NY Pub Serv L § 224-A (2021)
2021 New York Laws PBS - Public Service Article 11 - Provisions Relating to Cable Television Companies 224-A - Consumer Protection.

§ 224-a. Consumer  protection.  1.  Notification  of commission. Every cable television company shall notify  the  commission  of  any  network change  or  significant  programming  change  no  later  than  the later occurring of forty-five days prior to the network change or  significant programming  change  or  five  business  days after the cable television company first knows of such change.   2. Notification of subscribers. (a)  Every  cable  television  company shall  notify  each  of its subscribers who are receiving the network of programming subject to change or are affected by  a  network  change  or significant  programming  change  of such change no later than the later occurring of thirty-days prior to such change or thirty days  after  the cable television company first knows of such change.  (b)  Such notice shall be given to each affected subscriber in any one of the following forms:  (1) (i) by the mailing of separate written notice to the  subscriber's billing address of record;  (ii) by a written notation printed on the subscriber's regular billing statement; or  (iii)  by  a  written  notice  accompanying  the  subscriber's regular billing statement.  (2) Such notice shall also promptly be given by  a  written  on-screen visual  message prominently displayed on the affected television program channel or channels, and on the program listing  channel  of  the  cable system,  if  one is provided, at least once each hour for no less than a thirty-day period.  (c) Upon application of a cable television company, the commission may order that no notice need be provided pursuant to this subdivision  upon a  written  finding  under standards to be promulgated by the commission that a change was not a network change or significant programming change as defined in subdivisions thirteen and fourteen of section two  hundred twelve of this article.  (d) Upon application of a cable television company, the commission may order  that  an applicable form of notice as defined in paragraph (b) of this subdivision or notice period as provided for in  paragraph  (a)  of this  subdivision  be  changed  for  a particular notice, upon a written finding that such an order is in the best interests of  the  subscribers or  is  otherwise  warranted for reasons of practicality. Upon a written finding that a cable television company's compliance  with  subparagraph two  of paragraph (b) of this subdivision is technically unfeasible, the commission may grant to such company a general waiver of compliance. Any cable television company granted  a  general  waiver  pursuant  to  this paragraph  shall  notify  the commission within three days if compliance becomes technically feasible.  (e) Upon application of a subscriber  or  upon  its  own  motion,  the commission  may order that a particular notice be sent to subscribers as the commission shall determine to be appropriate. The  commission  shall make such order only upon finding that the subscribers who shall receive notice  thereunder  are  receiving the network or programming subject to the change or will be affected by  the  network  change  or  significant programming change.  (f) Notification under this subdivision shall include a description of the subscriber's rights under this section, as applicable.   3.  Failure  to  give  notice.  If a cable television company fails to comply with the notice requirements of subdivision two of this  section, any  subscribers  affected  thereby  may  downgrade  or  terminate their service without charge at any time up to thirty-days after the  date  on which  proper  notice  of  such change is provided and such downgrade or  termination shall be deemed effective for billing purposes on  the  date of such change.   4.  Rate,  programming,  service  and  equipment information. (a) Each cable television company shall provide to each of its subscribers at the time of the initial subscription and at least semi-annually thereafter a written description, materially accurate as of  the  first  day  of  the previous  month,  of  all  programming and other services offered on the cable television system and of the rates and charges  relating  to  such programming  and  other services; provided however, that with respect to the  provision  of  such  description  to  new  subscribers  the   cable television  company  shall  also  provide  any  notices required by this article not included in such written description that have been provided to current subscribers as of the date of the initial subscription.  Such written   description   shall,  in  addition,  contain  a  statement  of significant rights accorded the subscriber pursuant to this article  and any  other  law,  or rules and regulations promulgated pursuant thereto, such statement to be in a form approved by, or  at  the  option  of  the cable  television  company,  prepared  and  revised  as appropriate on a quarterly basis, by the commission. The commission may extend  the  time within  which  a  cable  television  company  must  make its semi-annual mailing where such an extension is in the  interest  of  such  company's subscribers  or is otherwise warranted for reasons of practicality. Upon a finding that a cable television company bills its subscribers only  on an  annual  basis  by  use  of a coupon book, and makes no other regular mailing to subscribers more often than quarterly, the  commission  shall allow  such cable television company to mail such written description to its subscribers annually.  (b) Each cable television company shall provide  to  each  person  who requests  information  concerning rates, programming, service charges or procedures,  or  who  requests  any  change  of   service,   a   written description,  materially  accurate  as  of the first day of the previous month, of the programs and services offered and of the rates and charges relating to such programs and services. Such written description  shall, in  addition,  contain  a  statement  of significant rights accorded the subscriber pursuant to this article and any  other  law,  or  rules  and regulations promulgated pursuant thereto, such statement to be in a form approved  by, or at the option of the cable television company, prepared and revised as appropriate on a quarterly basis, by the commission.  