE911 Fee, the Public Safety Fee, and the Wireless Tower Fee during the
				preceding month or billing period, remit to the Commission a check, or
				appropriate financial equivalent, for the net balance of the fee revenues
				collected. If remitted by mail, the postmark will be used as proof of
				compliance. If remitted electronically, the date specified by the software used
				will be used as proof of compliance. The fee revenues will be remitted to:
By mail:
Public Service Commission of West Virginia
Administration Division
P.O. Box 812
Charleston, West Virginia 25323
Electronically:
executive_director_CMRS@psc.state.wv.us
5.1.1. Form to be used with fee revenue
				remittals. CMRS providers will use P.S.C. W. VA. Form No. WLF-1, or a
				reasonable functional equivalent, when remitting the fee revenue to the
				Commission. Form No. WLF-1 requires CMRS providers to separately list (1) the
				total number of subscriber fees collected and amount of revenue collected for
				each fee; (2) the sum of all revenue collected; (3) the three percent (3%)
				billing fee amount withheld from the sum total revenue; and (4) the total net
				amount of fee revenue remitted to the Commission. All information requested by
				Form No. WLF-1 will be provided. This may be done electronically, at the
				discretion of the CMRS provider.
5.1.2. Each CMRS provider will remit to the
				Commission the net funds collected by the CMRS provider. The remitted funds
				will include any previously unpaid WE911 Fees, Public Safety Fees, and Wireless
				Tower Fees collected by the CMRS provider during the preceding monthly billing
				period.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-6 - Calculation of Fee Revenue Disbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Commission's Administration Division will, using the methodology and data
				required by W. Va. Code §
									24-6-6b, calculate the
				disbursement ratios for the revenue generated by the WE911 Fee, Public Safety
				Fee and Wireless Tower Fee, as provided below.
6.1.1. Nineteen cents ($0.19) of the
				twenty-nine cents ($0.29) Public Safety Fee collected per subscriber and
				received by the Commission each month will be designated for the Division of
				Homeland Security and Emergency Management.
6.1.2. Each month, eight cents ($0.08), or
				the total amount of the Wireless Tower Fee, collected per subscriber and
				received by the Commission will be deposited in a fund entitled "Wireless Tower
				Access Assistance Fund."
6.1.3.
				Each month, ten cents ($0.10) of the remaining twenty-nine cent ($0.29) Public
				Safety Fee collected per subscriber and received by the Commission will be
				designated for the West Virginia State Police.
6.1.4. Disbursement ratios for the WE911 Fee
				revenue pursuant to 6.4 will be recalculated by the Commission's Administration
				Division within thirty calendar days of the availability of updated decennial
				county population census data. Such recalculated disbursement ratios will be
				effective on July 1 immediately following such recalculation.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-7 - Accounting for Fee Revenues

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commission
				will establish and maintain an account for the WE911 Fee, the Public Safety Fee
				and the Wireless Tower Fee revenues remitted to the Commission.
7.2. Said accounts will serve as repositories
				for such fee revenues until, in accordance with the quarterly disbursement
				schedule set forth below in section 8, such revenues are disbursed to each
				county.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-8 - Disbursement of Monthly Fee Revenues

