Title 30 — Public Service
7 chapters · 136 sections in this title.
30 V.I.C. § 201 Establishment
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(a) The Commissioner of Education, the Chairman of the Board of Education, Director of the Office of Management and Budget, President of the University of the Virgin Islands or his designee, three members to be appointed by the President of the Legislature, and four other persons…
30 V.I.C. § 202 Board of Directors; General Manager
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(a) The powers of the System shall be exercised by a Board of Directors consisting of the members of the System designated under section 201 of this chapter. (b) Within thirty days after this chapter becomes effective, the Board shall meet, and organize. The Board shall elect a C…
30 V.I.C. § 203 Powers of the System
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(a) The System is established for the purpose of building and operating, consistent with the rules and regulations of the Federal Communications Commission relating to noncommercial television and radio, public television and radio stations in the Virgin Islands and any other ser…
30 V.I.C. § 204 Limitation on use of facility
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The facilities of, and programs transmitted by, the System shall not be used for biased or one-sided presentations of any partisan or political issue, or for advocating or opposing any present or prospective candidacy for public office, or for advocating or opposing any pending l…
30 V.I.C. § 205 Contributions to Employees Retirement System and Government Insurance Fund; unemployment compensation coverage
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(a) All officials and employees of the System shall be covered by and subject to the Employees Retirement System of the Virgin Islands and the Workers' Compensation Administration Act. The System shall contribute to the Retirement System of the Government of the Virgin Islands it…
30 V.I.C. § 206 Reports
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The System shall submit to the Legislature and to the Governor of the Virgin Islands, as soon as practicable after the close of each fiscal year of the Government of the Virgin Islands (1) a financial statement and complete report of the business of the System for the preceding f…
30 V.I.C. § 207 Exemption of System property from judicial process and taxes
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(a) All property of the System, including funds, are exempt from judicial process of every kind, including without limitation, attachment, levy, execution and sale by virtue of an execution, and no judgment may be lien or charge upon its property or funds; but this subsection doe…
30 V.I.C. § 208 Applicability of other laws
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Nothing in this chapter shall be construed as exempting the Virgin Islands Public Broadcasting System from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted b…
30 V.I.C. § 301 Short title
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This chapter may be cited as the “Cable Telecommunications Act of 1984”.
30 V.I.C. § 302 Declaration of findings and policy
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(a) The Legislature declares:(a) That after careful investigation it appears that the rates, services, and operations of cable television companies in the territory are subject to the public interest;(b) That it is the policy of this territory to provide fair regulation of cable …
30 V.I.C. § 303 Definitions
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(a) As used in this chapter, unless the context clearly indicates otherwise:(a) “Broadband telecommunications” means any receipt or transmission of electromagnetic signals, including broadcast and non-broadcast signals, cable service, and telecommunications service, over coaxial …
30 V.I.C. § 304 Duties and jurisdiction of Commission
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(a) The Commission shall supervise and regulate the cable service and rates of every cable television company or system operating within the territory, so far as may be necessary to carry out the purposes of this chapter, and to do all things, whether herein specifically designat…
30 V.I.C. § 305 Franchise for construction or operation of systems; non-exclusiveness
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No person shall construct or operate a cable television company or system within the territory, except as provided in this chapter. Any franchise authorized under this chapter shall be nonexclusive.