Any person who makes such a request in person to a cable television customer service  representative or salesperson must immediately be supplied with a copy of such written description. Any person who makes  a  request  by telephone  must  be supplied with such written description sent by first class mail within ten business days of such request.  (c) Each cable television company shall provide each customer  service representative  and  each  salesperson  with  copies of the most current written description and shall advise them of the  requirements  of  this section.   5. Downgrade and termination following notice of a network change or a significant  programming change. Where an affected subscriber, following receipt of the notice required under paragraph (a) of subdivision two of this section, elects in  person,  in  writing  or  by  telephone  within forty-five  days  of receiving such notice to have service terminated or to downgrade, no charge may be imposed by the cable  television  company for such downgrade or termination.   6. Discontinuance of significantly promoted programming. (a) All cable television  companies shall maintain for one year or such longer period, not to exceed three years, as the commission shall  deem  necessary  for the enforcement of this section, and make available to the commission on  request,  copies  of  all  advertisements,  lists or other notifications regarding programming sent to or made available to the public.  (b)  Any  cable television company which promotes repeatedly, and in a significant manner, the availability of a network on its  basic  service tier and within a period of six months following such promotion, makes a network  change  by moving such network from the basic service tier to a more expensive service tier, shall:  (1) for a period of ninety days  immediately  following  such  network change, provide oral and written notification prior to any commitment to subscribe and prior to installation, that such network is not available, or is not offered at the service tier where it was previously available, or was advertised as being available; and  (2)  offer  to  all  affected  subscribers who request modification of service  within  thirty  days   following   notification   pursuant   to subdivision  two of this section and who commenced their subscription to the  basic  service  tier  within  the  ninety  day  period  immediately preceding  the  final day of such promotion or immediately preceding the date on which such network was moved to the premium tier,  whichever  is earlier,  or who commenced their subscription prior to the date on which such network was moved but within  the  ninety  day  period  immediately following  the  final  day  of  such  promotion  and provide to all such subscribers: either (i) refunds of all installation, upgrade, and  other one time charges, imposed on such subscribers within six months prior to such  moving of such network, upon request by an affected subscriber for termination of service, or (ii) (A) an  upgrade  at  no  charge  to  the premium  service  tier  which  carries such network, and (B) the premium service tier which carries such network at no charge for the time period between the last day of the promotion and six months hence.  (c) Where any cable television company promotes repeatedly, and  in  a significant  manner,  the  availability  on  the basic service tier of a network which is subject to the notice requirements of  subdivision  two of  this section and, within six months of such promotion, fails, except in circumstances described in paragraph (b) of this subdivision, to make available such network as promoted, and the discontinued network was (1) a substantial inducement to a significant number of subscribers, and (2) continues to be reasonably available to the  cable  television  company, such  cable  television  company  shall,  within  thirty  days following notification pursuant to subdivision two of this section, offer  to  all affected  subscribers  who  commenced  their  subscription  to the basic service tier within the ninety  day  period  immediately  preceding  the final  day  of such promotion or immediately preceding the date on which such network was discontinued, whichever is earlier,  or  who  commenced their  subscription  prior  to  the  date  on  which  such  network  was discontinued but within the ninety day period immediately following  the final  day  of  such promotion, and upon the request of such subscribers provide: either (i) a termination of  service  and  the  refund  of  all installation,  upgrade,  and  other  one  time  charges, imposed on such subscribers within six  months  prior  to  the  discontinuance  of  such network,  or  (ii)  the  continuation  of  service  and  a credit to all subscribers  who  request  such  credit  equal  to  a  portion  of   the subscriber's  basic  service tier charges for each month or portion of a month that such network is not available in the period of  time  between the  last  day  of the promotion and six months hence, provided however, that any such subscriber who elects to receive such a  credit  of  basic service  tier  changes  and  who  disputes the amount of such credit may petition the commission for a higher amount of credit within thirty days of the offer of credit made by the cable television  company.  Upon  any such  petition  the  commission shall determine the amount of credit, if  any, which shall be provided to all qualified  subscribers  unless  such group  relief  is  unreasonable in the circumstances. In determining the amount of the credit, if any, to be provided to such  subscribers  by  a cable  television company, the commission shall fix a fair and equitable amount.   In  fixing  such  fair  and  equitable  amount  the  commission  shall consider:  (I)  the  nature,  type,  frequency and impact of any notices provided subscribers that may have provided warning that such a network might  be removed  or  replaced  or  lack  of  such  notice, (II) the value to the affected subscribers of such network, (III) the  relative  cost  to  the cable  television  company  of such network as determined from published network rate cards, (IV) the value to subscribers, and the cost  to  the cable  television company, of any network which has been substituted for the terminated network or provided in lieu  of  such  network,  (V)  the availability   or   nonavailability,   at  no  additional  cost  to  the subscriber, of any continuing program or network offerings which may  be similar  in  type  or nature to that provided by the terminated network, and (VI) the nature, type, frequency and impact of the promotion by  the cable  television company of the terminated network and, (VII) any other factor  which  the  commission  shall  expressly  find  to   be   fairly applicable.  