2023 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.