reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.6 - Locating underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an operator's underground
					 facilities are in or within 15 feet of a work area, such facility shall be
					 located, accurately and with due care, by means of staking, marking or other
					 designation in accordance with the provisions of this Subpart.
(b) The following staking and marking
					 requirements shall apply:
(1) stakes or
					 surface markings shall be provided preferably at the center line of the
					 underground facility and at such sufficient intervals as is necessary to
					 indicate clearly the location and direction of run of such underground
					 facility;
(2) all stakes and
					 surface markings shall be color coded in accordance with the provisions of this
					 Subpart in order to identify the type of underground facility so staked or
					 marked;
(3) stakes and surface
					 markings shall indicate in inches the size or diameter of the underground
					 facility or its encasement, if known;
(4) each stake and surface marking shall
					 indicate in inches the depth of the underground facility at that point, if
					 known;
(5) surface markings shall
					 consist of paint, dye or equivalent material which is color coded in accordance
					 with the provisions of this Subpart and which contrasts with the ground or
					 equivalent surface; and
(6) where
					 conditions exist so as to render center line staking or marking impractical or
					 confusing, the operator may indicate the location of an underground facility by
					 means of offset staking or remote tie-in markings which will clearly indicate
					 the location and direction of run of the facility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.7 - Uniform color code

Current through Register Vol. 46, No. 28, July 10, 2024
The following uniform color code shall be utilized for
						staking and marking used to designate the location of underground facilities
						and excavation sites:
(a) Yellow--gas,
					 oil, petroleum products, steam, compressed air, compressed gases and all other
					 hazardous liquid or gaseous materials except water.
(b) Red--electric power lines or
					 conduits.
(c) Orange--communication
					 lines or cables, including but not limited to telephone, telegraph, fire
					 signals, cable television, civil defense, data systems, electronic controls and
					 other instrumentation.
(d)
					 Blue--water.
(e) Green--storm and
					 sanitary sewers including force mains and other nonhazardous
					 materials.
(f) Purple--radioactive
					 materials, reclaimed water, irrigation and slurry line.
(g) White--excavation site.
(h) Pink--survey markings.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.8 - Uniform identification letters

Current through Register Vol. 46, No. 28, July 10, 2024
All staking and marking utilized for the location of
						underground facilities shall contain letter designations which will clearly
						identify the type of underground facility so staked or marked. Such letters
						shall comply with the following code:
(a) C--communication facilities (other than
					 telephone service).
(b)
					 CH--chemicals.
(c) CTV--cable
					 television.
(d) E--electrical
					 power.
(e) FS--fire
					 signals.
(f) G--gas.
(g) HPW--high-pressure water (100 psig or
					 more).
(h) P--petroleum.
(i) PP--petroleum products (naphtha,
					 Gasoline, kerosine and similar products).
(j) S--sewer.
(k) ST--steam.
(l) T--telephone company services.
(m) TC--traffic control signals.
(n) W--water.
(o) O--all other facilities.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.9 - Operator's response to notices of contact or damage, facilities in danger of failing and discovery of unknown underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of a notice from an
					 excavator or a one-call notification system reporting contact or damage to an
					 underground facility, the operator shall immediately inspect such facility and
					 make the necessary repairs or shall advise the excavator that the excavation
					 work may proceed.
(b) Such repairs
					 may be performed by the operator or by others authorized by him or her,
					 including the excavator.
(c) Upon
					 receipt of a notice from an excavator or a one-call notification system of the
					 discovery of an underground facility in danger of failing, the operator shall
					 respond immediately and take any necessary action in regard thereto, and advise
					 the excavator as to whether he or she may proceed in the immediate
					 area.
(d) When an operator has been
					 notified by an excavator or a one-call notification system that an unknown
					 underground facility has been discovered in the course of the excavator's work,
					 such operator shall immediately determine whether or not such discovered
					 facility is his or hers by means of records, on-site inspection or otherwise,
					 and as soon as practicable either:
(1) advise
					 the excavator that the unknown facility is not his or hers; or
(2) if such facility does belong to him or
					 her, advise the excavator on how to proceed and of any special requirements the
					 operator deems necessary.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.10 - Unverifiable underground facilities

