ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 52

(By Senators Bowman, Walker and Bailey)

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[Originating in the Committee on the Judiciary;

reported February 26, 1997.]

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A BILL to amend and reenact section eight, article eighteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section twenty-four, article six, chapter twenty-nine of said code, all relating to the West Virginia cable television systems act; amending the model franchise agreement to include a clause whereby operators would air classified service job openings as a public service; issuing a resolution requesting cable services to air certain notices; and requiring the division of personnel to affirmatively seek agreements with all radio and television broadcasters, cable operators and newspapers doing business in West Virginia to air or publish classified service job openings as a public service.

Be it enacted by the Legislature of West Virginia:
That section eight, article eighteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section twenty-four, article six, chapter twenty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 18. WEST VIRGINIA CABLE TELEVISION SYSTEMS ACT.
§5-18-8. Duties of West Virginia cable television advisory board.

The West Virginia cable television advisory board shall:
(1) Develop and maintain a statewide plan for the provision of cable services, setting forth the objectives which the board deems to be in the best interest of the citizens of this state;
(2) To the extent permitted by, and not contrary to applicable federal law, rules and regulations:
(A) Prescribe standards for procedures and practices which franchising authorities shall follow in considering the issuance of cable franchises, which standards shall provide for the forms of applications and proposals, the filing of all franchise applications, proposals and related documents as public records, with reasonable notice to the public that such records are open to inspection and examination during reasonable business hours; the holding of a public hearing, upon reasonable notice to the public, at which the applications or proposals shall be examined and members of the public and interested parties are afforded a reasonable opportunity to express their views thereon; the rendition of a written report by the franchising authority made to the public, setting forth the reasons for its decision in awarding or not awarding the franchise; and such other procedural standards governing the issuance of cable franchises mandated by the provisions of this article or as the board may otherwise deem necessary or appropriate to assure maximum public participation and competition and to protect the public interest;
(B) Prescribe minimum standards for inclusion in franchises, including maximum initial and renewal terms; minimum channel capacity; provisions regarding public, educational or governmental access facilities; a requirement that no such franchise may be exclusive; standards necessary or appropriate to protect the interests of viewers of free broadcast television and the public generally, which prohibit or limit cable operators from prohibiting or entering into agreements prohibiting the sale or other transfer of rights for the simultaneous or subsequent transmission over free broadcast television; and such other standards for inclusion in franchises as the board shall deem necessary or appropriate to protect the public interest, including any provision regulating the rates for cable services to the extent that the same is not in conflict with federal law, rules or regulations;
(C) Prescribe standards by which a franchising authority shall determine whether an applicant possesses: (i) The technical ability; (ii) the financial ability; (iii) the good character; and (iv) other qualifications necessary to operate a cable system in the public interest;
(D) Prescribe standards for the construction and operation of cable systems, which standards shall be designed to promote: (i) Safe, adequate and reliable service to subscribers; (ii) the construction and operation of systems consistent with the most advanced state of the art; (iii) a construction schedule providing for maximum penetration as rapidly as possible within the limitations of economic feasibility; (iv) the construction of systems with the maximum practicable channel capacity, facilities for local program origination, facilities to provide service in areas conforming to various community interests, facilities with the technical capacity for interconnection with other systems within regions as established in the board's statewide plan and facilities capable of transmitting signals from subscribers to the cable system or to other points; and (v) the prompt handling of inquiries, complaints and requests for repairs; and
(E) Prescribe such standards for the prohibition or limitation of concentration of control over mass media and communication companies and facilities and methods of enforcing such the standards, as the board may determine to be necessary or appropriate to protect the public interest: Provided, That nothing contained herein shall be construed to authorize the impairment of any existing rights of any mass media and communication company or any subsidiary thereof;
(3) Provide advice and technical assistance to other franchising authorities and community organizations in matters relating to cable franchises and services;
(4) Establish minimum specifications for equipment, service and safety of cable;
(5) Represent the interests of citizens of this state before the federal communication commission and make available information to the public on communications developments at the federal level;
(6) Stimulate and encourage cooperative arrangements among organizations, institutions, counties and municipalities in the development of public, educational or governmental access facilities;
(7) Maintain liaison with the communications industry and other parties, both public and private, having an interest therein, other states and political subdivisions of this state to promote the rapid and harmonious development of cable services as set forth in the legislative findings and intent of this article;
(8) Undertake such studies as may be necessary to meet the responsibilities and objectives of this article; and
(9) Implement the provisions of this article in a manner which is cognizant of the differing financial and administrative capabilities of cable systems of different sizes;
(10) On or before the first day of July, one thousand nine hundred ninety-seven, shall incorporate language into its model franchise agreement which contains a provision whereby operators would agree to air notices of the division of personnel required by the provisions of section twenty-four, article six, chapter twenty-nine of this code as public service announcements; and
(11) On or before the first day of July, one thousand nine hundred ninety-seven, issue a resolution requesting that cable operators in this state, in conjunction with the West Virginia division of personnel, air as public service announcements, job openings in the classified service required to be posted pursuant to the provisions of section twenty-four, article six, chapter twenty-nine of this code.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 6. CIVIL SERVICE COMMISSION.

§29-6-24. Posting of job openings.

(a) Whenever a job opening occurs within the classified service, the appointing authority shall, in addition to any other requirement of law or regulation for the posting of job opening notices, at least ten working days before making an appointment to fill the job opening, post a notice within the building or facility where the duties of the job will be performed and throughout the agency, which notice states that a job opening has occurred and describes the duties to be performed by a person employed in that position.
(b) On or before the first day of July, one thousand nine hundred ninety-seven, the appointing authority shall, in addition to the notice requirements for job openings set forth in subsection (a) of this section, initiate an affirmative program to enter agreements with all radio and television broadcasters, cable television operators and newspapers doing business in this state whereby such mediums would agree to air or publish job openings in the classified service as a public service.