Substitute House Bill No. 5605
          Substitute House Bill No. 5605

              PUBLIC ACT NO. 98-121


AN  ACT  CONCERNING  COMMUNITY  ANTENNA TELEVISION
COMPANIES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  16-32a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The   Department  of  Public  Utility  Control
shall  by  regulation   require   public   service
companies  to file statements of their procurement
policies  and  practices  WHENEVER  THERE   IS   A
MATERIAL  CHANGE  TO  SUCH  POLICIES OR PRACTICES.
Where,   after   investigation,   the   department
determines  that  competitive bidding seems likely
to  reduce  procurement  costs  without  impairing
quality, continuity or dependability of service or
the  ability  to  respond  to   emergencies,   the
department  may,  after notice and public hearing,
establish such regulations as it  deems  necessary
to  provide for competitive bidding in appropriate
cases, but only  if  the  contract  price  exceeds
fifty thousand dollars in each such case.
    Sec.  2.  Subdivision (1) of subsection (c) of
section 16-331 of the general statutes is repealed
and the following is substituted in lieu thereof:
    (c)  (1)  [An  officer]  A REPRESENTATIVE of a
community  antenna  television  company  issued  a
certificate of public convenience and necessity in
accordance with this section shall, twice a  year,
arrange  for  and hold a meeting with the advisory
council   established,    in    accordance    with
regulations   adopted   by   the   department   in
accordance with chapter 54, for the franchise area
served by such company.
    Sec.  3.  Subdivision (6) of subsection (d) of
section 16-331 of the general statutes is repealed
and the following is substituted in lieu thereof:
    (6) Any community  antenna  television company
which applies to the department for the renewal of
a franchise shall:  (A)  Make available for public
inspection a copy  of  the  company's proposal for
renewal at the  town hall, each public library and
the primary senior  center,  as  determined by the
[franchise's  advisory  council,   within]   CHIEF
EXECUTIVE OFFICIAL OF  each  municipality  of  its
franchise  area  and   at  the  company's  primary
customer  service  center   and  community  access
facility, and (B)  notify  each  subscriber of any
public  hearing for  a  franchise  renewal,  which
notices shall be  mailed  BY  FIRST  CLASS MAIL to
each subscriber not  less  than  fourteen  days in
advance of any  public  hearing and shall state in
plain language the  time, place, date, address and
subject matter of  the  hearing,  and  in boldface
print shall state  that  public  participation  is
encouraged.   The  notice   shall   also   provide
information  concerning the  locations  where  the
company's proposal for  renewal  may  be reviewed,
and shall not  contain any billing, promotional or
extraneous information.
    Sec.   4.   Section  16-331a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a) As used  in  this  section,  "multichannel
video    programming    distributor"    means    a
multichannel  video  programming  distributor,  as
defined in 47  CFR  76.1300,  as from time to time
amended,  and  includes   an  owner  of  [a  video
dialtone platform, as  defined  in order 94-269 of
the  Federal Communications  Commission]  AN  OPEN
VIDEO SYSTEM, AS  DEFINED  IN  47  CFR 76.1500, AS
FROM TIME TO TIME AMENDED.
    (b)  Each  company  or  organization  selected
pursuant to subsection (c)  of  this  section,  in
consultation   with   the   franchise's   advisory
council, shall provide facilities, equipment,  and
technical  and  managerial  support  to enable the
production   of   meaningful   community    access
programming   within   its  franchise  area.  EACH
COMPANY SHALL INCLUDE  ALL  ITS  COMMUNITY  ACCESS
CHANNELS   IN  ITS  BASIC  SERVICE  PACKAGE.  Each
company or organization shall annually review  its
rules,   regulations,   policies   and  procedures
governing  the  provision  of   community   access
programming.  Such  review  shall include a period
for  public  comment,   a   public   meeting   and
consultation   with   the   franchise's   advisory
council.
