West Virginia Code 24D-1-11 – Renewal of cable franchise
(a) Any cable franchise issued pursuant to this chapter may be renewed by the franchising authority upon approval of a cable operator's application or proposal therefor and in accordance with the provisions of 47 U.S.C. § 546 as the same is in effect on the effective date of this chapter. The form of the application or proposal shall be prescribed by the commission. The application or proposal fee shall be the same fee prescribed for franchise applications. The periods of renewal shall be not less than five nor more than twenty years each. The commission shall require of the applicant full disclosure, including the proposed plans and schedule of expenditures for or in support of the use of public, educational or governmental access facilities. Except as otherwise provided in this section, the franchising authority shall have exclusive authority regarding the renewal of a cable franchise.
Terms Used In West Virginia Code 24D-1-11
- Applicant: means a person who initiates an application or proposal. See West Virginia Code 24D-1-2
- Application: means an unsolicited filing for a cable franchise. See West Virginia Code 24D-1-2
- Cable operator: means any person or group of persons: (A) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system. See West Virginia Code 24D-1-2
- franchise: means a nonexclusive initial authorization or renewal thereof issued pursuant to this chapter, whether the authorization is designated as a franchise, permit, order, contract, agreement or otherwise, which authorizes the construction or operation of a cable system. See West Virginia Code 24D-1-2
- Franchising authority: means a municipality, a county commission or the Public Service Commission empowered by federal, state or local law to grant a cable franchise. See West Virginia Code 24D-1-2
- Proposal: means a filing solicited by the franchising authority for a cable franchise. See West Virginia Code 24D-1-2
(b) For cable franchises for which a proposal or application for renewal has been submitted by the cable operator to the franchising authority prior to expiration of the cable franchise and which application or proposal the franchising authority has neither approved nor denied, the cable franchise, at the cable operator's election, shall continue upon the same terms and conditions until such time as the franchising authority either approves or denies the application or proposal for renewal.