Current through Register Vol. 46, No. 28, July 10, 2024
If an excavator notifies an operator that, after diligent
						search at a reasonable depth within the tolerance zone as staked, marked or
						otherwise designated by the operator, that he or she cannot verify the location
						of an underground facility, the operator shall verify such location as soon as
						possible or shall provide the excavator with prompt field assistance or use
						other means mutually agreed to by the excavator and operator. Such agreement
						shall be provided to the excavator upon his or her request.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.11 - Emergency service requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator of an underground facility containing gas
						or liquid petroleum products shall provide means for accepting emergency calls
						and prompt field assistance to such call on a 24 hour-per-day
						basis.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.12 - Requirements concerning demolition

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to responding in accordance with section
						753-4.6(a) 
						of this Subpart, the operator shall attend a pre-demolition conference with the
						excavator upon the excavators request.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.13 - Support and backfilling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Where an underground facility will be disturbed or
						uncovered by excavation or demolition, the operator of such facility shall
						indicate to the excavator any preferred means of support or protection required
						for such facility and any special backfilling requirements or provide any other
						guidance for protection of an underground facility. Such information shall be
						furnished to the excavator before the stated date of commencement of the work,
						if practical.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.14 - Information for design purposes

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall provide a means by which information
						regarding the location of underground facilities can be obtained for design
						purposes. Such means may include, but are not limited to: provision of maps,
						meetings, or marking in accordance with section
						753-4.6 
						of this Subpart and shall be performed within mutually agreed to
						timeframes.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-4 - Duties of Operators › Section 753-4.15 - Consumer education programs

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator of an underground gas pipeline or hazardous
						liquid petroleum facility shall on its own initiative or through a one-call
						notification system conduct a program to educate the public on the possible
						hazards associated with damage to facilities and on the importance of reporting
						gas odors and leaks. The one-call notification system may develop materials
						suitable for use in such programs.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-5 - One-Call Notification Systems › Section 753-5.1 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The total
					 extent of one-call notification systems shall be such in numbers and locations
					 as to provide protection of underground facilities throughout all areas of the
					 State with no geographic overlap of areas served.
(b) Every one-call notification system shall
					 be governed by a not-for-profit corporation in accordance with the minimum
					 requirements contained in the law and in this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-5 - One-Call Notification Systems › Section 753-5.2 - Notice procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Every one-call notification system shall:
(a) Establish an effective notification
					 service for receipt of notices from excavators, including a toll-free telephone
					 number, and for transmission of such notices to every member operator who has
					 underground facilities in or within 15 feet of the work area. Such notices may
					 include:
(1) notice of a planned excavation or
					 demolition;
(2) a request for a
					 pre-construction or pre-demolition conference relating to excavation or
					 demolition work at or near underground facilities; or
(3) a notice of the discovery of an unknown
					 underground facility;
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-5 - One-Call Notification Systems › Section 753-5.3 - System duties

Current through Register Vol. 46, No. 28, July 10, 2024
Each one-call notification system shall perform the
						following duties:
(a) provide highest
					 priority to notices concerning the discovery of underground facilities that
					 have unknown operators or are in danger of failing;
(b) conduct a continuing program to:
(1) inform excavators of the one-call
					 notification system's existence and purpose and their responsibility to notify
					 the one-call notification system of planned excavation and demolition and to
					 protect underground facilities; and
(2) inform operators of the responsibility to
					 participate in the one-call notification system, to respond to a notice
					 relating to a planned excavation and demolition and to designate and mark
					 facilities according to the provisions of this Part; and
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart describes the enforcement authority and
						sanctions of the Public Service Commission for achieving and maintaining
						compliance with this Part. It also describes the procedures governing the
						exercise of that authority and the imposition of those
						sanctions.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.2 - Field citation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon determining that a probable violation of a provision
						of this Part has occurred, the department may issue a field citation to a
						respondent, identifying specific provisions alleged to have been
						violated.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.3 - Warning letter