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Disbursement
				of WE911 Fee revenues. On a quarterly basis, the Commission will, by check or
				appropriate financial equivalent, distribute the WE911 Fee revenues to each
				county by the 10th day of the month in accordance with the schedule set forth
				below.
8.1.1. In the months of January,
				April, July and October, payments will be issued to the following counties:
				Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge,
				Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison,
				Jackson and Jefferson.
8.1.2. In
				the months of February, May, August and November, payments will be issued to
				the following counties: Kanawha, Lewis, Lincoln, Logan, Marion, Marshall,
				Mason, McDowell, Mercer, Mineral, Mingo, Monongalia, Monroe, Morgan, Nicholas,
				Ohio, Pendleton and Pleasants.
8.1.3. In the months of March, June,
				September, and December, payments will be issued to the following counties:
				Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers,
				Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood and
				Wyoming.
8.1.4. The WE911 Fee
				revenues disbursed in any given month will be those billed during the
				three-month period which ended three months prior to the disbursal month. For
				example, the monthly WE911 Fee revenues filed with the Commission by CMRS
				providers during April, May and June will be disbursed in October.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-9 - Registration of CMRS Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each CMRS
				provider, or any reseller of any commercial mobile radio service, which has
				received FCC authority to serve any area within the State of West Virginia on
				or before December 31, 1997 will, no later than January 31, 1998, register with
				the Commission. Such CMRS providers will register with the Commission even if
				the CMRS provider is not actually providing service in any part of West
				Virginia.
9.2. CMRS providers which
				receive authority to serve any area within the State of West Virginia after
				January 31, 1998 will register within thirty (30) calendar days of receiving
				FCC authority to operate in West Virginia.
9.3. Such registration will be filed with the
				Commission's Executive Secretary and will include the following information:
9.3.1. Legal name of CMRS provider;
9.3.2. All business names used by the CMRS
				provider;
9.3.3. Name, title,
				mailing address, telephone number, fax number, and E-Mail address (if
				available) of the person to be contacted regarding state regulatory
				matters;
9.3.4. A listing of all
				areas in which the CMRS provider is authorized, by the FCC, to serve any
				portion of West Virginia; and
9.3.5. A copy of the FCC license authorizing
				the CMRS provider to serve any portion of West Virginia.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-10 - Submission of Local Exchange Information

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each local
				exchange carrier certificated by the Commission will, by no later than April 7
				of each year, submit to the Telecommunications Section of the Commission's
				Utilities Division line counts and WE911 Fee data, by county, as of March 1 of
				that year.
10.2. Such line counts
				will be for each access line, trunk and trunk equivalent, including PBX trunks
				and CENTREX trunk equivalents, in actual service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-11 - Respecification of the WE911 Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The WE911 Fee
				will be respecified biennially, in odd numbered years, using the
				respecification methodology and data required by W. Va. Code §
									24-6-6b(b). The
				respecified WE911 Fee will become effective on July 1 of the respecification
				year.
11.2. No later than the first
				of February of each respecification year, Commission Staff will notify each
				local exchange carrier to submit to the Commission, on or before April 7, line
				counts and the landline fee for E911 service in each county as of March 1 of
				the same year.
11.3. Commission
				Staff will make its calculations and recommendation to the Commission regarding
				whether the WE911 Fee needs to be respecified no later than May 7 of the
				respecification year. The Staff recommendation will be provided to each
				registered CMRS provider.
11.4. The
				Commission will provide notice of the respecified WE911 Fee by issuance of a
				general order as soon as possible after the receipt of the Staff
				recommendation.
11.5. For each new
				CMRS provider that registers with the Commission, the Commission will provide
				notice of the currently applicable WE911 Fee within thirty (30) calendar days
				after the date such CMRS provider registers with the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-12 - Uncollectibles

