PETITION OF:

Chapter 166A of the General Laws is hereby amended by striking out section 15, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:— Section 15. The issuing authority may upon its own motion or upon the request of a licensee, after due hearing and investigation, fix and establish for the community antenna system, in its city or town a fair and reasonable rate of return from subscription rates charged to subscribers, said rates to be adequate, just, reasonable and non-discriminatory. Notwithstanding any other provision of this paragraph, the issuing authority may, after due hearing and investigation, suspend regulation of rates and charges in any cable television system upon a finding that adequate competitive alternatives exist to the provision of services offered by cable television systems. In the event of such suspension, the issuing authority shall, by oversight and surveillance, review periodically any facts or standards employed in determining the presence of said competition.

The issuing authority shall cause notice of the time and place of every such hearing to be published in at least 1 newspaper of general circulation in the municipality or service area affected.

Such notice and schedule shall be in such form as the division may deem expedient.

The issuing authority may make, and, at any time, alter or amend, reasonable rules and regulations to facilitate the operation

of this section and enforce the application of the rates fixed and established by them, may conduct hearings and investigations under this section, and may at any time require any company to file with them such data, statistics, schedules, or information as they may deem proper or necessary to enable them to fix and establish or secure and maintain fair and reasonable rates. It may issue such orders as they find proper, expedient or necessary to enforce and administer the provisions of this section, to secure compliance with any rules or regulations made there under, and to enforce adherence to the rates fixed and established by them. The superior court for the county of Suffolk shall have jurisdiction in equity upon the petition of the issuing authority and after a summary hearing, to enforce all lawful orders of the issuing authority. Memoranda of all actions, orders findings and decisions of the issuing authority shall be signed by the mayor or board of selectmen and filed in their offices as public records.

Any person or company aggrieved by any action, order finding or decision of an issuing authority under this section may within 45 days of such action, order finding or decision file a petition in the superior court department of the county in which the city or town is located for a review of such action, order, finding or decision. An order of notice returnable not later than 7 days from the filing of such petition shall forthwith issue and be served upon the issuing authority. Within 10 days after the return of said order of notice, the petition shall be assigned for a speedy and summary hearing on the merits. The action, order, finding or decision of the issuing authority shall remain in full force and effect pending the final decision of the court or a justice thereof, after notice to the issuing authority, shall otherwise order.

The court shall have jurisdiction in equity to modify, amend, annul, reverse, or affirm such action, order, finding, or decision, shall review all questions of fact and of law involved therein and may make any appropriate order or decree. The decision of the court shall be final and conclusive on the parties. The court may make such order as to costs as it deems equitable. The court shall make such rules or orders as it deems proper to secure prompt and speedy hearings and to expedite final decisions thereon.