N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.6

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

Section 892-3.6 - Procedures

(a) Every ratemaking proceeding shall be conducted and decided in accordance with the regulations of the FCC and the provisions of this section not inconsistent therewith; provided, however, that a municipality which elects to regulate rates itself, or jointly with one or more other municipalities, may adopt and administer additional regulations with respect to the rates for the basic service tier that are consistent with the regulations of the FCC and may adopt additional procedures applicable to the submission and consideration of views of interested parties. A municipality which adopts such additional regulations or procedures shall file a copy thereof with the commission.

(b) A ratemaking proceeding shall be deemed commenced:

(1) when a cable television company is served by a municipality or the commission with the written notice described in 47 CFR section 76.910(e)(2); or

(2) after such written notice has been served on a cable television company, and provided that certification remains in effect, upon receipt by a municipality or the commission of a notice of any proposed increase or decrease in the rates for basic cable service and associated equipment.

(c) In accordance with 47 CFR section 76.930, a cable television company shall file its schedule of rates for basic cable service and associated equipment with the municipality and the commission:

(1) within 30 days of receiving such written notice or by November 15, 1993, whichever is later; or

(2) at least 30 days prior to the effective date of any proposed increase.

Such rates shall be filed on forms, or in the manner, as may be prescribed by the FCC. In either case, the cable television company shall cause to be published in a newspaper of general circulation in the municipality, a notice that said ratemaking proceeding has been commenced; that a copy of the schedule of rates will be available for public inspection during normal business hours at the office of the clerk of the municipality and at the commission; and that interested parties may submit written comments to the municipality or the commission, as the case may be, on or before a specified date which shall not be later than the 20th day after said schedule of rates is filed by the cable television company. Such notice shall be published at least 15 days before the due date for comments.

(d) Promptly upon receipt of said schedule of rates, a municipality that has chosen to undertake rate regulation in accordance with 47 CFR sections 76.900 et seq. shall ensure that a public meeting is scheduled to occur within 30 days of the date the cable company files its schedule of rates on applicable FCC forms and may schedule a public hearing for the purpose of receiving public comment on said rates. The authority to schedule said hearing may be delegated to the clerk or other municipal official by the municipality. Notice of such hearing shall be published at least five days before the date of said hearing. In the event that the municipality determines pursuant to 47 CFR section 76.933 to extend the time for review of rates beyond 30 days, it shall provide at least one additional opportunity for the submission of comments.. The costs of publication of all notices shall be borne by the cable television company.

(e) When filing or submitting financial information, a cable television company shall certify the accuracy of such information; provided, however, that certification may be made by an officer of the cable television company. A cable television company may be required to produce proprietary information provided, however, that procedures analogous to those set forth in 47 CFR section 0.459 regarding requests for confidentiality shall be applied by the municipality or the commission.

(f) A determination of rates shall be made at a public meeting and shall be embodied in a written decision whenever such determination:

(1) disapproves an initial rate;

(2) disapproves a request for a rate increase in whole or in part; or

(3) approves a request for an increase in whole or in part over the objection of a participant.

(g) Every written decision must include at a minimum:

(1) the date the ratemaking proceeding was commenced;

(2) a copy of each public notice described in this section;

(3) a list of the participants in the ratemaking proceeding;

(4) a complete description of each rate approved or disapproved and the effective date thereof;

(5) whether a rate reduction or rate refund is being ordered and, if so, the amount of the reduction or refund;

(6) the effective date of the rates approved and the amount of reductions or refunds, if any; and

(7) a statement that the decision was made in accordance with applicable Federal standards and the regulations contained in this Subpart.

(h) Whenever a written decision is issued, copies of the text shall be provided to all participants in the proceeding and shall be made available to the public. Notice of the issuance of a written decision and the availability thereof shall be published in a newspaper of general circulation in the affected municipality. The cable television company shall bear the costs of such notice.

(i) In addition to the foregoing, the commission shall not enter an order prescribing any rate unless:

(1) it shall have first caused a notice of the rates proposed by a cable television company to be served on each municipality wherein said company provides service and shall have provided each municipality with a reasonable period of time consistent with the applicable Federal procedure to file comments on the proposed rates; and

(2) in the event it determines pursuant to 47 CFR section 76.933 to extend the time for review of rates beyond 30 days, it shall provide at least one additional opportunity for the submission of written comments by interested parties and may conduct a public hearing;

(3) in respect to so much of any rate or charge as shall be based upon franchise fees payable to a municipality or the cost of compliance with public, educational or governmental access requirements or any other requirements set forth in the municipal franchise agreement, it shall have provided the municipality with a reasonable opportunity consistent with time periods applicable to review and to comment upon the amount of such fees and costs.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 892-3.6