Powers of the Commission in Respect to Cable Television Companies.

Checkout our iOS App for a better way to browser and research.

§ 216. Powers of the commission in respect to cable television companies. 1. The commission may promulgate, issue, amend and rescind such orders, rules and regulations as it may find necessary or appropriate to carry out the purposes of this article. Such orders, rules and regulations may classify persons and matters within the jurisdiction of the commission and prescribe different requirements for different classes of persons or matters. A copy of any order, rule or regulations promulgated hereunder shall be subject to public inspection during reasonable business hours. 2. The commission may require cable television companies to maintain and file such reports, contracts and statements, including but not limited to ownership, accounting, auditing and operating statements, engineering reports and other data as the commission may deem necessary or appropriate to administer the provisions of this article. The commission, including members of its staff, may make reasonable inspections of the records and facilities of any cable television company. 3. The commission may examine, under oath, all officers, agents, employees and stockholders of any cable television company, municipal officials and any other persons and compel the production of papers and the attendance of witnesses to obtain the information necessary to administer the provisions of this article. 4. (a) The commission may require and receive from any agency of the state or any political subdivision thereof such assistance and data as may be necessary to enable the commission to administer the provisions of this article.

(b) The commission may enter into such cooperative arrangements with the board of regents, the council on the arts, other state agencies and municipalities, each of which is hereby authorized to enter into such cooperative arrangements, as shall be necessary or appropriate to assure that there will be maximum utilization of existing expertise in communications technology, cable television operations and programming and that the purposes of this article will be effectively accomplished. Upon request of the commission, any state agency may transfer to the commission such officers and employees as the commission may deem necessary from time to time to assist the commission in carrying out its functions and duties. Officers and employees so transferred shall not lose their civil service status or rights. 5. The commission shall have and may exercise all other powers necessary or appropriate to carry out the purposes of this article. * 6. No cable television company shall terminate or disconnect services provided over their infrastructure to a residential service customer or a small business customer with twenty-five or fewer employees that is not a (a) publicly held company, or a subsidiary thereof, (b) seasonal, short-term, or temporary customer, or (c) customer that the cable television company can demonstrate has the resources to pay the bill, provided that the cable television company notifies the small business customer of its reasons and of the customer's right to contest this determination through the commission's complaint procedures, for the non-payment of an overdue charge for the duration of a state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency"). Cable television companies shall have a duty to restore service, to the extent not already required under this chapter, at the request of any residential or small business customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency and disconnection of such service was due to non-payment of an overdue charge, provided, however, that cable television companies shall not be required to restore service to any residential or small business customer if such service had been terminated prior to the effective date of this subdivision. * NB Repealed July 1, 2022 * 7. For a period of one hundred eighty days after either the COVID-19 state of emergency is lifted or expires or December thirty-first, two thousand twenty-one, whichever is earlier, no cable television company shall terminate or disconnect services provided over their infrastructure to a residential or small business customer account because of defaulted deferred payment agreements or arrears then owed to the cable television company when such customer has experienced a change in financial circumstances, as defined by the department, due to the COVID-19 state of emergency. The cable television company shall provide such residential or small business customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, with such prohibition on down payments, late fees, or penalties applicable to all arrears incurred during the pendency of the COVID-19 state of emergency. * NB Repealed July 1, 2022 *8. Every cable television company shall provide notice to residential or small business customers in a writing to be included with a bill statement or, when appropriate, via electronic transmission of the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circumstances due to the COVID-19 state of emergency for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this section and article two of this chapter. * NB Repealed July 1, 2022 * 9. Implementation of the provisions of this section shall not prohibit a cable television company from recovering lost or deferred revenues after either the lifting or expiration of the COVID-19 state of emergency or December thirty-first, two thousand twenty-one, whichever is earlier, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Nothing in this section shall prohibit a cable television company from disconnecting service at the request of a customer. Nothing in this section shall prohibit a cable television company from disconnecting service when it is necessary to protect the health and safety of customers and the public. * NB Repealed July 1, 2022 * 10. Every cable television company shall be subject to the jurisdiction of the commission for the purposes of enforcing the provisions of subdivisions six, seven, eight and nine of this section pursuant to sections twenty-four, twenty-five and twenty-six of this chapter, and any other applicable provision of this chapter. * NB Repealed July 1, 2022


Download our app to see the most-to-date content.