reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-1 - Amendments › Section 892-1.3 - Public hearing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 cable television franchise may be amended except after a public hearing on
					 notice to the public in accordance with State and local laws applicable to
					 public hearings generally. This provision shall not be deemed to require an
					 additional hearing in those cases in which a hearing is otherwise required by
					 applicable provisions of law.
(b)
					 In addition to satisfying other applicable requirements, the notice of public
					 hearing shall indicate the subject of the proposed amendment and state that a
					 copy of the proposed amendment is available for public inspection at the office
					 of the municipal clerk prior to the hearing. The notice shall also state that
					 the amendment, if approved by the municipality, may not take effect without the
					 prior approval of the commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-1 - Amendments › Section 892-1.4 - Commission approval required

Current through Register Vol. 46, No. 28, July 10, 2024
No amendment to any cable television franchise shall be
						effective without the prior approval of the commission upon application in
						accordance with the provision of section
						897.3 
						of this Title, unless the order shall otherwise provide. The effective date of
						the amendment shall be the date the commission issued an
						order.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.1 - Intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 623
					 of the Cable Communications Policy Act of 1984, as amended by section 3 of the
					 Cable Television Consumer Protection and Competition Act of 1992, and codified
					 in
					 47 USC section
					 543, provides for the regulation by State and
					 local franchising authorities of the rates charged for basic cable service by
					 cable television companies not subject to effective competition. Section 623
					 has been implemented by rules and regulations adopted by the Federal
					 Communications Commission and published at    47 CFR sections 76.900    et seq. The
					 purpose and intent of this Subpart is to provide rules applicable to the
					 regulation of rates for basic cable service in the State of New York by
					 municipalities and the commission consistent with the Federal rules and
					 regulations in 47 CFR sections 76.900 et seq.
(b) This subdivision shall apply to all
					 references to the Code of Federal Regulations (CFR) contained herein. The
					 applicable provisions of the CFR are available for public inspection and
					 copying at the offices of the Department of Public Service, Three Empire State
					 Plaza, Albany, NY 12223 and the New York State Department of State located at
					 41 State Street, Albany, NY 12231. 47 CFR sections 76.900 et seq. were
					 published in the Federal Register, volume 58, No. 97, May 21, 1993 at pp.
					 29753-29768, together with
					 47
					 CFR section 0.459 were published by the
					 United States Government Printing Office, Superintendent of Documents,
					 Washington, DC 20402.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Basic cable
					 service, or basic service, or basic service tier shall mean the tier of cable
					 service that shall include, as a minimum, all signals of domestic television
					 broadcast stations provided to any subscriber (except a signal secondarily
					 transmitted by satellite carrier beyond the local service area of such station,
					 regardless of how such signal is ultimately received by the cable system), any
					 public, educational and governmental channels required by the franchise or
					 commission rules and may include any additional video programming signals as
					 determined by a cable television company.
(b) Cable programming service shall mean any
					 video programming provided over a cable system, regardless of service tier,
					 including installation or rental of equipment used for the receipt of such
					 video programming, other than:
(1) video
					 programming carried on the basic service tier as defined in this
					 section;
(2) video programming
					 offered on a pay-per-channel or pay-per-program basis; or
(3) a combination of multiple channels of
					 pay-per-channel or pay-per-program video programming offered on a multiplexed
					 or time-shifted basis so long as the combined service:
(i) consists of commonly identified video
					 programming; and
(ii) is not
					 bundled with any regulated tier of service.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.3 - Effective competition

Current through Register Vol. 46, No. 28, July 10, 2024
Only the rates for basic cable service of a cable
						television system that is not subject to effective competition as defined in
						47
						CFR section 76.905 may be regulated by a
						municipality or the commission. In the absence of a demonstration to the
						contrary, cable systems are presumed not to be subject to effective
						competition.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.4 - Municipal election

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 municipality shall determine whether the rates charged for basic cable service
					 and associated equipment by one or more cable television companies franchised
					 to provide cable service therein will be regulated in accordance with the
					 provisions of   47 CFR sections 76.900   et seq. Pursuant to this section, a
					 municipality may:
(1) elect to undertake such
					 rate regulation itself, or jointly in conjunction with one or more
					 municipalities served by the same cable television system; or
(2) elect to have the commission undertake
					 such rate regulation; or
(3) elect
					 that no such regulation is warranted at the time the initial election is made.
A municipality shall make an initial election pursuant to
						this section on or before February 28, 1994, provided, however, that if no
						election is made by such date, the commission may undertake such rate
						regulation or other action as may be necessary consistent with the public
						interest.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.5 - Reversal of election

