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art.007/2/018/1

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ARTICLE 7 SUBSTITUTE A

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RELATING TO RHODE ISLAND PUBLIC TELECOMMUNICATIONS AUTHORITY

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     SECTION 1. Chapter 16-61 of the General Laws entitled "Public Telecommunications

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Authority" is hereby repealed in its entirety:

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     16-61-1. Definitions. -- For the purposes of this chapter, unless indicated by the context,

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the following words and terms shall have the following meanings:

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     (1) "Advisory commission" means the Rhode Island advisory commission on public

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telecommunications.

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     (2) "Authority" means the Rhode Island public telecommunications authority.

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     (3) "Commission" means the Rhode Island advisory commission on public

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telecommunications.

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     (4) "Fiscal year" shall coincide with that period utilized by the state, i.e. from July 1 to

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the next succeeding June 30.

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     (5) "Public broadcasting" includes all aspects of noncommercial radio and television,

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open and closed circuit, including the production and dissemination of public and community

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affairs, civil defense, educational, cultural, and instructional information to the public at large

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within the state.

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     (6) "Public broadcasting telecommunications" includes all public broadcasting services

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relating to public broadcasting including intercommunications, closed circuit instructional

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television fixed service (ITFS), and other services requiring federal communications commission

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spectrum allocations for transmission of electrical impulses that specifically and integrally relate

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to Rhode Island public broadcasting. Facilities typical for application of these services would

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encompass microwave interconnection, aural and video TV transmission, multiplexing, laser

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beam utilization, satellite interconnection systems, cable systems, and other appropriate

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technological devices.

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     16-61-2. Authority established. -- (a) There is created a public telecommunications

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authority, sometimes referred to as the "authority", which shall be and is constituted a public

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corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to

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exercise all the powers, in addition to those specifically enumerated in this chapter, usually

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appertaining to public corporations entrusted with control of public telecommunications property

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and functions. The authority shall exercise the authority previously vested in the board of regents

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for education with relation to educational television. The authority shall be protected from sudden

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changes in membership and reversal of policy by having staggered terms for its public members.

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Upon its organization the authority shall be invested with the legal title (in trust for the state) to

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all licenses and property, real and personal, now owned by and/or under the control or in custody

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of the board of regents for education for the use of publicly owned educational television.

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     (b) The authority is empowered to hold and operate that property in trust for the state, and

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to acquire, hold, and dispose of that property and other like property as deemed necessary for the

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execution of its corporate purposes. The authority is made successor to all powers, rights, duties,

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and privileges formerly belonging to the board of regents for education pertaining to publicly

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owned educational television.

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     16-61-3. Membership of authority. -- (a) The authority shall consist of nine (9)

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members as follows: seven (7) public members appointed pursuant to the terms of § 16-61-4, the

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chairperson of the board of regents for elementary and secondary education or his or her designee

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who shall serve as a non-voting ex-officio member, and the chairperson of the board of governors

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for higher education or his or her designee who shall serve as a non-voting ex-officio member.

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The governor shall designate one of the public members as chairperson of the authority.

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     (b) Four (4) voting members of the committee shall constitute a quorum. A majority vote

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of those present and voting shall be required for action.

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     (c) No one shall be eligible for appointment unless he or she is a resident of this state.

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     16-61-4. Appointment of public members – Renewal. -- (a) The governor shall with

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the advice and consent of the senate establish the authority by appointing seven (7) members to

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serve staggered terms. The appointments shall be made for terms of three (3) years commencing

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on February lst in the year of appointment and ending on January 31st in the third (3rd) year after

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this. Any vacancy among the public members of the authority shall be filled by appointment of

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the governor, subject to the advice and consent of the senate, for the remainder of the unexpired

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term. In the selection and appointment of members of the authority, the governor shall seek

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persons who best serve the entire needs of the state. Public members shall not be appointed for

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more than two (2) successive three (3) year terms each; provided, that this limitation shall not

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apply to that person designated as chairperson by the governor who may be a member so long as

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he or she shall serve as chairperson. The authority may elect from among its members such other

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officers as they deem necessary.

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     (b) Members of the board shall be removable by the governor pursuant to the provisions

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of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal

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reasons unrelated to capacity or fitness for the office shall be unlawful.