    (c)    If    a    community-based    nonprofit
organization in a franchise area desires to assume
responsibility for community access operations, it
shall, upon timely petition to the department,  be
granted   intervenor   status   in   a   franchise
proceeding held  pursuant  to  this  section.  The
department shall assign this responsibility to the
most    qualified    community-based     nonprofit
organization or the company based on the following
criteria: (1) The recommendations of the  advisory
council and of the municipalities in the franchise
area; (2) a review of the  organization's  or  the
company's   performance   in  providing  community
access  programming;  (3)   the   operating   plan
submitted  by the organization and the company for
providing community access  programming;  (4)  the
experience  in community access programming of the
organization;  (5)  the  organization's  and   the
company's  proposed budget, including expenses for
salaries,  consultants,   attorneys,   and   other
professionals; (6) the quality and quantity of the
programming to be created, promoted or facilitated
by  the  organization or the company; (7) a review
of  the  organization's   procedures   to   ensure
compliance  with  federal and state law, including
the regulations of Connecticut state agencies; and
(8)  any  other criteria determined to be relevant
by the department. If the  department  selects  an
organization    to    provide   community   access
operations, the company  shall  provide  financial
and  technical  support  to the organization in an
amount to be  determined  by  the  department.  On
petition  of the Office of Consumer Counsel or the
franchise's advisory council or on its own motion,
the  department shall hold a hearing, with notice,
on the ability of the organization to continue its
responsibility for community access operations. In
its  decision  following  such  a   hearing,   the
department  may  reassign  the  responsibility for
community    access    operations    to    another
organization or the company in accordance with the
provisions of this subsection.
    (d)   Each   company   or  organization  shall
conduct  outreach   programs   and   promote   its
community   access  services.  Such  outreach  and
promotion may include, but not be limited  to  (1)
broadcasting  cross-channel  video  announcements,
(2)  distributing   information   throughout   the
franchise  area and not solely to its subscribers,
(3) including community access information in  its
regular  marketing  publications, (4) broadcasting
character-generated   text   messages   or   video
announcements  on  barker  or access channels, (5)
making speaking engagements, and (6) holding  open
receptions at its community access facilities.
    (e)  Each  company or organization shall adopt
for its community access programming a  scheduling
policy  which  encourages  programming  diversity.
Said scheduling policy shall include (1)  limiting
a   program,   except   instructional  access  and
governmental access programming, to thirteen weeks
in  any  one  time slot when a producer of another
program  requests  the   same   time   slot,   (2)
procedures   for   resolving   program  scheduling
conflicts,  and  (3)  other  measures  which   the
company   or  organization  deems  appropriate.  A
company   or   organization   may   consider   the
availability  of a substantially similar time slot
when   making   community    access    programming
scheduling decisions.
    (f)  In  the  case of any initial, transfer or
renewal franchise  proceeding  held  on  or  after
October  1,  1990,  the department may, on its own
initiative, in the first six months of the second,
fifth,  [and]  eighth  AND  ELEVENTH  years of the
franchise term, review and evaluate the  company's
or   the  organization's  provision  of  community
access programming. The department  shall  conduct
such  review  or evaluation in any such proceeding
held on or after October 1, 1990, if the  Consumer
Counsel  or  any  interested  party  petitions the
department for such a review during the first  six
months  of the review year. During any such review
year,  if  an  organization  desires  to   provide
community  access operations it shall petition the
department and the  department  shall  follow  the
procedures  and  standards described in subsection
(c) of this  section  in  determining  whether  to
assign  to  the organization the responsibility to
provide  such  operations.  No  community   access
programming produced using the facilities or staff
of an organization or company providing  community
access operations shall be utilized for commercial
purposes without express prior  written  agreement
between  the  producer of such programming and the
organization or company providing community access
operations  the  facilities or staff of which were
used in the production of the programming. Such an
agreement   may  include,  without  limitation,  a
provision regarding the producer and  the  company
or  organization  sharing any profit realized from
such  programming  so  utilized.  An  organization
providing   community   access   operations  shall
consult with the company  in  the  franchise  area
prior to making such an agreement.
    (g)   No  organization  or  company  providing
community   access   operations   shall   exercise
editorial control over such programming, except as
to programming  that  is  obscene  and  except  as
otherwise  allowed by applicable state and federal
law. This subsection shall  not  be  construed  to
prohibit   such   organization   or  company  from
limiting the hours during which adult programs may
be aired. Such organization or company may consult
with the  advisory  council  in  determining  what
constitutes  an adult program for purposes of this
subsection.
    (h)   Upon   the  request  of  the  Office  of
Consumer  Counsel  or  the  franchise's   advisory
council,  and  for good cause shown the department
shall  require  an  organization  responsible  for
community access operations to have an independent
audit   conducted   at   the   expense   of    the
organization.
