Current through Register Vol. XLI, No. 50, December 13, 2024
Section 187-1-8 - Timing and manner of award of franchise8.1. If more than one application for a cable television franchise has been received by a franchising authority, a franchise may be awarded by that franchising authority no sooner than thirty (30) days following the public hearing held pursuant to section 7 of this rule.8.2. Notwithstanding the number of applications for a cable television franchise which have been received, the franchising authority shall either award a cable television franchise or deny all applications before it for the franchise within a period of four months from the public hearing held pursuant to section 7 of this rule. The failure of the franchising authority to act within this period shall be considered a denial of all cable television franchise applications pending before the franchising authority at such time. Such denial due to failure to act shall be promptly communicated to the applicants in writing.8.3. A franchising authority may award a cable television franchise only if due diligence is used to prepare a franchise agreement that will protect the interests of the residents of the service area affected by the proposed franchise.8.4. Upon the award of a cable television franchise, the franchising authority shall include in its decision awarding the franchise the reasons for the award and-for the selection of the franchisee.8.5. The franchise agreement entered into between the franchising authority and the cable operator must contain certain provisions and follow "the standards as set forth by law or by guidelines as adopted by the Board. All franchising agreements must be filed with the Board and are subject to its review to ensure compliance.8.6. Provisions contained in franchising agreements entered into after the effective date of the West Virginia Cable Television Systems Act which conflict with or are contrary to law or the guidelines adopted by the Board are null and void, and the Board may institute action under W. Va. Code § 5-18-26(e) to correct any omission in the contract, as well as prohibit enforcement of any unlawful or invalid contract provisions.8.7. After considering all matters of record regarding a cable franchise application, a franchising authority may, in its discretion, issue only a partial exercise of the franchise sought or may attach to the franchise granted any franchise terms or limitations which the franchising authority considers necessary for the public interest.8.8. If a franchising authority, after investigation and consideration of an application for a franchise, decides to reject or grant only part of the franchise, it shall set forth in writing its decision and the reasons for it.