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     16-61-5. Removal of public members. -- Public members of the authority shall be

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removable by the governor for cause only, and removal solely for partisan or personal reasons

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unrelated to capacity or fitness for the office shall be unlawful. No removal shall be made for any

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cause except after ten (10) days' notice in writing of specific charges, with opportunity for the

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member to be present in person and with counsel at a public hearing before the governor, to

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introduce witnesses and documentary evidence in his or her own defense, and to confront and

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cross-examine adversary witnesses; and appeal shall lie to the superior court from the governor's

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determination.

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     16-61-6. Powers and duties of authority. -- (a) The authority shall be empowered to:

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     (1) Adopt and amend and repeal suitable bylaws for the management of its affairs;

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     (2) Adopt and use the official seal and alter it at its pleasure;

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     (3) Maintain an office at any place or places within the state that it may designate;

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     (4) Establish, own, and operate noncommercial educational television or radio

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broadcasting stations, one or more public broadcasting and public broadcasting

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telecommunications networks or systems, and interconnection and program production facilities;

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     (5) Apply for, receive, and hold any authorizations and licenses and assignments and

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reassignments of channels from the federal communications commission (FCC) as may be

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necessary to conduct its operations; and prepare and file and prosecute before the FCC all

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applications, reports, or other documents or requests for authorization of any type necessary or

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appropriate to achieve the authorized purposes of the authority;

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     (6) Provide coordination and information on matters relating to public broadcasting

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telecommunications among the agencies of the state government, all facets of Rhode Island

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public education and individual associations, and institutions working in these fields both within

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and without the state;

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     (7) Establish state wide equipment compatibility policies and determine the method of

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interconnection to be employed within the state's public broadcasting system;

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     (8) Assume responsibility for establishing broad programming philosophy which will

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encourage diversity, quality, and excellence of programming which is released via its facilities.

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The general manager shall be responsible for implementing programming policy in accordance

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with the rules and regulations of the federal communications commission;

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     (9) Provide appropriate advisory assistance to other agencies of the state and local and

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regional groups regarding public broadcasting techniques, planning, budgeting, and related

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issues;

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     (10) Make to the governor and the legislature any recommendations that the authority

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deems necessary with regard to appropriations relating to public broadcasting and public

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broadcasting telecommunications equipment and facilities;

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     (11) Subject to the approval of the governor, receive and administer gifts, contributions,

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and funds from public and private sources to be expended for public broadcasting and public

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broadcasting telecommunications operations, facilities, and programming consistent with

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furthering the purposes of the authority;

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     (12) Cooperate with federal agencies for the purpose of obtaining matching and other

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federal funds and providing public broadcasting and public broadcasting telecommunications

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facilities throughout the state and to make any reports that may be required of the state. The

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authority shall provide appropriate advisory assistance to local school districts and others on these

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matters;

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     (13) Contract with program production organizations, individuals, and noncommercial

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educational television and radio stations within and without the state to produce or to procure

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educational television or radio programs for use by noncommercial stations within the state;

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     (14) Establish and maintain a library and archives of educational television and radio

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programs and related materials, disseminate information about those programs and make suitable

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arrangements for the use of the programs and materials by colleges, universities, schools, and

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noncommercial television and radio stations;

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     (15) Conduct explorations, research, demonstrations, or training in matters related to

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public broadcasting and public broadcasting telecommunications in the state, directly or through

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contracts with appropriate agencies, organizations, or individuals, or by grants to nonprofit,

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noncommercial organizations such as colleges, universities, schools, and noncommercial

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television and radio stations;

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     (16) Acquire, subject to the provisions of the general laws, through lease, purchase, or

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other means, real and other property and to hold and use this property for public broadcasting and

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public broadcasting telecommunications purposes;

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     (17) Contract, subject to the provisions of the general laws, for the construction, repair,

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maintenance, and operations of public broadcasting and public broadcasting telecommunications

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facilities including program production center, stations, and interconnection facilities;

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     (18) Make arrangements, where appropriate, with companies or other agencies and

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institutions operating suitable interconnection facilities (e.g., landlines or satellites);

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     (19) Be empowered to set and collect reasonable fees for services provided through

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contracts with agencies, companies, organizations, and individuals;

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     (20) Make reasonable rules and regulations to carry out the provisions of this chapter.

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     (21) Manage and operate public, education and government (PEG) access studios in

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compliance with rules promulgated by the division of public utilities and carriers.

