CHAPTER 13 – STATE FRANCHISE FOR CABLE TELEVISION SERVICE
SECTION .0100 – GENERAL REQUIREMENTS
18 NCAC 13 .0101 SCOPE
The rules in this Chapter implement Article 42 of Chapter 66
of the General Statutes.
History Note: Authority G.S. 55D-5; 55D-10; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0102 DEFINITIONS
The following terms and definitions apply to the rules in
this Chapter:
(1) "Act" means Article 42 of Chapter
66 of the North Carolina General Statutes entitled "State Franchise for
Cable Television Service";
(2) "Correspond" means to conform to
or be obviously similar to, although not agreeing in every detail;
(3) "Department" means the Department
of the Secretary of State;
(4) "Filed" means received by the
Department and filed pursuant to G.S. 55D-15 and this Chapter;
(5) "Filer" means a person submitting
a filing pursuant to the Act and this Chapter;
(6) "Filing" and "record"
mean those forms, reports, attachments and information submitted in paper or
electronic form; and
(7) "Form" means a form or report
promulgated by the Department and required or permitted to be filed pursuant to
the Act.
History Note: Authority G.S. 55D-5; 55D-10; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0103 TIME
Time periods are calculated according to the provisions of
G.S. 1A-1, Rule 6.
History Note: Authority G.S. 1A-1, Rule 6; 55D-5;
55D-10(b)(7); 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
SECTION .0200 – FILING
18 NCAC 13 .0201 FILING LOCATIONS AND METHODS
Each required filing must be submitted to and received by
the Department using one of the following methods:
(1) By United States mail at the following address:
Department of the Secretary of State, P.O. Box 29622, Raleigh, NC 27626-0622.
(2) In person or by a designated delivery service
authorized pursuant to G.S. 1A-1, Rule 04 at the following street address:
Secretary of State's Office, 2 South Salisbury Street, Raleigh, NC 27601-2903.
History Note: Authority G.S. 1A-1, Rule 4; 55D-5;
55D-10; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0202 FILING USING DEPARTMENT'S FORMS
(a) Filers shall use forms promulgated by the Department.
(b) For each filing, a filer shall submit an original
consisting of:
(1) A completed and signed form;
(2) A map which complies with Section .0400 of
this Chapter, if the filing of a map is required;
(3) Any attachments.
(c) For each filing, a filer shall also submit three copies
of the documents submitted to Paragraph (b) of this Rule.
History Note: Authority G.S. 55D-5; 55D-10; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0203 FORM COMPLETION REQUIREMENTS
(a) All information requested on a form shall be completed
by the filer whether requested by means of a block to be marked or a line to be
completed.
(b) Nothwithstanding the requirements of Paragraph (a) of
this Rule, if the filer's mailing address is the same as the filer's physical
address, the filer may leave the mailing address question or item blank.
(c) A form is not complete unless it complies with all
other applicable filing requirements in this Chapter and Article 2 of Chapter
55D of the General Statutes.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0204 FILING SUBMISSION DATE AND TIME
A filing is submitted on the day it is received in paper
form by the Department before 5:00 p.m. of that day.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0205 REJECTION OF INCOMPLETE FILING
The Department shall reject any filing which is incomplete
because the filing:
(1) Lacks any required information; or
(2) Is not signed as required by the Act; or
(3) Is not submitted together with any required
fee; or
(4) Does not comply with the requirements of
G.S. 55D-10.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0206 DEPARTMENTAL REFUSAL TO FILE
The Department shall refuse to file a filing which is
subject to rejection for any of the reasons stated in this Chapter or in
Article 2 of Chapter 55D of the General Statutes.
History Note: Authority G.S. 55D-5; 55D-10(b)(7);
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0207 EXPEDITED REVIEW OF FILING
A filer may request expedited review of a filing pursuant to
G.S. 55D-11 upon payment of the applicable expedited review fee.
