2023 -- H 6046

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LC001192

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     STATE OF RHODE ISLAND

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

Antenna Television Systems" is hereby amended to read as follows:

     39-19-6. Jurisdiction of division.

     (a) The division shall supervise and regulate every CATV company operating within this

state so far as may be necessary to prevent the operation from having detrimental consequences to

the public interest, and for this purpose may promulgate and enforce such reasonable rules and

regulations as it may deem necessary with reference to issuance of certificates, territory of

operation, abandonment of facilities, elimination of unjust discrimination among subscribers,

financial responsibility, and insurance covering personal injury and property damage, safety of

equipment and operation, and filing of reports. No certificates shall be issued or remain valid unless

the applicant has filed with the division and revised to keep current a schedule of rates and charges

for its services. The rates and charges shall be reasonably compensatory so as not to encourage

unfair or destructive competitive practices and shall be applied without discrimination. The cable

television section of the division of public utilities and carriers shall take all necessary steps to

ensure that Rhode Island shall regulate the rates charged by cable television companies to the full

extent allowable under federal law; provided, however, the division shall hold public hearings and

the cable television companies shall justify and explain at the hearings the necessity for all rate

increases of regulated rates pursuant to § 39-19-6.2. This section shall constitute authority to make

any and all certifications to the Federal Communications Commission required under the Cable

Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385.

     (b) The division shall supervise and regulate every CATV company operating within this

state to the fullest extent possible within limits established by federal law or where federal law does

not currently apply, including any emerging technology not currently regulated by federal law.

     SECTION 2. Chapter 39-19 of the General Laws entitled "Community Antenna Television

Systems" is hereby amended by adding thereto the following section:

     39-19-6.2. Regulation of rates.

     (a) The division, whenever a rate increase is proposed by any CATV company for any tier

of cable service, shall hold public hearings and the CATV companies shall justify and explain at

the hearings the necessity for all rate increases of regulated rates. This justification and explanation

shall include, at a minimum, all the filing of information, documents and evidence as required

pursuant to subsection (b) of this section and shall additionally include any data, statistics,

schedules, or information the division deems proper or necessary to enable the division to analyze

and determine appropriate, fair and reasonable rates that serve the best interest of the public. The

division may issue orders as the division finds proper, expedient or necessary to enforce and

administer the provisions of this section to secure compliance with any rules or regulations made

thereunder and to protect the public interest.

     (b) Any and all filings submitted by the cable companies to the Federal Communications

Commission (FCC) regarding cable programming rates shall be submitted to the division.

     (c) For any proposed or implemented rate increase, the office of auditor general shall

conduct an audit on the information required pursuant to this section to determine the accuracy of

all information submitted and for the purpose of determining the reasonableness of any rate increase

and any other matter or facts properly within the purview of the auditor general as requested by the

division.

     (d) Should the auditor general find any fraudulent, false or deceptive statements,

documents or evidence provided by any CATV company pursuant to the requirements of subsection

(a) or (b) of this section then the matter shall be forwarded by the auditor general to the attorney

general for review and possible prosecution.

     SECTION 3. This act shall take effect upon passage.

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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

proposed rate increases by cable television companies and require the companies to justify and

explain the necessity for all rate increases. The auditor general would audit all information

submitted to justify any proposed rate increase.

     This act would take effect upon passage.

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LC001192

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