N.Y. PBS Law § 212 — New York Code / Act PBS / Article 11 / Section 212
Definitions
Status: in_force

§ 212. Definitions. The words and phrases used in this article shall\nhave the following meanings unless a different meaning clearly appears\nin the context.\n  1. "Cable television company," shall mean any person owning,\ncontrolling, operating, managing or leasing one or more cable television\nsystems within the state.\n  2. "Cable television system" shall mean any system which operates for\nhire the service of receiving and amplifying programs broadcast by one\nor more television or radio stations or any other programs originated by\na cable television company or by any other party, and distributing such\nprograms by wire, cable, microwave or other means, whether such means\nare owned or leased, to persons in one or more municipalities who\nsubscribe to such service. Such definition does not include: (a) any\nsystem which serves fewer than fifty subscribers; or (b) any master\nantenna television system.\n  3. "Franchise" shall mean and include any authorization granted by a\nmunicipality in terms of a franchise, privilege, permit, license or\nother municipal authorization to construct, operate, maintain, or manage\na cable television system in any municipality.\n  4. "Gross annual receipts" shall mean any and all compensation\nreceived directly or indirectly by a cable television company from its\noperations within the state, including but not limited to sums received\nfrom subscribers or users in payment for programs received and/or\ntransmitted, advertising and carrier service revenue and any other\nmoneys that constitute income in accordance with the system of accounts\napproved by the commission.\n  Gross annual receipts shall not include any taxes on services\nfurnished by a cable television company imposed directly on any\nsubscriber or user by any municipality, state, or other governmental\nunit and collected by the company for such governmental unit.\n  5. "Master antenna television system" shall mean any system which\nserves only the residents of one or more apartment dwellings under\ncommon ownership, control or management, unless such system uses\nfacilities located in a public right of way to provide service.\n  6. "Municipality" shall mean any village, town, city or county not\nwholly contained within a city in the state.\n  7. "State agency" shall mean any office, department, board,\ncommission, bureau, division, public corporation, agency or\ninstrumentality of the state.\n  8. "Person" shall mean any individual, trustee, partnership,\nassociation, corporation or other legal entity.\n  9. "Program" shall mean any broadcast type program, signal, message,\ngraphics, data, or communication content service.\n  10. "Downgrade" shall mean a change in service initiated by the\nsubscriber to a less expensive service tier than the one currently\nsubscribed to.\n  11. "Network" shall mean a group of programs distributed, packaged,\npromoted or sold to subscribers as the offering of a single entity,\nincluding but not limited to, a channel or station.\n  12. "Service tier" shall mean a category of cable television services\nor other services provided by a cable television company and for which a\nrate or fee is charged by the cable television company, including, but\nnot limited to, basic services, premium networks or services, recurring\npay-per-view services and other categories of cable services for which\nthere are additional charges.\n  13. "Network change" shall mean the removal of a network from a\nservice tier whether or not added to another tier or a substantial\nalteration of the character of a network by a cable television company\nor an affiliate it controls. Notwithstanding the foregoing, the addition\nof a network to a service tier for promotional purposes where such\npurpose is clearly disclosed to the subscriber and is for a period of\ntime not exceeding thirty-one days, the subsequent deletion of such\nnetwork after the termination of the promotion, shall not be a "network\nchange".\n  14. "Significant programming change" shall mean the removal or\nalteration of recurring programming which materially changes the quality\nor level of programming on a network, provided however, such term shall\nnot include deletions of programs mandated by the regulations of the\nfederal communications commission, nor shall it include deletions of\nprograms that are distributed by the cable television company in lieu of\nsuch programs deleted pursuant to such regulations of the federal\ncommunications commission.\n