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5 | 5 | | 2023 -- H 6046 |
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6 | 6 | | ======== |
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7 | 7 | | LC001192 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA |
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16 | 16 | | TELEVISION SYSTEMS |
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17 | 17 | | Introduced By: Representative Michelle E. McGaw |
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18 | 18 | | Date Introduced: March 03, 2023 |
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19 | 19 | | Referred To: House Corporations |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 39-19-6 of the General Laws in Chapter 39-19 entitled "Community 1 |
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24 | 24 | | Antenna Television Systems" is hereby amended to read as follows: 2 |
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25 | 25 | | 39-19-6. Jurisdiction of division. 3 |
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26 | 26 | | (a) The division shall supervise and regulate every CATV company operating within this 4 |
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27 | 27 | | state so far as may be necessary to prevent the operation from having detrimental consequences to 5 |
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28 | 28 | | the public interest, and for this purpose may promulgate and enforce such reasonable rules and 6 |
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29 | 29 | | regulations as it may deem necessary with reference to issuance of certificates, territory of 7 |
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30 | 30 | | operation, abandonment of facilities, elimination of unjust discrimination among subscribers, 8 |
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31 | 31 | | financial responsibility, and insurance covering personal injury and property damage, safety of 9 |
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32 | 32 | | equipment and operation, and filing of reports. No certificates shall be issued or remain valid unless 10 |
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33 | 33 | | the applicant has filed with the division and revised to keep current a schedule of rates and charges 11 |
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34 | 34 | | for its services. The rates and charges shall be reasonably compensatory so as not to encourage 12 |
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35 | 35 | | unfair or destructive competitive practices and shall be applied without discrimination. The cable 13 |
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36 | 36 | | television section of the division of public utilities and carriers shall take all necessary steps to 14 |
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37 | 37 | | ensure that Rhode Island shall regulate the rates charged by cable television companies to the full 15 |
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38 | 38 | | extent allowable under federal law; provided, however, the division shall hold public hearings and 16 |
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39 | 39 | | the cable television companies shall justify and explain at the hearings the necessity for all rate 17 |
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40 | 40 | | increases of regulated rates pursuant to ยง 39-19-6.2. This section shall constitute authority to make 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001192 - Page 2 of 3 |
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44 | 44 | | any and all certifications to the Federal Communications Commission required under the Cable 1 |
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45 | 45 | | Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385. 2 |
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46 | 46 | | (b) The division shall supervise and regulate every CATV company operating within this 3 |
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47 | 47 | | state to the fullest extent possible within limits established by federal law or where federal law does 4 |
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48 | 48 | | not currently apply, including any emerging technology not currently regulated by federal law. 5 |
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49 | 49 | | SECTION 2. Chapter 39-19 of the General Laws entitled "Community Antenna Television 6 |
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50 | 50 | | Systems" is hereby amended by adding thereto the following section: 7 |
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51 | 51 | | 39-19-6.2. Regulation of rates. 8 |
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52 | 52 | | (a) The division, whenever a rate increase is proposed by any CATV company for any tier 9 |
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53 | 53 | | of cable service, shall hold public hearings and the CATV companies shall justify and explain at 10 |
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54 | 54 | | the hearings the necessity for all rate increases of regulated rates. This justification and explanation 11 |
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55 | 55 | | shall include, at a minimum, all the filing of information, documents and evidence as required 12 |
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56 | 56 | | pursuant to subsection (b) of this section and shall additionally include any data, statistics, 13 |
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57 | 57 | | schedules, or information the division deems proper or necessary to enable the division to analyze 14 |
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58 | 58 | | and determine appropriate, fair and reasonable rates that serve the best interest of the public. The 15 |
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59 | 59 | | division may issue orders as the division finds proper, expedient or necessary to enforce and 16 |
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60 | 60 | | administer the provisions of this section to secure compliance with any rules or regulations made 17 |
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61 | 61 | | thereunder and to protect the public interest. 18 |
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62 | 62 | | (b) Any and all filings submitted by the cable companies to the Federal Communications 19 |
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63 | 63 | | Commission (FCC) regarding cable programming rates shall be submitted to the division. 20 |
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64 | 64 | | (c) For any proposed or implemented rate increase, the office of auditor general shall 21 |
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65 | 65 | | conduct an audit on the information required pursuant to this section to determine the accuracy of 22 |
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66 | 66 | | all information submitted and for the purpose of determining the reasonableness of any rate increase 23 |
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67 | 67 | | and any other matter or facts properly within the purview of the auditor general as requested by the 24 |
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68 | 68 | | division. 25 |
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69 | 69 | | (d) Should the auditor general find any fraudulent, false or deceptive statements, 26 |
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70 | 70 | | documents or evidence provided by any CATV company pursuant to the requirements of subsection 27 |
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71 | 71 | | (a) or (b) of this section then the matter shall be forwarded by the auditor general to the attorney 28 |
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72 | 72 | | general for review and possible prosecution. 29 |
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73 | 73 | | SECTION 3. This act shall take effect upon passage. 30 |
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74 | 74 | | ======== |
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75 | 75 | | LC001192 |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LC001192 - Page 3 of 3 |
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80 | 80 | | EXPLANATION |
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81 | 81 | | BY THE LEGISLATIVE COUNCIL |
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82 | 82 | | OF |
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83 | 83 | | A N A C T |
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84 | 84 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA |
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85 | 85 | | TELEVISION SYSTEMS |
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86 | 86 | | *** |
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87 | 87 | | This act would require the division of public utilities to hold public hearings related to 1 |
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88 | 88 | | proposed rate increases by cable television companies and require the companies to justify and 2 |
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89 | 89 | | explain the necessity for all rate increases. The auditor general would audit all information 3 |
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90 | 90 | | submitted to justify any proposed rate increase. 4 |
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91 | 91 | | This act would take effect upon passage. 5 |
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92 | 92 | | ======== |
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93 | 93 | | LC001192 |
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