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. CMRS
				post-paid providers will make reasonable and diligent efforts to collect unpaid
				WE911 Fees, Public Safety Fees and Wireless Tower Fees from each valid retail
				post-paid CMRS subscription. Notwithstanding the foregoing, a CMRS provider
				will not be deemed to be a collection agent or otherwise held liable for a
				subscriber's failure to pay fees properly billed by the CMRS
				provider.
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 150-26-1 - General. - Franchising Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These emergency rules pertain
				to the implementation of provisions of the West Virginia Cable Television
				Systems Act, W. Va. Code '24D-1-1 et
				seq.,relating to the regulation of the provision of cable television service by
				the Public Service Commission of West
Virginia.
1.2. Authority. -- W. Va. Code '24D-1-1 et
				seq.
1.3. Filing Date. B December
				23, 1999.
1.4. Effective Date. B
				February 24, 2000.
1.5.
				Definitions.
1.5.1. Commission -- The term
				"Commission", or "Public Service Commission" means the Public Service
				Commission of West Virginia unless a different intent clearly appears from the
				context.
1.5.2. Franchise fee --
				The term "franchise fee" means the amount charged the cable operator by the
				governmental entity granting the cable franchise for the use of public
				rights-of-way by the cable operator and for other purposes coextensive with
				that term's definition under federal law.
1.5.3. Interested party -- The term
				"interested party" means any person who would be directly affected by a request
				for an increase in rates or charges submitted to the Commission for
				approval.
1.5.4. Late fee -- The
				term "late fee" means any fee, assessment, or charge levied by a cable operator
				for the purpose of recovery of costs of billing and processing balances unpaid
				by the scheduled due date of a delinquent subscriber's monthly bill.
1.5.5. Person -- The term "person" means an
				individual, partnership, associate, joint stock company, trust, corporation,
				limited liability company, or governmental entity, including any franchising
				authority.
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 150-26-2 - Issuance of Cable Television Franchises

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No cable television franchise shall be
				granted in this state unless it is awarded in compliance with the procedures
				set forth in this rule and in compliance with the West Virginia Cable
				Television Systems Act, W. Va. Code '24D-1-1 et
				seq.
2.2. Prior to inviting
				applications for any cable television franchise, a franchising authority shall
				adopt a request for proposals that shall contain, but need not be limited to,
				the following:
2.2.1. A description of the
				cable television system desired by the franchising authority, including any
				system specifications established by the Commission.
2.2.2. A statement specifying that applicants
				must use the application form established by the Commission.
2.2.3. A statement indicating the fee to be
				submitted with the application, and the manner in which such fee is to be
				submitted.
2.2.4. A statement that
				all applications must contain the information required by section 2.9 this
				rule.
2.2.5. The closing date for
				the submission of applications (which shall be the same as that contained in
				the public notice).
2.2.6. The
				name, address, and telephone number of the officials who may be contacted for
				further information.
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 150-26-3 - Renewal of Existing Cable Television Franchises

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. 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.
3.1.1. Notice of the public hearing shall be
				published at least once in each of two (2) 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.
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 150-26-4 - Issuance of Cable Television Franchise to Non-Franchised Cable Operators Already Providing Cable Service

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				franchising authority may, on its own initiative, conduct a public hearing
				which gives the public in a potential cable franchise area an opportunity to
				identify that area's future cable related needs and interests and to review the
				past performance of any non-franchised cable operator who may currently provide
				cable service or who may have provided cable service in the past two years to
				that area.
4.1.1. Notice of the public
				hearing shall be published at least once in each of two (2) 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.
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 150-26-6 - Requests for Information

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Commission may in the conduct of its duties require cable operators in West
				Virginia and those cable operators applying for franchise agreements within
				West Virginia, to provide information and documents as may be necessary to meet
				the responsibilities of the Commission and objectives of the West Virginia
				Cable Television Systems Act.
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 150-26-7 - Violation of Rules; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. For each violation of these rules the
				Commission may fine a cable operator in an amount not less than one hundred
				dollars ($100.00) nor more than one thousand dollars ($1000.00) for each
				violation. Each day of non-compliance with a court order or injunction issued
				in connection with the enforcement of these rules or the West Virginia Cable
				Television Systems Act is a separate violation.
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 150-26-8 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If any
				provision of any subparagraph, subsection or section of these rules is held
				unconstitutional or void, the remaining provisions of such subparagraph,
				subdivision, subsection or section remain valid to the extent permitted under
				law.
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 150-26-9 - Notification of Service and Rate Changes