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     (22) To conduct a training course for newly appointed and qualified members within six

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(6) months of their qualification or designation. The course shall be developed by the chair of the

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authority, approved by the authority, and conducted by the chair of the authority. The authority

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may approve the use of any authority or staff members or other individuals to assist with training.

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The training course shall include instruction in the following areas: the provisions of chapters 42-

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46, 36-14, and 38-2; and the committee's rules and regulations. The director of the department of

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administration shall, within ninety (90) days of the effective date of this act [March 29, 2006],

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prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and

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38-2.

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     (b) In carrying out its powers and duties under this section, the authority shall be

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empowered to enter into contracts or agreements with any nonprofit entity for the operations in

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whole or in part of the public telecommunications functions assigned to it by this chapter.

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     16-61-6.2. Acquisition of public education and government television studios and

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equipment. -- (a) No later than December 31, 2006, the division of public utilities and carriers

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(the Division) shall promulgate rules to allow the transition of management of PEG access

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television including responsibility for programming the three (3) statewide interconnect channels,

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and managing interconnect playback in conjunction with its management of PEG playback, from

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current cable television certificate holders to the Rhode Island public telecommunications

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authority or its designee.

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     (b) Existing certificate holders may transfer to the Rhode Island public

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telecommunications authority or its designee the ownership of PEG access studio and playback

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equipment, and statewide interconnect playback equipment, currently in existing public access

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studios and playback facilities.

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     (c) The Rhode Island public telecommunications authority or its designee may purchase

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this equipment from existing certificate holders for the book value of the equipment based on the

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effective date of the transition.

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     (d) The Rhode Island public telecommunications authority or its designee may assume

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the leases for public access studios in those facilities where existing certificate holders currently

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lease space. Studios in buildings owned by existing certificate holders shall be leased by the

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Rhode Island public telecommunications authority or its designee at fair market value subject to

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the approval of the division. Employees of existing certificate holders working in public access

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facilities shall become employees of the Rhode Island public telecommunications authority or its

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designee on the effective date of the transition.

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     (e) An existing cable television certificate holder may, at its sole discretion, elect to

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continue to manage PEG access studios within its service area. If an existing cable television

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certificate holder does elect to continue to operate and manage PEG access studios, it may at any

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time subsequently elect not to operate PEG access studios and implement the provisions of this

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section.

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     16-61-7. General manager. -- The authority may appoint and determine the

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compensation of a general manager. The general manager shall devote his or her entire time to

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the performance of his or her duties and shall hold office at the pleasure of the authority.

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     16-61-8. Duties of the general manager. – The general manager shall have any duties

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that are defined in this section and in this title and any other additional duties that may be

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determined by the authority, and shall perform any other duties that may be vested in the general

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manager by law. In addition to the general supervision of public telecommunications, it shall be

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the duty of the general manager to:

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     (1) Serve as secretary of the authority and maintain custody of its official seal.

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     (2) Subject to the approval of the authority, appoint any assistants and employees as the

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authority shall deem necessary, and prescribe their powers and duties.

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     (3) Present annually to the authority for their approval or modification a budget

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encompassing both operating and capital development areas.

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     (4) Assist the authority in preparing and maintaining a master plan for public

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telecommunications in the state.

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     16-61-8.1. Longevity payments – Nonclassified employees. -- (a) Non-classified

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employees of the Rhode Island public telecommunications authority, except for non-classified

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employees already receiving longevity increases, shall be entitled to a longevity payment in the

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amount of five percent (5%) of base salary after ten (10) years of service and increasing in a total

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of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this

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section shall apply only to employees under the grade of nineteen (19). The longevity payments

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shall not be included in base salary.

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     (b) The telecommunications authority is authorized to promulgate regulations

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implementing the provisions of this section.

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     (c) Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the

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public laws or general laws to the contrary, there shall be no further longevity increases for

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employees of the Rhode Island public telecommunications authority; provided, however, for

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employees with longevity provisions pursuant to a collective bargaining agreement in effect on

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June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the

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expiration of the applicable collective bargaining agreement, whichever occurs later. To the

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extent an employee has previously accrued longevity payments, the amount of the longevity

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payment earned by the employee for the last pay period in June, 2011 shall be added to the

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employee's base salary as of June 30, 2011, or in the case of an employee with longevity

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provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of

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the longevity payment earned by the employee for the latter of the last pay period in June or the

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last pay period prior to the expiration of the applicable collective bargaining agreement shall be

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added to the employee's base salary as of June 30, 2011 or upon the expiration of the applicable

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collective bargaining agreement, whichever occurs later.

