Loading...
HomeMy WebLinkAboutMN-CABLECOMM-1990-05-15 • CITY OF ITHACA CABLE COMMISSION Minutes -- May 15, 1990 Present: (CC) Bill Demo, Chris Heegard, Peter Hess, Tom Terrizzi (public) Chris Doyle, Bill McCormick, Lauren Stefanelli. 1 . Call to order, 7:40pm. 2. Senior Citizen's Discount: (see 2 attachments) Debbie Parsons dis- cussed the state of this issue. She presented a preliminary form that Seniors would be asked to fill out in order to qualify. Requirements include an annual salary below $15k. Some issues of age and certification are to be clarified. Debbie noted that the county would supply the annual list of home owners that qualify for the 50% property tax break by July/August. There was discussion about the requirement that the income level be "proved". Is a written statement sufficient? The issues of (1 ) hassle factor, (2) degrading factor and (3) cheating were discussed. This issues will be brought up with the organization RSVP. It is hoped that this issue will be settled by the next meeting. There was discussion of advertising of the dis- count. Chris Doyle -- "After the initial list is obtained and presented to ACC, ACC will be willing to maintain (additions and changes) the list (Absolutely, Absolutely, ...)". 3. The minutes from the April meeting were approved. 4. Chairman report: Complaints -- Tony Chiesa complained about a minor working with an installer for ACC. Victor Lazar -- complained about the cost of service. He also noted that CSPAN in now scrambled; he wonders why such a public interest channel cannot be made part of basic service. Julie Boil, Deputy City Clerk, asked why the forms that ACC uses to accept responsibly for the new basic cable box was written with such small type. Chris Doyle said he would deal with this issue. 5. Public comments: Bill McCormick asked ACC to "finish" the studio that was promised under the franchise. This includes the space that is currently lease to a flower shop. He believes the lease will soon expire. The issue of studio space is to be clarified at the next CC meeting. 6. ACC report: (see attached) Chris Doyle, Marketing Operations Manager, spoke. His report included (1) New 16 channel basic in place (500 boxes have been distributed), (2) American Movie Classics and J. C. Penney Shopping Channel added, (3) the annual student exodus is running smoothly, (4) Annual reports submitted, (5) request for capital equipment purchases are to be in by July 31 , 1990, (6) discussion of Common Counsel meeting intermission problems discussed, (7) report that phone service at ACC has improved response time. 7. CAAB report: (see attached) Discussion of access availability and collec- tion of revenues in other franchises was discussed. Chris Doyle said that these issues had not been a part of other franchise discussions in other a (non-Ithaca) parts of the system. The CC will meet at the next CAAB meet- ing on Monday, June 4 at the count library. There is $41 k for capital equip- ment this calender year. 8. Response Letter: (see attachment) Bill Demo presented a draft copy of a letter that is to be sent in initial response when the CC receives a letter from the public. 9. The meeting adjourned, 10:17pm. Submitted, Chris Heegard CABLE AMERICAN COMMUNITY CABLEVISION 519 WEST STATE STREE ITHACA. NEW YORK 1485( Ithaca City Cable Commission 607-272-727. William Demo , Chair 119 Auburn St. Ithaca , NY 14850 Tel . : 273-5133 - Richard Herskowitz Tom Terrizzi 6 Hillcrest Dr. 714 N . Cayuga St. Ithaca , NY 14850 Ithaca , NY 14850 Tel . : 272-5506 Tel . : 277-3334 Chris Heegard Peter Hess 4 Woodland Rd. , RD #2 202 1/2 Utica St. Ithaca , NY 14850 Ithaca , NY 14850 Tel . : 539-6643 Tel . : 272-1831 Access Advisory Board Voting Members : Mary Jo Dudley , Chair Bill McCormick 312 First St. 211 Columbia St. Ithaca , NY 14850 Ithaca , NY 14850 Tel . : 273-5255 [ No telephone ] John Efroymson Eloise Green 420 N. Cayuga St . Director, ICB-TV Ithaca , NY 14850 Ithaca College Tel . : 272-1034 Tel . : 274-3244 Louis Mezgar Floyd Johnson Tompkins County Public Library 206 Second St. 312 N . Cayuga St. Ithaca , NY 14850 Ithaca , NY 14850 [ No telephone ] Tel . : 272-8066 Frances McKenzie P . O. Box 187 Lansing , NY 14882 Tel . : 533-4586 Non-Voting Members : For the City : Peter Hess City Cable Commission For ACC : Lauren Stefanelli Community Access Coordinator "Television for Tompkins County" •Lil 44a9:i�9d`•t)� �0�f'bRAS ER 4 CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-1713 CITY ATTORNEY - MEMORANDUM CODE 607 TO: Bill Demo, Cable Commission Chair Cable Commission Members - \ FROM: John J. Kelleher, Assistant City Attorney `� DATE: February 16, 1990 • SUBJECT: Senior Citizens Discounts on Cable TV Ithaca grants up to a 50% property tax exemption for persons over 65 years of age whose income is under $15, 025 per year. The actual percentage tax abatement is graduated