Current through Register Vol. 46, No. 28, July 10, 2024
A municipality may, at any time, alter an initial
						election in the same manner required for such initial election, provided, that
						it shall provide prompt notice thereof to the commission and to any cable
						television company affected thereby and further provided that in any case where
						the commission regulates rates, any such change shall not take effect during
						the pendency of a ratemaking proceeding.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.6 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 ratemaking proceeding shall be conducted and decided in accordance with the
					 regulations of the FCC and the provisions of this section not inconsistent
					 therewith; provided, however, that a municipality which elects to regulate
					 rates itself, or jointly with one or more other municipalities, may adopt and
					 administer additional regulations with respect to the rates for the basic
					 service tier that are consistent with the regulations of the FCC and may adopt
					 additional procedures applicable to the submission and consideration of views
					 of interested parties. A municipality which adopts such additional regulations
					 or procedures shall file a copy thereof with the commission.
(b) A ratemaking proceeding shall be deemed
					 commenced:
(1) when a cable television company
					 is served by a municipality or the commission with the written notice described
					 in
					 47 CFR section
					 76.910(e)(2); or
(2) after such written notice has been served
					 on a cable television company, and provided that certification remains in
					 effect, upon receipt by a municipality or the commission of a notice of any
					 proposed increase or decrease in the rates for basic cable service and
					 associated equipment.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.7 - Notice of rate increases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 cable television company shall provide written notice to subscribers of any
					 increase in the rates for cable services at least 30 days before any proposed
					 increase is effective. The notice to subscribers should include the name and
					 address of the commission and the municipality.
(b) A cable television company shall provide
					 written notice to the commission and the municipality at least 30 days before
					 any proposed increase in the rates for cable services is effective.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.8 - Notification of basic service tier availability

Current through Register Vol. 46, No. 28, July 10, 2024
A cable television company shall provide written
						notification to subscribers of the availability of basic cable service by
						November 30, 1993, or three billing cycles from September 1, 1993, and to new
						subscribers at the time of installation. This notification shall include the
						following information:
(a) that a
					 basic service tier is available;
(b) the cost per month for the basic service
					 tier; and
(c) a list of all
					 services included in the basic service tier.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 892 - Amendment Procedures › Subpart 892-3 - Procedures Applicable to Rate Regulation Pursuant to 47 CFR Sections 76.900 › Section 892-3.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or the application of
						such provision to any circumstances is held invalid for any reason whatsoever,
						the remainder of this Subpart or the application of the provision to other
						circumstances shall not be affected thereby.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of sections
					 894.1
					 through
					 894.4 
					 of this Part shall apply only to the award of an initial franchise by a
					 municipality that does not qualify for the alternative procedure in section
					 894.9 
					 of this Part and in which no cable system is operating, and no open video
					 system has been certified by the FCC to operate. The provisions of sections
					 894.5
					 through
					 894.8 
					 of this Part shall apply to all franchise applications, whether or not
					 requested by a municipality, and to municipal action once an application is
					 received. No cable television franchise shall be effective unless a certificate
					 of confirmation has been issued by the commission pursuant to section 221  of the Public Service Law. An
					 application for a certificate of confirmation shall comply with Part 897 of
					 this Title.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.1 - Cable television advisory committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Designation.
Upon receipt of a formal request for a franchise, a
					 municipality shall, and at any other time a municipality may, designate a cable
					 television advisory committee (hereinafter referred to as advisory committee)
					 which, insofar as possible, shall be broadly representative of the
					 community.
(b)
Notification.
Not more than 10 days after designating an advisory
					 committee, the municipality shall:
(1)
				  notify the commission of its action which notification shall include the names
				  of those individuals designated to serve on the advisory committee and the
				  address at which the advisory committee may receive communications;
				  and
(2) take such action as it
				  deems appropriate to advise residents of the municipality that it has
				  designated an advisory committee and to ensure that such residents have an
				  opportunity to participate in the franchising process.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.2 - Final report of advisory committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  advisory committee shall submit a final written report to the municipality
				  within 90 days of its designation containing:
(1) a description of the characteristics of
				  the cable system deemed best suited to the needs and interests of the
				  municipality; and
(2) a "Request
				  for Proposals", in compliance with section
				  894.3  of
				  this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.3 - Request for proposals