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Cable operators are required by W. Va.
				Code '24D-1-1 et
				seq. to provide all subscribers with sufficient advance written notice of any
				retiering of channels or increase of rates for service so that subscribers have
				the opportunity to discontinue service prior to the imposition of the notified
				rate increase or retiering. A Cable operator shall provide the subscriber
				advance written notice at least thirty (30) days before any rate increase or
				retiering takes effect, and shall provide a copy of the notice
				contemporaneously to the Commission.
9.2. Cable operators shall notify the
				Commission of any change in cable service rates and submit the new schedule of
				rates on the form prescribed by the Commission for that purpose at least sixty
				(60) days prior to the effective date of the rates.
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 150-26-10 - Payment of Annual Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Pursuant to W. Va. Code '24D-1-25
				each and every cable operator is required, to pay the Commission by September 1
				of each year an annual fee of twelve (12) cents per subscriber. To the extent
				that the payment of this annual fee is, when computed together with any
				franchise fee paid or owing, greater than five (5) percent of the cable
				franchise's gross annual revenues, then the payment of this annual fee shall be
				deducted from and credited as an offset to any franchise fee amount to be paid
				to the franchising authority. In all other cases the annual fee shall be in
				addition to the franchise fee owed to the franchising authority.
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 150-26-11 - Payment of Filing and Document Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Pursuant to W. Va. Code '24D-1-20,
				teach and every cable franchisee which is filing an initial, renewal or
				transfer of franchise document is required to pay the Commission at the time of
				filing the franchise document a filing fee of fifty dollars ($50).
11.2. Pursuant to W. Va. Code '24D-1-20
				in each year a filing fee is not required to be paid then each and every cable
				franchise shall pay to the Commission beginning in 1999 by September 1 of each
				year a document fee of twenty-five dollars ($25) for each franchise it holds.
				To the extent that the payment of this documents fee is, when computed together
				with any franchise fee paid or owing, greater than five (5) percent of the
				cable franchise's gross annual revenues, then the payment of this document fee
				shall be deducted from and credited as an offset to any franchise fee amount to
				be paid to the franchising authority. In all other cases this document fee is
				in addition to the franchise fee owed to the franchising authority.
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 150-26-12 - Charges for Disconnection and Downgrades

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Notwithstanding any franchise agreement
				provision to the contrary, after the effective date of this rule no cable
				system shall charge a subscriber any fee for the disconnection of cable
				service.
12.2. Unless contrary to
				federal law or otherwise specifically provided for in an existing franchise
				agreement, after the effective date of this rule no cable system shall charge a
				subscriber any fee for changing to a less expensive cable service tier except
				where:
12.2.1. The downgrade charge is
				applied only to subscribers who have not been subject to a rate increase within
				the proceeding thirty (30) days; and
12.2.2. The downgrade charge does not exceed
				the lesser of the actual out of pocket cost to perform the downgrade or the
				usual connection fee for new subscribers charged by the cable system. In no
				event shall the downgrade charge exceed fifty dollars ($50).
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 150-26-13 - Notice of Potential Transfers Due to Encumbrances

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In any encumbrance of a cable system's
				assets whereby all or substantially all of the cable system's assets are
				pledged as security for a note or subject to a lien to obtain financing, the
				loan agreement as well as all other security agreements pertinent to the loan
				agreement shall contain the following disclosures:
13.1.1. "Notwithstanding anything to the
				contrary in the loan agreement or any other security agreements pertinent to
				the loan agreement a default or assignment under the agreements does not
				constitute automatic transfer of the cable system's franchise rights. The
				appropriate franchise authority's approval must be sought before the transfer
				of franchise rights in accordance with W. Va. Code '24D-1-1 et
				seq. and, these rules.
13.1.2. "In
				the event of an act of default prompting the secured party or lienholder to
				seek foreclosure, the parties or petitioners agree to notify the proper
				franchise authority and the Commission within seven (7) days after the default.
				This notification is to give the franchise authority and the Commission the
				opportunity to determine if the default would cause inadequate, unsafe, or
				unreliable service in violation of W. Va. Code '24D-1-1 et
				seq.
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 150-26-14