beginning at 20% reduction at $15, 025 and going to 50% at incomes of $12 , 025 and below. It is our recommendation that for simplicity' s sake, the Senior Citizen Cable TV discount be the same for all persons over 65 whose income is below $15, 000 per year. . Proof of age should be by any form of identification issued by a public agency: a driver ' s license, birth certificate, passport, or other such document should be presented. Proof of income could be by existing eligibility for property tax abatement as certified by the City Chamberlain, income tax return from the most recently filed state or federal tax return, or any other verifiable source. We recommend that once someone is qualified, we presume that no change has taken place. This would avoid an annual task of recertifying our seniors for discount. Qi The form could look like this: �t'� SENIOR DISCOUNT CERTIFICATION e9 fp I , , hereby certify that I am over 65 years of age, having been born on at • I further certify that my income in the last • calendar year was less than $15,000 and that I am therefore eligible for a Senior Citizen Discount on my cable television rates. rmr,l Or:',t-.,rat:Fml•In�nr w.l■h an Alhrmahvr Afl,nn P,n ,A,, • I submit the following documents in proof of the foregoing: AGE 1. Driver ' s License 2 . Birth Certificate 3 . Passport 4 . Other INCOME 5 . City Property Tax Records 6. New York Income Tax Return 7. Federal Income Tax Return 8. Other Signature I hereby certify that I have examined the indicated documents and that they confirm the facts asserted by the applicant. I therefore request that the Senior Citizen Discount be extended as required by the Cable Franchise Agreement. City Controller Please let us know if we can be of any further assistance to you. Jack APPLICATION FOR SENIOR CITIZENS DISCOUNT FOR TV CABLE SERVICES 1) Names of person(s) requesting discount (Your name as it appears on the billing from ACC) (please print) 2) Property address where service is provided 3) Mailing address (if different from above) • 4) Proof of age (one of the following) Birth Certificate Other • (Driver's License) Baptismal Certificate (Medicare Card) 5) Proof of residency (one of the following) Telephone Listing Lease (or rental receipt) Copy of Utility Bill Other I certify that I am 65 years of age or older, that I have a total household income of $15,000 or less from taxable and non-taxable sources. I understand that failure to provide proof if requested or any deliberate false statement on this application may be grounds for disqualification from further discounts. SIGNATURE DATE Report to the Cable Commission on the Community Access Advisory Board meeting of 5/ 14/90 1. The CAAB would like to be informed whether 2% of gross revenues collected by ACC in the initial year of the current franchise (a/.J/f88 to 12/30/88) was put toward PEG access equipment replacement and expansion, as provided for in the franchise (14.1.C.(3)). The CAAB would like to find out whether other municipalities have ko provided for financial resources for access facilities as the City of Ithaca °4" ' franchise has (sec. 14. 1.C.(3) again). If not, is Ithaca being disadvantaged by frstateriimir. other municipalities' failure to assume their share of the access bill? pAilt 3. Government access channel: The CAAB discussed the Cable Commission's request that it initiate a planning process that would result in concrete proposals for the use and programming of a government access channel, preliminary to a request for establishment of such a channel. A resolution was adopted which took a different approach from the one presented by me on behalf of the commission. The resolution requests that nine access channels be activated immediately and that planning for their use begin now as a joint effort of ACC, CAAB and the Cable Commission. Please refer to attached resolution. 4. The CAAB passed a resolution directed to the manager of ACC which expressed appreciation for the apparent acknowledgement by ACC that money designated in the franchise for capital equipment for access should not be spent for maintenance related labor. This resolution also requests an itemized report of how the money so designated is spent. 5. There will be an "equipment meeting" at ACC on Wednesday, 5/16, at which the access community will be asked to provide input about equipment acquisitions for this year. Resolution of the Community Access Advisory Board To: City of Ithaca Cable Commission Date: 5/14/90 Resolved: The Community Access Advisory Board advises the City of Ithaca to request American Community Cablevision to immediately implement 14.1.A in the franchise agreement, so that nine downstream channels will be activated and designated for access use. We feel it is crucial that these channels be part of "basic tier" service. We further resolve that representatives from American Community Cablevision, the Community Access Advisory Board, and the City of Ithaca Cable Commission meet to determine mechanisms for development and operation of these channels and equipment requirements to support them. /(24. d/M atii# a „Irv- ply itreshagaPc--44‘A *44420 ott rve,d7A- 4da ' �� ' evdeaeir7La-4 - 4-s• pplaye,4 o-A /ff 0 iy4/ .