reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-4 - Invitation of applications; public notice of request for proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A franchising authority shall
				invite applications for a cable television franchise by means of a
				public notice advertising the availability of its requests for
				proposals. The public notice shall contain, but need not be limited
				to;
4.1.1. A description of the
				political or geographic boundaries of the area for which a franchise
				is sought.
4.1.2. A
				statement that a formal request for proposals is available to
				prospective applicants from a municipal, county or West Virginia
				Cable Television Advisory Board officer whose name, address, and
				telephone number are specified.
4.1.3. A statement that
				applications for the franchise must be submitted in writing following
				the application form and manner specified by the West Virginia Cable.
				Television Advisory Board no later than a date certain (which date
				shall be not less than 6 0 days from the date of final publication of
				the public notice).
4.1.4. A statement that all
				applications will be made available for public inspection during
				normal business hours at a specified location within the county of
				the cable service area.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-5 - Required contents of application

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Every applicant submitting a
				franchising authority for a cable television franchise shall use the
				application form established by the West Virginia Cable Television
				Advisory Board to provide the information necessary to determine
				whether a cable franchise should be issued.
5.2. The franchising authority
				shall not accept applications for a cable franchise that do not use
				the form provided by the West Virginia Cable Television Advisory
				Board. The franchising authority shall not accept applications which
				have not followed the instruction and format required by the West
				Virginia Cable Television Advisory Board.
5.3. The application must provide
				all information required by the West Virginia Cable Television
				Advisory Board before it may be accepted for filing and considered by
				the franchising authority.
5.4. The franchising authority
				shall notify an applicant in writing that its application for a cable
				franchise has been either accepted for filing or rejected within
				thirty (30) days of receipt of the application.
5.5. If an application for a
				franchise is rejected as incomplete or for failing to use the proper
				form and format of the application form provided by the West Virginia
				Cable Television Advisory Board, the franchising authority shall
				notify the applicant in writing the reasons for rejection and provide
				an applicant thirty (30) days to file a correct and completed
				application.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-6 - Investigation and due diligence required

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The franchising authority
				shall use due diligence -to investigate and assess the technical
				ability, financial condition, and character of every applicant in
				order to determine whether it would be in the public interest to
				grant a cable franchise.
6.1.1.
				Specific factors the franchising authority must consider when
				determining whether granting a specific cable application would be in
				the pubic interest are;
6.1.1.a.
				Any objections arising from the public hearing;
6.1.1.b. The content of the
				application or proposal;
6.1.1.c. The public need for the
				proposed service;
6.1.1.d. The ability of the
				applicant to offer safe, adequate and reliable service at a
				reasonable cost to the subscribers;
6.1.1.e. The suitability as to the
				good character of the applicant;
6.1.1.f. The financial
				responsibility of the applicant;
6.1.1.g. The technical and
				operational ability of the applicant to perform efficiently the
				service for which authority is requested;
6.1.1.h. The geography or
				topography of the proposed service area;
6.1.1.i. The present, planned, and
				potential expansion in facilities or cable services of the
				applicant's proposed cable system and any of the applicant's existing
				cable systems; and
6.1.1.j. Any other matters the
				franchising authority considers appropriate in the
				circumstances.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-7 - Requirement for public hearing on reasonable notice

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				franchising authority shall conduct a public hearing prior to
				awarding any cable television franchise. The hearing shall be
				preceded by reasonable notice to each of the franchise applicants and
				to the public and shall be conducted by the franchising authority in
				accordance with the following procedures:
7.1.1. There shall be an agenda for
				the hearing which shall- specify the proposals to be considered at
				the hearing.
7.1.2. Every
				person who has applied for a cable television franchise shall appear
				at the hearing either in person or by authorized representative. The
				application of the applicant who does not appear will not be further
				considered except for good cause shown for the applicant's
				absence.
7.1.3. All
				persons shall be given full opportunity to participate in the hearing
				and to ask questions of any applicant or participant in the hearing,
				but nothing contained herein shall limit the power of the presiding
				officer to establish reasonable time limits and otherwise limit
				repetitive statements or questions.
7.1.4. The notice of hearing shall;
7.1.4.a. Conform to all relevant
				state and local laws and ordinances;
7.1.4.b. Describe the agenda to be
				considered at the public hearing; and
7.1.4.c. Indicate that copies of
				all franchise applications are available for public inspection during
				normal business hours at a place to be specified in the notice.
7.1.5. Where
				the franchising authority has received more than one application for
				a cable television franchise, the hearing required by this section
				shall be convened not sooner than thirty (30) days following the
				closing date specified for the filing of such applications.
7.1.6. Notwithstanding the number
				of applications for a cable television franchise which have been
				received, the hearing required by this section shall be convened
				within one hundred twenty (120) days of the later of the following
				dates:
7.1.6.a. The closing date
				specified for the filing of such applications; or
7.1.5.b. The earliest date upon
				which the franchising authority may convene such a hearing pursuant
				to local law or charter.
7.1.7. The franchising authority
				shall provide the West Virginia Cable Television Advisory Board with
				a copy of the Notice of Public Hearing at the time it is
				published.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-8 - Timing and manner of award of franchise