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Except where
				these rules specify otherwise, administrative procedures for consumer complaint
				resolution and franchising issues before the Commission under the West Virginia
				Cable Television Systems Act, West Virginia Code '24D-1-1 et seq., shall be
				governed by the Commission's Rules of Practice and Procedure, 150 CSR
				1.
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 150-26-16 - Notice of Requirements When Cable Operator Proposes to Install Cable Television Service or Facilities Upon Property of Landlord

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The notice required under W. Va. Code
				'24D-2-7
				shall contain the following:
16.1.1. The name
				and address of the landlord;
16.1.2. The name and address of the cable
				operator;
16.1.3. A citation to the
				West Virginia Cable Television Systems Act, W. Va. Code '24D-1-1 et
				seq.
16.1.4. A description of the
				facilities and equipment to be installed upon the property;
16.1.5. A short description of the property
				upon which the installation is to be made; and
16.1.6. The approximate date of
				installation.
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 150-26-17 - Calculation and Collection of Late Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Cable operators electing to charge late
				fees may charge a fixed fee of not more than two dollars ($2.00) on the unpaid
				balance after the scheduled due date.
17.2. Cable operators must provide written
				notice to cable subscribers of the operator's late fee policy prior to charging
				any late fees. One of the following methods shall be used:
17.2.1. For companies with monthly, bimonthly
				or quarterly billing periods, notice shall be printed on or supplied with each
				billing statement detailing the scheduled due date and the amount or percentage
				rate of any possible late fee; or
17.2.2. For companies with annual or coupon
				book billing systems, a written notice must be supplied to each subscriber at
				least annually detailing the due date and amount or percentage rate of any
				possible late fee. This information may be included with any notice required by
				W. Va. Code '24D-1-1 et
				seq. or by federal law to be delivered to subscribers.
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 150-26-18 - Notices to be Mailed and Filed by Cable Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Annually, every cable operator shall
				mail to each of its subscribers a notice which informs subscribers how to
				communicate their views and complaints to the cable operator and to the
				Commission. (See Form No. 5). Every cable operator must file with the
				Commission a certification form that the notice was sent to its subscribers.
				(See Form No. 6).
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 150-26-19 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Annually,
				every cable operator shall file an annual report with the Commission. (See Form
				No. 7). The Commission shall waive the filing of Schedule M of Form No. 7.
				However, a cable operator shall be required to file Schedule M upon request by
				the Commission. Upon written request and for good cause shown, the Commission
				may approve or disapprove, through its Executive Secretary, a reasonable
				extension of time to file the financial and statistical (or annual) report.
				Such application is to be made before the expiration of the time for filing the
				report.
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 150-26-20 - Technical Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The
				Commission of West Virginia adopts by reference the Federal Communications
				Commission's rules on technical standards in effect as of the effective date of
				these rules.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				following rules govern the transportation of coal upon public highways by
				commercial motor vehicles. The rules set forth the various requirements for the
				administrative processes and procedures to be followed by the regulated
				entities.
1.2. Authority. -- SB 583
				passed March 8, 2003, and in effect from the date of passage; W. Va. Code.
				§§ 17C-17A-3(c); 17C-17A-5(k); 17C-17A-6(d); 17C-17A-7; 17C-17A-8(1);
				17C-17A-8(3); 17C-17A-9(f)(4).
1.3.
				Filing Date. -- May 7, 2004.
1.4.
				Effective Date. -- July 7, 2004.
1.5. Application of Rules
1.5.a. If hardship results from the
				application of any rule contained herein or if unusual difficulty is involved
				in immediately complying with any rule, or upon other good cause shown,
				application may be made to the Commission for a temporary or permanent
				exemption or waiver from its provisions. No application for modification or
				exemption will be considered by the commission unless there is submitted
				therewith a full and complete justification for such action. Furthermore, to
				the extent the rule is based on a specific statutory requirement, the
				Commission is unable to waive such a provision.
1.5.b. Notice shall be provided of each
				waiver application as a Class I legal advertisement in a newspaper duly
				qualified by the Secretary of State, published and of general circulation in
				the area affected.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A "coal
				resource transportation road" means a road designated by the department of
				transportation as safe and sufficient to allow vehicles hauling coal to carry a
				greater gross and axle weight of up to one hundred and twenty thousand pounds,
				with a five percent variance. Together these designated roads comprise the
				"coal resource transportation system".
2.2. "Coal" or "coal by-products" means the
				mineral in raw or clean state and includes synthetic fuel manufactured or
				produced for which credit is allowable under 26 U.S.C. § 29 of the
				Internal Revenue Code (1996). Ash, scrubber sludge and other residue of coal
				burning shall not be considered coal or coal by-products.
2.3. "Commercial motor vehicle" means, for
				the purpose of these rules, a motor vehicle, with a gross vehicle rating of ten
				thousand one pounds or more, used to transport coal on the public highways for
				commercial purposes.
2.4.
				"Commission" means the Public Service Commission of West Virginia.
2.5. "Division" means the Division of
				Highways within the Department of Transportation.
2.6. "Mining operation" means any activity
				related to extraction of coal regulated under the provisions of the West
				Virginia Code.
2.7. "Operator"
				means the person driving a commercial motor vehicle transporting coal on any
				public highway of this state.
2.8.
				"Person" means any individual, partnership, firm, society, association, trust,
				corporation, other business entity or any agency, unit or instrumentality of
				federal, state or local government.
2.9. "Receiver" means the person who accepts
				for unloading coal from any commercial motor vehicle that has operated on any
				public highway in this state.
2.10. "Shipper" means the person who loads
				coal or causes coal to be loaded into any commercial motor vehicle that will
				operate on any public highway in this state.
2.11. "Ton" means 2,000 pounds.
2.12. "Vehicle owner" means the person who as
				owner or lessee of a commercial motor vehicle employs, contracts or otherwise
				directs a driver to operate that vehicle on a public highway of this state for
				the purpose of transporting coal.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-4 - Reporting of Coal Shipments