History Note: Authority G.S. 55D-5; 55D-10; 55D-11;
55D-15; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0208 EFFECTIVE DATE OF FILING
(a) When the Department does not reject a filing under Rule
.0205 or refuse to file a filing under Rule .0206 and accepts and files a
filing pursuant to G.S. 55D-15, the document is deemed filed on the date on
which it was received by the Department.
(b) When the Department rejects a filing under Rule .0205
or refuses to file a filing under Rule .0206 and later accepts and files a
subsequently submitted corrected filing pursuant to G.S. 55D-15, the document
is deemed filed on the date on which the corrected filing was received by the
Department.
History Note: Authority G.S. 55D-5; 55D-10; 55D-13;
55D-15; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0209 DEPARTMENT'S DELIVERY OF COPY TO
FILER
At the time of submission of a filing, a filer may request
that the Department make the copy delivery required by G.S. 55D-15(b) by a
delivery service authorized pursuant to G.S. 1A-1, Rule 4 if the filer has:
(1) Made provision for the delivery service to
visit the Department and pick up the copy; or
(2) Provided a completed delivery envelope and
made arrangements with the delivery service for payment of costs associated
with the pickup and delivery of the copy.
History Note: Authority G.S. 1A-1, Rule 4; 55D-5;
55D-10; 55D-15; 66-354(a); 26 U.S.C. 7502(f)(2);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
SECTION .0300 – FEES
18 NCAC 13 .0301 GENERAL REQUIREMENTS
(a) A required fee shall be submitted together with the
filing to which the fee applies.
(b) A fee must be paid by cash, warrant, uncertified check,
certified check, money order, or another instrument freely negotiable at par
through the Federal Reserve System. Checks, money orders, or other instruments
shall be drawn on U.S. financial institutions in U.S. currency.
(c) A filing is void if a financial instrument listed in
Paragraph (b) of this Rule and tendered for a required fee is returned by the
institution upon which it was issued as "insufficient funds" or for
other similar reason.
History Note: Authority G.S. 55D-5; 55D-10(b)(7);
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
SECTION .0400 – MAPS AND DESCRIPTIONS OF SERVICE AREAS
18 NCAC 13 .0401 PURPOSE
The rules in this Section establish basic standards for map
and description filings.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0402 CONTENT SUFFICIENCY REQUIREMENT FOR
SUBMITTED MAPS
A map submitted shall accurately depict the geographic area
to be served by reference to governmental boundaries, streets, roads, or
geographical features.
History Note: G.S. 55D-5; 55D-10; 55D-15; 66-352;
66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 12
.0401);
Eff. December 1, 2007.
18 NCAC 13 .0403 DESCRIPTIONS OF SERVICE AREAS
(a) Service areas shall be described in a manner sufficient
to enable a person to determine whether or not a particular location falls
within the service area. NOTE: For example, any of the following descriptions
would enable a person to determine whether a location fell within the described
service area: the entirety of the State of North Carolina; the entirety of X
county; all of X county north of Y highway; the city of Z; the A, B and C
subdivisions of Q city; or, those portions of X county between river S and
highway Y.
(b) If both a map and a description of a service area are
required, then the description of the service area shall correspond to the map.
(c) A description shall not be sufficient if it merely
refers to a map without a description of what the map represents.
History Note: Authority G.S. 55D-5; 55D-10; 66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 13
.0401);
Eff. November 1, 2007.
18 NCAC 13 .0404 Reserved for future codification'
18 NCAC 13 .0405 REQUIRED MAP COMPONENTS
A map shall have three basic components combined and
submitted as a single final map document or image. These basic components are:
(1) The map depicting recognizable geographic
territory,
(2) The service area depicting the filer's franchise
service area, and
(3) Boundary clarity and detail sufficient to comply
with the requirements of Rule .0408, .0409, .0410, or .0411 of this Section.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0406 GENERAL REQUIREMENTS FOR MAP
The map shall include:
(1) The geographic map image;
(2) A scale indicator;
(3) A graphic indicating the direction North;
(4) A title indicating the map's purpose;
(5) A reference statement linking the map to the filing
for which the map is submitted; and
(6) A legend or key to any symbols on the geographic
map image.
