N.Y. Public Service Law § 211: Statement of policy

§ 211. Statement of policy. While cable television serves in part as

an extension of interstate broadcasting, its operations involve public

rights-of-way, municipal franchising, and vital business and community

service, and, therefore, are of state concern; while said operations

must be subject to state oversight, they also must be protected from

undue restraint and regulation so as to assure cable systems with

optimum technology and maximum penetration in this state as rapidly as

economically and technically feasible; municipalities and the state

would benefit from valuable educational and public services through

cable television systems; the public and the business community would

benefit if served by cable channels sufficient to meet the needs of

producers and distributors of program and other communication content

services; many municipalities lack the necessary resources and expertise

to plan for and secure these benefits and to protect subscribers and

other parties to the public interest in franchise negotiations; the

cable television industry is in a period of rapid growth and corporate

consolidation and should proceed in accord with regional and statewide

service objectives; and the cable television industry, notwithstanding

its unique attributes, is part of an increasingly integrated

communications industry, the soundness of which is essential to the

state's economic growth and general welfare.

There is, therefore, a need for a state agency to determine state

communications policy; to ensure that cable television companies provide

adequate, economical and efficient service to their subscribers, the

municipalities within which they are franchised and other parties to the

public interest; to oversee the development of a cable television

industry responsive to community and public interest, consonant with

federal regulations and statutes; and to oversee the development of the

communications industry as a whole and to encourage the endeavors of

public and private institutions, municipalities, associations and

organizations in developing programming for the public interest.

The public service commission is the agency best suited to oversee

development of the cable television industry in this state in accordance

with a statewide service plan and consistent with state communications

policy generally; to review the suitability of practices for franchising

cable television companies to protect the public interest; to set

standards for cable television systems and franchise practices; to

assure channel availability for municipal services, educational

television, program diversity, local expression and other program and

communications content services; to provide consultant services to

community organizations and municipalities and franchise negotiations;

and, to stimulate the development of diverse instructional, educational,

community interest and public affairs programming with full access

thereto by cable television companies, educational broadcasters and

public and private institutions operating closed circuit television

systems and instructional television fixed services.