§ 39-19-14. Recovery of expenses from cable television companies.
(a) The cable television company making an application or filing to the division, or subject
to a division investigation, shall be charged with and shall pay the expenses reasonably
so incurred by the division for the purchase of materials, and for the employment
of legal counsel, official stenographers, engineers, accountants, and expert witnesses
and for travel, advertising expense, hearing site expense, and other necessary expenses
as are reasonably attributable to the investigation or the hearing of the application
or filing by the division.
(b) The total amount that may be charged to any cable television company under authority
of this section for proceedings before the division in any calendar year shall not
exceed forty thousand dollars ($40,000).
(c) The administrator shall ascertain the expenses and shall determine the amount to be
paid by the cable television company or companies, and bills shall be rendered therefor,
either at the conclusion of the investigation or hearing, or from time to time during
its progress, and the amount of each bill so rendered shall be paid by the cable television
company to the administrator within thirty (30) days from the date of its rendition
unless, within the thirty-day (30) time period, the cable television company so billed
shall request an opportunity to be heard by the division as to the amount thereof.
The division shall comply with any such request. Any amount of the bill not paid within
thirty (30) days from the date of service of the determination upon the hearing, or,
if none shall be requested, within thirty (30) days from the date of rendition of
the bill, shall draw interest at the rate of twelve percent (12%) per annum. At the
discretion of the administrator, cable television companies may be prebilled for contractual
services utilized by the division. Any revenue received, but not expended upon the
completion of the case, will be promptly reimbursed to the cable television company.
(d) Any person or company making an application to the division for the issuance of a
CATV certificate shall be charged with and pay all expenses reasonably incurred by
the division in supplying materials and for the employment of legal counsel, official
stenographers, engineers, accountants, and expert witnesses, and for travel and other
necessary expenses as are reasonably attributable to the investigation or the hearing
of the application proposal. Applicants shall pay those fees in full prior to the
hearing process commencing unless the administrator agrees to an alternate payment
schedule. All fees collected by the division shall be deposited with the general treasurer
and appropriated to the division. The administrator is authorized and directed to
draw his or her orders upon the general treasurer for payment of any sum or sums as
may be necessary, from time to time, and upon receipt by him or her of authenticated
vouchers presented by the administrator. Failure of the applicant to pay expenses
lawfully assessed by the administrator shall constitute grounds for suspension of
regulatory proceedings or revocation of any certificate granted, until the applicant
has paid the expenses.