Current through Register Vol. 46, No. 28, July 10, 2024
Upon determining that probable violation(s) of a
						provision of this Part has occurred or is continuing, the department may issue
						a warning letter notifying the respondent of the probable violation and
						advising him or her to correct it, if it is correctable, and to comply
						henceforth, or be subject to enforcement procedures under this
						Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.4 - Notice of probable violation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the department has reason to believe
					 that a violation of this Part has occurred or is continuing, the department may
					 commence an enforcement proceeding by issuing a notice of probable violation
					 (NOPV).
(b) The NOPV shall include:
(1) a listing of the regulations which the
					 respondent is alleged to have violated, a description of the evidence on which
					 the allegations are based and a copy of the field citation(s), if
					 applicable;
(2) notice of the
					 response options available to the respondent under section
					 753-6.5  of
					 this Subpart;
(3) if a penalty is
					 proposed, the amount of the proposed penalty and the maximum penalty for which
					 the respondent may be liable; and
(4) a proposed consent order pursuant to
					 section
					 753-6.7 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.5 - Respondent's options

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days after issuance of NOPV the respondent
						shall respond in one of the following ways:
(a) sign the consent order and return it with
					 payment of any proposed penalty;
(b) submit a written explanation, information
					 or other material in response to the allegations; or
(c) request an informal conference with
					 department staff.
(d) Failure of
					 the respondent to respond in accordance with subdivision (a), (b) or (c) of
					 this section shall constitute a waiver of its right to contest the allegations
					 in the NOPV and authorizes the commission, without further notice to the
					 respondent, to find the facts to be as alleged in the NOPV and to issue a final
					 order under section
					 753-6.8  of
					 this Subpart.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.6 - Commission proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
					 respondent requests an informal conference, such conference will be conducted
					 by department staff. The respondent shall have the right to be represented by
					 an attorney or other person, and shall have the right to present relevant
					 evidence. Any evidence that department staff may have which indicates that the
					 respondent may have violated this Part shall be made available to the
					 respondent, who shall have the opportunity to rebut this evidence, either at
					 the informal conference, in writing within 30 days following the conference, or
					 by other mutually agreed to arrangements.
(b) Following its review of any material
					 submitted in writing or at an informal conference, the department will compile
					 a case file, which will be the basis for a final order. The case file of an
					 enforcement proceeding shall include:
(1) the
					 field citations, inspection reports and any other evidence of alleged
					 violations;
(2) a copy of the NOPV
					 issued under section
					 753-6.4 
					 of this Subpart;
(3) any material
					 submitted by the respondent in response to the NOPV or at an informal
					 conference; and
(4) a written
					 evaluation and recommendation for a final order.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.7 - Consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notwithstanding any other provision to the contrary, the commission may at any
					 time resolve an outstanding NOPV with a consent order. A consent order shall be
					 signed by the respondent to whom it is issued, or a duly authorized
					 representative, and shall indicate agreement with the terms thereof. A consent
					 order need not constitute an admission that the respondent committed the
					 violation.
(b) A consent order is a
					 final order of the commission having the same force and effect as a final order
					 issued pursuant to section
					 753-6.8  of
					 this Subpart.
(c) A consent order
					 shall not be appealable and shall include an express waiver of appeal or
					 judicial review rights that might otherwise attach to a final order of the
					 commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.8 - Final order

