N.Y. Comp. Codes R. & Regs. tit. 16 § 890.80

Current through Register Vol. 46, No. 51, December 18, 2024

Section 890.80 - Subscriber notices

(a) Rates, programming services and channel positions.

(1) Notice required. Every cable television company shall provide notice to subscribers of:

(i) products and services;

(ii) prices and options for programming and other services and the conditions of subscription to programming and other services; and

(iii) the channel positions of programming carried on the system.

(2) Form and content of notice.

(i) Notice shall be provided:

(a) to new subscribers at the time of installation;

(b) to any subscriber who requests a change in service;

(c) to all subscribers at least semi-annually; provided, however, that any cable television company that bills subscribers only by coupon book and does not provide regular mailings to subscribers at least quarterly may provide such notice to subscribers on an annual basis; and

(d) to any person who requests such information.

(ii) Notice shall be in writing and:

(a) shall be provided immediately where a request is made in person; or

(b) shall be provided by first class mail sent within 10 business days of the date of any request made by telephone or in writing.

(iii) The notice shall contain a description, materially accurate as of the first day of the previous month, of all service tiers and the networks provided thereon and the rates and charges therefor and other services or products offered to subscribers and the rates and charges for such other services and products. The notice shall also include a statement of significant rights accorded to the subscribers pursuant to section 224-a of the Public Service Law and the regulations promulgated by the commission. Such statement shall be in a form as approved by the commission. In addition, notice to new subscribers shall include a copy of any notice which has been sent to current subscribers pursuant to subdivisions (a)-(c) of this section within the previous 60 days.

(3) Changes.

(i) Every cable television company shall provide notice to subscribers of any changes in rates, programming services or channel positions as soon as possible through announcement on the cable system and in writing. Notice of any increase in the rates for the basic service tier or associated equipment must be provided to subscribers at least 30 days in advance. Notice of other such changes must be given to subscribers 30 days in advance if such change is within the control of the cable television company. For purposes of this paragraph announcements on the cable system shall mean a written, on-screen message on the affected channel(s), or program listing channel, or such other channel as may be used for the dissemination of written messages to subscribers.

(ii) If a change in programming services or channel positions constitutes either a "significant programming change" as defined in subdivision (b) of this section or a "network change" as defined in subdivision (c) of this section, the cable television company shall also provide the notice as described in such subdivision.

(b) Significant programming change.

(1) Definitions. For purposes of this section:

(i) a 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 terms 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;

(ii) a 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; and

(iii) 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.

(2) Notice required. Every cable television company shall provide notice of a significant programming change to the commission and to subscribers affected thereby.

(3) Notice to commission. Notice shall be provided to the commission no later than the later occurring of 45 days prior to the effective date of the change or within five business days of the date upon which the cable television company first knows of such change. The notice shall specify the recurring programming affected by the change, whether such recurring programming was, or will be, distributed as part of basic service tier or some other service tier immediately prior to the change and the effective date of the change.

(4) Notice to subscribers. Notice shall be provided to subscribers who are receiving services affected by such change in writing no later than the later occurring of 30 days prior to the effective date of such change or within 30 days of the date upon which the cable television company first knows of such change and by written on-screen visual message prominently displayed on the affected television program channel or channels, and on the program listing channel of the cable television system, if one is provided, at least once each hour for no less than a 30-day period.

(5) Form and content of notice to subscribers. Notice shall be directed to each affected subscriber as follows:

(i) by the mailing of a separate written notice to the subscriber's billing address of record; or

(ii) by a written notation printed on the subscriber's regular billing statement; or

(iii) by a written notice accompanying the subscriber's regular billing statement. Such notice shall specify the recurring programming affected by the change and the effective date of the change. Such notice shall also inform subscribers of the opportunity to downgrade or terminate service within 30 days of the receipt of the notice without charge for such termination or downgrade if the programming change includes a retiering of service or a rate increase.

(c) Network change.