    (i) Each company  and  nonprofit  organization
providing community access operations shall report
annually to the  department  on or before February
fifteenth. [Such report shall include expenditures
on community access  programming; outreach efforts
to involve the  community in such programming; the
involvement of the franchise's advisory council in
such programming; the  proposed and actual budgets
for the preceding  year;  the  proposed budget for
the  upcoming  year;   the   number   of  channels
available for community access purposes during the
preceding year, their  channel  designations,  and
other  uses;  a   list   of  studio  and  portable
equipment available during the preceding year, its
age and condition;  a  list of equipment purchased
during the preceding  year,  its intended use, and
the basic specifications for each item; records of
any repair and  maintenance  of  the  equipment; a
list  of  training   workshops   held  during  the
preceding year, a  description  of  the  workshops
including dates, times,  locations,  and number of
users attending each  workshop; cablecast logs for
community access channels,  including  the program
and  the  producer's   name,   date  and  time  of
cablecast; studio and portable equipment use logs,
including user name,  dates of use, purpose of use
and  name  of   resulting   program;   records  of
donations  to  the   community   access  provider,
including moneys collected  through  the check-off
provision  on subscriber  bills;  records  of  all
promotions undertaken regarding  community access,
including  print  advertisements,  public  service
announcements  and full-length  programs  produced
and cablecast on  cable  channels;  public service
announcements broadcast on  radio  stations;  bill
inserts or brochures  mailed  to subscribers and a
list  of  speaking   engagements   undertaken   by
community access personnel, and such other matters
as  may be  determined  by  the  department.]  THE
DEPARTMENT SHALL ADOPT  REGULATIONS, IN ACCORDANCE
WITH THE PROVISIONS  OF CHAPTER 54, TO SPECIFY THE
INFORMATION  WHICH  SHALL   BE  REQUIRED  IN  SUCH
REPORT. SUCH INFORMATION  SHALL  BE  NECESSARY FOR
THE DEPARTMENT TO CARRY OUT THE PROVISIONS OF THIS
SECTION.
    (j)  The advisory  council  shall  review  all
community  access  programming  of  a  company  or
organization  within  the   franchise  area  which
programming has been the subject of a complaint.
    (k)  The department shall establish the amount
that the company or organization  responsible  for
community access operations shall receive for such
operations from subscribers and from  multichannel
video  programming  distributors. The amount shall
be five dollars per subscriber per year,  adjusted
annually  by  a percentage reflecting the increase
or decrease of the consumer price  index  for  the
preceding  calendar  year, provided the department
may increase or decrease the amount  by  not  more
than  forty  per  cent  of  said  amount  for  the
subscribers and all multichannel video programming
distributors   within   a   franchise  area  after
considering  (1)  the  criteria   set   forth   in
subsection  (c)  of this section, (2) the level of
public interest in community access operations  in
the  franchise  area,  (3)  the level of community
need for educational access programming,  (4)  the
level  and  breadth  of participation in community
access operations, (5) the  adequacy  of  existing
facilities,  equipment  and  training  programs to
meet the current and future needs of the franchise
area,  and  (6) any other factors determined to be
relevant by the department. Prior to increasing or
decreasing  said amount, the department shall give
notice  and  opportunity  for  a  hearing  to  the
company    or   multichannel   video   programming
distributor    and,    where    applicable,    the
organization   responsible  for  community  access
programming. The amount  shall  be  assessed  once
each  year for each end user premises connected to
[a video dialtone network  or  platform]  AN  OPEN
VIDEO   SYSTEM,  irrespective  of  the  number  of
multichannel   video   programming    distributors
providing  programming  over  the  [video dialtone
network] OPEN VIDEO SYSTEM.  When  the  department
issues,  transfers  or  renews  a  certificate  of
public convenience  and  necessity  to  operate  a
community    antenna    television   system,   the
department  shall   include   in   the   franchise
agreement   the   amount   that   the  company  or
organization  responsible  for  community   access
operations  shall receive for such operations from
subscribers.  The  department  shall   conduct   a
proceeding   to  establish  the  amount  that  the
company or organization responsible for  community
access   operations   shall   receive   for   such
operations  from  multichannel  video  programming
distributors  and  the  method  of payment of said
amount. The department shall adopt regulations  in
accordance   with  chapter  54  to  implement  the
provisions of this subsection.
