Rhode Island 2023 Regular Session

Rhode Island House Bill H6046 Compare Versions

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55 2023 -- H 6046
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA
1616 TELEVISION SYSTEMS
1717 Introduced By: Representative Michelle E. McGaw
1818 Date Introduced: March 03, 2023
1919 Referred To: House Corporations
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 39-19-6 of the General Laws in Chapter 39-19 entitled "Community 1
2424 Antenna Television Systems" is hereby amended to read as follows: 2
2525 39-19-6. Jurisdiction of division. 3
2626 (a) The division shall supervise and regulate every CATV company operating within this 4
2727 state so far as may be necessary to prevent the operation from having detrimental consequences to 5
2828 the public interest, and for this purpose may promulgate and enforce such reasonable rules and 6
2929 regulations as it may deem necessary with reference to issuance of certificates, territory of 7
3030 operation, abandonment of facilities, elimination of unjust discrimination among subscribers, 8
3131 financial responsibility, and insurance covering personal injury and property damage, safety of 9
3232 equipment and operation, and filing of reports. No certificates shall be issued or remain valid unless 10
3333 the applicant has filed with the division and revised to keep current a schedule of rates and charges 11
3434 for its services. The rates and charges shall be reasonably compensatory so as not to encourage 12
3535 unfair or destructive competitive practices and shall be applied without discrimination. The cable 13
3636 television section of the division of public utilities and carriers shall take all necessary steps to 14
3737 ensure that Rhode Island shall regulate the rates charged by cable television companies to the full 15
3838 extent allowable under federal law; provided, however, the division shall hold public hearings and 16
3939 the cable television companies shall justify and explain at the hearings the necessity for all rate 17
4040 increases of regulated rates pursuant to ยง 39-19-6.2. This section shall constitute authority to make 18
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4444 any and all certifications to the Federal Communications Commission required under the Cable 1
4545 Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385. 2
4646 (b) The division shall supervise and regulate every CATV company operating within this 3
4747 state to the fullest extent possible within limits established by federal law or where federal law does 4
4848 not currently apply, including any emerging technology not currently regulated by federal law. 5
4949 SECTION 2. Chapter 39-19 of the General Laws entitled "Community Antenna Television 6
5050 Systems" is hereby amended by adding thereto the following section: 7
5151 39-19-6.2. Regulation of rates. 8
5252 (a) The division, whenever a rate increase is proposed by any CATV company for any tier 9
5353 of cable service, shall hold public hearings and the CATV companies shall justify and explain at 10
5454 the hearings the necessity for all rate increases of regulated rates. This justification and explanation 11
5555 shall include, at a minimum, all the filing of information, documents and evidence as required 12
5656 pursuant to subsection (b) of this section and shall additionally include any data, statistics, 13
5757 schedules, or information the division deems proper or necessary to enable the division to analyze 14
5858 and determine appropriate, fair and reasonable rates that serve the best interest of the public. The 15
5959 division may issue orders as the division finds proper, expedient or necessary to enforce and 16
6060 administer the provisions of this section to secure compliance with any rules or regulations made 17
6161 thereunder and to protect the public interest. 18
6262 (b) Any and all filings submitted by the cable companies to the Federal Communications 19
6363 Commission (FCC) regarding cable programming rates shall be submitted to the division. 20
6464 (c) For any proposed or implemented rate increase, the office of auditor general shall 21
6565 conduct an audit on the information required pursuant to this section to determine the accuracy of 22
6666 all information submitted and for the purpose of determining the reasonableness of any rate increase 23
6767 and any other matter or facts properly within the purview of the auditor general as requested by the 24
6868 division. 25
6969 (d) Should the auditor general find any fraudulent, false or deceptive statements, 26
7070 documents or evidence provided by any CATV company pursuant to the requirements of subsection 27
7171 (a) or (b) of this section then the matter shall be forwarded by the auditor general to the attorney 28
7272 general for review and possible prosecution. 29
7373 SECTION 3. This act shall take effect upon passage. 30
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8080 EXPLANATION
8181 BY THE LEGISLATIVE COUNCIL
8282 OF
8383 A N A C T
8484 RELATING TO PUBLIC UTILITIES AND CARRIERS -- COMMUNITY ANTENNA
8585 TELEVISION SYSTEMS
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8787 This act would require the division of public utilities to hold public hearings related to 1
8888 proposed rate increases by cable television companies and require the companies to justify and 2
8989 explain the necessity for all rate increases. The auditor general would audit all information 3
9090 submitted to justify any proposed rate increase. 4
9191 This act would take effect upon passage. 5
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