(a) Any cable franchise issued pursuant to this chapter may be renewed by the franchising authority upon approval of a cable operator's application or proposal therefor and in accordance with the provisions of 47 U.S.C. §546 as the same is in effect on the effective date of this chapter. The form of the application or proposal shall be prescribed by the commission. The application or proposal fee shall be the same fee prescribed for franchise applications. The periods of renewal shall be not less than five nor more than twenty years each. The commission shall require of the applicant full disclosure, including the proposed plans and schedule of expenditures for or in support of the use of public, educational or governmental access facilities. Except as otherwise provided in this section, the franchising authority shall have exclusive authority regarding the renewal of a cable franchise.
(b) For cable franchises for which a proposal or application for renewal has been submitted by the cable operator to the franchising authority prior to expiration of the cable franchise and which application or proposal the franchising authority has neither approved nor denied, the cable franchise, at the cable operator's election, shall continue upon the same terms and conditions until such time as the franchising authority either approves or denies the application or proposal for renewal.
Structure West Virginia Code
Article 1. Cable Television Systems Act
§24D-1-1. Legislative Findings
§24D-1-3. Cable Franchise Required; Franchising Authority
§24D-1-4. Existing Cable Franchises
§24D-1-5. Duties of the Public Service Commission
§24D-1-6. Application or Proposal for Cable Franchise; Fee; Certain Requirements
§24D-1-7. Cable Franchise Application or Proposal Procedure; Public Hearing; Notice
§24D-1-8. Issuance of Cable Franchise Authority; Criteria; Content
§24D-1-9. Cable System Installation, Construction, Operation, Removal, General Provisions
§24D-1-10. Revocation, Alteration, or Suspension of Cable Franchise; Penalties
§24D-1-11. Renewal of Cable Franchise
§24D-1-12. Transfer of Cable Franchise
§24D-1-13. Rates; Filing With Public Service Commission; Approval
§24D-1-14. Requirement for Adequate Service; Terms and Conditions of Service
§24D-1-15. Procedures for Restoring Interrupted Service and Improving Substandard Service
§24D-1-16. Credit or Refund for Interrupted Service
§24D-1-17. Office Operating Requirements; Office Hours
§24D-1-18. Notice to Subscribers Regarding Quality of Service
§24D-1-19. Recording of Subscriber Complaints
§24D-1-20. Franchise Document Clearinghouse
§24D-1-21. Rights of Individuals
§24D-1-22. Complaints; Violations; Penalties
§24D-1-23. Other Duties of Commission; Suit to Enforce Chapter
§24D-1-25. Annual Fees; Effect of Application and Filing Fees on Franchise Fees
§24D-1-26. Cable Television Industry Not Regulated as a Utility