2023 New York Laws › PBS - Public Service › Article 11 - Provisions Relating to Cable Television Companies › 225 - Rates.

§ 225. Rates.  1. Except as otherwise provided in this section, and by
federal law and regulation, the rates  charged  by  a  cable  television
company  shall  be those specified in the franchise which may establish,
or provide  for  the  establishment  of  reasonable  classifications  of
service  and  categories  of  subscribers, or charge different rates for
differing services or for subscribers in different categories.
2. Such rates may not be changed except by amendment of the franchise.
3. Notwithstanding subdivision  one  of  this  section,  (a)  no  rate
provision  in  any franchise shall bind a municipality for more than ten
years and no rate provision  in  any  renewed  franchise  shall  bind  a
municipality  for  more  than  five years. In the event that an existing
franchise purports to bind a municipality with respect to  rates  for  a
period  to  expire  after  January first, nineteen hundred eighty-three,
such provision shall have no  further  force  or  effect  after  January
first, nineteen hundred eighty-three; and (b) any rate or rates found by
the  commission,  after public notice and opportunity for hearing, to be
discriminatory or preferential as between subscribers similarly situated
shall thereafter be void. Reduced rates or free service  to  government,
educational  or  charitable  institutions shall not be considered unduly
discriminatory or preferential.
4. In the event the commission finds that any rate  is  discriminatory
or  preferential  pursuant to paragraph (b) of subdivision three of this
section or that any cable television company is in violation of an order
issued by the commission pursuant to section two hundred twenty-four  of
this article requiring adequate service, it may issue an order requiring
the  municipality  and  the  cable television company to provide for new
rates which are  nondiscriminatory  or  nonpreferential  or  reduced  to
reflect the inadequate service, as the case may be.
5.  In  addition  to  other  powers,  the commission may, after public
notice and opportunity for hearing, prescribe rates for cable television
service whenever:
(a) existing rates have been found discriminatory or preferential and,
after reasonable opportunity, the municipality and the cable  television
company  have  not provided for new rates which are nondiscriminatory or
nonpreferential, as provided in subdivision four of this section;
(b) a cable television company is in violation of an order  issued  by
the  commission  pursuant  to  section  two  hundred twenty-four of this
article requiring adequate service and,  after  reasonable  opportunity,
the  municipality and the cable television company have not provided for
new rates reduced to reflect the inadequate service, in which  case  the
commission may require appropriate rate reductions;
(c)   having   reduced   rates  pursuant  to  paragraph  (b)  of  this
subdivision, the commission finds that the cable television company  has
substantially  remedied  the  deficiencies, in which case the commission
shall return the rates to those rates stipulated in the franchise;
(d) upon complaint  by  any  interested  party  and  after  reasonable
opportunity  for negotiation between the municipality and the franchise,
it finds that rates are not established by or pursuant to the  terms  of
the franchise, in which event, the commission shall fix rates at a level
comparable  to rates fixed in comparable franchises requiring comparable
service for comparable service areas; and
(e) upon request by a municipality and cable television  company  that
the  commission  prescribe  applicable rates, made in such manner as the
commission by regulation may prescribe  and  certifying  that  they  are
unable  to agree upon rates to include any franchise or renewal thereof,
in which event the commission shall fix rates at a level  comparable  to
rates   currently   being  fixed  in  cable  television  franchises  for
comparable service in comparable service areas;  provided  that  if  the

municipality  and  the  company  thereafter agree upon rates, such rates
shall become effective.
6. Any cable television company may initiate a civil proceeding within
the  appropriate  courts of this state to collect any rates, charges, or
fees duly imposed in accordance with applicable law, or  to  enjoin  the
procurement   or   reception  of  cable  television  services  from  the
facilities of such cable television company without its consent,  or  to
enjoin  the sale or distribution, to anyone other than the provider of a
telecommunications service for its own  use  in  the  provision  of  its
service,  of any electronic decoder or descrambler, a principal function
of which defeats a mechanism of electronic signal encryption, jamming or
individually addressed switching imposed by such company to restrict the
delivery of its service and to seek  appropriate  monetary  damages  for
such  procurement or reception of cable television services, or the sale
or distribution of such equipment. Upon a showing by a cable  television
company in such a proceeding that such cable television service has been
obtained  without  its  consent, or that such equipment has been offered
for sale or  distribution  to  anyone  other  than  the  provider  of  a
telecommunications  service  for  its  own  use  in the provision of its
service, such cable television company shall be  granted  an  injunction
prohibiting  the  continuation  of such practices and, upon a showing by
such cable television company in  such  a  proceeding  that  such  cable
television  service  has  been  obtained  under circumstances evincing a
knowledge that such service would be obtained  without  payment  of  the
proper  charges  therefor,  or  that such equipment has been offered for
sale or distribution, such company may be awarded such monetary  damages
and  such punitive award as the court in its discretion shall deem to be
just and appropriate for the purposes of  this  subdivision,  (a)  every
cable  television  company is deemed to have consented to the attachment
to an authorized outlet of its facilities by a cable television  service
subscriber  of  such  company,  of  one  television  receiver  which  is
type-accepted by the federal  communications  commission;  and  (b)  the
phrase "electronic decoder or descrambler, a principal function of which
defeats  a  mechanism  of  electronic  signal  encryption,  jamming,  or
individually addressed switching imposed by such company to restrict the
delivery of its service" shall not include any television receiver  type
accepted by the Federal Communications Commission. No person shall sell,
offer  for  sale,  or  distribute to anyone other than the provider of a
telecommunications service for such service provider's own  use  in  the
provision  of  its  service  any  electronic  decoder  or descrambler, a
principal function of which defeats a  mechanism  of  electronic  signal
encryption,  jamming  or  individually  addressed switching imposed by a
cable television company to restrict the delivery of  its  service.  The
proceeding  authorized  by  this  subdivision  shall  be  initiated  and
conducted pursuant to the provisions  of  the  civil  practice  law  and
rules.