Current through Register Vol. 46, No. 28, July 10, 2024
A request for proposals shall contain, but need not be
					 limited:
(a) a description of the
				  cable television system desired by the municipality, including any system
				  specifications established by the municipality;
(b) a statement specifying the form that all
				  applications shall follow;
(c) a
				  statement indicating the amount of the application fee (if any) to be submitted
				  with the application, and the manner in which such fee is to be
				  submitted;
(d) a statement that all
				  applications must contain the information required by section
				  894.5 
				  of this Part;
(e) the closing date
				  for the submission of applications (which shall be the same as that contained
				  in the public notice); and
(f) the
				  name, address and telephone number of the municipal official(s) who may be
				  contacted for further information.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.4 - Invitation of applications; public notice of request for proposals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  municipality shall invite applications for a cable television franchise by
				  means of a public notice advertising the availability of its requests for
				  proposals. The public notice shall contain, but need not be limited to:
(1) a description of the political or
				  geographic boundaries of the area for which a franchise is sought;
(2) a statement that a formal request for
				  proposals is available to prospective applicants from a municipal officer whose
				  name, address and telephone number are specified;
(3) a statement that applications for a
				  franchise must be submitted in writing in the form and manner specified in the
				  request for proposals no later than a day certain (which date shall be not less
				  than 60 days from the date of final publication of the public notice);
				  and
(4) a statement that all
				  applications will be made available for public inspection during normal
				  business hours at a specified location.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.5 - Application for franchise

Current through Register Vol. 46, No. 28, July 10, 2024
Every application submitted to a municipality for a cable
					 television franchise shall include, in addition to such other information as
					 may be required by the municipality by a request for proposals or
					 otherwise:
(a) A description of the
				  cable television system proposed to be constructed which description shall
				  contain, but need not be limited to, information regarding:
(1) channel capacity, including both the
				  total capability of the proposed system and the number of channels to be
				  energized immediately;
(2)
				  television and radio broadcast signals which the applicant intends to carry on
				  its system initially;
(3) extent
				  and type of any origination cablecasting to be undertaken, and the facilities,
				  equipment and staff to be employed therein; and
(4) system layout or design, including where
				  applicable:
(i) location of antennae and
				  headend(s);
(ii) plans for two-way
				  capability, including a proposed schedule indicating when two-way capability
				  will become available from particular points;
(iii) location of origination points and
				  origination facilities;
(iv) extent
				  and type of automated services to be provided; and
(v) number of channels to be utilized for
				  access cablecasting, and the facilities, equipment, staff and other support to
				  be available to access users including access utilization or production
				  costs.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.6 - Investigation and due diligence required

Current through Register Vol. 46, No. 28, July 10, 2024
The municipality shall use due diligence to investigate and
					 assess the technical ability, financial condition, and character of every
					 applicant and, in particular, to ascertain the operating record and reputation
					 of any applicant who owns or operates, or whose principals own or operate cable
					 television systems elsewhere.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.7 - Public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The municipality shall conduct a public hearing prior to
					 awarding any cable television franchise. The hearing shall be preceded by
					 reasonable notice to each of the franchise applicants, to the public, and to
					 each person that holds a franchise from, or provides cable service in the
					 municipality, to be franchised, and shall be conducted by the legislative body
					 of the municipality or other duly authorized body in accordance with the
					 following procedures:
(a) There shall
				  be an agenda for the hearing which shall specify the proposal(s) to be
				  considered at the hearing.
(b)
				  Every person who has applied for a cable television franchise shall appear at
				  the hearing either in person or by authorized representative. The application
				  of any applicant not so appearing shall not be further considered, except for
				  good cause shown.
(c) All persons,
				  entitled to notice pursuant to this section, shall be given full opportunity to
				  participate in the hearing and to ask questions of any applicant or participant
				  in the hearing, but nothing contained herein shall limit the power of the
				  presiding officer to establish reasonable time limits and otherwise limit
				  repetitive statements or questions.
(d) The notice of hearing shall:
(1) conform to all relevant State and local
				  laws and ordinances;
(2) describe
				  the agenda to be considered at the public hearing; and
(3) indicate that copies of all franchise
				  applications are available for public inspection during normal business hours
				  at a place to be specified in the notice.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.8 - Timing and manner of award of franchise

