N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 892-3.2 - Definitions

(a) Basic cable service, or basic service, or basic service tier shall mean the tier of cable service that shall include, as a minimum, all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational and governmental channels required by the franchise or commission rules and may include any additional video programming signals as determined by a cable television company.

(b) Cable programming service shall mean any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than:

(1) video programming carried on the basic service tier as defined in this section;

(2) video programming offered on a pay-per-channel or pay-per-program basis; or

(3) a combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis so long as the combined service:

(i) consists of commonly identified video programming; and

(ii) is not bundled with any regulated tier of service.

(c) Commission shall mean the New York State Public Service Commission.

(d) Equipment or associated equipment shall mean all equipment in a subscriber's home that is used to receive the basic service tier, regardless of whether such equipment is additionally used to receive other tiers of regulated programming service and/or unregulated service, including, but not limited to, converter boxes, remote control units, connections for additional television receivers and other cable home wiring, and the installation or rental thereof.

(e) FCC shall mean the Federal Communications Commission.

(f) Participant shall include any person who has submitted written comments or sworn testimony in a ratemaking proceeding. In addition, the commission shall be deemed a participant in any ratemaking proceeding conducted by a municipality and a municipality shall be deemed a participant in any ratemaking proceeding conducted by the commission concerning a cable television company franchised to provide cable service in such municipality. Pursuant to 47 CFR section 76.944(b) (see: section 892-3.1[b]) a participant may file an appeal of a decision of a municipality or the commission with the FCC within 30 days of release of the written decision described in section 892-3.6(f) and (g) of this Subpart.

(g) Ratemaking proceeding shall mean a proceeding for the review of rates for basic cable service and associated equipment conducted by the commission or a municipality after certification pursuant to 47 CFR section 76.910 and after the written notice described in 47 CFR section 76.910(e)(2) has been served upon a cable television company.

(h) Relevant franchising authority shall mean both the municipality in which the cable television company provides cable service and the commission.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.2