N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.4

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

Section 892-3.4 - Municipal election

(a) A municipality shall determine whether the rates charged for basic cable service and associated equipment by one or more cable television companies franchised to provide cable service therein will be regulated in accordance with the provisions of 47 CFR sections 76.900 et seq. Pursuant to this section, a municipality may:

(1) elect to undertake such rate regulation itself, or jointly in conjunction with one or more municipalities served by the same cable television system; or

(2) elect to have the commission undertake such rate regulation; or

(3) elect that no such regulation is warranted at the time the initial election is made.

A municipality shall make an initial election pursuant to this section on or before February 28, 1994, provided, however, that if no election is made by such date, the commission may undertake such rate regulation or other action as may be necessary consistent with the public interest.

(b) A municipality may elect to undertake the regulation of rates for basic cable service and associated equipment charged by any cable television company franchised to provide cable service therein in accordance with 47 CFR sections 76.900 et seq. subject to conditions as follows:

(1) the municipality shall adopt a resolution at a regular or special meeting thereof, which resolution shall include:

(i) the name of the cable television franchisee to be regulated; and

(ii) a statement that the municipality possesses the personnel and resources necessary to administer the regulations in 47 CFR, sections 76.900 et seq. or, alternatively, if a municipal official is vested with authority to act on behalf of the municipality in matters pertaining to cable television rates, by action of said official in the manner prescribed for the exercise of such authority, provided said action shall identify the cable television franchisee to be regulated and state the existence of the personnel and resources necessary to administer said FCC regulations;

(2) the municipality shall serve a certified copy of said resolution or a true copy of an action on delegated authority on the commission within five days of the date thereof;

(3) the municipality shall also serve promptly upon the commission:

(i) a copy of its request for certification as filed with the FCC and copies of oppositions, if any, to such request;

(ii) notice that certification has been obtained or, alternatively, a copy of any response from the FCC to the contrary; and

(iii) a copy of the notice served upon the cable television franchisee initiating regulation as required by 47 CFR section 76.910(e)(2).

(c) A municipality may elect to have the commission undertake the regulation of rates for basic cable service and associated equipment charged by any cable television company franchised to provide cable service therein in accordance with 47 CFR sections 76.900 et seq. subject to conditions as follows:

(1) the municipality shall adopt a resolution at a regular or special meeting thereof which resolution shall include:

(i) the name of the cable television franchisee to be regulated; and

(ii) a statement that the municipality chooses to have the commission undertake such regulation;

(2) such election shall be effective on the date that the certified copy of said resolution is received by the commission.

(d) A municipality may elect not to undertake regulation in accordance with 47 CFR sections 76.900 et seq. subject to conditions as follows:

(1) the municipality shall adopt a resolution at a regular or special meeting thereof which resolution shall include:

(i) the name of the cable television franchisee; and

(ii) a statement that the rates charged by said franchisee for basic service and associated equipment shall not be subject to regulation at such time but that the municipality reserves the right to alter said election at any time;

(2) the municipality shall serve a certified copy of said resolution on the commission within five days of the date of adoption;

(3) an election not to regulate rates may be changed at any time; and

(4) a municipal determination that rates shall not be subject to regulation in accordance with 47 CFR sections 76.900 et seq. shall be subject to review by the commission pursuant to the standards set forth in section 222 of the Public Service Law.

(e) An election made by a municipality before the 30th day following the effective date of this Subpart shall be presumed valid and shall remain in effect until altered in accordance with section 892-3.5 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.4