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     16-61-9. Meaning of terms in existing law. -- When in any law, resolution, document,

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record, instrument, proceeding or other place the words "board of education," "state board of

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education," or "board of regents for education" as they shall apply to educational television shall

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appear, they shall be construed to mean the Rhode Island public telecommunications authority.

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     16-61-10. Encumbering of assets. -- The authority shall have no power to issue bonds,

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notes, or other obligations, or to mortgage, pledge, or encumber the assets of the authority or any

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of its income; and no part of the income or the assets of the authority shall inure to the benefit of

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any director, officer, employee, or any other individual, except as may be provided as salary or

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reasonable compensation for services.

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     16-61-11. Political activities prohibited. -- The authority shall be prohibited from

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supporting or opposing any political party or candidate for public office, elective or otherwise,

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and from attempting to influence the enactment of legislation. The authority shall not be

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precluded from promoting full discussions of public issues pursuant to rules and regulations that

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the authority may promulgate.

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     16-61-12. Annual report. -- Within ninety (90) days after the end of each fiscal year, the

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authority shall approve and submit an annual report to the governor, the speaker of the house of

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representatives, the president of the senate, and secretary of state of its activities during that fiscal

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year. The report shall provide: an operating statement summarizing meetings or hearings held,

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including meeting minutes, subjects addressed, decisions rendered, rules or regulations

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promulgated, studies conducted, policies and plans developed, approved or modified, and

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programs administered or initiated; a consolidated financial statement of all funds received and

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expended including the source of the funds, a listing of any staff supported by these funds and a

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summary of any clerical, administrative or technical support received; a summary of performance

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during the previous fiscal year including accomplishments, shortcomings and remedies; a

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synopsis of hearings, complaints, suspensions or other legal matters related to the authority; a

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summary of any training courses held pursuant to the provisions of this chapter; a briefing on

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anticipated activities in the upcoming fiscal year; and findings and recommendations for

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improvements. The authority shall cause an audit of its books and accounts, including the records

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pertaining to any entity created at the direction and/or under the auspices of the authority, to be

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made at least once each fiscal year by the auditor general. The report shall be posted

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electronically on the general assembly's and secretary of state's websites as prescribed in § 42-20-

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8.2. The director of the department of administration shall be responsible for the enforcement of

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this provision.

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     16-61-13. Annual appropriation. -- The general assembly shall annually appropriate

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any sums as it deems necessary for the support and maintenance of public telecommunications in

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the state, and the state controller is authorized and directed to draw his or her orders upon the

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general treasurer for the payment of those appropriations or so much of this sum as may be

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necessary for the purposes appropriated, upon the receipt by the controller of properly

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authenticated vouchers, as the authority may by rule provide.

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     16-61-14. Liberal construction of chapter required. -- This chapter shall be construed

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liberally in aid of its declared purposes.

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     16-61-15. Severability. -- If any provision of this chapter or of any rule or regulation

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made under this chapter, or its application to any person or circumstance, is held invalid by acourt

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of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of

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that provision to other persons or circumstances shall not be affected by theinvalidity. The

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invalidity of any section or sections or parts of any section or sections shall not affect the validity

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of the remainder of the chapter.

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     SECTION 2. Sections 16-28-4, 16-28-5 and 16-28-6 of the General Laws in Chapter 16-

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28 entitled "Educational Television" are hereby repealed.

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     16-28-4. Advisory commission – Appointment and qualification of members. -- (a)

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There is created for the purposes of this chapter the Rhode Island advisory commission on public

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telecommunications consisting of not less than twenty-five (25) members who shall be appointed

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by the governor as provided in this section. The members of the commission shall serve three (3)

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year terms or until their successors have been appointed and duly qualified; provided, upon the

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initial appointment of members to the commission and upon any expansion of the membership of

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the commission, the governor shall appoint one third (1/3) of the members to one year terms, one

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third (1/3) of the members to two (2) year terms, and the remainder of the members to three (3)

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year terms.

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     (b) The governor shall appoint the chairperson of the commission who shall serve at the

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governor's pleasure.

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     (2) Appointment shall be made in February of each year by the governor.

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     (c) Vacancies on the commission may be filled by the governor at any time and shall be

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for the remainder of the unexpired term of the vacancy.

