N.Y. Comp. Codes R. & Regs. tit. 16 § 890.70

Current through Register Vol. 46, No. 43, October 23, 2024

Section 890.70 - Subscribers' complaints; procedure

(a) A subscriber complaint will be processed by the commission after the subscriber has first attempted to resolve the particular matter with the cable television company. The procedure with respect to such complaints shall be as follows:

(1) A copy of the complaint together with a written notice requesting a statement concerning the matter described therein shall be served on the cable television company. Within 10 days, or such other period as may be specified in the notice, the cable television company shall submit a written response to the commission and shall serve a copy of said response on the complainant. The response must contain a statement of the action that has been taken to resolve the complaint and/or to preclude any recurrence of the matter complained of. If the subject of the complaint is the failure of the company to provide cable television service to a potential subscriber who has requested service, the commission may require the cable television company to provide, in addition to the information required by this paragraph, a map of the franchised area indicating information requested by the commission.

(2) Complaints received by the commission by telephone shall be recorded and kept on file. Where the nature of a telephone complaint warrants, the commission may request written information from the complainant. In such cases, the commission shall follow the procedure specified in paragraph (1) of this subdivision.

(3) Where numerous complaints are made, concerning a particular cable television company or where it appears that complaints have not been satisfactorily resolved by a particular company, the commission may make further inquiry of said company, which may be formal or informal, and which may include a hearing or oral argument, or both.

(b) Every cable television company shall adopt and file with the commission, in writing, its procedures for reporting and the resolution of subscriber complaints which procedures may be in such form and contain such provisions as the company deems necessary, provided they are not in conflict with any procedures, rules or regulations of the commission. Every cable television company shall provide notice to subscribers of such procedures in accordance with section 890.80(f) of this Part.

(c)

(1) The commission may delegate by written notice to any of its officers or employees authority pursuant to this section to investigate, hear and resolve subscriber complaints concerning disputed bills, charges, deposits, service problems and other subscriber-related problems. Such authority shall include the authority to conduct informal hearings. Except in the instance of an appeal by any party, disposition of unresolved complaints will be determined by such officers or employees of the commission as the commission designates to act in its place. In exercising this function, the designated officers or employees may obtain the information required to make a determination by conversation with the complainant or his or her representative, by telephone or in person, supplemented where appropriate by written materials from the complainant, reports or documents from the cable television company (including such data as may be required by the staff at the request of the complainant or on its own initiative); through written complaints similarly supplemented; or through a conference conducted by the designated officer or employee at which the complainant, accompanied and assisted by such friend, advisor or attorney as he or she desires, and company representatives are present. Officers or employees designated to consider complaints will afford both the complainant and the cable television company a fair and reasonable opportunity to present evidence pertinent to the complaint and to challenge evidence submitted by the other party to the dispute. The complainant or cable television company complained of may obtain a determination, including a statement of the reason for the conclusion. The party adversely affected by the determination of the officer or employee designated to consider the complaint may appeal to the commission. Any such appeal shall be in writing filed with the commission within 20 days of receiving notice of the determination and shall set forth the specific basis for claiming error.

(2) After receipt of the response to a complaint, and where the procedures described in paragraph (1) of this subdivision are not applicable or cannot reasonably resolve the issues raised by a complaint, the commission, on its own initiative, the recommendation of staff or the request of the complainant or cable television company, may hold a hearing upon reasonable advance notice to all interested parties.

(3) Pending resolution of a complaint, the commission may require appropriate interim relief to either party. In the case of complaints regarding bills or deposits, the commission, without hearing or formal order, may, and in the absence of unusual circumstances shall, preclude discontinuance of service or the issuance of any notice of discontinuance during the commission's investigation of such complaint, upon such terms and conditions as it deems appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 890.70