NY Pub Serv L § 215 (2021)
2021 New York Laws PBS - Public Service Article 11 - Provisions Relating to Cable Television Companies 215 - Duties of the Commission in Respect to Cable Television Companies.

§ 215. Duties  of  the  commission  in  respect  to  cable  television companies. The commission shall:   1. Develop and maintain a statewide  plan  for  development  of  cable television  services,  setting forth the objectives which the commission deems to be of regional and state concern;   2. To the extent permitted by, and not contrary to applicable  federal law and rules and regulations:  (a)   prescribe   standards   for   procedures   and  practices  which municipalities shall follow  in  granting  franchises,  which  standards shall provide for (i) the issuance of a public invitation to compete for the franchise; (ii) the filing of all franchise applications and related documents  as  public records, with reasonable notice to the public that such records are open to inspection and  examination  during  reasonable business  hours;  (iii) the holding of a public hearing, upon reasonable notice to the public and the commission, at  which  the  applicants  and their  proposals  shall  be  examined  and  members  of  the  public and interested parties are afforded  a  reasonable  opportunity  to  express their  views  thereon;  (iv)  the  rendition  of a written report by the municipality, made available to the public, setting  forth  the  reasons for  its  decision  in  awarding  the  franchise;  and  (v)  such  other procedural standards as the commission may deem necessary or appropriate to assure maximum public participation and competition  and  to  protect the public interest;  (b) prescribe minimum standards for inclusion in franchises, including maximum  initial and renewal terms; minimum channel capacity; provisions regarding access to,  and  facilities  to  make  use  of,  channels  for education  and  public  service  programs;  a  requirement  that no such franchise may  be  exclusive;  standards  necessary  or  appropriate  to protect  the  interests  of viewers of free broadcast television and the public generally, which prohibit or  limit  cable  television  companies from  prohibiting  or  entering  into agreements prohibiting the sale or other transfer of rights for the simultaneous or subsequent transmission over free broadcast television of any program originated or  transmitted over  cable  television;  and  such  other  standards  for  inclusion in franchises as the commission shall  deem  necessary  or  appropriate  to protect the public interest;  (c)  prescribe  standards  by  which  the  franchising authority shall determine whether an applicant possesses (i) the technical ability, (ii) the  financial  ability,  (iii)  the  good  character,  and  (iv)  other qualifications  necessary  to  operate  a cable television system in the public interest;  (d) prescribe standards for the construction and  operation  of  cable television  systems,  which  standards  shall be designed to promote (i) safe,  adequate  and  reliable  service   to   subscribers,   (ii)   the construction  and  operation  of  systems  consistent with most advanced state of the art, (iii) a construction schedule  providing  for  maximum penetration  as  rapidly  as possible within the limitations of economic feasibility,  (iv)  the  construction  of  systems  with   the   maximum practicable  channel capacity, facilities for local program origination, facilities to provide service in areas conforming to  various  community interests,  facilities  with  the technical capacity for interconnection with other systems within regions as  established  in  the  commission's statewide  plan  and  facilities  capable  of  transmitting signals from subscribers to the cable television company or to other points; and  (v) the prompt handling of inquiries, complaints and requests for repairs;   3.  Provide  advice  and  technical  assistance  to municipalities and community  organizations  in  matters  relating  to   cable   television franchises and services;    4.  Establish minimum specifications for equipment, service and safety of cable television systems for use by municipalities;   5.  Review  and act upon applications for certificates of confirmation in accordance with such standards as hereinafter provided;   6. Represent the interests of the  people  of  the  state  before  the federal communications commission and other appropriate federal agencies and  make  available  information  on communications developments at the federal level;   7.   Stimulate   and   encourage   cooperative   arrangements    among organizations,  institutions  and  municipalities  in the development of regional, educational,  instructional  and  public  affairs  programming services;   8. Cooperate with municipalities to facilitate undertaking of multiple community cable television systems;   9. Encourage the creation of public and community groups, to organize, seek  chartering  when  appropriate,  and  request  franchising  for the establishment of public, nonprofit and not-for-profit  cable  television operations;   10. Maintain liaison with the communications industry and parties both public  and  private,  having  an  interest  therein,  other  states and agencies of this state to promote the rapid  harmonious  development  of cable  television  services as set forth in the legislative findings and intent;   11.  Undertake  such  studies  as  may  be  necessary  to   meet   the responsibilities and objectives of this article;   12.  Implement  the  provisions  of  this article in a manner which is cognizant of the differing financial and administrative capabilities  of companies of different sizes;   13.  Encourage  and  cooperate  with other state agencies that collect information from cable  television  companies  serving  fewer  than  one thousand subscribers to eliminate duplicative reporting requirements.