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality may award one or more
				  franchises within its jurisdiction. A municipality may not unreasonably refuse
				  to award an additional competitive franchise.
(b) Notwithstanding the number of
				  applications for a cable television franchise which have been received, the
				  municipality shall either award or deny each application within a period of six
				  months from the public hearing held pursuant to section
				  894.7 
				  of this Part. The failure of the municipality to act within this period shall
				  be deemed a denial of all cable television franchise applications before such
				  municipality at such time.
(c) A
				  municipality shall exercise due diligence to prepare a franchise agreement
				  consistent with the needs and interests of the residents of the municipality
				  and the standards of section
				  895.1 
				  of this Title.
(d) If a franchise
				  application is denied the municipality shall include in the resolution the
				  reasons for the denial.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 894 - FRANCHISING PROCEDURES › Section 894.9 - Alternative franchising procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding anything to the contrary
				  in this Part, compliance with the provisions of sections
				  894.1
				  through
				  894.4 
				  of this Part will not be required of any municipality and cable television
				  company authorized to use the alternative franchising procedure. Such
				  authorization shall be granted by the secretary or, in the secretary's absence,
				  the counsel to the commission, upon a showing that the criteria set forth in
				  subdivision (b) of this section have been satisfied.
(b) In order to be eligible for the
				  alternative franchising procedure described in subdivision (a) of this section
				  there must be no existing cable system serving the proposed franchise area and
				  the municipality must have contacted all cable television companies (if any)
				  serving municipalities within a 25-mile radius of the proposed service area and
				  determined that only one company is interested in providing the service, and
				  the municipality must have served notice on all contiguous municipalities of
				  its intention to grant a franchise pursuant to the alternative franchising
				  procedure if authorized to do so by the commission.
(c) In the event the municipality is
				  authorized to and does employ the alternative franchising procedure, the
				  following requirements shall be met:
(1) The
				  municipality shall cause a notice to be published in the official newspaper(s)
				  of the municipality, within 30 days of receipt of authorization from the
				  commission to utilize the alternative franchising procedure, stating:
(i) that the municipality has received
				  approval from the commission to utilize the alternative franchising procedure;
				  and
(ii) that an application for a
				  franchise containing the information specified in section
				  894.5 
				  of this Part must be submitted by any interested cable television company by a
				  date certain which shall be at least 15 days prior to the public hearing held
				  pursuant to section
				  894.7 
				  of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 895 - Franchise Standards › Section 895.1 - Required contents of franchises

Current through Register Vol. 46, No. 28, July 10, 2024
A franchise will be confirmed or approved by the commission
					 only if it contains provisions in substantial compliance with the
					 following:
(a) Recitations indicating
				  that:
(1) the franchisee's technical ability,
				  financial condition, and character were considered and approved in a full
				  public proceeding affording due process;
(2) the franchisee's plans for constructing
				  and operating the cable television system were considered and found adequate
				  and feasible in a full public proceeding affording due process;
(3) the franchise complies with the
				  commission's franchise standards; and
(4) the franchise is nonexclusive.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 895 - Franchise Standards › Section 895.2 - Additional terms and conditions permitted

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any franchise may contain such additional
				  terms and conditions as the municipality and the franchisee deem appropriate,
				  provided such additional terms and conditions are consistent with all Federal
				  and State laws, rules, regulations and orders.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 895 - Franchise Standards › Section 895.3 - Level playing field

