Only the rates for basic cable service of a cable television system that is not subject to effective competition as defined in 47 CFR section 76.905 may be regulated by a municipality or the commission. In the absence of a demonstration to the contrary, cable systems are presumed not to be subject to effective competition.
N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.3