    (l)  An  organization  assigned responsibility
for community access operations which organization
ceases  to  provide such operations shall transfer
its assets to the successor organization  assigned
such    responsibility   or,   if   no   successor
organization is assigned such  responsibility,  to
another    nonprofit   organization   within   the
franchise area selected by the department.
    (m)   On  petition  or  its  own  motion,  the
department shall  determine  whether  a  franchise
area  is  subject  to  effective  competition,  as
defined in 47  USC  543,  as  from  time  to  time
amended.  Upon  a  determination  that a franchise
area is  subject  to  effective  competition,  the
provisions   of   this   section  shall  apply  to
multichannel   video   programming    distributors
operating  in  the  franchise  area,  provided (1)
where multichannel video programming  distributors
provide  programming over a single [video dialtone
network  or  platform]  OPEN  VIDEO  SYSTEM,   the
provisions of this section shall apply jointly and
not separately to all such distributors  providing
programming  on  the same [video dialtone network]
OPEN VIDEO  SYSTEM,  and  (2)  the  provisions  of
subsection  (k)  of  this  section  shall apply to
multichannel   video   programming    distributors
whether  or  not  such  distributors  operate in a
franchise   area   subject   to   such   effective
competition.
    (n) NO COMMUNITY ANTENNA TELEVISION COMPANY OR
NONPROFIT ORGANIZATION PROVIDING  COMMUNITY ACCESS
OPERATIONS SHALL REFUSE  TO  ENGAGE  IN GOOD FAITH
NEGOTIATION  REGARDING  INTERCONNECTION   OF  SUCH
OPERATIONS WITH OTHER COMMUNITY ANTENNA TELEVISION
COMPANIES SERVING THE  SAME  AREA.  NO  SCHOOL  OR
FACILITY OWNED OR LEASED BY A MUNICIPAL GOVERNMENT
THAT   POSSESSES   COMMUNITY   ACCESS   OPERATIONS
EQUIPMENT SHALL UNREASONABLY  DENY INTERCONNECTION
WITH OR THE  USE  OF  SUCH  EQUIPMENT  TO ANY SUCH
COMPANY OR NONPROFIT  ORGANIZATION. AT THE REQUEST
OF  SUCH  A   COMPANY  OR  NONPROFIT  ORGANIZATION
PROVIDING   COMMUNITY   ACCESS   OPERATIONS,   THE
DEPARTMENT MAY FACILITATE  THE NEGOTIATION BETWEEN
SUCH  COMPANY  OR   ORGANIZATION   AND  ANY  OTHER
COMMUNITY  ANTENNA  TELEVISION  COMPANY  REGARDING
INTERCONNECTION OF COMMUNITY ACCESS OPERATIONS.
    Sec.  5.  Subsection  (g) of section 16-333 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (g)   The  standards  and  procedures  adopted
pursuant  to  this  section,  subsection  (d)   of
section   16-331,   [subsection   (b)  of  section
16-333d,]  section  16-333f,  subsection  (a)   of
section  16-333i  and sections 16-333k to 16-333m,
inclusive,  AS  AMENDED  BY  THIS  ACT,  shall  be
minimum  standards  of  performance  for community
antenna television companies and the Department of
Public  Utility  Control  may adopt regulations in
accordance with  chapter  54  establishing  higher
standards of performance.
    Sec.   6.   Section  16-333c  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [(a)  No  person,  association  or corporation
which  owns  or  operates  a   community   antenna
television  system in the state shall, as part of,
or in  connection  with,  its  operation  of  such
system, sell, lease or repair receiving equipment,
as defined in  section  20-342,  except  community
antenna    receiving    equipment   and   directly
associated equipment other than  television  sets,
in the state.
    (b)]   Each   community   antenna   television
company shall make available at cost, by a rental,
sales  or  instalment  sales  agreement,  to  each
subscriber  who  is  deaf  or  hearing   impaired,
equipment   which   receives  and  decodes  closed
captions which are simultaneously  broadcast  with
video signals carried by the company.