■) - . , . • May 15 Ithaca Cable Commission Meeting - ACC Report ACC helped organize and support a community clean-up day w/ Southside Community Center as an Earth Day activity. 16 channel basic service was "Tolled out" on May 1 . Basic converters have been handed out at our downtown location as well as a couple of satellite locations - T, Burg and Freeville. We have had virtually no calls as a result of this change. � Two new services, American Movie Classics and the JCPenney Shopping • Channel were introduced on May 1 and are available to full standard service subscribers. We' re in the beginning of student -exit and disconnects are going very smoothly. A. $100 check was mailed to Tony Chiesa as compensation for moving drop cables on his home - which left a small , sealed screw hole in his siding. He refused to sign a release statement , but a qualifier was • addedto the check itself. Service and technical reports as required by the franchise are being submitted along with this report . They are for the 1989 calendar year for the City of Ithaca. The 2% of city revenue which ACC spends for access equipment is spent on new equipment and the labor to install it , or on major equipment refurbishments (parts and labor ) which will extend the life of the existing equipment . This is standard accounting procedure. Minor repairs are not included in calculating expenditiure made toward the 2% total . In 1990 ACC is committed to spend $41 , 000' P ACC is requiring that requests for new equipment for PEG access use be submitted no later than July 31 , 1990 in order that all requests be considered. Requests made after July 31 will be considered in 1991 ' s spending plan. .)‹ A field check on Michigan Hollow Road had been completed prior to ACC' s receipt of Eloise Greene' s letter . There are not enough homes in the . 7 miles from the end of ACC' s plant to ��s. Greene' s home to warrant construction. (there are only 6 homes which can be served from a . 7 mile plant extension, and 23 are needed) The message inserted onto cable channel 13 during breaks in meetings of Common Council states that "Live coverage of Common Council will return after this recess. " � ` • • � � • ` � � • . • • • •' •• • • Report to the Cable Commission on the Community Access Advisory Board meeting of 5/ 14/90 1. The CAAB would like to be informed whether 2% of gross revenues collected by ACC in the initial year of the current franchise (1/20/88 to 12/30/88) was put toward PEG access equipment replacement and expansion, as provided for in the franchise ( 14. 1.C.(3)). 2. The CAAB would like to find out whether other municipalities have provided for financial resources for access facilities as the City of Ithaca franchise has (sec. 14. 1.C.(3) again). If not, is Ithaca being disadvantaged by other municipalities' failure to assume their share of the access bill? 3. Government access channel: The CAAB discussed the Cable Commission's request that it initiate a planning process that would result in concrete proposals for the use and programming of a government access channel, preliminary to a request for establishment of such a channel. A resolution was adopted which took a different approach from the one presented by me on behalf of the commission. The resolution requests that nine access channels be activated immediately and that planning for their use begin now as a joint effort of ACC, CAAB and the Cable Commission. Please refer to attached resolution. 4. The CAAB passed a resolution directed to the manager of ACC which expressed appreciation for the apparent acknowledgement by ACC that money designated in the franchise for capital equipment for access should not be spent for maintenance related labor. This resolution also requests an itemized report of how the money so designated is spent. 