NY Pub Serv L § 216 (2021)
2021 New York Laws PBS - Public Service Article 11 - Provisions Relating to Cable Television Companies 216 - Powers of the Commission in Respect to Cable Television Companies.

§ 216. Powers  of  the  commission  in  respect  to  cable  television companies. 1. The commission may promulgate, issue,  amend  and  rescind such  orders,  rules  and  regulations  as  it  may  find  necessary  or appropriate to carry out the purposes  of  this  article.  Such  orders, rules  and  regulations  may  classify  persons  and  matters within the jurisdiction of the commission and prescribe different requirements  for different  classes  of  persons or matters. A copy of any order, rule or regulations promulgated hereunder shall be subject to public  inspection during reasonable business hours.   2.  The  commission may require cable television companies to maintain and file such reports,  contracts  and  statements,  including  but  not limited  to  ownership,  accounting,  auditing and operating statements, engineering reports and other data as the commission may deem  necessary or  appropriate  to  administer  the  provisions  of  this  article. The commission,  including  members  of  its  staff,  may  make   reasonable inspections  of  the  records  and  facilities  of  any cable television company.   3. The commission may  examine,  under  oath,  all  officers,  agents, employees  and  stockholders  of any cable television company, municipal officials and any other persons and compel the production of papers  and the  attendance  of  witnesses  to  obtain  the information necessary to administer the provisions of this article.   4. (a) The commission may require and receive from any agency  of  the state  or  any political subdivision thereof such assistance and data as may be necessary to enable the commission to administer  the  provisions of this article.  (b)  The  commission may enter into such cooperative arrangements with the board of regents, the council on the arts, other state agencies  and municipalities,  each  of  which is hereby authorized to enter into such cooperative arrangements, as shall be necessary or appropriate to assure that  there  will  be  maximum  utilization  of  existing  expertise  in communications  technology,  cable television operations and programming and that the purposes of this article will be effectively  accomplished. Upon  request  of  the  commission, any state agency may transfer to the commission such officers  and  employees  as  the  commission  may  deem necessary from time to time to assist the commission in carrying out its functions  and  duties.  Officers and employees so transferred shall not lose their civil service status or rights.   5. The commission  shall  have  and  may  exercise  all  other  powers necessary or appropriate to carry out the purposes of this article.   * 6.  No  cable  television  company  shall  terminate  or  disconnect services provided over their infrastructure  to  a  residential  service customer  or  a  small  business  customer  with  twenty-five  or  fewer employees that is not a (a)  publicly  held  company,  or  a  subsidiary thereof,  (b)  seasonal,  short-term,  or  temporary  customer,  or  (c) customer that the cable  television  company  can  demonstrate  has  the resources  to  pay  the bill, provided that the cable television company notifies  the  small  business  customer  of  its  reasons  and  of  the customer's  right to contest this determination through the commission's complaint procedures, for the non-payment of an overdue charge  for  the duration  of  a  state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the  COVID-19 state  of  emergency").  Cable television companies shall have a duty to restore service, to the extent not already required under this  chapter, at  the  request  of  any  residential or small business customer within forty-eight hours  if  such  service  has  been  terminated  during  the pendency  of  the  COVID-19 state of emergency and disconnection of such service was due to non-payment of an overdue charge, provided,  however,  that cable television companies shall not be required to restore service to  any  residential or small business customer if such service had been terminated prior to the effective date of this subdivision.   * NB Repealed July 1, 2022   * 7. For a period of one hundred eighty days after either the COVID-19 state  of  emergency  is lifted or expires or December thirty-first, two thousand twenty-one, whichever is earlier, no cable  television  company shall   terminate   or   disconnect   services   provided   over   their infrastructure to a  residential  or  small  business  customer  account because of defaulted deferred payment agreements or arrears then owed to the cable television company when such customer has experienced a change in  financial  circumstances,  as  defined by the department, due to the COVID-19 state of emergency. The cable television company shall  provide such  residential  or  small  business  customer with the right to enter into,  or  restructure,  a  deferred  payment  agreement   without   the requirement  of  a  down  payment,  late  fees,  or penalties, with such prohibition on down payments, late fees, or penalties applicable to  all arrears incurred during the pendency of the COVID-19 state of emergency.   * NB Repealed July 1, 2022   *8. Every cable television company shall provide notice to residential or  small  business  customers  in  a writing to be included with a bill statement or, when  appropriate,  via  electronic  transmission  of  the provisions  of this section and shall further make reasonable efforts to contact  customers  who  have  demonstrated  a   change   in   financial circumstances  due to the COVID-19 state of emergency for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this section and article two of this chapter.   * NB Repealed July 1, 2022   * 9. Implementation of  the  provisions  of  this  section  shall  not prohibit  a  cable  television  company from recovering lost or deferred revenues after either the lifting or expiration of the COVID-19 state of emergency or December thirty-first, two thousand  twenty-one,  whichever is  earlier,  pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of  the  provisions of  this  article.  Nothing  in  this  section  shall  prohibit  a cable television company from  disconnecting  service  at  the  request  of  a customer.  Nothing  in  this  section  shall prohibit a cable television company from disconnecting service when it is necessary to  protect  the health and safety of customers and the public.   * NB Repealed July 1, 2022   * 10.   Every  cable  television  company  shall  be  subject  to  the jurisdiction of  the  commission  for  the  purposes  of  enforcing  the provisions  of  subdivisions  six, seven, eight and nine of this section pursuant to sections twenty-four, twenty-five  and  twenty-six  of  this chapter, and any other applicable provision of this chapter.   * NB Repealed July 1, 2022