(1) Definitions. For purposes of this subdivision:

(i) a 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 except that a network change shall not include the removal of a network from a service tier within 31 days of the date upon which such network was added to such service tier for promotional purposes, where such promotion was clearly disclosed to subscribers;

(ii) the character of a network shall be determined by reference to the nature, mix and quantity of programming provided on the network and whether such programming is supported by commercial sponsorship or other means. The character of a network which contains a uniform programming format, e.g., an all-shopping channel, an all-weather channel, an all-sports channel, etc., shall be considered distinct from the character of a network which includes various categories of programming. The character of a network shall also include consideration of whether a network provides programming 24 hours per day or some lesser period of time; and

(iii) promotes repeatedly and in a significant manner shall mean a promotion of the availability of a particular network on basic cable service which is designed to encourage the public to subscribe to basic cable service to receive such network and which is conducted by use of multiple media or by the multiple use of a single medium.

(2) Notice required. Every cable television company shall provide notice of a network change to the commission and to the subscribers affected thereby.

(3) Notice to commission. Notice shall be provided to the commission no later than the later occurring 45 days prior to the effective date of the change or within five business days of the date upon which the cable television company first knows of such change. Notice shall specify the network affected by the change, whether such network was, or will be, distributed as part of the basic cable service or some other service tier immediately prior to the change and the effective date of the change. If the network change relates to the basic service tier, the notice to the commission shall also state whether said network has been repeatedly promoted by the cable television company as available on its basic cable service during the six months immediately preceding the date of the change and, if the network has been so promoted during such period of time, the notice shall also include the specific date upon which such promotion was concluded and the number of subscribers who commenced their subscription to basic cable service during the 90 days immediately before and after the last day of promotion. If the network change relates to a network that is being deleted from basic cable service and will not be available on any other service tier, the notice shall state whether said network continues to be reasonably available to the cable television company. For purposes of this paragraph the term continues to be reasonably available to the cable television company shall mean a network, including a broadcast television station, that has been lawfully distributed by the cable television company to its subscribers as part of its basic cable service and without a substantial alteration of the character of the network remains available to the cable television company on the same terms and conditions as before or remains available to the cable television company pursuant to terms and conditions as previously agreed. A network shall also be considered to continue to be reasonably available to a cable television company when, notwithstanding a modification of the terms and conditions under which it may be distributed or a change in the character of the network, the commission so determines in writing based upon consideration of:

(i) whether the cable television company is required to offer commercial leased access and the terms and conditions of such leased access, if any;

(ii) the character of the network relative to the character of other networks distributed on the system and the manner of distribution of such other network;

(iii) the terms and conditions pursuant to which the network is available to the cable television company relative to the terms and conditions applicable to the distribution by the cable television company of other networks as part of basic cable television service;

(iv) the extent to which the network is currently being distributed by other cable television companies in the State as part of basic cable television service on terms and conditions similar to the terms and conditions at issue; and

(v) the extent to which the cable television company may have an ownership interest in any network distributed on the system which is similar in character to the terminated network.

(4) Notice to subscribers. Every cable television company shall provide notice of a network change to each subscriber affected thereby. Such notice shall be provided to subscribers who are receiving services affected by any such change in writing no later than the later occurring of 30 days prior to the effective date of any change or within 30 days of the date upon which the cable television company first knows of such change and by written on-screen visual message prominently displayed on the affected television programming channel or channels, and on the program listing channel of the cable television system, if one is provided, at least once each hour for no less than a 30-day period.

(5) Form and content of notice to subscribers. Notice shall be directed to each affected subscriber as follows:

(i) by the mailing of a separate written notice to the subscriber's billing address of record; or

(ii) by a written notation printed on the subscriber's regular billing statement; or

(iii) by a written notice accompanying the subscriber's regular billing statement. Such notice shall specify the network affected by the change and the effective date of the change and shall inform subscribers of the opportunity to downgrade or terminate service within 30 days of the receipt of the notice without any charge for such termination or downgrade if the network change includes a retiering of service or rate increase.

(6) Additional provisions for network change affecting a premium service tier. If the notice describes a network change that affects a network that was being distributed as part of a premium service tier immediately prior to the change such notice shall also inform subscribers who have incurred installation, upgrade or other one-time charges relating to such premium service tier within six months prior to the effective date of the change, or who have prepaid any monthly service charges for said premium service tier, that they may elect to downgrade or terminate service within 30 days of the receipt of such notice and obtain a rebate of any such charges.