5. There will be an "equipment meeting" at ACC on Wednesday, 5/ 16, at which the access community will be asked to provide input about equipment acquisitions for this year. Resolution of the Community Access Advisory Board To: City of Ithaca Cable Commission Date: 5/14/90 Resolved: The Community Access Advisory Board advises the City of Ithaca to request American Community Cablevision to immediately implement 14.1.A in the franchise agreement, so that nine downstream channels will be activated and designated for access use. We feel it is crucial that these channels be part of "basic tier" service. We further resolve that representatives from American Community Cablevision, the Community Access Advisory Board, and the City of Ithaca Cable Commission meet to determine mechanisms for development and operation of these channels and equipment requirements to support them. • Ithaca City Cable Commission City Hall 108 East Green Street Ithaca, NY 14850 Dear . This is to inform you that the Ithaca City Cable Commission has received your complaint concerning the services and/or operations of American Community Cablevision (ACC) . The Cable Commission will review your complaint with the management of ACC. Your complaint will also be discussed at the next Cable Commission meeting and will become part of the public record of the meeting. We encourage you to attend the next meeting of the Commission (scheduled for the second Tuesday of every month at 7: 30pm at City Hall) to discuss your complaint in greater detail with the commissioners and a representative from ACC, if your complaint remains unresolved. The Con:mission is often able to assist in the resolution of service problems with ACC. If you have a specific service problem that the company attempts to remedy in some way, the Commission would like to know if the problem is resolved to your satisfaction. Please write to me c/o City Hall or call me at 844-8211 , ext. 354. It should be noted that the Commission has no control over program and channel line-ups beyond those specified by the Cable Franchise agreement between the City and ACC. Similarly, the Commission does not control ACC' s rate structure, other than to see that the rates for basic service comply with provisions of tht Cable Franchise agreement. However, the Commission does compile as a matter of public record all subscriber complaints against ACC filed with the Commission, regardless of their nature. These will be reviewed as part of the cable re- franchising process when the current agreement expires. Sincerely, William Demo, Chair Ithaca City Cable Commission - / , ^ • AMERICAN COMMUNITY CABLEVISION REPORT JUNE 12, 1990 ACC along with Univision, a Spanish language station, has made additional World Cup soccer available to those subscribers who reside within the cabled area which has been rebuilt . This was possible because Univision did not charge ACC for the • service. Attached is a copy of a letter received recently comparing the service one prospective subscriber received from NYTel , NYSEG and ACC. ACC replaced the FM equipment in its headend, providing improved FM transmission through its cable lines. This is a service for which ACC receives no revenue. The following cable channels will be designated for access: 13, 53-60 ACC will activate a second channel in 1990 for ' . government and educational access. Additional access channels will be activated only as there is additional unique locally produced programming to warrant it o ACC' s ACE awards ceremony was held June 30. The date was pushed back because of the high number of programs submitted. o Public access volunteers again aided the community by video taping the Ithaca Festival . In addition access programming was added to the video/film screenings at Cinemapolis. o Because of the City of Ithaca' s commitment to support rate regulation of cable television companies and their support of entry into the cable television industry by telephone companies, ACC looked at local telephone service rates and compared them to local cable rates. This information is attached. o ACC released a press release on June 29 announcing some channel changes. C-SPAN will be moved to basic cable service on channel 19, TNT (Turner Network Television) will move to C-SPAN' s former slot on cable channel 24 which will make it available to subscribers in both the rebuilt and nonrebuilt areas. This happened as a result of the loss of WVIA-44, the Scranton, PA PBS affiliate. ' A copy of the release is attached for adiitional information. o ACC has extended its I-Net to the Tomkins County courthouse. ACC has been given permission to provide live coverage of the Shirley Kinge trial . This is being provided as a public service due to anticipated high community interest . It will be shown during the day on channel 7, with breaks in courtroom action reverting to the Weather Channel . o Just a reminder that equipment needs for PEG access are due by July 31 . . �� ���y �L ���°�~- ~- ~-- = 1 - '4 AMERICAN COMMUNITY CABLEVISION June 15, 1990 Mary Jo Dudley, Chair Community Access Advisory Board 312 First St. Ithaca, NY 14850 Dear Mary Jo: In response to the Access Advisory Board ' s request for information regarding the expenditure of 2% of revenues received from City of Ithaca subscribers, I must tell you that ACC and the City of Ithaca were operating under Temporary Operating Authority (TOA) granted by the New York State Commission on Cable Television. Under a TOA, a company continues operating on the basis of the (then) existing franchise agreement. The new franchise