Current through Register Vol. 46, No. 28, July 10, 2024
No municipality may award or renew a franchise for cable
					 television service which contains economic or regulatory burdens which when
					 taken as a whole are greater or lesser than those burdens placed upon another
					 cable television franchise operating in the same franchise
					 area.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 895 - Franchise Standards › Section 895.4 - Minimum standards for public, educational and governmental (peg) access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) The term public access channel means a
				  channel designated for noncommercial use by the public on a first-come,
				  first-served, nondiscriminatory basis.
(2) The term educational access channel means
				  a channel designated for noncommercial use by school districts and
				  not-for-profit educational institutions chartered or licensed by the New York
				  State Education Department or Board of Regents.
(3) The term government access channel means
				  a channel designated for noncommercial use by municipal, county and State
				  government, or agencies thereof.
(4) The term public, educational, or
				  governmental (PEG) access facilities means:
(i) channel capacity designated for
				  noncommercial public, educational or governmental use; and
(ii) facilities and equipment for the
				  noncommercial use of such channel capacity.
(5) The term local use means use by residents
				  of the State of New York including school districts and not-for-profit
				  educational institutions and municipal, county and State governments, or
				  agencies thereof.
(6) The term
				  access cablecast day means a day or part thereof during which public,
				  educational or governmental access facilities are available for PEG
				  use.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 895 - Franchise Standards › Section 895.5 - Requirements for construction of cable television plant and provision of cable television services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions.
(1) Primary service area shall
				  include each of the following within the franchised area:
(i) those areas where cable television plant
				  has been built without a contribution-in-aid-of-construction by
				  subscribers;
(ii) those areas where
				  the cable television company is obligated by the terms of its franchise to
				  provide cable television service without a contribution-in- aid-of-construction
				  by subscribers;
(iii) any area
				  adjoining an area described in subparagraph (i) or (ii) of this paragraph and
				  which contains dwelling units at a minimum rate of 35 dwelling units per linear
				  mile of aerial cable;
(iv) any area
				  adjoining an area described in subparagraphs (i) and (ii) of this paragraph and
				  which contains at least the same number of dwelling units per linear mile of
				  aerial cable as is the average number of dwelling units per linear mile of
				  cable in areas described in subparagraphs (i) and (ii) of this paragraph. The
				  average is to be determined by dividing the sum of the dwelling units in areas
				  described in subparagraphs (i) and (ii) of this paragraph by the number of
				  linear miles of cable in the same areas.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 896 - Technical Performance And Safety Standards › Section 896.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to ensure the delivery of safe,
					 adequate and reliable cable television service to subscribers throughout the
					 State in a manner consistent with subpart K of the rules and regulations of the
					 Federal Communications Commission,
					 47 C.F.R. section
					 76.601 et seq. The applicable provisions of
					 the C.F.R. referenced in this Part are available for public inspection and
					 copying at the offices of the Department of Public Service, Three Empire State
					 Plaza, Albany, New York 12223 and the New York State Department of State
					 located at 41 State Street, Albany, New York 12231.
					 47 C.F.R.
					 76.601 et seq. was published in the Federal
					 Register, Volume 59, No. 93, May 16, 1994 at pp. 25339-25434 by the Unites
					 States Government Printing Office, Superintendent of Documents, Washington, DC
					 20402. In furtherance of this objective, the commission intends to exercise its
					 jurisdiction and responsibility to the fullest extent permitted by article 11
					 of the Public Service Law consistent with applicable Federal law and
					 rules.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 896 - Technical Performance And Safety Standards › Section 896.2 - Safe and reliable service

