NO. 146. AN ACT RELATING TO CABLE TELEVISION TARIFF REQUIREMENTS.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 30 V.S.A. § 516 is added to read:
§ 516. MODIFICATION BY THE BOARD OF CABLE TELEVISION
(a) The board may modify, reduce, or suspend requirements under sections 225, 226, 227(a) and 229 of this title if it finds that provisions of federal law have the effect of substantially preventing the board from exercising its authority under those sections to investigate or determine if cable television rates are just and reasonable. In exercising its authority under this section, the board may adopt such terms and conditions as it finds reasonable and shall ensure that the remaining requirements under this title will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.
(b) When exercising its authority under this section, the board may act by rule or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of cable television service provider and may apply differently to each class.
(c) Upon petition of the department, the board shall, and upon its own initiative the board may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended, or reduced under this section. If the board finds, after notice and an opportunity for hearing, and after considering the factors identified in this section, that the public is not sufficiently protected, the board may reimpose any regulatory provisions that the board deems necessary. Pending any final order, the board may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. If the federal government allows states to regulate cable television rates, the board shall reimpose any regulatory provisions modified, reduced, or suspended pursuant to this section.
Approved: May 15, 2006
The Vermont General Assembly
115 State Street