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     (d) The membership of the commission shall include one member of each of the counties

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of the state and insofar as possible be broadly representative of the different educational, cultural,

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professional, religious, and social interests of the state.

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     (e) The advisory commission, among other matters as may be appropriate, is authorized

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and empowered:

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     (1) To advise the general manager respecting his powers pursuant to § 16-61-7, if the

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Rhode Island public telecommunications authority has appointed a general manager; if the

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authority has entered into a contract or agreement with a nonprofit entity for the operation of

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public telecommunications functions pursuant to § 16-61-6, then the advisory committee shall

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advise the entity concerning educational television programming.

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     (2) To do any other things as may be necessary to assist the general manager in carrying

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out the powers expressly provided for in § 16-61-7.

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        (f) Additionally, the advisory commission shall:

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        (1) Maintain minutes of all meetings;

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        (2) Delineate its goals and responsibilities;

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        (3) Provide forums at state educational institutions on educational television;

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        (4) Provide for promotional activities in educational television;

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        (5) Have media publicity on educational television;

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        (6) Continue efforts to obtain funding both public and private and establishment of a

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transmitter needed for the operation of the station;

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        (7) Provide twenty-five dollars ($25.00) per meeting up to three hundred dollars ($300),

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annually, as compensation for public members for attendance at meetings and travel expenses;

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        (8) Provide a written annual report to the Rhode Island public telecommunications

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authority of its activities.

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     16-28-5. Organization and functions of advisory commission – Expenses. -- (a) The

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governor shall designate one of the members of the advisory commission as chairperson. The

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commission shall adopt rules for its own procedure and appoint any other officers from its

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members as it deems fit.

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     (b) The commission shall have no administrative power but shall confer at regular

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intervals and cooperate with, advise, and make recommendations to the board of regents for

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elementary and secondary education in the administration of this chapter.

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     (c) It shall be the duty of the board to consult with the advisory commission on matters

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relating to the operation of the educational television station, providing, that ultimate policy

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decisions shall rest with the board.

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     (d) The members of the commission shall serve without compensation, but shall be

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entitled to receive reimbursement for reasonable actual and necessary expenses incurred in

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performance of their duties.

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     16-28-6. Appropriations and disbursements. -- The general assembly shall annually

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appropriate a sum sufficient to carry out the purposes of this chapter; and the state controller is

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authorized and directed to draw his or her orders upon the general treasurer for the payment of the

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sum, or so much of a sum as may be required, from time to time, upon the receipt by the

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controller of properly authenticated vouchers.

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     SECTION 3. Section 17-23-18 of the General Laws in Chapter 17-23 entitled "Election

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Offenses" is hereby amended to read as follows:

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     17-23-18. Political advertising from official budgets prohibited. -- (a) No elected

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official shall permit the expenditure of public funds from any official budget under his or her

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authority for any publication, advertisement, broadcast, or telecast of his or her photograph,

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voice, or other likeness to be broadcast or distributed to the public during the one hundred and

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twenty (120) days preceding any primary or general election in which he or she is a candidate.

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        (b) This section shall not be construed to prohibit an official from appearing on regular

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capitol television programming operated by the general assembly or on television stations

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operated by the Rhode Island public telecommunications authority the Rhode Island PBS

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Foundation during the period of time or programming of regular or special meetings of city or

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town councils or any local governmental board, agency or other entity.

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     SECTION 4. Section 17-25-30 of the General Laws in Chapter 17-25 entitled "Rhode

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Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as

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follows:

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     17-25-30. Public financing of election campaigns – Compliance benefits. – (1)

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Entitled to an additional benefit of free time on community antenna television to be allocated

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pursuant to rules determined by the administrator for the division of public utilities. During all

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allocated free time, the candidate shall personally appear and present the message of the

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advertisement; provided, however, the content of all television time shall include captioning for

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the deaf and hard of hearing and the content of all radio time must be available in a written or text

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format at the time of request; and

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     (2) Entitled to an additional benefit of free time on any public broadcasting station

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operating under the jurisdiction of the Rhode Island public telecommunications authority PBS

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foundation pursuant to rules determined by the authority federal communications commission

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(FCC). During all allocated free time, the candidate shall personally appear and personally

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present the message of the advertisement; provided, however, the content of all television time

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shall include captioning for the deaf and hard of hearing and the content of all radio time must be

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available in a written or text format at the time of request.