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				All shippers and all receivers of coal which is transported over any coal
				resource transportation road must register with the Commission by providing the
				information required on Form 2 (attached hereto) no later than the date they
				are required to report coal shipments under these rules.
4.2. Shippers and receivers shall report
				timely and accurately the gross weight in pounds of every coal shipment by
				commercial motor vehicle over any coal resource transportation road, including
				the date and time when the shipment was weighed. Receivers of coal shipments
				who are residential, school, or hospital end users are not required to
				report.
4.3. Shippers and receivers
				transporting coal in a commercial motor vehicle over any coal resource
				transportation road shall begin reporting on October 1, 2003.
4.4. Reports concerning shipments of coal
				upon a coal resource transportation road shall be submitted using one of the
				following methods:
4.4.a. ASCII semicolon
				delimited file transferred to a site provided to individual shippers and
				receivers by the Commission; OR
4.4.b. Manual entry via a Commission provided
				internet application which will be provided after users register. Access to the
				web form will require a user ID and password provided by the Commission if
				requested on Form 2.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-5 - Administrative Process for Issuing Administrative Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An enforcement officer of the Commission
				shall issue a uniform citation for violations of law involving commercial motor
				vehicles.
5.1.a. A copy of the citation will
				be returned to the Transportation Division, weight enforcement unit.
5.1.b. The citation should indicate that the
				offense occurred on the coal resource transportation system and should identify
				the road by number and the approximate location of the violation.
5.1.c. The citation should indicate whether
				there is a Commission-issued special permit for the commercial motor vehicle to
				operate on the coal resource transportation system, and if so, the number of
				the permit.
5.1.d. If the
				commercial motor vehicle is cited for being overweight, the weight of vehicle
				as determined by the bill of lading, a coal transaction report, or scales must
				be indicated on the citation.
5.1.e. The citation must indicate the number
				of axles of the commercial motor vehicle.
5.1.f. If the operator of a commercial motor
				vehicle is cited for speeding, the posted speed limit and the speed of the
				vehicle must be indicated.
5.1.g.
				The citation should identify the shipper transaction number (Rule 4.6.b. and
				4.9) of the shipment.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-7 - Appeals of Administrative Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
Petitions for appeal of Administrative Law Judge decisions
				  may be made to the Supreme Court by filing a petition of appeal within 30 days
				  from the date of the final order. The filing of an appeal will not stay the
				  effect of a final order. A motion for stay must be filed with the Court if a
				  stay is sought.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-8 - Impoundments of Vehicle and Its Load

