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.
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(NOTE: The purpose of this bill is to direct the division
of personnel to attempt to negotiate agreements with radio and
television broadcasters, cable television operators and
newspapers to air or publish job openings as a public service.
The bill directs the cable advisory board to include a clause
wherein cable operators agree to air such job notices as a public
service in its model franchise agreement and directs the Board to
issue a resolution on or before the first day of July, one
thousand nine hundred ninety-seven, requesting cable operators
reach an agreement with the division of personnel to air such
announcements as a public service.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)