2023 -- H 6046
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LC001192
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA
TELEVISION SYSTEMS
Introduced By: Representative Michelle E. McGaw
Date Introduced: March 03, 2023
Referred To: House Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Section 39-19-6 of the General Laws in Chapter 39-19 entitled "Community 1
Antenna Television Systems" is hereby amended to read as follows: 2
39-19-6. Jurisdiction of division. 3
(a) The division shall supervise and regulate every CATV company operating within this 4
state so far as may be necessary to prevent the operation from having detrimental consequences to 5
the public interest, and for this purpose may promulgate and enforce such reasonable rules and 6
regulations as it may deem necessary with reference to issuance of certificates, territory of 7
operation, abandonment of facilities, elimination of unjust discrimination among subscribers, 8
financial responsibility, and insurance covering personal injury and property damage, safety of 9
equipment and operation, and filing of reports. No certificates shall be issued or remain valid unless 10
the applicant has filed with the division and revised to keep current a schedule of rates and charges 11
for its services. The rates and charges shall be reasonably compensatory so as not to encourage 12
unfair or destructive competitive practices and shall be applied without discrimination. The cable 13
television section of the division of public utilities and carriers shall take all necessary steps to 14
ensure that Rhode Island shall regulate the rates charged by cable television companies to the full 15
extent allowable under federal law; provided, however, the division shall hold public hearings and 16
the cable television companies shall justify and explain at the hearings the necessity for all rate 17
increases of regulated rates pursuant to ยง 39-19-6.2. This section shall constitute authority to make 18
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any and all certifications to the Federal Communications Commission required under the Cable 1
Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385. 2
(b) The division shall supervise and regulate every CATV company operating within this 3
state to the fullest extent possible within limits established by federal law or where federal law does 4
not currently apply, including any emerging technology not currently regulated by federal law. 5
SECTION 2. Chapter 39-19 of the General Laws entitled "Community Antenna Television 6
Systems" is hereby amended by adding thereto the following section: 7
39-19-6.2. Regulation of rates. 8
(a) The division, whenever a rate increase is proposed by any CATV company for any tier 9
of cable service, shall hold public hearings and the CATV companies shall justify and explain at 10
the hearings the necessity for all rate increases of regulated rates. This justification and explanation 11
shall include, at a minimum, all the filing of information, documents and evidence as required 12
pursuant to subsection (b) of this section and shall additionally include any data, statistics, 13
schedules, or information the division deems proper or necessary to enable the division to analyze 14
and determine appropriate, fair and reasonable rates that serve the best interest of the public. The 15
division may issue orders as the division finds proper, expedient or necessary to enforce and 16
administer the provisions of this section to secure compliance with any rules or regulations made 17
thereunder and to protect the public interest. 18
(b) Any and all filings submitted by the cable companies to the Federal Communications 19
Commission (FCC) regarding cable programming rates shall be submitted to the division. 20
(c) For any proposed or implemented rate increase, the office of auditor general shall 21
conduct an audit on the information required pursuant to this section to determine the accuracy of 22
all information submitted and for the purpose of determining the reasonableness of any rate increase 23
and any other matter or facts properly within the purview of the auditor general as requested by the 24
division. 25
(d) Should the auditor general find any fraudulent, false or deceptive statements, 26
documents or evidence provided by any CATV company pursuant to the requirements of subsection 27
(a) or (b) of this section then the matter shall be forwarded by the auditor general to the attorney 28
general for review and possible prosecution. 29
SECTION 3. This act shall take effect upon passage. 30
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA
TELEVISION SYSTEMS
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This act would require the division of public utilities to hold public hearings related to 1
proposed rate increases by cable television companies and require the companies to justify and 2
explain the necessity for all rate increases. The auditor general would audit all information 3
submitted to justify any proposed rate increase. 4
This act would take effect upon passage. 5
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LC001192
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