(7) Additional provisions for network change affecting basic cable service. If the notice describes a network change which affects a network that was being distributed as part of basic cable service immediately prior to the change, and the network was repeatedly promoted by the cable television company and in a significant manner as available as part of basic cable service at any time during the six months immediately preceding the date of the change, such notice, or a second notice given in the same manner as the first notice within 30 days of the first notice, shall contain additional information as follows:

(i) Removal of network to premium tier. If a network is moved from basic cable service to a more expensive tier, such notice shall inform subscribers who commenced their subscriptions to basic cable service during the 90-day period immediately before or after the last day of the promotion, of the opportunity, within 30 days of receipt of the notice either:

(a) to upgrade to the more expensive service tier which includes the network at no charge and to receive said service tier for up to six months also at no charge; or

(b) to terminate service and receive a refund of all installation, upgrade or other one- time charges paid during the six months prior to the change.

(ii) Removal of network from system. If a network:

(a) is deleted from basic cable service;

(b) was a substantial inducement to a significant number of subscribers; and

(c) continues to be reasonably available to the cable television company, such notice shall inform subscribers who commenced their subscriptions to basic cable service during the 90-day period immediately before or after the last day of the promotion, of the opportunity, within 30 days of receipt of the notice, either:

(1) to terminate service and receive a refund of all installation, upgrade or other one-time charges paid during the six months prior to the change; or

(2) to continue service and receive a credit in the amount specified in the notice which credit shall be for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six- month period commencing with the last day of the promotion; or

(3) to continue service and petition the commission for determination of the amount of an appropriate credit for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six-month period commencing with the last day of the promotion.

(8) A cable television company shall maintain copies of all advertisements, lists or other notifications regarding programming sent to or made available to the public. For purposes of this subdivision, advertisements, lists or other notification shall mean any commercial messages which a cable television company originates and causes to be disseminated to the public or its subscribers by means of radio, television or print, or pursuant to a printed directive, which relate to the service tiers, networks or programming offered by said company to its subscribers and the rates and charges therefor, except that such terms shall not include any commercial message concerning a network or programming which originates with the network or programmer independent of the cable television company.

(d) Pay-per-view programming. Subdivisions (a)-(c) of this section shall not apply to pay-per-view programming.

(e) Billing practices.

(1) Every cable television company shall provide notice to subscribers of its billing practices and payment requirements including the use of payment coupons. The notice shall describe or define, at a minimum, billing procedures (including payment requirements to avoid discontinuance of service, e.g., payment due dates), late charges, downgrade charges, advance billing options, if any, procedures to be followed in billing disputes and credit to be given for service outages.

(2) Notice shall be in the form of a separate written notice and shall be provided:

(i) to new subscribers, at the time of initial subscription or reconnection;

(ii) to all subscribers annually;

(iii) to all subscribers at least 30 days in advance of any significant change in such billing practices or payment requirements; and

(iv) to any subscriber upon request.

(f) Complaint procedures.

(1) Every cable television company shall provide notice to subscribers of its complaint procedures.

(2) Notice shall be in writing and shall be provided:

(i) to new subscribers at the time of initial subscription or reconnection to the cable television system;

(ii) to all subscribers annually;

(iii) to all subscribers at least 30 days in advance of any significant change in such complaint procedures; and

(iv) to subscribers at any time upon request. The notice shall inform the subscriber that any unresolved complaint with the company may be referred to the commission pursuant to section 890.70(a) of this Part. Such notice shall also contain the address and toll free subscriber assistance telephone number of the commission.

(g) Installation, use and maintenance of cable service. Every cable television company shall provide notice to subscribers of its installation and service maintenance policies, instructions on how to use cable services with company provided or subscriber owned equipment, and a description of any incompatibility problems and the means of resolving such problems. Notice shall be in writing and shall be provided to new subscribers at the time of installation:

(1) to any person upon request;

(2) to all subscribers annually;

(3) to all subscribers at least 30 days in advance of any significant changes in such information; and

(4) to subscribers at any time upon request.

(h) Lost, stolen or damaged equipment. A cable television company shall provide notice to subscribers of any charges for lost, stolen or damaged equipment in accordance with section 890.64(f) of this Part.

(i) Disconnection of service. Every cable television company shall provide separate written notice of service discontinuance in accordance with section 890.66 of this Part.

(j) Removal of home wiring.

(1) Every cable television company shall provide notice to subscribers of the opportunity to acquire home wiring upon termination of service if the company seeks to remove such wiring.

(2) Notice shall be in writing and shall be provided to subscribers at least seven days prior to the earliest date such home wiring would be removed.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 890.80