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 898.4 - Right of entry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cable
				  television company shall have the right to enter property of the landlord for
				  the purpose of making surveys or other investigations preparatory to the
				  installation. Before such entry, the cable television company shall serve a
				  notice upon the landlord, or an authorized agent, which notice shall contain
				  the date of the entry and all other information described in section
				  898.3(b) 
				  of this Part. The cable television company shall be liable to the landlord for
				  any damages caused by such entry but such damages shall not duplicate damages
				  paid by the cable television company pursuant to section 228 (1)(a)(3)  of the Public
				  Service Law.
(b) Where the
				  installation of cable television service or facilities is not effected pursuant
				  to a notice served in accordance with section
				  898.3  of
				  this Part, the cable television company may file with the commission a
				  petition, verified by an authorized officer of the cable television company,
				  setting forth:
(1) proof of service of a
				  notice of intent to install cable television service upon the
				  landlord;
(2) the specific location
				  of the real property;
(3) the
				  resident address of the landlord, if known;
(4) a description of the facilities and
				  equipment to be installed upon the property, including the type and method of
				  installation, the anticipated costs thereof, and the measures to be taken to
				  minimize the aesthetic impact of the installation;
(5) the name of the individual or officer
				  responsible for the actual installation;
(6) a statement that the cable television
				  company shall indemnify the landlord for any damage caused in connection with
				  the installation, including proof of insurance or other evidence of ability to
				  indemnify the landlord;
(7) a
				  statement that the installation shall be conducted without prejudice to the
				  rights of the landlord to just compensation in accordance with section
				  898.2  of this
				  Part;
(8) a summary of efforts by
				  the cable television company to effect entry of the property for the
				  installation; and
(9) a statement
				  that the landlord is afforded the opportunity to answer the petition within 20
				  days from the receipt thereof, which answer must be responsive to the petition
				  and may set forth any additional matter not contained in the petition.
				  Participation by the landlord is not mandatory, however, if no appearance by
				  the landlord is made in the proceeding or no answer filed within the time
				  permitted, the commission may grant to the petitioning cable company an order
				  of entry, which order shall constitute a ruling that the petitioning cable
				  television company has complied with the requirements of section 228  of the Public Service Law and the
				  regulations contained in this Part. If the landlord files a written answer to
				  the petition, the cable television company shall have 10 days within which to
				  reply to said answer. The commission may grant or deny the petition, schedule
				  an administrative hearing on any factual issues presented thereby, or direct
				  such other procedures as may be consistent with the installation of cable
				  television service or facilities in accordance with section 228  of the Public Service Law.