H. B. 2218
(By Delegate Louisos)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §24D-1-13 of the code of West Virginia,
1931, as amended, relating to rates charged by cable
television systems; appointment by Governor of three person
rate review board within the Public Service Commission.
Be it enacted by the Legislature of West Virginia:
That §24D-1-13 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. CABLE TELEVISION SYSTEMS ACT.
§24D-1-13. Rates; filing with Public Service Commission; review
board appointed by Governor; approval.
(a) The Commission shall require each cable operator to file
a schedule of its rates of service on a form and with the notice
that the Commission may prescribe. The schedule shall be filed
with the annual report referenced in section twenty-four of this
article.
(b) To the extent permitted by federal law, the Commission
shall, with the approval of a majority of the review board created
by subdivision (d) of this section, regulate rates to ensure that
they are just and reasonable both to the public and to the cable
operator and are not unduly discriminatory.
(c) To the extent permitted by federal law, the Commission
shall, with the approval of a majority of the review board created
by subdivision (d) of this section, regulate charges other than
those related to rates for the provision of basic cable service to
ensure that they are just and reasonable and not unduly
discriminatory.
(d) There is hereby created a cable television systems rate
review board within the Public Service Commission. The Board shall
consist of three members, one member from each of the congressional
districts in the State who are appointed by the Governor, by and
with the advice and consent of the Senate. Each member serves for
a term of five years. Of the members of the rate review board
first appointed, one is appointed for a term ending the thirtieth
day of June, two thousand seven, and one each for terms ending
three and four years thereafter. The Board members shall serve
without compensation for their service but shall be reimbursed,
upon the approval of the Commissioner, for any necessary expenses
incurred in carrying out their official duties as a Board member.
A majority of the members must agree on the approval or disapproval of any rates or other charges for cable service and
report their decision to the Commission for implementation.
NOTE: The purpose of this bill is to create a three person
rate review board within the Public Service Commission. The
members are to be appointed by the Governor, from each state
congressional district, to review rates and other charges by cable
television systems.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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