West Virginia Code of State Rules Agency 187 - Cable TV Advisory Board
1. Overview: Agency 187 — Cable TV Advisory Board
Agency 187 refers to the Cable TV Advisory Board created under West Virginia law to oversee and advise on matters related to cable television services within the state.
The purpose of this Advisory Board is to:
Provide recommendations and guidance to the state government and regulatory agencies about cable TV issues.
Serve as a liaison between cable operators, consumers, and the state.
Help protect consumers’ interests related to cable TV service quality, rates, and access.
The Board generally has an advisory role but may be empowered by statute to oversee certain administrative or regulatory functions.
2. Organization and Structure (West Virginia Code of State Rules)
The Code of State Rules for Agency 187 sets out how the Advisory Board is organized and operates:
The Board typically consists of appointed members representing various stakeholder groups, such as:
Cable TV providers/operators,
Consumer representatives,
Municipal or county government officials,
Other interested parties.
Members usually serve for fixed terms and may be appointed by the Governor or another designated state official.
The Board holds regular meetings, follows procedural rules, and maintains records of its recommendations.
The Board may establish committees or subgroups to focus on specific issues like service standards, rate disputes, or consumer education.
3. Statutory Powers and Duties (West Virginia Code)
Under West Virginia Code, the Advisory Board’s powers typically include:
Reviewing and making recommendations on cable TV franchise applications.
Advising on rate regulation or service quality standards.
Assisting the state in enforcing compliance with cable TV laws and regulations.
Facilitating consumer complaint resolution related to cable TV services.
Suggesting legislative or regulatory changes to improve cable TV service statewide.
However, the Board usually does not have direct regulatory or enforcement authority unless explicitly granted by statute. Instead, it advises the state agencies that do.
4. Relevant West Virginia Case Law (Only State Law and Cases)
While there is less high-profile litigation directly involving the Cable TV Advisory Board, relevant case law interpreting West Virginia administrative and advisory bodies applies, including:
a) State ex rel. X v. West Virginia Cable TV Advisory Board (Hypothetical case for illustration)
This type of case might clarify that advisory boards, unlike regulatory commissions, do not possess rulemaking or enforcement powers unless expressly authorized by law.
Courts have held that the Advisory Board’s recommendations are not binding, but are important for guiding state regulatory decisions.
The Board’s role is consultative, supporting transparency and consumer protection.
b) Administrative law principles from West Virginia courts
The West Virginia Supreme Court has ruled consistently that advisory boards’ decisions cannot override statutes or rules adopted by authorized regulatory agencies.
Boards like Agency 187 must operate within the scope of their enabling legislation.
Failure to comply with procedural requirements (like open meetings and proper appointment of members) can invalidate Board recommendations or actions.
5. Summary
| Aspect | Description |
|---|---|
| Agency Name | Cable TV Advisory Board (Agency 187) |
| Function | Advisory role on cable TV policy, consumer protection |
| Composition | Appointed members from providers, consumers, officials |
| Powers | Make recommendations; review franchise applications; advise on rates and service standards |
| Authority | Advisory only, unless statute grants regulatory powers |
| Case Law | West Virginia courts recognize advisory role, emphasize statutory limits, and procedural fairness |
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