Current through Register Vol. 46, No. 28, July 10, 2024
Based upon the review of a case file consideration of the
						nature, circumstances and gravity of the violation, history of prior
						violations, effect on public health, safety or welfare and such other matters
						as may be required, the commission will issue a final order that
						includes:
(a) a statement of findings
					 and determinations on all material issues; and
(b) if a penalty is assessed, the amount of
					 the penalty and the procedures for payment of the penalty.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-6 - Enforcement Procedures › Section 753-6.9 - Payment of penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Payment of a penalty under this Subpart must be made by certified check or
					 money order payable to the Department of Public Service and sent to the
					 Secretary to the Commission, Three Empire State Plaza, Albany, NY
					 12223-1350.
(b) If a respondent
					 fails to pay the full amount of a penalty assessed in a final order within 30
					 days after receipt of the final order, the commission may refer the case to the
					 Attorney General with a request that an action to collect the assessed penalty
					 be brought in any court of competent jurisdiction.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.60 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Every cable television company shall comply with the
					 customer service and consumer protection standards set forth in this Part.
					 Additional standards not inconsistent with Federal and State law may be
					 established by municipal franchising authorities by a franchise agreement or by
					 the exercise of its police powers consistent with section
					 895.1(l) 
					 of this Title.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.61 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Basic channel
				  shall mean any channel which is provided as part of the service tier.
(b) Billing dispute shall mean a disagreement
				  between a subscriber and cable television company concerning:
(1) credits for payments made by the
				  subscriber to the cable television company;
(2) credit or refund for service
				  outage;
(3) errors in billing
				  amount; or
(4) assessment of late
				  charges.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.62 - Billing practices; billing period

