A. A municipality that provides a cable television service shall comply withall terms and provisions of the Cable Communications Policy Act of 1984 (47U.S.C. § 521 et seq.) and the regulations issued by the FederalCommunications Commission under such Act that would be applicable to asimilarly situated private provider of cable television services.
B. A municipality may not cross subsidize its cable television services with:
1. Tax dollars;
2. Income from other municipal or utility services;
3. Below-market rate loans from the municipality; or
4. Any other means.
C. A municipality shall not make or grant any undue or unreasonablepreference or advantage to itself or to any private provider of cabletelevision services.
D. A municipality shall apply, without discrimination as to itself and to anyprivate provider, the municipality's ordinances, rules, and policies,including those relating to (i) obligation to serve; (ii) access to publicrights of way and municipal utility poles and conduits; (iii) permitting;(iv) performance bonding; (v) reporting; and (vi) quality of service.
E. In calculating the rates charged by a municipality for a cable televisionservice:
1. The municipality shall include within its rates an amount equal to alltaxes, fees, and other assessments that would be applicable to a similarlysituated private provider of the same services, including federal, state, andlocal taxes; franchise fees; permit fees; pole attachment fees; and anysimilar fees; and
2. The municipality shall not price any cable television service at a levelthat is less than the sum of: (i) the actual direct costs of providing theservice; (ii) the actual indirect costs of providing the service; and (iii)the amount determined under subdivision E 1.
F. A municipality that provides cable television services shall comply withthe provisions of Title 47 of the Code of Federal Regulations regarding rateand service changes.
G. A municipality shall offer to provide or provide cable television servicesto only those subscriber locations within either (i) the municipality'selectric utility service area as it existed on January 1, 2003, or (ii) thearea, as of January 1, 2003, in which the municipality was providing localexchange service or Internet service over telecommunications facilities ownedby the municipality, provided that a cable television franchise from anyjurisdiction other than the municipality authorized herein shall be requiredfor any service outside the municipality's boundaries.
H. A municipality shall keep accurate books and records of the municipality'scable television services. A municipality shall conduct an annual audit ofits books and records associated with the municipality's cable televisionservices, such audit to be performed by an independent auditor approved bythe Auditor of Public Accounts. Such audit shall include such criteria as theAuditor of Public Accounts deems appropriate and be filed with him, withcopies to be submitted to each private provider that holds a franchise tooffer service within the municipality. If, after review of such audit, theCommonwealth's Auditor of Public Accounts determines that there areviolations of this article, he shall provide public notice of same.
I. Notwithstanding any other provision of law, the Auditor of Public Accountsshall not disclose those portions of any comprehensive business plan thatreveal marketing strategies of a municipal cable television service except asnecessary to perform his duties and such information shall be otherwiseexempt from public disclosure and not subject to the provisions of theVirginia Freedom of Information Act (§ 2.2-3700 et seq.).
A. A municipality that provides a cable television service shall comply withall terms and provisions of the Cable Communications Policy Act of 1984 (47U.S.C. § 521 et seq.) and the regulations issued by the FederalCommunications Commission under such Act that would be applicable to asimilarly situated private provider of cable television services.
B. A municipality may not cross subsidize its cable television services with:
1. Tax dollars;
2. Income from other municipal or utility services;
3. Below-market rate loans from the municipality; or
4. Any other means.
C. A municipality shall not make or grant any undue or unreasonablepreference or advantage to itself or to any private provider of cabletelevision services.
D. A municipality shall apply, without discrimination as to itself and to anyprivate provider, the municipality's ordinances, rules, and policies,including those relating to (i) obligation to serve; (ii) access to publicrights of way and municipal utility poles and conduits; (iii) permitting;(iv) performance bonding; (v) reporting; and (vi) quality of service.
E. In calculating the rates charged by a municipality for a cable televisionservice:
1. The municipality shall include within its rates an amount equal to alltaxes, fees, and other assessments that would be applicable to a similarlysituated private provider of the same services, including federal, state, andlocal taxes; franchise fees; permit fees; pole attachment fees; and anysimilar fees; and
2. The municipality shall not price any cable television service at a levelthat is less than the sum of: (i) the actual direct costs of providing theservice; (ii) the actual indirect costs of providing the service; and (iii)the amount determined under subdivision E 1.