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If
				more than one application for a cable television franchise has been
				received by a franchising authority, a franchise may be awarded by
				that franchising authority no sooner than thirty (30) days following
				the public hearing held pursuant to section 7 of this rule.
8.2. Notwithstanding the number of
				applications for a cable television franchise which have been
				received, the franchising authority shall either award a cable
				television franchise or deny all applications before it for the
				franchise within a period of four months from the public hearing held
				pursuant to section 7 of this rule. The failure of the franchising
				authority to act within this period shall be considered a denial of
				all cable television franchise applications pending before the
				franchising authority at such time. Such denial due to failure to act
				shall be promptly communicated to the applicants in
				writing.
8.3. A
				franchising authority may award a cable television franchise only if
				due diligence is used to prepare a franchise agreement that will
				protect the interests of the residents of the service area affected
				by the proposed franchise.
8.4. Upon the award of a cable
				television franchise, the franchising authority shall include in its
				decision awarding the franchise the reasons for the award and-for the
				selection of the franchisee.
8.5. The franchise agreement
				entered into between the franchising authority and the cable operator
				must contain certain provisions and follow "the standards as set
				forth by law or by guidelines as adopted by the Board. All
				franchising agreements must be filed with the Board and are subject
				to its review to ensure compliance.
8.6. Provisions contained in
				franchising agreements entered into after the effective date of the
				West Virginia Cable Television Systems Act which conflict with or are
				contrary to law or the guidelines adopted by the Board are null and
				void, and the Board may institute action under W. Va. Code §
				5-18-26(e) to correct any omission in the contract, as well as
				prohibit enforcement of any unlawful or invalid contract
				provisions.
8.7. After
				considering all matters of record regarding a cable franchise
				application, a franchising authority may, in its discretion, issue
				only a partial exercise of the franchise sought or may attach to the
				franchise granted any franchise terms or limitations which the
				franchising authority considers necessary for the public
				interest.
8.8. If a
				franchising authority, after investigation and consideration of an
				application for a franchise, decides to reject or grant only part of
				the franchise, it shall set forth in writing its decision and the
				reasons for it.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-9 - Procedure for Renewal of Existing Franchises

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. 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.
9.1.1. Notice of the public hearing
				shall be published at least once in each of two 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 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-10 - Procedure for franchising non-franchised cable operators already providing cable service

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. 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.
10.1.1. Notice of the public
				hearing shall be published at least once in each of two 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 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-12 - Request for Information

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Board 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 Board and objectives of the West
				Virginia Cable Television Systems Act.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-13 - Violation of Rules; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. For each violation of these
				rules the Board may fine a cable operator in an amount not less than
				fifty dollars nor more than five hundred dollars 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 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-14 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. 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 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. - This legislative rule pertains to the implementation of
				provisions of the West Virginia Cable Television Systems Act, W. Va.
				Code § 5-18-1 et seq., relating to public access channels,
				notification of service and rate changes, and payment of annual fees
				and document fees.
1.2.
				Authority. - W. Va. Code § 5-18-26 (1990).
1.3. Filing Date. --.
1.4. Effective Date. --.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Franchise fee" means the amount charged the cable operator by the
				governmental entity granting the cable franchise for the use of
				public right-of-ways by the cable operator and for other purposes
				coextensive with that term's definition under federal law.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-3 - Public, Educational & Governmental Channel Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				requirement of W. Va. Code § 5-1 8-1 2(f) shall be imposed only
				upon initial franchise authorizations and franchise renewal
				authorizations. Existing cable franchises are exempt from those
				requirements.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-4 - Notification of Service and Rate Changes