History Note: G.S. 55D-5; 55D-10; 55D-15; 66-352;
66-354(a);
Eff. December 1, 2007.
18 NCAC 13 .0407 GENERAL REQUIREMENTS FOR SERVICE
AREA
The service area for a submitted map shall:
(1) Delineate the service area as one or more
polygons. The polygon(s) shall be closed on all sides;
(2) Identify area included in the service area polygon(s)
through use of color fill, hash marks, hatching, or similar graphic depiction;
and
(3) Contain a legend or key to any symbols used
to depict the service area. NOTE: For example, if hash marks are used to
identify included areas of the service area, the legend or key would include
that information.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 13
.0401);
Eff. November 1, 2007.
18 NCAC 13 .0408 MAP BOUNDARY DETAIL REQUIREMENTS FOR
SERVICE AREAS COVERING THE ENTIRE AREA OF ONE OR MORE MUNICIPALITIES OR
COUNTIES
(a) A map depicting a service area that covers the entire
area of one or more municipalities provides sufficient boundary detail if the
map depicts the official boundaries of the covered municipality or
municipalities.
(b) A map depicting a service area that covers the entire
area of one or more counties provides sufficient boundary detail if the map
depicts the official boundaries of the covered county or counties.
(c) For the purposes of this Rule, "official
boundaries" means those boundaries set or recognized by the municipalities
or counties depicted on the submitted map.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 13
.0401);
Eff. November 1, 2007.
18 NCAC 13 .0409 MAP BOUNDARY DETAIL REQUIREMENTS FOR
SERVICE AREAS COVERING THE ENTIRE AREA OF THE STATE
A map depicting a service area that covers the entire area
of the State provides sufficient boundary detail if the map depicts the
official boundaries of the State.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 13
.0401);
Eff. November 1, 2007.
18 NCAC 13 .0410 INCREASED MAP BOUNDARY DETAIL
REQUIREMENTS FOR SERVICE AREAS COVERING LESS THAN THE ENTIRE AREA OF A
MUNICIPALITY OR COUNTY
A map depicting any service area that covers less than the
entire area of a municipality or a county shall provide boundary detail as is
necessary to comply with the requirements of Rule .0402 of this Section.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0411 MAP SOURCES
Maps obtained from the following sources may be submitted
and are acceptable so long as the map submitted complies with all service area
requirements in this Section:
(1) A map which is obtained either from a property
mapper certified by the Department's Land Records Management Section or a
county mapping office for the county in which the service area is located and
which meets minimum State standards for creating base or cadastral maps
established by G.S. 102-17 and G.S. 147-54.3, including any subsequent
amendments to those standards. Copies of the standards may be viewed online
using the Department's Internet site at the following address:
http://www.secretary.state.nc.us/land/ or may be obtained by
contacting the Land Records Management Section, NC Department of the Secretary
of State, PO Box 29626, Raleigh, North Carolina 27626-0626, telephone number
919-807-2206, facsimile number 919-807-2210. The cost for receiving a paper
copy of these materials is twenty cents ($.20) per page; or
(2) A map which is obtained from the website
established by the NC Geographic Information Coordinating Council at:
www.nconemap.com at no cost to the user
and which contains at least the following geo-referenced representation of the
service area boundaries:
(a) County boundaries;
(b) City boundaries;
(c) Township boundaries;
(d) Roads and streets; or
(3) A map which meets the requirements of the Utilities
Commission as set forth in 04 NCAC 11 R09-04, including any subsequent
amendments to those Rules. Copies of those Rules and the standards
incorporated therein may be viewed online at:
http://reports.oah.state.nc.us/ncac.asp or may be obtained by
contacting the Corporations Division, NC Department of the Secretary of State;
PO Box 29626, Raleigh, North Carolina 27626-0626, telephone number
919-807-2225; or
(4) For maps concerning municipalities, a map which is
obtained from the office of the clerk for the municipality depicted in the map.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 13
.0401);
Eff. November 1, 2007.