F. A municipality that provides cable television services shall comply withthe provisions of Title 47 of the Code of Federal Regulations regarding rateand service changes.
G. A municipality shall offer to provide or provide cable television servicesto only those subscriber locations within either (i) the municipality'selectric utility service area as it existed on January 1, 2003, or (ii) thearea, as of January 1, 2003, in which the municipality was providing localexchange service or Internet service over telecommunications facilities ownedby the municipality, provided that a cable television franchise from anyjurisdiction other than the municipality authorized herein shall be requiredfor any service outside the municipality's boundaries.
H. A municipality shall keep accurate books and records of the municipality'scable television services. A municipality shall conduct an annual audit ofits books and records associated with the municipality's cable televisionservices, such audit to be performed by an independent auditor approved bythe Auditor of Public Accounts. Such audit shall include such criteria as theAuditor of Public Accounts deems appropriate and be filed with him, withcopies to be submitted to each private provider that holds a franchise tooffer service within the municipality. If, after review of such audit, theCommonwealth's Auditor of Public Accounts determines that there areviolations of this article, he shall provide public notice of same.
I. Notwithstanding any other provision of law, the Auditor of Public Accountsshall not disclose those portions of any comprehensive business plan thatreveal marketing strategies of a municipal cable television service except asnecessary to perform his duties and such information shall be otherwiseexempt from public disclosure and not subject to the provisions of theVirginia Freedom of Information Act (§ 2.2-3700 et seq.).
A. A municipality that provides a cable television service shall comply withall terms and provisions of the Cable Communications Policy Act of 1984 (47U.S.C. § 521 et seq.) and the regulations issued by the FederalCommunications Commission under such Act that would be applicable to asimilarly situated private provider of cable television services.
B. A municipality may not cross subsidize its cable television services with:
1. Tax dollars;
2. Income from other municipal or utility services;
3. Below-market rate loans from the municipality; or
4. Any other means.
C. A municipality shall not make or grant any undue or unreasonablepreference or advantage to itself or to any private provider of cabletelevision services.
D. A municipality shall apply, without discrimination as to itself and to anyprivate provider, the municipality's ordinances, rules, and policies,including those relating to (i) obligation to serve; (ii) access to publicrights of way and municipal utility poles and conduits; (iii) permitting;(iv) performance bonding; (v) reporting; and (vi) quality of service.
E. In calculating the rates charged by a municipality for a cable televisionservice:
1. The municipality shall include within its rates an amount equal to alltaxes, fees, and other assessments that would be applicable to a similarlysituated private provider of the same services, including federal, state, andlocal taxes; franchise fees; permit fees; pole attachment fees; and anysimilar fees; and
2. The municipality shall not price any cable television service at a levelthat is less than the sum of: (i) the actual direct costs of providing theservice; (ii) the actual indirect costs of providing the service; and (iii)the amount determined under subdivision E 1.
F. A municipality that provides cable television services shall comply withthe provisions of Title 47 of the Code of Federal Regulations regarding rateand service changes.
G. A municipality shall offer to provide or provide cable television servicesto only those subscriber locations within either (i) the municipality'selectric utility service area as it existed on January 1, 2003, or (ii) thearea, as of January 1, 2003, in which the municipality was providing localexchange service or Internet service over telecommunications facilities ownedby the municipality, provided that a cable television franchise from anyjurisdiction other than the municipality authorized herein shall be requiredfor any service outside the municipality's boundaries.
H. A municipality shall keep accurate books and records of the municipality'scable television services. A municipality shall conduct an annual audit ofits books and records associated with the municipality's cable televisionservices, such audit to be performed by an independent auditor approved bythe Auditor of Public Accounts. Such audit shall include such criteria as theAuditor of Public Accounts deems appropriate and be filed with him, withcopies to be submitted to each private provider that holds a franchise tooffer service within the municipality. If, after review of such audit, theCommonwealth's Auditor of Public Accounts determines that there areviolations of this article, he shall provide public notice of same.
I. Notwithstanding any other provision of law, the Auditor of Public Accountsshall not disclose those portions of any comprehensive business plan thatreveal marketing strategies of a municipal cable television service except asnecessary to perform his duties and such information shall be otherwiseexempt from public disclosure and not subject to the provisions of theVirginia Freedom of Information Act (§ 2.2-3700 et seq.).