    Sec.   7.   Section  16-333d  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [(a)  The Department of Public Utility Control
shall give final approval or disapproval, in whole
or in part, to an interim rate increase granted to
a community antenna television company subject  to
rate regulation not later than the expiration date
of  the  period  of  (1)  sixty  days  after   the
effective date of an interim rate increase granted
in accordance with the  provisions  of  subsection
(d)  of  section  16-19,  or (2) one hundred fifty
days, or one hundred eighty days if the period  is
extended  by  the  department, after the filing of
such company's rate application in accordance with
the  provisions  of subsection (a) of said section
16-19, whichever is earlier.
    (b)  Each community antenna television company
shall notify the department and each subscriber of
any  planned  increase in premium or basic service
rates not less than  forty-five  days  before  the
increase becomes effective.
    (c)]   The   department   may   prohibit   any
community   antenna   television   company    from
unreasonably  discriminating  among subscribers of
community antenna television service.
    Sec.   8.   Section  16-333e  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a) As used in this section:
    (1)  "Basic  service"  means  all  signals  of
domestic television broadcast stations provided to
any   subscriber,   except  a  signal  secondarily
transmitted by satellite carrier beyond the  local
service  area  of  such station, regardless of how
such signal is ultimately received  by  the  cable
system,  any public, educational, and governmental
programming  [required  by  the  franchise  to  be
carried  on  the  basic  tier]  and any additional
video programming signals or service added to  the
basic tier by the cable operator;
    (2)  "Cable  programming  service"  means  any
video programming provided over  a  cable  system,
regardless of service tier, including installation
or rental of equipment used  for  the  receipt  of
such  video  programming,  other  than  (A)  video
programming carried on the basic service  tier  as
defined  in  this  section,  (B) video programming
offered on a  pay-per-channel  or  pay-per-program
basis,  or  (C) a combination of multiple channels
of  pay-per-channel   or   pay-per-program   video
programming    offered   on   a   multiplexed   or
time-shifted basis so long as the combined service
(i)    consists   of   commonly-identified   video
programming, and (ii)  is  not  bundled  with  any
regulated tier of service;
    (3)  "Premium  service"  means pay-per-channel
or pay-per-program services for which a subscriber
pays  a  fee  in  addition  to  the fees for basic
service and cable programming service; and
    (4)   "Video  programming"  means  programming
provided by, or generally considered comparable to
programming  provided  by,  a television broadcast
station.
    (b)  If  premium,  cable  programming or basic
service to a subscriber is  interrupted  for  more
than twenty-four continuous hours, such subscriber
shall  receive  a  credit  or  refund   from   the
community  antenna television company in an amount
that represents the proportionate  share  of  such
service not received in a billing period, provided
such interruption is not caused by the subscriber.
    (c) The Department  of  Public Utility Control
[, not later  than  January  1, 1985,] shall adopt
regulations in accordance  with  the provisions of
chapter   54,   establishing    a   viewing   time
reliability   standard   for   community   antenna
television companies and  requiring such companies
to  file  with   the   department  information  on
premium,  cable  programming   and  basic  service
interruptions  not  caused   by  subscribers.  The
department shall approve  a  service  interruption
adjustment  clause  to   be  superimposed  on  the
existing rate schedules  of such companies. Such a
clause shall provide for a credit or refund from a
company to its subscribers if the level of service
during  a  month   falls   below   the   company's
reliability  standard  due   to  interruptions  of
twenty-four hours or less.
    [(d) Each community antenna television company
shall submit an annual report to the Department of
Public Utility Control setting forth the number of
customers  of  the  company  who  subscribe  to  a
premium service which  is  made available directly
or indirectly by  the company to its customers and
the amount of revenues derived by the company from
such premium service.]
    Sec.  9.  Subsection (a) of section 16-333f of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) Each community  antenna television company
shall  inform the  Department  of  Public  Utility
Control, each subscriber,  the chairpersons of the
joint  standing committee  on  energy  and  public
utilities and the  chairperson  of  the  company's
advisory council of  any  planned  programming  or
rate changes not  less  than  [sixty]  THIRTY days
unless otherwise required  by federal law prior to
implementing such changes  unless (1) such changes
are required by  law  to  be  made  in  less  than
[sixty]  THIRTY  days   or   (2)   the  department
prescribes a longer  or  shorter  notice period in
appropriate  circumstances where  such  longer  or
shorter notice period  is  in the best interest of
the company's subscribers.  The company's advisory
council  may  hold   an  advisory  public  hearing
concerning the planned changes and may then make a
recommendation to the company prior to the planned
implementation date. The  department  shall  adopt
regulations in accordance with chapter 54 to carry
out the purposes of this subsection.