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Cable operators are required
				by W. Va. Code § 5-18-25(h) 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 Board.
4.2. Cable operators shall notify
				the West Virginia Cable Television Advisory Board of any change in
				cable service rates and submit the new schedule of rates on the form
				prescribed by the Board for that purpose at least sixty (60) days
				prior to the effective date of the rates.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-5 - Payment of Annual Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Pursuant to W. Va. Code §
				5-18-28 each and every cable operator is required, to pay the Board
				by September 1 of each year an annual fee of thirty (30) 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 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-6 - Payment of Filing and Document Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Pursuant to W. Va. Code §
				5-18-23 each and every cable franchisee which is filing an initial,
				renewal or transfer of franchise document is required to pay the
				Board at the time of filing the franchise document a filing fee of
				fifty dollars ($50).
6.2.
				Pursuant to W. Va. Code § 5-18-23 in each year a filing fee is
				not required to be paid then each and every cable franchise shall pay
				to the Board beginning in 1 990 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 ail other cases this document fee is in
				addition to the franchise fee owed to the franchising
				authority.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-7 - Charges for Disconnection and Downgrades

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				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.
7.2. 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:
7.2.1. The downgrade charge is
				applied only to subscribers who have not been subject to a rate
				increase within the proceeding thirty (30) days; and
7.2.2. The downgrade charges 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 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 187-2-8 - Notice of Potential Transfers due to Encumbrances