agreement was approved fully in February of 1989, thus 1989 was the first year of operation under the agreement which contains the 2% clause . The full 10 years of the franchise will expire in February of 1999 at which time ACC will have had 10 years of supporting Community Access Studio at the 2% rate for the full 10 years of the agreement. I hope this explanation helps the AAB understand our position, which is in compliance with the franchise . Sincerely, • SgZ, Barbara L. Lukens General Manager BLL/fw cc: William Demo, Chair Ithaca Cable Commission Lauren Stefanelli, . ACC 519 West State Street Ithaca, New York 14850 607-272-3456 To:Ithaca Cable Commission From: Peter Hess Re: Community Access Advisory Board meeting, June 4, 1990 Date: June 12, 1990 1. Resolution on equipment requests for 1990. Be it resolved that the Community Access Advisory Board requests that ACC submit a detailed report of all equipment requests under consideration for calendar year 1990 including prices of various equipment packages,for consideration by the CAAB at its August 6th meeting, so that the CAAB can respond with recommendations and prioritize these requests. This report should be sent the the CAAB prior to its August meeting. The CAAB further requests that Joe Powers and Lauren Stefanelli attend the meeting so that the report can be discussed with them. 2. Access Coordinator's report. In Lauren's report,she noted that she had brought to Barbara Lukens,ACC General Manager, the CAAB request for a report on the operating budget for access, and that Barbara declined to meet the request. 3. Resolution on capital equipment acquisition for access, under the franchise. The CAAB requests the Cable Commission to vigorously pursue obtaining a detailed inventory of expenditures under the 2%franchise requirement from January, 1988 to the present, and we resolve that this be an ongoing process throughout the period of the franchise. 4. Expansion of access channels. Mr. Demo and Mr. Herskowitz from the Cable Commission were in attendance to participate in this discussion. The CAAB decided to appoint a committee to study the logistics of expanding the number of access channels,and how they would be programmed. Bill McCormick and Eloise Green volunteered to be on this committee. Some suggestions for additional access channels which seemed to have broad support on the board were: 1. Government Access channel 2. Bulletin board channel 3 Educational Access channel 4. 2nd Public Access channel 5. NFLCP Convention. The city has received a request from Richard Herskowitz and Mary Jo Dudley to send a representative to the NFLCP convention, meeting in Washington, DC in late July. .•ts : T.tal 1 , ,0RA7t_ CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE:272-1713 THE CHAMBERLAIN CODE 607 TO: Bill Demo FROM: Debbie Parsons II DATE: June 26, 1990 RE: Senior Citizens Cable Discount Per our conversations at the last Cable Commission meeting, I am enclosing a copy of the application and proposed procedures. If this meets with everyone's approval, let me know, and I'll contact the Senior Citizen's Council to proceed. I will be on vacation when the Commission meets next, so I won't be able to attend. If you can let me know next week if you need any other information, I'll try to get it to you before I leave. An Equal Opportunity Employer with an Affirmative Action Program" 1) Applicant will pick up application at City Hall, the Senior Citizen's Center, or Tompkins County Council for the Aging. 2) Designated representative will examine application and documents provided by applicant for accuracy and completeness, and will sign the form in the appropriate location. No copies of the documentation shall be made unless the examiner has a question about the documentation or the form. Date of birth is requested to determine date discount should commence, retroactive to March, 1989 or the first date of service, whichever is later. 3) Chamberlain's Office will collect applications and generate a list to be sent to ACC. This list will include name, service address and date of birth, and will be certified by the City Chamberlain or the Office Manager. Copies of the applications will accompany the list to ACC. Originals will be maintained by the City. 4) RSVP volunteers will be available during-the initial sign up period to assist applicants and to examine applications. Hours when they will be available (currently suggested that they would be available at Senior Citizen's Center) will be announced. 