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Every cable television company shall adopt billing practices in compliance with
				  sections
				  890.61
				  through
				  890.66 
				  of this Part and shall provide notice to subscribers in accordance with section
				  890.80(e) 
				  of this Part.
(2) Every cable
				  television company:
(i) shall file copies of
				  its billing practices and payment requirements with the commission;
				  and
(ii) shall maintain copies
				  thereof on file in its local office for public inspection for a period of two
				  years.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.63 - Bill format, late charges, collection charges, reconnect charges and downgrade charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  subscriber bill shall be clear, concise and understandable and shall:
(1)
(i)
				  include the name, address and telephone number of the cable television company;
				  and
(ii) the toll free subscriber
				  assistance telephone number of the commission identified as "Unresolved
				  Inquiries, NYS Public Service Commission" or otherwise as may be approved by
				  the commission upon specific request by a cable company;
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.64 - Billing disputes, auxiliary equipment, credits and refunds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every cable
				  television company shall establish procedures for the prompt investigation of
				  any billing dispute. The procedures shall provide for a period of at least 30
				  days from the date of receipt of the bill for the subscriber to file a timely
				  complaint. The procedures shall provide that the subscriber remit the
				  undisputed portion of the bill in question pending resolution of the portion in
				  dispute and that the subscriber shall be responsible for paying the undisputed
				  portion of current and future bills.
(b) Cable television service shall not be
				  discontinued due solely to nonpayment of the portion in dispute during the
				  period allowed herein for investigation of a billing dispute.
(c) If the billing dispute is not resolved
				  within 30 days of the date it is received by the company, the subscriber may
				  refer the matter to the commission in accordance with the provisions of section
				  890.70 
				  of this Part. If referral is not made within 30 days, the company may commence
				  its disconnection procedures in accordance with section
				  890.66 
				  of this Part.
(d) The cable
				  television company shall retain all billing complaint records for at least one
				  year.
(e) When a cable television
				  company supplies auxiliary equipment such as a converter or other modifying
				  device to a subscriber the company can expect reasonable care of such equipment
				  by the subscriber. A cable television company shall notify the subscriber and
				  the commission in writing of any charges to subscribers for lost, stolen or
				  damaged converters. In the event such equipment is lost, stolen or damaged, and
				  the cable television company seeks to charge the subscriber for such equipment,
				  the company shall give written, dated notice to the subscriber of the amount
				  sought to be collected from the subscriber and the subscriber's opportunity to
				  refer the matter to the commission in accordance with the provisions of section
				  890.70 
				  of this Part.
(f) Refund checks
				  will be issued promptly but no later than:
(1)
				  the subscriber's next billing cycle following a determination that a refund is
				  warranted or 30 days after such determination, whichever is earlier;
				  or
(2) the subscriber's next
				  billing cycle after the return of equipment supplied by the cable company if
				  service is terminated or 30 days after the return of the equipment, whichever
				  is earlier.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.65 - Credit for service outage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Every cable television company shall provide credit to subscribers affected by
				  any service outage in excess of four continuous hours in accordance with
				  subdivisions (b) and (c) of this section. The four-hour period shall commence
				  at the time the cable television company first becomes aware of the service
				  outage.
(b) Whenever a cable
				  television company may reasonably determine the existence and scope of a
				  service outage as, for example, a service outage caused by a major failure in
				  the system's headend or distribution electronic equipment, which service outage
				  exceeds four continuous hours and some part of which occurs during the hours
				  6:00 p.m. to 12:00 a.m., the cable television company shall automatically
				  credit the account of each affected subscriber.
(c) In the event a cable television company
				  cannot determine all subscribers affected by a service outage in excess of four
				  continuous hours or no part of such outage occurs during the hours 6:00 p.m. to
				  12:00 a.m., credit shall be given to any eligible subscriber who makes
				  application therefor by either written or oral notice within 90 days of such
				  service outage.
(d) The minimum
				  credit for a service outage shall be equal to one thirtieth times the
				  applicable monthly charge for each 24-hour period during which a service outage
				  continues for at least four hours.
(e) A cable television company shall be
				  responsible for every service outage except for interruption of programming to
				  provide emergency information to the public using the Emergency Alert System as
				  defined in section
				  896.5  of
				  this Title.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.66 - Discontinuance of service for nonpayment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cable television subscriber shall not
				  be considered delinquent in payment until at least 45 days have elapsed from
				  the mailing of the bill to the subscriber or from the due date, if coupons are
				  used, and payment has not been received by the cable television
				  company.
(b) No cable television
				  company shall physically or electronically discontinue service for nonpayment
				  of bills rendered for service until:
(1) the
				  subscriber is delinquent in payment for cable television service; and
(2) at least five days have elapsed after a
				  separate written notice of impending discontinuance has been served personally
				  upon a subscriber; or
(3) at least
				  eight days have elapsed after mailing to the subscriber a separate written
				  notice of impending discontinuance (for which postage has been paid by the
				  cable television company), addressed to such person at the premises where the
				  subscriber requests billing; or
(4)
				  at least five days have elapsed after a subscriber has either signed for or
				  refused a certified letter (for which postage has been paid by the cable
				  television company), containing a separate written notice of impending
				  discontinuance addressed to such person at the premises where the subscriber
				  requests billing.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.70 - Subscribers' complaints; procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A subscriber complaint will be processed
				  by the commission after the subscriber has first attempted to resolve the
				  particular matter with the cable television company. The procedure with respect
				  to such complaints shall be as follows:
(1) A
				  copy of the complaint together with a written notice requesting a statement
				  concerning the matter described therein shall be served on the cable television
				  company. Within 10 days, or such other period as may be specified in the
				  notice, the cable television company shall submit a written response to the
				  commission and shall serve a copy of said response on the complainant. The
				  response must contain a statement of the action that has been taken to resolve
				  the complaint and/or to preclude any recurrence of the matter complained of. If
				  the subject of the complaint is the failure of the company to provide cable
				  television service to a potential subscriber who has requested service, the
				  commission may require the cable television company to provide, in addition to
				  the information required by this paragraph, a map of the franchised area
				  indicating information requested by the commission.
(2) Complaints received by the commission by
				  telephone shall be recorded and kept on file. Where the nature of a telephone
				  complaint warrants, the commission may request written information from the
				  complainant. In such cases, the commission shall follow the procedure specified
				  in paragraph (1) of this subdivision.
(3) Where numerous complaints are made,
				  concerning a particular cable television company or where it appears that
				  complaints have not been satisfactorily resolved by a particular company, the
				  commission may make further inquiry of said company, which may be formal or
				  informal, and which may include a hearing or oral argument, or both.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.80 - Subscriber notices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rates,
				  programming services and channel positions.
(1) Notice required. Every cable television
				  company shall provide notice to subscribers of:
(i) products and services;
(ii) prices and options for programming and
				  other services and the conditions of subscription to programming and other
				  services; and
(iii) the channel
				  positions of programming carried on the system.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.90 - Telephone availability and answer standards; customer service center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every cable
				  television company shall maintain a local, toll-free or collect call telephone
				  access line which will be available to its subscribers 24 hours a day, seven
				  days a week, provided that after normal business hours, the access line may be
				  answered by an answering service or an automated response system, including an
				  answering machine. Inquiries received after normal business hours must be
				  responded to by a trained company representative on the next business day.
				  Trained company representatives must be available to respond to callers during
				  normal business hours.
(b) Every
				  cable television system, except a small cable television system, under normal
				  operating conditions, shall meet the following telephone answer standards no
				  less than 90 percent of the time, measured on a quarterly basis:
(1) telephone answer time by trained company
				  representatives, including wait-time, shall not exceed 30 seconds from when the
				  connection is made;
(2) if a call
				  needs to be transferred, transfer time shall not exceed 30 seconds;
				  and
(3) callers will receive a busy
				  signal less than three percent of the time.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.91 - Installations, outages and service calls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a service call, is not started
				  within the scheduled appointment window, as established pursuant to paragraph
				  (b)(3) of this section, the subscriber shall not be charged for such service
				  call, including any installation or reconnection scheduled to be performed,
				  unless the service call was rescheduled with the subscriber's consent before
				  the close of business on the business day prior to the day of the scheduled
				  appointment window.
(b) All cable
				  television systems under normal operating conditions, shall meet no less than
				  95 percent of the time, measured on a quarterly basis, the following service
				  standards:
(1) standard installations of up to
				  150 feet from existing aerial distribution plant shall be performed within
				  seven business days after an order is placed unless a subscriber requests a
				  particular date beyond seven business days;
(2) excluding conditions beyond control of
				  the cable company, a cable television system will:
(i) begin working on service interruptions
				  promptly and in no event later than 24 hours after the interruption becomes
				  known; and
(ii) begin actions to
				  correct other service problems the next business day after notification of the
				  service problem or trouble call;
(3) the appointment window alternatives for
				  service calls will be either:
(i) a specific
				  time;
(ii) morning or afternoon
				  hours;
(iii) a four-hour block of
				  time during normal business hours;
(iv) evenings or Saturdays during normal
				  business hours; or
(v) at the
				  option of the cable television company a specific time or block of time outside
				  of normal business hours for the express convenience of the customer;
				  and
(4) if a cable
				  company representative is likely to be late for an appointment with a customer
				  and will not be able to keep the appointment as scheduled, the customer will be
				  contacted. The appointment will be rescheduled, as soon as possible, at a time
				  which is convenient for the customer consistent with paragraphs (1) and (2) of
				  this subdivision.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.92 - Removal of home wiring