Current through Register Vol. XLI, No. 28, July 12, 2024
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:
"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
				  § 5-18-15 and Legislative Rules, Cable Television Advisory
				  Board, Franchising Procedures 187 CSR 1-1."
"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
				  West Virginia Cable Television Advisory Board within seven (7) days
				  of the default. This notification is to give the franchise authority
				  and the Board the opportunity to determine If the default would cause
				  inadequate, unsafe, or unreliable service in violation of W.Va. Code
				  § 5-18-17."
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-02 - Implementing Regulations › Section 1 87-2-9 - Violation of Rules; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. For each violation of this
				rule the Board may fine a cable operator In an amount not less than
				fifty dollars nor more than five hundred dollars for each violation.
				Each day of non-compliance with a court order or injunction issued in
				connection with the enforcement of these rules or W. Va. Code §
									§ 5-1 8-1 et seq. Is a separate violation.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This rule shall apply
				to practice before the West Virginia Cable Television Cable Advisory
				Board in contested cases brought through the Administrative
				Procedures Act under the West Virginia Cable Television Systems
				Act.
1.2. Authority - The
				authority for this rule arises from West Virginia Code Chapter 5,
				Article 18, Section 26(b); and Chapter 5, Article 18, Section 25(c)
				and (f).
1.3. Filing Date
				- September 3, 1991
1.4.
				Effective Date - October 7, 1991
1.5. Construction - This rule shall
				be liberally construed to effectuate the purposes of the underlying
				statutory enactments.
1.6. Application of Rules of
				Evidence - The West Virginia Rules of Evidence shall apply to
				proceedings under this rule to the same extent that the
				Administrative Procedures Act requires such application unless
				otherwise provided.
1.7.
				Severability - If any provision of any section, subsection, sentence,
				phrase, clause or provision of this rule shall be held to be
				unconstitutional or invalid, such unconstitutionality or invalidity
				shall not effect the application of such section, subsection,
				sentence, phrase, clause or provision of this rule to any other
				person or circumstance and, to that end, each and every section,
				subsection, sentence, phrase, clause, or provision of this rule shall
				be severable from every other section, subsection, sentence, phrase,
				clause, or provision.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Act" shall mean the West Virginia Cable Television Systems
				Act.
2.2. "Answer" shall
				mean that response to the complaint which is filed by the respondent
				in conformity with these rules,
2.3. "Board" shall mean the duly
				appointed, qualified, and constituted Cable TV Advisory Board of the
				State of West Virginia or its designate.
2.4. "Complaint" shall mean that
				written statement which contains the requisite elements set forth in
				W. Va. Code § 5-18-25(b).
2.5. "Consent order" shall mean a
				final order of the Cable TV Advisory Board which is entered into by
				the parties with their consent.
2.6. "Contested cases" shall mean
				proceedings in which the legal rights, duties, interests or
				privileges of specific parties arising under Chapter 5, Article 18 of
				the West-Virginia Code; the legislative rules thereunder; or the
				pertinent franchise agreement are determined after a hearing under
				these rules subject to a subsequent appeal to the proper Circuit
				County Court by any party aggrieved by the outcome of such a
				hearing.
2.7. "Findings"
				shall mean the presiding officer's findings of fact and law, together
				with any proposed order and statement of rationale set forth in his
				decision.
2.8. "Motion"
				shall mean any application by either party for an order.
2.9. "Order" shall mean any order
				of the presiding officer, and "final order" shall mean the final
				dispositive order of the Board whether such order is adjudicated or
				entered by consent.
2.10. "Party" or "parties" shall
				mean the parties to the case, including any respondent, and any
				intervener.
2.11.
				"Pleading" shall include any complaint, answer, motion, or other
				document filed in a contested case.
2.12 . "Presiding officer" shall
				mean that designate of the Cable TV Advisory Board who is assigned to
				hear any evidence in any contested case, to make decisions in any
				contested case, and sign any orders in any contested case; the term
				includes any hearing examiner appointed or designated by the
				Board.
2.13. "Respondent"
				shall mean any cable operator who is alleged to have engaged in
				conduct violative of the act, the rules thereunder, the pertinent
				franchise agreement; or is otherwise engaged in conduct which the
				Board has authority to proscribe by order.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-3 - Institution of Contested Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A contested case shall
				commence upon the filing of a formal request in the form of a
				verified complaint with the Cable TV Advisory Board. The complaint
				shall contain the name(s) of the respondent(s), a short statement of
				facts supporting the complaint, a statement of the laws, rules, or
				franchise terms purported to be violated, or cite to law giving the
				Board the authority to proscribe the conduct by an order, and the
				signature of the complainant or his or her counsel. In addition, the
				complainant must set forth the affirmative relief which he or she
				desires.
3.2. The
				complaint shall be numbered upon filing with the appropriate officer
				designated by the Cable TV Advisory Board for that purpose. Such
				numbers shall be in consecutive order commencing with the last two
				digits of the calendar year in which the contested case was
				commenced,
3.3. The
				complainant shall upon filing supply the Board with the identities
				and, if known, the addresses of the persons to be served. The Board
				upon receiving the filing shall promptly complete and serve upon
				respondent(s) a Notice designating a date not less than thirty days
				after service by which any respondent must answer, along with a
				statement that a failure to answer the attached complaint may result
				in a default order being entered, and the name and address of the
				complainant or his or her counsel upon whom such respondent shall
				make his answer.
3.4. If
				any person fails to answer the complaint within thirty days, or
				otherwise inhibits the proceedings, the presiding officer may upon
				motion by complainant or complainant's counsel deem that a decision
				by default shall be entered either with or without additional
				evidence, depending upon the matter, in conformity with the
				provisions of Rule 55 of the West Virginia Rules of Civil
				Procedure,
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-4 - Answer in Contested Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Within thirty days after being
				served, a respondent shall file an answer with the Board and the
				complainant or complainant's counsel unless an agreement has been
				reached with complaint counsel or the presiding officer, after
				considering a motion, grants additional time to answer the complaint.
				The answer shall contain admissions of or denials of facts as alleged
				within the complaint. However, if after reasonable investigation,
				respondent determines that he or she has no knowledge of the facts as
				presented in the complaint, the respondent may answer accordingly.
				The answer shall be signed by the respondent or authorized officer or
				counsel thereof, be sworn to, and contain the signature and address
				of the attorney of record if such may be the case. In addition, the
				respondent may set forth any affirmative defenses or other defenses
				to the complaint if he may so desire,
4.2. In addition to or in lieu of
				any answer, a respondent may make any motion to dismiss, motion for
				more definite statement, or motion to strike. However, if the
				presiding officer postpones ruling on such motions or deny such
				motions, the respondent shall answer the complaint within ten days
				after denial of such motion, or written notice from the presiding
				officer of such postponement.
4.3. Motions to dismiss shall
				include motions based upon (1) lack of subject matter jurisdiction;
				(2) lack of personal jurisdiction; (3) failure to state a claim upon
				which relief may be granted; (4) res judicata; or (5) other motions
				available under Rule 12 of the West Virginia Rules of Civil
				Procedure. The presiding officer must rule on these motions before
				any final order can be entered by the Board, and may hold a
				preliminary hearing and issue a finding on any such motion prior to
				the hearing of the case-in-chief.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-5 - Service of Complaint

Current through Register Vol. XLI, No. 28, July 12, 2024
The complaint in any contested case may be served
				  upon any respondent in a manner consistent with W. Va. Code §
									29A-7-2
				  or Rule 4 of the West Virginia Rules of Civil Procedure as existing
				  at the time of institution of the action. As a general rule of
				  practice the Board shall first attempt to make service by certified
				  mail, return reciept requested.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-6 - Style of Contested Case to be on Each Pleading