Notwithstanding any other provision of this subdivision, in no event shall the commission require that such a credit be  made  by  a cable  television  company  in  an  amount  to  exceed  thirty-three and one-third percent of the basic service tier charges billed  or  billable to  the subscriber who requests such credit for each month or portion of a month that the subject network is not available in the period of  time between  the  last  day  of  the  promotion and six months hence. If the commission is prevented by law from considering some  or  all  of  these factors  the remainder of this subdivision shall continue in effect. For purposes of this paragraph, the term "credit" shall mean  an  amount  of money  payable  to a subscriber under the terms of this paragraph, which amount may be paid, at the option of the cable  television  company,  in the form of a reduction in monthly service charges over a period of time not to exceed six months.  (d)  Where  an  affected  subscriber  following receipt of any written notice required under subdivision two  of  this  section  that  concerns change  of  a  network  on a premium service tier, elects in writing, by telephone or in person no later than thirty days  after  receiving  such notice  to  have service terminated or to downgrade, such subscriber may demand (1) a rebate of all installation, upgrade,  and  other  one  time charges   relating  to  such  premium  service  tier,  imposed  on  such subscriber within six months prior to  the  subject  network  change  or programming  change,  and  (2)  a rebate of monthly service charges that already have been paid by such subscriber for, and only for,  each  such cable  television  service  or  subscription tier or level affected by a network change or programming change, provided however, that such rebate shall be limited to the prorated amount  already  paid  for  the  period following the date of such network change or programming change.  (e)   (1)  For  purposes  of  this  subdivision,  the  term  "promotes repeatedly and  in  a  significant  manner"  and  the  term  "reasonably available"   shall  have  such  meanings  as  the  commission  shall  by regulation determine.  (2) In any proceeding before the commission to determine  whether  the provisions  of  this  subdivision  have  been  complied  with, where the question  of  whether  the  availability  or  promotion  of  a   network constituted  a  substantial  inducement  to  subscribers  is raised, the commission shall consider: (i) the nature, type, frequency and impact of  the promotion of such network, and (ii) the nature, type, frequency  and impact  of any reasonably prominent notices provided to subscribers that may have  provided  warning  that  such  network  might  be  deleted  or replaced.  (3)  In  addition  to  any  other defenses that may be available under statutory or common law, it shall be an affirmative defense to any claim of rebate pursuant to paragraph (b) or (c) of this subdivision that  the notification  or  advertisement  that  is  claimed to have substantially induced the subscriber: (i) was on a national or  regional  network  and did  not  mention  any  specific cable company, and (ii) that such cable television company  did  not  authorize,  request,  suggest,  foster  or cooperate  in making such notification or advertisement, and (iii) there was no material relationship between the cable television  company,  any of  its  officers, or any shareholders owning ten percent or more of its stock and the company making the advertising, any of  its  officers,  or any  shareholders  owning  ten  percent  or more of its stock except for relationships between or among such companies, officers, or shareholders for the purchasing of programming.  (4) In any determination made  by  the  commission  pursuant  to  this subdivision,  the  commission  shall set forth the factors it considered and the significance given to such factors, including,  where  relevant, those  factors  listed  in  this  subdivision,  and  the reasons for its decision. Such requirement may not be waived by any party or counsel.   7. (a) Whenever, upon complaint or upon  its  own  motion,  and  after giving  public  notice  and  an  opportunity  for  a  public evidentiary hearing, which accords due process to the cable television company,  the commission  finds  that a cable television company has not complied with any  provision  of  this  section,  the  commission  shall  order   such compliance  therewith  and  may  order  such  penalty  as is hereinafter provided.  (b) A determination of the commission, after the procedures set  forth in  paragraph  (a)  of  this subdivision have been complied with, that a cable television company has failed to comply with any provision of this section shall be considered a violation of subdivision  one  of  section two  hundred  twenty-seven-a  of  this  article,  and shall subject such company to the  imposition  of  a  money  forfeiture  pursuant  to  said subdivision.  Upon  a  determination  by  the  commission, upon adequate record evidence, that  a  cable  television  company  has  willfully  or intentionally  violated  the  provisions of this section, or that such a company has repeatedly violated such provisions so as to permit  a  fair inference  of  a  willful  or intentional violation by such company, the commission may direct such company to forfeit to the state of New York a sum to be set by the commission not to exceed three thousand dollars for each such violation. If,  in  any  twenty-four  month  period,  a  cable television  company  violates  subdivision two or six of this section on two separate  occasions,  such  conduct  shall  constitute  prima  facie evidence of repeated, willful violations.  (c)  Nothing  in this subdivision shall be construed to impair, alter, limit, modify, enlarge,  abrogate  or  restrict  any  right  granted  by statutory or common law to the attorney general or any other person.   8.  Other  consumer protection regulations. The commission shall adopt such other rules and  regulations,  providing  consumer  protections  to customers  of  cable  television  companies,  as  the  commission  deems necessary and proper. The regulations shall include, but not be  limited to,   provisions   governing   applications  for  service,  termination, reconnection of service,  customer  notice,  late  payment  charges  and customer complaints.