30 V.I.C. § 306 Operating cable systems
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Any cable television company which was lawfully engaged in actual operations of a cable television system serving at least 50 subscribers on January 1, 1984, may continue to operate, maintain and manage that cable system and to that end the Commission is hereby directed to issue …
30 V.I.C. § 307 Franchise requirements
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(a) The following conditions shall apply to any franchise granted:(a) The franchise term shall be for a period of fifteen (15) years.(b) Except for those operating cable systems to which section 306 of this chapter applies, the franchise shall be granted only after a performance …
30 V.I.C. § 308 Franchise applications
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No franchise, except in the case of an operating cable system upon filing of a sworn statement pursuant to section 306 of this chapter, or renewal thereof shall be issued except upon written application to the Commission. Such application shall contain such information as the Com…
30 V.I.C. § 309 Public hearing on franchise application
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No franchise, except for a franchise granted pursuant to section 306 of this chapter, or amendment thereto shall be granted pursuant to this chapter until the Commission has held a public hearing. The Commission shall cause notice of the time, date and place of such hearing, as w…
30 V.I.C. § 310 Conditions imposed on applicant
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(a) Before a franchise can be issued by the Commission, the applicant for a franchise must agree in writing to the following:(a) In installing, operating, and maintaining equipment, cable and wires, it shall avoid all unnecessary damage and injury to trees, structures, and improv…
30 V.I.C. § 311 Franchise fee
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(a) Each franchisee shall quarterly pay to the Virgin Islands Bureau of Internal Revenue a franchise fee equal to five percent (5%) of the franchisee's gross subscriber receipts for that quarter. (b) Any franchise fees under subsection (a) of this section not paid within fifteen …
30 V.I.C. § 312 Renewal and extension
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(a) In any case in which a cable television system franchisee submits an application to the Commission for the renewal or extension of its franchise authorization, the Commission may refuse to grant such renewal or other extension only in accordance with section 626(c)(1) of the …
30 V.I.C. § 313 Franchise transfers or assignments
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No franchise or control thereof shall be transferred or assigned without the prior written consent of the Commission. Such consent shall be given only after a hearing upon a written application therefor. The application for consent to a transfer or assignment shall be signed by t…
30 V.I.C. § 314 Revocation of franchise
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(a) Any franchise may, after hearing, be revoked by the Commission for any of the following reasons:(a) false or misleading statements in, or material omissions from, any applications or periodic statements submitted under this chapter;(b) failure to file and maintain a bond or i…
30 V.I.C. § 315 Rates
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(a) The rates charged by a cable television company shall be those specified in the franchise which may establish or provide for the establishment of reasonable classifications of service and categories of subscribers, or charge different rates for different services or for subsc…
30 V.I.C. § 316 Highways and rights-of-way
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(a) Upon obtaining the prior approval of the Commission, a cable television company may construct and maintain the wires, cables, and conduits necessary to its business upon, under or over any highway, and may erect and maintain the necessary fixtures, including poles and posts, …
30 V.I.C. § 317 Duties of owners and landlords
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No owner of any dwelling or private housing development or subdivision or his agent shall forbid or prevent any tenant or resident of such dwelling or private housing development or subdivision from receiving cable television service, nor demand or accept payment in any form as a…
30 V.I.C. § 318 Duties of cable television companies; prohibited activities
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(a) A cable television company shall provide safe, adequate and proper service, equipment and facilities for the operation of its cable television system. (b) A cable television company shall not demand or receive a greater compensation for providing cable television service than…
30 V.I.C. § 319 Censorship prohibited
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(a) The Commission may not prohibit or limit any program or any class or type of program or otherwise censor the communications or signals transmitted by any cable television company or over any cable television system, and may not promulgate any rule, regulation, or condition wh…
30 V.I.C. § 320 Exemption from liability for obscenity, defamation and invasion of privacy
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Neither the cable television company whose facilities are used to transmit a program produced by a person other than such cable television company pursuant to the provisions of this chapter or of federal law, or of applicable regulations, nor the officers, directors or employees …
30 V.I.C. § 321 Periodic financial statements
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Each franchisee shall file quarterly with the Commission a statement of gross quarterly subscriber receipts for official use only, together with any franchise fee payment which may be due pursuant to section 311 of this chapter. In addition, each such franchisee shall file with t…
30 V.I.C. § 322 Complaint; procedure
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(a) Complaints by any subscriber as to the operation of any cable television service, system or company may be filed in writing with the Commission. The Commission shall within thirty (30) days of the receipt of such complaint report in writing to the subscriber as to the disposi…
30 V.I.C. § 323 Commission officers and employees; interest in cable television company
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(a) It is unlawful for a member of the Commission or any other officer or employee of the Commission to acquire any interest, direct or indirect, in a cable television company which has applied for or received a franchise from the Commission pursuant to this chapter, or to partic…
30 V.I.C. § 324 Disposition of terminated franchise
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In the event of a revocation or in the event that a franchise is not renewed at the end of its term, then the Commission may hold a sale and sell the system. The system shall be priced and sold at fair market value determined on the basis of the cable system valued as a going bus…
30 V.I.C. § 325 No regulation as a common carrier
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Neither the Commission nor any other government authority within the Virgin Islands shall impose on a cable television system regulation as a common carrier or a utility.
30 V.I.C. § 401 Limited oversight by the Public Services Commission
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Oversight of wireless telecommunications providers is limited to service issues only.
30 V.I.C. § 402 No regulation as a common carrier
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Neither the Virgin Islands Public Services Commission nor any other government authority within the Virgin Islands may impose on wireless telecommunications providers regulation as a common carrier or a utility.
30 V.I.C. § 403 Complaint; procedure
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(a) The Commission shall accept, compile, and attempt to resolve consumer complaints regarding wireless telecommunications providers informally. When the Commission reasonably suspects a pattern of customer abuses, the Commission may, on its own motion, initiate investigations in…