Current through Register Vol. XLI, No. 28, July 12, 2024
Each pleading in any action shall contain a caption
				  setting forth the agency before whom the action is commenced, the
				  caption of the case as presented in the complaint, a case number as
				  assigned by the officer designated by the Cable TV Advisory Board to
				  maintain the record, and a designation of the type of pleading which
				  is presented. Board employees may add such captions when they are not
				  properly included by a party or petitioner.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-7 - Filing of pleadings in Contested Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				original of any complaint, answer, motion, pleading, affidavit, or
				other matter shall be filed with with the Executive Secretary of the
				Board, unless otherwise directed.
7.2. Each original item, other than
				the complaint, filed with the Executive Secretary of the Board or
				other person designated to receive such filings shall contain a
				certificate of service certifying that a true copy of the item had
				been served upon the party or the party's counsel, the date of such
				service, the manner of service, and the signature of the party or the
				party's counsel obtaining such service. The complaint,- together with
				the required Notice, shall be served by the Board upon the
				respondent. " "
7.3. When
				service of pleadings other than a complaint is obtained by any method
				other than personal delivery, three additional days shall be allowed
				for delivery by that means.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 137-3-8 - Amendment of Complaint or Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A party many amend a pleading
				once as a matter of right at any time before a responsive pleading is
				served. If the pleading is one to which no responsive pleading is
				permitted, a party may amend it at any time within 20 days after it
				is served. Otherwise a party may only amend a pleading after motion
				and hearing pursuant to Rule 10 below. Permission to amend shall be
				freely given so long as it permits presentation of the merits of the
				action, the adverse party is not prejudiced by the sudden assertory
				of the amended pleading, and the adverse party is given sufficient
				time to meet the issue.
8.2. Any amendments to any
				complaint or answer shall relate back to the original date of
				institution of proceedings unless such relation back prejudices the
				rights of the other party to the action or the law otherwise will not
				permit such relation back.
8.3. When any amended complaint is
				properly allowed, filed and served the respondent shall answer such
				complaint within ten days, or within the time remaining for answer to
				the original pleading, whichever is longer.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-9 - Scheduling Conference

Current through Register Vol. XLI, No. 28, July 12, 2024
Not earlier than thirty days after the issues have
				  been joined, the presiding officer may set a scheduling conference to
				  set forth critical dates and times for certain proceedings and to set
				  a tentative hearing date. The dates and times shall not be altered
				  unless good cause is shown by the party seeking
				  adjustment.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-10 - Motion Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person who files a motion
				to dismiss, a motion for more definite statement, motion to strike,
				or any other motion shall deliver to the presiding officer, the
				officer designated to maintain the record, and to all other parties
				who may be affected a copy of the motion and a memorandum in support
				of such motion which sets forth the factual and legal basis of such
				motion. Failure to provide a memorandum in support of the motion may
				result the denial of such motion without hearing.
10.2. Any person who may be
				affected by a motion by another party should file a response to such
				motion within fourteen days after service of such motion by filing a
				memorandum setting forth such party's legal and factual position. Any
				failure to file a response or memorandum may be deemed a waiver of
				right to oppose such motion and may result in the entry of the motion
				as prayed.
10.3. The
				presiding officer may rule on such motions with or without hearing.
				Setting a hearing on such motions shall be in the discretion of the
				presiding officer.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-11 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1..
				Discovery in contested cases shall be conducted in the manner as
				provided for within the West Virginia Rules of Civil Procedure except
				as otherwise stated herein. The time periods for discovery as
				contained in the West Virginia Rules of Civil Procedure shall be
				shortened as follows:
11.1.1. To the
				extent that discovery requests are made in conjunction with the
				complaint or prior to the filing of a responsive pleading, the party
				shall have a period of forty-five days to respond; and
11.1.2. To the extent that general
				discovery requests are made otherwise, the time periods shall be
				shortened to fifteen days rather' than the thirty days as provided
				for in the West Virginia Rules of Civil Procedure.
11.1.3. Notwithstanding the prior
				positions, the presiding officer shall be empowered to shorten or
				enlarge time limitations upon a showing of good cause.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-12 - Issuance of Subpoena by Cable TV Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1 Any
				party in any contested case may seek a subpoena to compel the
				presence of any person or to compel the production of any evidence.
				The party requesting such a subpoena shall provide a written
				statement to the person designated by the Cable TV Advisory Board to
				maintain the record setting forth the number of subpoenas requested,
				the types of each subpoena requested, the date and location at which
				the person who is subject to the subpoena shall appear, and the name
				and address of such person if the party desires the Cable TV Advisory
				Board to make service.
12.2. Any party other than the
				Cable TV Advisory Board shall provide, upon request of a subpoena, a
				separate check payable to the person who is subject to the subpoena
				in an amount to reimburse such person who is subject to the subpoena
				for his or her expenses in an amount not greater than that amount
				which may be paid to witnesses in actions in the courts of this
				state; or alternatively, a sworn statement obligating the party to
				such payment.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-13 - Prehearing Conference