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     SECTION 5. Section 22-13-9 of the General Laws in Chapter 22-13 entitled "Auditor

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General" is hereby amended to read as follows:

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     22-13-9. Access to executive sessions of a public agency – Access to records –

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Disclosure by the auditor general. -- (a) Whenever a public agency goes into executive session,

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the auditor general or his or her designated representative shall be permitted to attend the

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executive session or if the auditor general or his or her designee is not in attendance at the

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executive session, the auditor general or his or her designee, upon written request, shall be

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furnished with copies of all data or materials furnished to the members of the public agency at the

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executive session. If the auditor general or his or her designee attends the executive session, the

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auditor general shall be furnished the same data in the same form and at the same time as

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members of the public agency.

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        (b) Within three (3) working days of a written request by the auditor general, the public

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agency shall furnish a copy, whether approved by the agency or not, of the minutes of any

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meeting, including any executive session of the public agency.

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       (c) The auditor general shall have full and unlimited access to any and all records of any

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public agency, in whatever form or mode the records may be, unless the auditor general's access

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to the records is specifically prohibited or limited by federal or state law. In no case shall any

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confidentiality provisions of state law be construed to restrict the auditor general's access to the

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records; provided, the auditor general's access to any confidential data shall not in any way

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change the confidential nature of the data obtained. Where an audit or investigative finding

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emanates from confidential data, specific confidential information will not be made public. The

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records shall include those in the immediate possession of a public agency as well as records

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which the agency itself has a right to. In the event of a dispute between the agency involved and

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the auditor general as to whether or not the data involved are confidential by law, the matter will

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be referred to the attorney general for resolution.

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      (d) (1) If in the course of an executive session any fact comes to the attention of the

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auditor general or his or her designated representative, which in his or her judgment constitutes an

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impropriety, irregularity, or illegal transaction, or points to the onset of an impropriety or illegal

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transaction, then the auditor general shall disclose that information to the joint committee on

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legislative services, the director of administration, and the chairperson of the public agency

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involved. Where the facts or the data upon which the facts are based are deemed confidential

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pursuant to the provisions of federal or state law, the auditor general's access to the information

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shall not in any way change the confidential nature of the data obtained.

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     (2) In the event of a dispute between the agency involved and the auditor general as to

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whether or not the data involved are confidential by law, the matter will be referred to the

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attorney general for resolution.

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     (e) The auditor general or his or her designated representative shall be immune from any

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liability to any party for claims arising out of disclosure authorized by this section.

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     (f) For the purposes of this section, the phrase "public agency" shall include the

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following: the Rhode Island industrial building authority, the Rhode Island recreational building

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authority, the Rhode Island economic development corporation, the Rhode Island industrial

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facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and

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mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island

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public transit authority, the Rhode Island student loan authority, the water resources board, the

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Rhode Island health and educational building corporation, the Rhode Island higher education

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assistance authority, the Rhode Island turnpike and bridge authority, the Narragansett Bay

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commission, Rhode Island public telecommunications authority, the convention center authority,

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channel 36 foundation, their successors and assigns, and any other body corporate and politic

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which has been or which is subsequently created or established within this state.

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     SECTION 6. Chapter 39-19 of the General Laws entitled "Community Antenna

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Television Systems" is hereby amended by adding thereto the following section:

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     39-19-6.1. Public education and government television studios and equipment. -- (a)

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The division shall be empowered to manage and operate public, education and government (PEG)

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access television in Rhode Island; provided, however, that an existing cable television certificate

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holder may, at its sole discretion, and for as long as it desires to do so, elect to continue to

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manage a PEG access studio within its service area.

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     (b) In carrying out the purposes of this section, the division may designate another entity,

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whether public or private, to actually manage the day-to-day operations of any PEG access

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studios not being actively managed and operated by an existing cable television certificate holder.

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These day-to-day operations shall include the responsibility of programming statewide

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interconnect channels, and managing interconnect playback in conjunction with the management

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of PEG playback.

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     (c) The division shall fund the operations authorized under this section through PEG

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access and interconnect fees, which shall be established by the division following public hearing

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and notice to the state’s cable television certificate holders. Such fees shall be paid by the state’s

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cable television certificate holders, who may in turn pass through such expenses to their

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respective subscribers in accordance with federal law.

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     (d) In furtherance of exercising this authority, the division shall promulgate such

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reasonable rules and regulations that the division deems necessary to carry out its responsibilities.

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     SECTION 7. This article shall take effect as of July 1, 2013.