N.Y. Public Service Law § 215: Duties of the commission in respect to cable television companies

§ 215. Duties of the commission in respect to cable television

companies. The commission shall:

1. Develop and maintain a statewide plan for development of cable

television services, setting forth the objectives which the commission

deems to be of regional and state concern;

2. To the extent permitted by, and not contrary to applicable federal

law and rules and regulations:

(a) prescribe standards for procedures and practices which

municipalities shall follow in granting franchises, which standards

shall provide for (i) the issuance of a public invitation to compete for

the franchise; (ii) the filing of all franchise applications and related

documents as public records, with reasonable notice to the public that

such records are open to inspection and examination during reasonable

business hours; (iii) the holding of a public hearing, upon reasonable

notice to the public and the commission, at which the applicants and

their proposals shall be examined and members of the public and

interested parties are afforded a reasonable opportunity to express

their views thereon; (iv) the rendition of a written report by the

municipality, made available to the public, setting forth the reasons

for its decision in awarding the franchise; and (v) such other

procedural standards as the commission may deem necessary or appropriate

to assure maximum public participation and competition and to protect

the public interest;

(b) prescribe minimum standards for inclusion in franchises, including

maximum initial and renewal terms; minimum channel capacity; provisions

regarding access to, and facilities to make use of, channels for

education and public service programs; a requirement that no such

franchise may be exclusive; standards necessary or appropriate to

protect the interests of viewers of free broadcast television and the

public generally, which prohibit or limit cable television companies

from prohibiting or entering into agreements prohibiting the sale or

other transfer of rights for the simultaneous or subsequent transmission

over free broadcast television of any program originated or transmitted

over cable television; and such other standards for inclusion in

franchises as the commission shall deem necessary or appropriate to

protect the public interest;

(c) prescribe standards by which the franchising authority shall

determine whether an applicant possesses (i) the technical ability, (ii)

the financial ability, (iii) the good character, and (iv) other

qualifications necessary to operate a cable television system in the

public interest;

(d) prescribe standards for the construction and operation of cable

television systems, which standards shall be designed to promote (i)

safe, adequate and reliable service to subscribers, (ii) the

construction and operation of systems consistent with most advanced

state of the art, (iii) a construction schedule providing for maximum

penetration as rapidly as possible within the limitations of economic

feasibility, (iv) the construction of systems with the maximum

practicable channel capacity, facilities for local program origination,

facilities to provide service in areas conforming to various community

interests, facilities with the technical capacity for interconnection

with other systems within regions as established in the commission's

statewide plan and facilities capable of transmitting signals from

subscribers to the cable television company or to other points; and (v)

the prompt handling of inquiries, complaints and requests for repairs;

3. Provide advice and technical assistance to municipalities and

community organizations in matters relating to cable television

franchises and services;

4. Establish minimum specifications for equipment, service and safety

of cable television systems for use by municipalities;

5. Review and act upon applications for certificates of confirmation

in accordance with such standards as hereinafter provided;

6. Represent the interests of the people of the state before the

federal communications commission and other appropriate federal agencies

and make available information on communications developments at the

federal level;

7. Stimulate and encourage cooperative arrangements among

organizations, institutions and municipalities in the development of

regional, educational, instructional and public affairs programming

services;

8. Cooperate with municipalities to facilitate undertaking of multiple

community cable television systems;

9. Encourage the creation of public and community groups, to organize,

seek chartering when appropriate, and request franchising for the

establishment of public, nonprofit and not-for-profit cable television

operations;

10. Maintain liaison with the communications industry and parties both

public and private, having an interest therein, other states and

agencies of this state to promote the rapid harmonious development of

cable television services as set forth in the legislative findings and

intent;

11. Undertake such studies as may be necessary to meet the

responsibilities and objectives of this article;

12. Implement the provisions of this article in a manner which is

cognizant of the differing financial and administrative capabilities of

companies of different sizes;

13. Encourage and cooperate with other state agencies that collect

information from cable television companies serving fewer than one

thousand subscribers to eliminate duplicative reporting requirements.