N.Y. Public Service Law § 212: Definitions

§ 212. Definitions. The words and phrases used in this article shall

have the following meanings unless a different meaning clearly appears

in the context.

1. "Cable television company," shall mean any person owning,

controlling, operating, managing or leasing one or more cable television

systems within the state.

2. "Cable television system" shall mean any system which operates for

hire the service of receiving and amplifying programs broadcast by one

or more television or radio stations or any other programs originated by

a cable television company or by any other party, and distributing such

programs by wire, cable, microwave or other means, whether such means

are owned or leased, to persons in one or more municipalities who

subscribe to such service. Such definition does not include: (a) any

system which serves fewer than fifty subscribers; or (b) any master

antenna television system.

3. "Franchise" shall mean and include any authorization granted by a

municipality in terms of a franchise, privilege, permit, license or

other municipal authorization to construct, operate, maintain, or manage

a cable television system in any municipality.

4. "Gross annual receipts" shall mean any and all compensation

received directly or indirectly by a cable television company from its

operations within the state, including but not limited to sums received

from subscribers or users in payment for programs received and/or

transmitted, advertising and carrier service revenue and any other

moneys that constitute income in accordance with the system of accounts

approved by the commission.

Gross annual receipts shall not include any taxes on services

furnished by a cable television company imposed directly on any

subscriber or user by any municipality, state, or other governmental

unit and collected by the company for such governmental unit.

5. "Master antenna television system" shall mean any system which

serves only the residents of one or more apartment dwellings under

common ownership, control or management, unless such system uses

facilities located in a public right of way to provide service.

6. "Municipality" shall mean any village, town, city or county not

wholly contained within a city in the state.

7. "State agency" shall mean any office, department, board,

commission, bureau, division, public corporation, agency or

instrumentality of the state.

8. "Person" shall mean any individual, trustee, partnership,

association, corporation or other legal entity.

9. "Program" shall mean any broadcast type program, signal, message,

graphics, data, or communication content service.

10. "Downgrade" shall mean a change in service initiated by the

subscriber to a less expensive service tier than the one currently

subscribed to.

11. "Network" shall mean a group of programs distributed, packaged,

promoted or sold to subscribers as the offering of a single entity,

including but not limited to, a channel or station.

12. "Service tier" shall mean a category of cable television services

or other services provided by a cable television company and for which a

rate or fee is charged by the cable television company, including, but

not limited to, basic services, premium networks or services, recurring

pay-per-view services and other categories of cable services for which

there are additional charges.

13. "Network change" shall mean the removal of a network from a

service tier whether or not added to another tier or a substantial

alteration of the character of a network by a cable television company

or an affiliate it controls. Notwithstanding the foregoing, the addition

of a network to a service tier for promotional purposes where such

purpose is clearly disclosed to the subscriber and is for a period of

time not exceeding thirty-one days, the subsequent deletion of such

network after the termination of the promotion, shall not be a "network

change".

14. "Significant programming change" shall mean the removal or

alteration of recurring programming which materially changes the quality

or level of programming on a network, provided however, such term shall

not include deletions of programs mandated by the regulations of the

federal communications commission, nor shall it include deletions of

programs that are distributed by the cable television company in lieu of

such programs deleted pursuant to such regulations of the federal

communications commission.