    Sec.   10.  Section  16-333h  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)    Each   community   antenna   television
company, as defined in section  16-1,  shall,  not
later than the date it extends energized trunk and
feeder to all areas within its franchise territory
in   which   there   are   at   least  twenty-five
prospective subscribers per aerial plant  mile  of
extension  and  fifty  prospective subscribers per
underground plant mile of extension,  extend  such
trunk  and feeder to public and private elementary
and secondary schools in such franchise areas  and
offer one instructional television channel as part
of  its  basic  service.  Each  such  company  may
utilize  such instructional television channel for
noninstructional television programming during any
time   when   the   channel   is  not  needed  for
instructional programming. No such  company  shall
be  required to offer the instructional television
channel on or after July 1, 1995, unless the joint
committee  on  educational technology, established
under section 10-4e, certifies to  the  Department
of   Public   Utility   Control  that  educational
agencies in  the  company's  franchise  area  have
utilized  the  instructional television channel to
provide, during the school year, an average of not
less  than  twenty  hours  per  week of credit and
noncredit instructional  programming,  programming
supporting  school  curricula  and programming for
professional development.
    (b)   The   joint   committee  on  educational
technology   shall   be   responsible   for    the
utilization  of  instructional television channels
provided in whole or in part by community  antenna
television companies.
    [(c)   Each   community   antenna   television
company shall, on or before September 1, 1992, and
September  first  annually thereafter, notify each
superintendent of schools and the chief  executive
officer  of each public and private institution of
higher education within its franchise area of  the
availability  of  the  company's instructional and
public access channels. Such notice shall  contain
a  telephone number whereby such superintendent or
chief  executive  officer  may  obtain  additional
information   concerning   the  instructional  and
public access channels.]
    Sec.  11.  Subsections  (b) and (c) of section
16-333l of the general statutes are  repealed  and
the following is substituted in lieu thereof:
    (b)  Each  such  company  shall  provide  each
subscriber with a  description  of  the  company's
billing  practices at  the  time  of  the  initial
subscription  and at  least  annually  thereafter.
Such description shall  include billing period and
frequency,  security  deposit  requirements,  late
payment charges, returned  check  charges, credits
for   service   outages,    pay-per-view   billing
procedures, charges and billing procedures for the
use  of addressable  converters,  traps  or  other
devices or services  which  enable  subscribers to
voluntarily   block   transmission   of   specific
programming to their  homes  or places of business
and such other  items  as the Department of Public
Utility Control may  require.  Each  company shall
file a copy  of  its  billing  practices  with the
department and shall give notice to the department
and each subscriber  not less than forty-five days
prior  to  implementing   any   changes   in  such
practices.  Every  bill   to   subscribers   of  a
community antenna television service shall contain
(1) the date  on which any individually chargeable
service  is rendered,  (2)  each  rate  or  charge
levied, (3) the amount due for the current billing
period separate from  any  prior  balance due, (4)
the specific date  by  which  payment  is due, (5)
such other items  as  the  department may require,
(6) the company's telephone numbers, including any
toll-free numbers, (7)  the  Department  of Public
Utility  Control's consumer  assistance  telephone
number  and  (8)   the   mailing  address  of  the
company's  advisory council.  Each  company  shall
provide each subscriber, quarterly, with a summary
of  the  procedures   for   resolving   subscriber
complaints and for  providing refund or credit for
service   interruptions,   pursuant   to   section
16-333e, and a notice indicating that, pursuant to
subsection (b) of  section 16-333i, the company is
required to restore  interrupted service not later
than twenty-four hours  after  being notified by a
subscriber that service has been interrupted. Each
bill insert or  letter  to subscribers, other than
promotional material, shall  contain the company's
telephone numbers, including any toll-free numbers
or any other  free  calling option, as approved by
the  department  and   the  Department  of  Public
Utility  Control's consumer  assistance  telephone
number. [Each company shall publish quarterly in a
newspaper,  having a  general  circulation  within
each  municipality  in  the  franchise  area,  the
mailing address of the company's advisory council,
the  names of  the  company's  advisory  council's
members, a list  of  any vacancies on the advisory
council and a  schedule  of the advisory council's
meeting  for  the   next  quarter]  EACH  ADVISORY
COUNCIL, IN CONJUNCTION  WITH  THE  COMPANY, SHALL
NOTIFY SUBSCRIBERS OF  THE  TIME  AND PLACE OF ANY
UPCOMING   ADVISORY  COUNCIL   MEETING,   OF   ANY
VACANCIES THAT MAY  EXIST  ON THE ADVISORY COUNCIL
AND OF THE  NAME  OF  THE  COUNCIL CHAIRPERSON AND
ADDRESS OF THE  ADVISORY COUNCIL. THE NOTIFICATION
MAY  BE  PROVIDED   VIA   THE   COMMUNITY  ANTENNA
TELEVISION SYSTEM AT  A  SUFFICIENT FREQUENCY THAT
SUBSCRIBERS MAY REASONABLY  BE  EXPECTED TO BECOME
AWARE  OF  THE  MEETING  OR  BY  PUBLISHING  ON  A
QUARTERLY BASIS THE  INFORMATION  IN  A  NEWSPAPER
HAVING    GENERAL    CIRCULATION    WITHIN    EACH
MUNICIPALITY IN THE FRANCHISE AREA.