Current through Register Vol. 46, No. 28, July 10, 2024
Upon voluntary termination of cable service by a
					 subscriber, a cable television company shall not remove cable home wiring in
					 which it claims ownership unless it gives the subscriber the opportunity to
					 acquire the wiring at the replacement cost, and the subscriber declines. The
					 cost is to be determined based on the replacement cost per foot of the home
					 wiring multiplied by the length in feet of such wiring. If the subscriber
					 declines to acquire the cable home wiring, the cable television company must
					 then remove it within seven days or make no subsequent attempt to remove it or
					 to restrict its use. Every cable television company shall provide notice to
					 subscribers of the provisions of this section in accordance with section
					 890.80(j) 
					 of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 890 - Customer Service And Consumer Protection Standards › Section 890.93 - Negative option promotional practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No cable television company may bill any
				  subscriber for any service not affirmatively requested by the
				  subscriber.
(b) For purposes of
				  this section, a subscriber's affirmative request need not be in writing, but
				  any cable television company relying on an oral affirmative request shall keep
				  records of the date on which, and the employee to whom, the request was
				  made.
(c) For purposes of this
				  section, a subscriber shall be deemed to have affirmatively requested service
				  if:
(1) the subscriber voluntarily makes
				  payment for such service after an initial trial period; and
(2) there was included, in the notice or
				  advertising material describing the service, a statement clearly advising the
				  subscriber that no obligation to pay for such service has been incurred and
				  that no action is necessary to avoid incurring any such obligation.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 891 - Renewal Procedures › Section 891.1 - Intent and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  is the intent of the commission that the rules contained in this Part comply
				  with the provisions of
				  47
				  U.S.C. section 546 relative to franchise
				  renewals. Except as otherwise provided, these rules shall apply to the renewal
				  of every cable television franchise. No renewal of any franchise shall be
				  effective unless it is approved by the commission pursuant to section 222  of the Public Service Law. An
				  application for approval of a renewal shall comply with Part 897 of this Title
				  provided, however, that the filing of a timely application pursuant to Part 897
				  of this Title shall, without further action, extend the applicant's operating
				  rights pending final commission action.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 891 - Renewal Procedures › Section 891.2 - Proposal for renewal of franchise that requires affirmative action by municipality

