N.Y. Comp. Codes R. & Regs. tit. 16 § 899.83

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

Section 899.83 - Nature of filed reports

(a) All financial reports shall accurately and clearly disclose all financial transactions, account balances and such other information as may be required, and all such data shall be set forth in accordance with this Part and the instructions specified on the report forms.

(b) Financial reports, statements or schedules required to be prepared on a consolidated basis:

(1) shall exclude any company whose fiscal year is more than 93 days different from that of its parent;

(2) may exclude the account balance and transaction totals of any company where:

(i) the parent is authorized by the Securities and Exchange Commission to exclude such company from reports submitted to that commission;

(ii) such company is engaged in operations which are totally unrelated to the operations of the cable television company;

(iii) the investment of the parent in such subsidiary is of a temporary nature; and

(iv) the operations of such company are trifling and have no material effect on the consolidated operations from an accounting viewpoint.

(c) Whenever a cable television company excludes from the consolidated portion of its report account balances and transaction totals in accordance with subdivisions (a) and (b) of this section, it shall attach to said report a separate financial report for the excluded company. The separate report shall be in the same form and detail as the consolidated portion of the cable television company's report.

(d) Every cable television company that is affiliated with another cable television company is eligible to file a consolidated AFR. For purposes of this section, affiliation shall be defined as having 100 percent ownership in another cable television company operating in whole or part of New York State or being 100 percent owned by such a company.

(e) Every cable television company that operates in whole or part, in a state other than New York, or which has significant noncable television activities shall only report its New York State cable television activities on part II of its AFR. All other activities, including New York State cable television activities, shall be included on part III of its AFR. For purposes of this section, significant activity shall be defined as:

(1) any noncable television related activity which generates more than 10 percent of gross annual revenues or expenses, or which requires more than 10 percent of a company's assets, or is responsible for more than 10 percent of its liabilities; and

(2) can reasonably be expected to be of a continuing nature.

(f) The commission may order the filing of individual annual financial reports instead of or in addition to a consolidated financial report if it determines that its informational needs require such filing.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 899.83