Current through Register Vol. 46, No. 28, July 10, 2024
Construction of cable television systems shall comply with
					 all relevant safety codes including electric or other public utility codes for
					 joint use of pole lines or underground facilities. Other local construction
					 codes and municipal and State laws and ordinances may also apply to the
					 construction and maintenance of cable television systems. Particular attention
					 is called to appropriate sections of the National Electric Code as published by
					 the National Fire Protection Association concerning the grounding and bonding
					 of subscriber drop cables at building entry points, as referenced in section
					 10.3 
					 of this Title.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 896 - Technical Performance And Safety Standards › Section 896.3 - Technical standards; performance tests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cable television systems are expected to
				  be designed, installed and operated in compliance with the technical standards
				  in
				  47 C.F.R. section
				  76.605 and cable television companies are
				  expected to conduct all performance tests as required by
				  47 C.F.R.
				  76.601.
(b) Pursuant to
				  47 C.F.R. section
				  76.601(a), every cable
				  television company shall be prepared to demonstrate to the commission that its
				  system complies with the Federal technical standards.
(c) Pursuant to
				  47 C.F.R. section
				  76.601(c), every cable
				  television company shall maintain performance test data at its local office and
				  shall make such test data available for inspection by the commission upon
				  request.
(d) Pursuant to
				  47 C.F.R. section
				  76.601(d), the commission
				  may order a cable television company to perform additional tests, repeat tests
				  or tests involving specified subscriber terminals in order to ensure compliance
				  with Federal technical standards at all subscriber terminals; provided,
				  however, that no additional testing shall be required except after notice to
				  the cable television company of signal quality problems and the opportunity
				  during a period of 30 days to correct such problems and to come into compliance
				  with applicable rules.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 896 - Technical Performance And Safety Standards › Section 896.4 - Service complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Pursuant to
				  47 C.F.R. section
				  76.607, and in accordance with section
				  890.70
				  of this Title, service complaints from subscribers about the quality of
				  television signals shall be addressed initially to the commission prior to
				  referral to the Federal Communications Commission. Cable television companies
				  shall establish a process for resolving complaints about service quality and
				  shall maintain such complaints for a period of one year. Aggregate data based
				  upon such complaints shall be made available for inspection by the commission
				  and municipal franchising authorities upon request.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 896 - Technical Performance And Safety Standards › Section 896.5 - Emergency alert system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All cable
				  television systems are required to meet all applicable Federal requirements for
				  the provision of Emergency Alert System capability in order to alert citizens
				  in the event of emergencies as defined under the rules of the Federal
				  Communications Commission and Federal Emergency Management Agency.
(b) Cable television systems shall activate
				  their Emergency Alert System equipment upon receipt of any official State or
				  local government warning of a direct and immediate threat to life and property
				  in the area served. Such EAS alerts need only be transmitted in the general
				  geographic area of a cable system that is specified in the warning.
(c) The Department of Public Service will
				  monitor the participation of cable television systems in the Emergency Alert
				  System. Activation of the Emergency Alert System shall not constitute a service
				  interruption or service outage for purposes of this Title.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 896 - Technical Performance And Safety Standards › Section 896.6 - Other records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cable
				  television systems shall maintain an up to date map or other technical records
				  showing the physical location of all cable routes, service areas, receive sites
				  and other interconnection points. The scale of the maps and other technical
				  information shall be of such detail as to permit a determination of franchise
				  areas and subscribers served.
(b)
				  All cable television systems are required to maintain technical information and
				  records regarding incidents that may have affected public safety. Cable systems
				  shall also maintain a record of all Emergency Alert System tests and alerts
				  received as well as a record of the EAS transmission sent out to the cable
				  system. Records may include automatically generated EAS logs. These records
				  shall be maintained for two years.
(c) All information required to be maintained
				  pursuant to this section shall be available for inspection at the local office
				  of the cable television company upon request of the Department of Public
				  Service or a municipal franchising authority.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of Part 17 of this Title,
					 except section
					 17.2,
					 and provided that at least an original of such petition will be filed with the
					 secretary, applications under sections 221 or
					 222  of the Public Service Law shall conform
					 to the requirements of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.2 - Certificate of confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a certificate of confirmation shall set
					 forth and include:
(a) the applicant's
				  name, mailing address and telephone number, the municipality to be served, and
				  the date service commenced or will commence, as the case may be;
(b) a true copy of the franchise agreement
				  together with proof of the public hearing and a copy of the resolution
				  authorizing the franchise;
(c) true
				  copy of all documents submitted by the franchisee to the municipality as part
				  of, or in support of, its application for a franchise;
(d) full facts as to the ownership of the
				  cable television system;
(e) full
				  facts as to the technical specifications and design of the system and whether,
				  and to what extent, the applicant intends to engage in origination cablecasting
				  and access cablecasting;
(f)
				  whether, and to what extent, the proposed operation would be in violation of,
				  or in any way inconsistent with, any Federal or State law or
				  regulation;
(g) proof of service of
				  a copy of the application upon the clerk of the municipality and proof of
				  publication of notice of the application to the commission in a newspaper of
				  general circulation in the municipality, which notice shall state the
				  opportunity for interested parties to file comments with the commission within
				  10 days of publication.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.3 - Franchise renewal or amendment