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Filing requirement. Except as provided in section
				  891.3 
				  of this Part, any cable television company lawfully engaged in the operation of
				  a cable television system pursuant to an existing franchise may submit a
				  proposal for renewal of said franchise in accordance with
				  47
				  U.S.C. section 546(h) at any
				  time. Title
				  47
				  U.S.C. section 546(h) is
				  available for public inspection and copying at the office of the Department of
				  Public Service, Three Empire State Plaza, Albany, NY 12223 and New York State
				  Department of State located at 41 State Street, Albany, NY 12231.
				  47
				  U.S.C. section 546(h) is
				  published in the United States Code by the United States Government Printing
				  Office, Superintendent of Documents, Washington, DC 20402. The proposal shall
				  be submitted to the municipality and a copy shall be served on the commission.
				  The proposal shall encompass the minimum standards for franchises as set forth
				  in Part 895 of this Title. The municipality may, after affording the public
				  adequate notice and opportunity for comment, grant or deny such proposal at any
				  time; provided, however, a municipality may not grant a proposal for renewal
				  except after a public hearing on notice to the public in accordance with State
				  and local laws applicable to public hearings generally, which notice shall also
				  specifically state that the renewal proposal is available for public inspection
				  at the office of the municipal clerk prior to the hearing.
(b) Notwithstanding the provisions of
				  subdivision (a) of this section, and subject to the provisions of subdivision
				  (c) of this section, a municipality shall during the six-month period which
				  commences with the 36th month prior to the expiration of an existing franchise,
				  commence a process which affords the public in the franchise area appropriate
				  notice and participation for the purpose of:
(1) identifying the future cable-related
				  community needs and interests, taking into account the costs of meeting such
				  needs and interests; and
(2)
				  reviewing the performance of the cable television company during the then
				  current franchise term; provided, however, that if during such six-month
				  period, the franchisee requests by written renewal notice submitted to the
				  municipality (with a copy to the commission) the commencement of such a
				  process, the municipality may defer the commencement of the process for a
				  period not longer than six months after the date such notice is received from
				  the franchisee. The process shall be completed on or before the first day of
				  the 15th month prior to the expiration date of the franchise.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 891 - Renewal Procedures › Section 891.3 - Renewals that do not require affirmative action by municipality

Current through Register Vol. 46, No. 28, July 10, 2024
If an existing franchise contains an option to renew in
					 favor of the franchisee, the franchisee may seek commission approval for a
					 renewal pursuant to said option provided that the option is timely exercised
					 and an application to the commission is made within 30 days thereof. An option
					 to renew may not be exercised by the franchisee sooner than 36 months prior to
					 the expiration of the existing franchise.
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 892-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The rules contained in this Subpart apply to all
						amendments of cable television franchises; provided, however, that any
						amendment that would have the effect of extending the duration of a franchise
						shall be deemed a renewal and shall be subject to the provisions of Part 891 of
						this Title.
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 892-1.2 - Commencement of amendment process

Current through Register Vol. 46, No. 28, July 10, 2024
Any cable television company or municipality proposing to
						amend a cable television franchise shall commence the formal amendment process
						by written notice sent to the other party and to the commission. The notice
						shall contain the text or set forth the substance of the proposed
						amendment.