2023 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.