18 NCAC 13 .0412 Reserved for future codification'
18 NCAC 13 .0413 ADDITIONAL MAP INFORMATION PERMITTED
A map may contain additional information which will be
useful to the customers of the franchise holder, the North Carolina Department
of Revenue, local governments and others. Note: For example, a map may
include geographical features such as waterways.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Temporary Adoption Eff. January 1, 2007 (18 NCAC 13
.0401);
Eff. November 1, 2007.
18 NCAC 13 .0414 FILING OF MAPS
A paper copy and an electronic copy of a map shall be
submitted with each filing for which a map is required.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-353; 66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0415 ELECTRONIC MAP FORMAT REQUIREMENTS
Any electronic copy of a map submitted under this Section
shall be submitted either in Portable Document Format (PDF) or in a GIS
"shapefile".
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-353; 66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0416 ELECTRONIC MAP MEDIA REQUIREMENTS
(a) Any electronic copy of a map submitted under this
Section may be submitted using any of the following media:
(1) A floppy disk;
(2) A CD-Rom Disc, or
(3) A DVD-Rom Disc.
(b) The medium containing the electronic map shall be
labeled in a manner that identifies the filer, the filing type, and the date of
submission.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0417 AMENDMENTS TO SERVICE AREAS
PROHIBITED
(a) A franchise holder shall not file an amendment to a map
or service area description which changes the service area boundaries.
(b) A new notice of franchise shall be filed if a filer
seeks to change a franchise service area.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Eff. July 3, 2008.
18 NCAC 13 .0418 PERMITTED MAP AND DESCRIPTION
AMENDMENTS
(a) A filer may amend a map or service area description for
reasons other than changes to the service area boundaries. NOTE: For example,
a filer may amend a map or service area description to further identify
landmarks within the described service area such as street names.
(b) An amended map or service area description shall:
(1) Be titled "Amended"; and
(2) Comply with Rule .0202 of this Chapter.
(c) If a map is amended pursuant to this Rule, an
electronic copy shall be provided consistent with the requirements of this
Section.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0419 ANNUAL SERVICE REPORT MAP SUBMISSION
For the purpose of complying with the map filing
requirements for annual service reports under G.S. 66-353, a filer submitting
an annual service report shall either:
(1) Combine and submit the information required
by G.S. 66-353(2) and G.S. 66-353(4) on a single map image, so long as the
resulting single map image provides the visual depiction and information
required by each provision of law; or
(2) Submit two separate map images: one map
image to depict the service area and one map image to depict households passed.
History Note: Authority G.S. 55D-5; 55D-10; 55D-15;
66-352; 66-353; 66-354(a);
Eff. November 1, 2007.
SECTION .0500 – NOTICE OF FRANCHISE
18 NCAC 13 .0501 SCHEDULES
(a) A schedule shall set forth the proposed sequence and
timing of the provision of service to the service area. Deviations from the
proposed schedule shall be noted and explained in the annual service report as
required in G.S. 66-353(8).
(b) If a franchise service area contains noncontiguous
geographic areas, then the schedule in the notice of franchise shall
specifically address each of the noncontiguous areas.
History Note: Authority G.S. 55D-5; 55D-10; 66-352;
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
SECTION .0600 – NOTICE OF COMMENCEMENT OF SERVICE
18 NCAC 13 .0601 NOTICE OF COMMENCEMENT OF SERVICE
A notice of commencement of service shall include:
(1) The effective date of the notice of franchise for
that service area as determined pursuant to Rule .0208 of this Chapter as noted
on the copy of the notice of franchise returned by the Department to the filer
and available on the Department's website;
(2) The franchise number assigned by the Department;
(3) Either verification that there have been no changes
in the information on the notice of franchise with regard to the identity,
address and contact information of the filer or amendment of that information;
(4) A map of the service area which complies with
Section .0400 of this Chapter;
(5) A description of the service area which complies
with Section .0400 of this Chapter;
(6) A statement confirming that cable service has begun
in the service area; and
(7) The date on which cable service began.
