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 187-1-11 - Procedure for granting transfer of a cable franchise or cable system

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Every application submitted
				to a franchising authority for the transfer of a cable franchise or
				non-franchised cable system (hereinafter "cable system") shall use
				the application form established by the West Virginia Cable
				Television Advisory Board to provide the information necessary to
				determine whether a transfer should be granted.
11.2. The franchising authority
				shall not accept applications for transfer of" a cable franchise or
				cable system 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.
11.3. 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.
11.4. The franchising authority
				shall notify an applicant in writing that its application for the
				transfer of a cable franchise or cable system has been either
				accepted for filing or rejected within thirty (30) days of receipt of
				the application.
11.5. If
				an "application for a transfer of a cable franchise or cable system
				is rejected as incomplete or for failing to use the proper form and
				format of the application form provided by the 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.
11.6. The
				franchising authority shall use due diligence to investigate and
				assess the technical ability, financial condition, and character of
				every transfer applicant in order to determine whether it would be in
				the public interest to grant a transfer.
11.6.1. Specific factors the
				franchising authority must consider when determining whether granting
				a specific cable transfer application would be in the pubic interest
				are:
11.6.1.a. Any objections
				arising from the public hearing;
11.6.1.b. The content of the
				application or proposal;
11,6.1.c.The public benefit from
				the transfer;
11,6.1.d.
				The ability of the applicant to offer safe, adequate and reliable
				service at a reasonable cost to the subscribers;
11,6.1.e.The suitability as to the
				good character of the applicant;
11.6.1.f. The financial
				responsibility of the applicant;
11.6.1.g. The technical and
				operational ability of the applicant to perform efficiently the
				service for which authority is requested;
11.6.1.h. The ability of the
				transfer applicant to provide the present, planned, and potential
				expansion in facilities or cable services agreed to by the current
				franchise holder; or where no such agreement exists the ability of
				the transfer applicant to provide the expansion in facilities and
				cable services consistent with the reasonable future cable-related
				community needs and interests.
11.6.1.i.Any other matters the
				franchising authority considers appropriate in the
				circumstances.