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PUBLIC SERVICE COMMISSION OF CHARLESTON

At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 20thday of May 2010.

CASE NO. 10-0302-CTV-FA

SHENTEL CABLE COMPANY, Edinburg, Virginia. Petition for consent and approval of the renewal of cable franchise authority for Nicholas County and to consolidate additional Nicholas County franchises to result in one franchise agreement covering the entire county.

COMMISSION ORDER

The Commission grants a request from Shentel Cable Company (Shentel) to extend a non-exclusive county-wide franchise for Nicholas County, West Virginia, until April 13,2028, and cancels other redundant franchises.

BACKGROUND

On March 9,20 10, Shentel applied for renewal of a cable television franchise expiring on July 7,20 10, covering part of its Nicholas County cable territory. Shentel also requested that the Commission consolidate its existing franchise agreements with one covering all of Nicholas County and extend the county-wide franchise for an additional fifteen-year term, for an expiration date of April 13, 2028.

On March 19,2010, Commission Staff filed its Initial Joint StaffMemorandum noting that the Commission is the local franchising authority for Nicholas County. Staff recommended that the Commission (1) direct Shentel to publish notice of this proceeding, (2) establish a protest period and (3) provide notice to the Nicholas County Commission. Staff attached existing agreements on file with the Commission to its memorandum.

On March 29,20 10, Shentel filed a letter expressing a preference for the Commission to allow overlapping franchise agreements to expire while extending the term of a county- wide franchise agreement. Shentel also filed copies of two of the current franchise agreements it holds in Nicholas County.

Public Service Commission of West Virginia Charleston On April 6,20 10, the Commission directed Shentel to publish notice of this matter in a newspaper of general circulation in Nicholas County, West Virginia. The notice advised the public of a thirty-day protest period for customers to object to the Shentel franchise consolidation and extension request.

On April 15,2010, Shentel published notice of this matter in the Nicholas Chronicle, a weekly newspaper in Nicholas County, West Virginia. See,Affidavit of Publication.

On April 23,20 10, Staff filed its Final Joint Staff Memorandum recommending that the Commission renew an existing county-wide Nicholas County franchise, currently expiring on April 14, 2013, for an additional fifteen years. Staff also recommended cancelling the remaining franchises.

No one filed a protest in response to the notice Shentel published.

DISCUSSION

The Commission is the proper forum for this matter as the cable television franchising authority for Nicholas County, West Virginia. W.Va. Code 524D- 1-3, After review of the Shentel and Staff filings, the Commission concludes that it is reasonable to extend the current non-exclusive county-wide cable television franchise Shentel holds for an additional fifteen years. Shentel provides reasonable service to meet the current and future needs of the Nicholas County communities it serves. It also has the financial, legal and technical ability to continue to provide service in Nicholas County. W.Va. Code 524D- 1- 1 1 and Rule 3.6.1 of the Rules and Regulations for the Government of Cable Television, 150 C.S.R. Series 26 (CTV Rules). Thus, the county-wide franchise Shentel holds will now extend through April 13, 2028. The Commission also concludes that the remaining Shentel franchises for Nicholas County, West Virginia, are redundant and will cancel them.

FINDINGS OF FACT

1. Shentel requested renewal and consolidation of its existing Nicholas County cable television franchises. See,Application.

2. Shentel published notice of its request to renew and consolidate its Nicholas County cable television franchises in the Nicholas Chronicle on April 15, 2010. April 15, 20 10 Affidavit of Publication.

3. Staff recommended that the Commission extend the current county-wide cable franchise Shentel holds for Nicholas County, West Virginia, and cancel the remaining franchises. April 23,20 10 Staff Memorandum.

4. No protests were received.

Public Service Commission of West Virginia Charleston 2 CONCLUSIONS OF LAW

1. The Commission is the appropriate forum to consider the Shentel request to renew and consolidate its Nicholas County cable television franchises because it is the franchising authority for Nicholas County. W.Va. Code 624D- 1-3.

2. The request to extend the current Shentel county-wide non-exclusive cable television franchise for Nicholas County is reasonable because Shentel has demonstrated fitness to operate its franchise. CTV Rule 3.6.1.

3. The remaining cable television franchises Shentel holds for Nicholas County are redundant.

ORDER

IT IS THEREFORE ORDERED that the request from Shentel to extend its current non-exclusive county-wide cable television franchise for Nicholas County is granted. The current franchise agreement expiring April 14,2013, included as Attachment 2 to the letter Shentel filed on March 29, 2010, shall extend to April 13, 2028.

IT IS FURTHER ORDERED that the remaining non-exclusive cable television franchises Shentel holds in Nicholas County are cancelled as redundant.

IT IS FURTHER ORDERED that on entry of this Order this case shall be removed from the Commission docket of open cases.

IT IS FURTHER ORDERED that the Commission Executive Secretary serve a copy of this Order by electronic service on all parties requesting that service, on all other parties by First Class Mail and on Staff by hand delivery.

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