Current through Register Vol. 46, No. 28, July 10, 2024
An application for approval of a franchise renewal or
					 franchise amendment shall include:
(a)
				  the applicant's name, mailing address and telephone number and the name of the
				  municipality for which the franchise has been issued;
(b) whether affirmative municipal action was
				  required, for the renewal or amendment at issue, and if so, proof that such
				  action was taken, including a true copy of said renewal or amendment and proof
				  of the public hearing that preceded such municipal action;
(c) proof of service of a copy of the
				  application upon the clerk of the municipality and proof of publication of
				  notice of the application to the commission in a newspaper of general
				  circulation in the municipality, which notice shall state the opportunity for
				  interested parties to file comments with the commission within 10 days of
				  publication.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.4 - Transfers

Current through Register Vol. 46, No. 28, July 10, 2024
An application shall be filed, in accordance with the
					 requirements of section
					 3.5 
					 of this Title, with the secretary for approval of a transfer of control of a
					 franchise or cable television system and shall include:
(a) the applicant's name, mailing address and
				  telephone number;
(b) whether the
				  proposed transfer is an asset transfer or stock transfer, and, in either case,
				  a list of each franchise, including the name of the municipality that granted
				  the franchise and the date thereof;
(c) a copy of the purchase and sale
				  agreement;
(d) whether pursuant to
				  the terms of the franchise, the proposed transfer requires municipal approval
				  and, if so, a statement that the applicant has requested or will request
				  approval by the municipality and will provide a copy of any municipal
				  resolution adopted relative to such request; and
(e) a copy of FCC form 394.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.5 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth procedures in addition to those
					 contained in 6 NYCRR Part 617, which are necessary for the commission's
					 implementation of the State Environmental Quality Review Act. The terms used in
					 this Part have the meanings given them in 6 NYCRR 617.2, unless the context
					 requires otherwise.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.6 - Types of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Type 1
				  actions (which are more likely to require the preparation of environmental
				  impact statements then those unlisted actions) are listed in 6 NYCRR 617.4.
				  Type II actions (which have been determined not to have a significant, adverse
				  effect on the environment) are listed in 6 NYCRR 617.15 and in subdivision (b)
				  of this section. Neither new programs, nor major changes in priorities with
				  respect to policies, regulations and procedures are included.
(b) The adoption of policies, regulations and
				  procedures constitutes the undertaking of a type II action if it relates to:
(1) routine administration and management of
				  the commission's functions, including but not limited to rules establishing
				  procedures for the orderly conduct of business before the commission;
(2) practices by cable companies concerning
				  administration and management of cable company functions, including but not
				  limited to rules relating to:
(i) cable
				  company reports;
(ii) the uniform
				  system of accounts; and
(iii)
				  transfers of assets and/or control;
(3) practices by cable companies concerning
				  customer relations, such as, but not limited to, rules governing:
(i) technical standards and
				  requirements;
(ii) complaint
				  procedures;
(iii) billing
				  practices;
(iv) limitation of
				  liability; and
(v) landlord-tenant
				  relationships;
(4)
				  activities by cable companies concerning testing, inspection, repair and
				  maintenance of existing facilities; or
(5) safety measures for design, testing
				  operation and maintenance of cable facilities, including rules governing the
				  reporting of signal levels and leakage.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 897 - Applications For Commission Approval › Section 897.7 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  application for a certificate of confirmation should be accompanied by a report
				  of the environmental impact of the proposed approval. Such report shall be in
				  the form set forth in 6 NYCRR 617.9.
(b) If the commission directs the preparation
				  of an environmental impact statement, the statement shall conform with the
				  requirements set forth in 6 NYCRR 617.9.
(c)
(1) The
				  responsibility for preparation of the environmental reports shall be with the
				  applicant for approval.
(2)
				  Notwithstanding the requirement that the applicant prepare a report on
				  environmental impact, each party proposing an alternative for adoption by the
				  commission shall, at the time a proposal is submitted, present a statement of
				  its views as to the likely environmental impact of the alterative it has
				  proposed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.1 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in section
					 898.2  of this
					 Part, no landlord shall demand or accept any payment from any cable television
					 company in exchange for permitting cable television service or facilities on or
					 within said landlord's property or premises.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.2 - Just compensation

Current through Register Vol. 46, No. 28, July 10, 2024
Every landlord shall be entitled to the payment of just
					 compensation for property taken by a cable television company for the
					 installation of cable television service or facilities. The amount of just
					 compensation shall be determined by the commission in accordance with section 228 (1)(b)  of the Public
					 Service Law upon application by the landlord pursuant to section
					 898.5 
					 of this Part.