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A commercial motor vehicle and its load
				shall be impounded by a law enforcement officer pursuant to this section.
8.1.a. If a law enforcement officer
				determines that a permit has been altered, forged or counterfeited or used in
				violation of its terms or conditions, which shall mean used in a commercial
				motor vehicle different than that identified in the application or permit or by
				an owner or lessee other than the applicant, the permit shall be immediately
				confiscated, the permit indicium shall be removed, and the commercial motor
				vehicle and its load shall be impounded pursuant to the following procedure
				pending a hearing by the Commission.
8.1.b. If a law enforcement officer issues a
				criminal citation to an owner of a commercial motor vehicle operating on the
				coal resource transportation system, for a violation under W. Va. Code §
										17C-17A-10,
				then the officer shall impound the vehicle and its load.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-9 - Scales for Weighing Coal Shipments

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All certified scales used to weigh coal
				shipments under these rules must be approved and inspected on a regular basis
				by the Division of Labor.
9.2. In
				any hearing involving administrative sanctions, a current certification of
				scales and/or speed detection equipment establishes a rebuttable presumption
				that the equipment is accurate.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-10 - Vehicle Operations and Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any vehicle or combination of vehicles
				transporting coal upon the public highways of this state shall be securely
				covered to prevent the escape of the load on any trip exceeding a total
				distance of one mile on any public highway.
10.2. An operator who has less than two years
				commercial driving experience, shall not operate a commercial motor vehicle
				transporting coal upon the coal resource transportation system until he or she
				has received twenty-four hours mandatory specialized training requirements for
				commercial vehicle operators. Provided that existing operators with less than
				two years commercial driving experience on October 1, 2003, shall have six
				months within which to complete the specialized training. Provided further that
				the Commission will accept a Coal Truck Driver's Certification issued by the
				West Virginia Office of Miners' Health, Safety & Training in lieu of the
				first eight hours of the twenty-four hour training requirement.
10.3. Operators of commercial motor vehicles
				on the coal resource transportation system shall be subject to drug and alcohol
				testing. Such testing may be required by an enforcement officer based upon
				reasonable cause or it may be the result of random testing established by the
				Commission. Refusal to submit to such testing shall result in the commercial
				motor vehicle being placed out of service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-11 - Business Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Commission's employees may, during normal business hours, conduct inspections
				of all trucking-related records of shippers, vehicle operators, vehicle owners
				and receivers engaged in the transportation of coal. Copies of records shall be
				provided to Commission employees upon request.
11.2. Records required by these rules shall
				be retained for three years.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-12 - Public Toll Free Number

Current through Register Vol. XLI, No. 28, July 12, 2024
The public may report poor driving or law violations by
				  calling a toll free number maintained by the Commission, 1-866-SEE-TRUX. Each
				  commercial motor vehicle which has received a special permit to transport coal
				  on the coal resource transportation system must clearly display the toll free
				  number on the vehicle, in characters of a minimum height of six inches, visible
				  from each side and the rear of the vehicle.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-13 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
Form 1 Application for CRTS Permit
Form 2 Shipper and Receiver Registration
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