History Note: Authority G.S. 55D-5; 55D-10; 66-352(b);
66-354(a);
Eff. November 1, 2007.
SECTION .0700 – NOTICE OF WITHDRAWAL
18 NCAC 13 .0701 MINIMUM REQUIREMENTS
A notice of withdrawal must include:
(1) The name of the franchisee as stated on the
notice of franchise;
(2) The date of the notice of franchise;
(3) The cities and counties identified in the
original notice of franchise;
(4) The date upon which the franchisee will
cease providing service; and
(5) The franchise number assigned by the
Department.
History Note: Authority G.S. 55D-5; 55D-10; 66-352(d); 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0702 WITHDRAWAL NOTICE COVERS ENTIRE
SERVICE AREA
A withdrawal of a notice of franchise applies to the entire
franchise service area.
History Note: Authority G.S. 55D-5; 55D-10; 66-352(d); 66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
SECTION .0800 – ANNUAL SERVICE REPORT
18 NCAC 13 .0801 ONE ANNUAL SERVICE REPORT PER
FRANCHISE
History Note: Authority G.S. 55D-5; 55D-10(b)(7);
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Temporary Adoption Expired November 1, 2007.
18 NCAC 13 .0802 ANNUAL SERVICE REPORT DESCRIPTION
AND MAP INFORMATION
Description and map information filed in an annual service
report must correspond with description and map information in the notice of
franchise to which the annual service report applies.
History Note: Authority G.S. 55D-5; 55D-10(b)(7); 66-353;
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0803 ANNUAL SERVICE REPORT SCHEDULE
The explanation included in an annual service report for a
new schedule and the accompanying new schedule shall be linked to the
description and map of the franchise service area in a manner which permits a person
reading the explanation to determine whether or not the new schedule affects an
area. Note: For example, an explanation and new schedule would be linked to
the service area description if it stated: Households in the northern quadrant
of the service area were scheduled to be passed in 2007. That schedule has now
changed because flooding due to Hurricane XYZ prevented passing those
households. Those households are now scheduled to be passed in 2008.
History Note: Authority G.S. 55D-5; 55D-10(b)(7); 66-353;
66-354(a);
Eff. November 1, 2007.
18 NCAC 13 .0804 REQUIRED CUSTOMER SERVICE
INFORMATION
An annual service report shall specify the extent to which
the following requirements contained in 47 C.F.R. Part 76 have been met:
(1) 47 C.F.R. 76.309 Customer service obligations;
(2) 47 C.F.R. 76.1602 Customer service--general
information;
(3) 47 C.F.R. 76.1603 Customer service--rate and
service changes; and
(4) 47 C.F.R. 76.1604 Charges for customer service
changes.
A cable service franchise holder may include additional
information regarding compliance with customer service requirements in Part 76
of Title 47 of the Code of Federal Regulations in the annual report.
History Note: Authority G.S. 55D-5; 55D-10(b)(7); 66-353;
66-354(a); 66-356(b); 47 C.F.R. Part 76;
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
18 NCAC 13 .0805 ANNUAL SERVICE REPORT PERCENTAGE OF
HOUSEHOLDS PASSED
When listing the percentage of households passed in the
service area as of July 1 of any preceding year for which a report was
required, a filer shall list the percentage that was set forth on the annual
service report for the immediately preceding year. A filer is not required to
list percentages for other prior years in which another annual service report
was filed.
History Note: Authority G.S. 55D-5; 55D-10(b)(7); 66-353;
66-354(a);
Eff. November 1, 2007.
SECTION .0900 – RECORDS
18 NCAC 13 .0901 ACCESSING PUBLIC RECORDS
Records may be physically viewed at the Department by the
public on weekdays during normal operating hours, except on State holidays. A
list of State holidays may be viewed at: http://www.osp.state.nc.us/holsched.htm.
History Note: Authority G.S. 55D-5; 55D-10(b)(7);
66-354(a);
Temporary Adoption Eff. January 1, 2007;
Eff. November 1, 2007.