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The presiding officer may
				conduct a presiding conference before a hearing in any contested
				case. At such hearing, the presiding officer may: require the parties
				to brief him regarding the evidence and law concerning all relevant
				issues; rule on outstanding motions; and set forth other matters
				which may be necessary to dispose of prior to hearing.
13.2. The presiding officer may
				require briefs or memoranda from the parties setting forth any
				matters which the hearing officer deems relevant,
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-14 - Order by Default or Summary Judgment

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any
				person who fails to answer any complaint may be subject to an order
				by default in accordance with the provisions of Rule 55 of the West
				Virginia Rules of Civil Procedure. A copy of the final order issued
				by the Board shall be served upon the defaulting party and shall be
				final ten days after such service.
14.2. After the issues have been
				joined and discovery has closed, the parties may file motions for
				summary judgment setting forth by affidavit, law, and evidence the
				reasons summary judgment must be granted. Grant of a summary judgment
				shall be reviewed by the Board for issuance as a final order. The
				presiding officer and Board shall be guided by the provisions of Rule
				56 of the West Virginia Rules of Civil Procedure in making their
				determination.
14.3. If
				summary judgment fails to resolve all issues, the presiding officer
				shall conduct a hearing and, after hearing evidence and argument,
				shall issue his findings, which findings shall include a decision as
				to all remaining issues to the complaint. Within ten days after the
				entry of such findings and decision, the parties may file exceptions
				and ask for reconsideration. The presiding officer may schedule oral
				argument regarding the motion for reconsideration, may rule on the
				briefs filed in support of the motion, or may deny such motion and
				affirm the findings and decision. Such findings, including the
				decision therein, shall be certified to the Board for final order
				upon ten days after its issuance or, if reconsideration is requested,
				immediately upon denial of reconsideration.
14.4. The presiding officer may set
				forth and recommmend in his findings, and the Board may require in
				its final order, restitution to consumers who have been adversely
				affected by the actions of the respondent, provided the respondent
				received notice that such restitution was being sought.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-15 - Intervention

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Upon timely application anyone shall be permitted to intervene in an
				action:
(1) when a statute of this
				state confers an unconditional right to intervene; or
(2) when the applicant claims an
				interest relating to the property or transaction which is the subject
				of the action and he is so situated that the disposition of the
				action may, as a practical matter, impair or impede his ability to
				protect that interest, unless the applicant's interest is adequately
				represented by existing parties.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-16 - Entry of Findings and Final Order

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Within fourteen days of any
				hearing on a motion, the presiding officer shall issue his decision
				granting or denying the motion and set forth his findings supporting
				the decision.
16.2.
				Within thirty days of the close of the hearing on the merits of the
				case, the presiding officer shall issue and report in writing his
				findings to the Board and the parties thereto. The findings shall
				state the various findings of fact and conclusions of law relied upon
				by the presiding officer and set forth a proposed order together with
				the reasons for the decision.
16.3. Within forty-five days the
				Board shall adopt, reject, or modify the proposed order by issuance
				of a final order, which final order shall be in conformity with W.
				Va. Code §
									29A-5-3;
				or alternatively shall, by order, set aside the proposed order and
				schedule a hearing on the matter before the full Board.
16.4The adoption of a final order
				or order to hold further hearings on the matter shall be by a
				majority of the Board, such majority being a majority of the Board's
				quorum when the decision is rendered at a public hearing. The names
				of each Board member and their position in support of, in opposition
				to, or not voting on, the adoption of such orders shall be noted
				thereon.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-03 - Administrative Procedures For Consumer Complaint Resolution Under The WV Cable TV Systems Act › Section 187-3-17 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Any party adversely affected
				by a final order of the Board in a contested case is entitled to
				judicial review or other relief as provided by W. Va. Code §
									29A-5-4.