N.Y. Public Service Law § 224: Requirement for adequate service

§ 224. Requirement for adequate service. 1. Every cable television

company shall provide safe, adequate and reliable service in accordance

with applicable laws, regulations, and franchise requirements.

2. Whenever, upon complaint or upon its own motion, and after public

notice and opportunity for hearing, the commission finds that, despite

its economic feasibility, the construction or operation of a franchised

or certificated cable television system has been unreasonably delayed or

that the extension of service to any persons or areas within a cable

television company's territory has been unreasonably withheld, it may

order such construction, operation or extension on such terms and

conditions as it deems reasonable and in the public interest.

3. Whenever, upon complaint or upon its own motion and after public

notice and opportunity for hearing, the commission finds that a cable

television company is not meeting the service requirements and

obligations imposed by this article, by the regulations promulgated

hereunder or by its franchise, it may order compliance therewith on such

terms and conditions as it deems reasonable and in the public interest.

4. In a city with a population of more than one million, the

commission shall designate areas where significant inconsistent

installations of cable television systems may be proposed, and, as

appropriate, conduct public hearings in such areas. The commission shall

also conduct such other proceedings as are necessary to determine

whether such inconsistent installations will have an adverse impact on

the character of said areas and are warranted by economic and technical

circumstances. The commission may order or permit construction by a

cable television company of its facilities in an inconsistent manner

only upon such terms and conditions as shall ensure the availability of

cable television service to the largest number of potential subscribers

consistent with the character of the community and economic and

technical feasibility. The commission shall enjoin construction which it

determines is contrary to the intent of this subdivision.

5. Failure to comply with an order of the commission issued under

subdivisions two, three or four of this section shall be grounds for

denial, suspension or revocation of the right to exercise a franchise or

to operate pursuant to a certificate of confirmation.