    (c) No community  antenna  television  company
shall issue a bill which contains a statement that
payment is due  upon receipt. The payment due date
of any subscriber's  bill shall be no earlier than
twenty-five days after  the  issue  date  of  such
bill. No community antenna television subscriber's
account shall be  considered  delinquent  until at
least  twenty-five  days  have  elapsed  from  the
billing date contained  in  the subscriber's bill.
No community antenna television company may impose
a late charge  or  terminate service on account of
nonpayment  of  a  delinquent  account  less  than
forty-five days from the original billing date. In
order  to [impose  a  late  charge  or]  terminate
service, a company shall first give notice of such
delinquency  and  impending   [late   charge   or]
termination at least  fifteen  days  prior  to the
imposition of the  proposed  late  charge  or  the
termination, by first  class mail addressed to the
subscriber. The fifteen-day  period shall commence
from the date  the  notice  is mailed, provided no
notice may be  mailed  until  at least thirty days
have elapsed from  the  billing  date contained in
the subscriber's bill.  No such company may impose
a late charge  greater  than  eight  per  cent per
annum of the  balance  due  or  any  such  rate as
determined by the  department.  Any returned check
charge imposed by such company shall be reasonably
related to the company's actual cost of processing
returned checks.
    Sec.   12.  Section  16-333m  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [(a)   Each   community   antenna   television
company shall  notify  the  Department  of  Public
Utility Control and each subscriber of any planned
increase in any charge imposed by the company  for
installation  or upgrade of service, reconnection,
additional  outlets,  service  visits,   equipment
rental,  purchase  and  replacement,  or any other
service-related charge not  less  than  forty-five
days before the increase becomes effective.
    (b)]  No  charge  may  be  imposed by any such
company in any case where a subscriber requests  a
total  disconnection  [or a downgrade] of service.
NO CHARGE THAT EXCEEDS THE COST TO THE COMPANY MAY
BE  IMPOSED  BY  ANY  SUCH  COMPANY IN ANY CASE IN
WHICH  THE  SUBSCRIBER  REQUESTS  A  DOWNGRADE  OF
SERVICE.  The  subscriber,  after  the date of his
request for disconnection or downgrade, shall  not
be  required to pay for any service in the case of
a  total  disconnection  or  any  service   option
requested  to be eliminated, unless the subscriber
prevents the company  from  disconnecting  service
within a reasonable time.
    Sec.   13.  Section  16-333n  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    If  a community antenna television company, as
defined in section 16-1, reduces  the  programming
selection  of  a basic or premium service package,
without providing  notice  to  the  Department  of
Public  Utility  Control, as required in [sections
16-333d and] SECTION 16-333f, AS AMENDED  BY  THIS
ACT,  it shall provide customers with a credit for
failing to provide the cable  programming  package
or  selection  as advertised or represented to the
customer. Such credit shall be equal  to  the  pro
rata  cost  to  the  subscriber of the programming
removed from the basic or premium package and  the
amount  of  such  credit shall be submitted to and
approved  by  the  Department  of  Public  Utility
Control  and shall continue until such time as the
company    complies    with    statutory    notice
requirements.
    Sec.   14.  Section  16-333j  of  the  general
statutes is repealed.

Approved May 27, 1998