5) Senior Citizen's Center has agreed to include information regarding avail- ability of applications on their Sunday morning radio broadcast and in their newsletter. OFFICE USE ONLY Examined by Date By City APPLICATION FOR SENIOR CITIZENS DISCOUNT FOR TV CABLE SERVICES 1) Names of person(s) requesting discount (Your name as it appears on the billing from ACC) (please print) 2) Property address where service is provided • 3) Mailing address (if different from above) 4) Proof of age (one of the following) DATE OF BIRTH Birth Certificate Other (identify) (Driver's License) Baptismal Certificate (Medicare Card) 5) Proof of residency (one of following) Telephone Listing Lease (or rental receipt) Co py of Utility Bill Other (identify) I certify that I am 65 years of age or older, that I have a total household income of $15,000 or less from taxable and non-taxable sources. I understand that failure to provide proof if requested or any deliberate false statement on this application may be grounds for disqualification from further discounts. SIGNATURE DATE CABLE AMERICAN COMMUNITY CABLEVISION 519 WEST STATE STREET ITHACA, NEW YORK 14850 William Demo, Chairman 607-272-7272 Ithaca City Cable Commission c/o City Hall 102 E. Green St. Ithaca , NY 14850 May 10 , 1990 Dear Mr. Demo : This letter is by way of explanation of a change in staff policy for coverage of City Hall meetings: for meetings which go into executive session for longer than 40 minutes or after llpm, our camera coverage will end at this point. We have run into a problem with camera coverage of meetings which go into .extended and repeated executive session . Until now, we have dealt with executive sessions by having a camera crewperson ask councilmembers whether they thought it would be useful to have the cameras stay until the public meeting was reconvened. This has not proven to be effective in some cases , because the councilmembers themselves are often not certain how long executive sessions may last, or whether the members will vote to continue the meeting late at night. In April , for example , one meeting which we covered went into executive session for one and a half hours , from 9 : 30 pm until 11 pm. At 11 pm, the public meeting reconvened until 12am. Another executive session was called at midnight; this one lasted until 12 : 30 am, when the public meeting reconvened for about 5 minutes - just long enough to wrap up. Having a two-person camera crew waiting for such extended periods of time or , as in the later executive session described above , to no purpose, is counterproductive and wasteful of access staff . On the other hand , most executive sessions last about a half hour or so. Having the crew wait that length of time seems reasonable if there are important issues to be discussed afterwards . Rather than have the crew make judgement calls and guesstimates on their own as to when they should or shouldn't wait out an executive session , we felt the need to give them some sort of guideline, and came up with the rule of thumb above. Listing this policy in the monthly letters to you , copied to committee chairs , lets the comnl.ittee chairpersons plan their agendas with knowledge of the scope of camera coverage . If you have any questions about CABLE 13's City Hall video coverage , please feel free to contact me at any time . Cordially , /� Laur- 4 . Stefan..., i Commu ity ce's C%o • inator cc : Barbara Lukens , General Manager, ACC "Television for Tompkins County" • Mailing Address: Studio Address: 519 W. State Street CABLE CABL_ 612 W. Green Street Ithaca, N.Y. 14850 Ithaca, N.Y. 14850 AMERICAN COMMUNITY CABLEVISION 607-272-7272 William Demo , Chairman Ithaca City Cable Commission City Hall 108 E. Green St. Ithaca , NY 14850 June 20 , 1990 Dear Mr . Demo : ACC's coverage of City Hall meetings in July are listed below. Committee meetings are selected on a rotating basis . The regular monthly dates were given to us by the City Clerk's office . Common Council Meeting Second Wednesday, July 11 , 1990, from 7pm-lam. Cablecast live . Planning & Development Committee Meeting Third Monday , July 16 , 1990, from 7 : 30-llpm. Taped for cablecast Saturday , July 21 , 1pm. Human Services Committee Meeting Fourth Monday, July 23 , 1990, from 4 : 30pm-9pm. Taped for cablecast Saturday, July 28 , 1pm. Please notify us of any changes in these meeting dates . We need a minimum of two weeks notice to arrange coverage with our two-camera portable unit, and to assure sccurate TV listings . Also, _please note that for meetings which go into executive session for longer than 4Q minutes or after 11pm, our camera coverage will end at this point. Cordially, Lauren ; t: a ' '/l i-�, Community Acce - ' ordinate• CABLE 13 cc : Cellista .Paolangeli , Ithaca Cj.ty Clerk Richard Booth, Chair, Budget and Administration Comm. Dan Hoffman, Chair , Planning and Development Comm. Carolyn Peterson, Chair, Charter and Ordinance Comm. John Johnson, Chair, Human Services Comm. Barbara Lukens , General Manager, ACC "Television for Tompkins County" pT Tilt 3 Sl NEW YORK STATE COMMISSION ON CABLE TELEVISION I In the Matter of 90-141 Amendment of Consumer Service Rules and ) DOCKET NO. 90379 Regulations ) MEMORANDUM ADOPTING RULES (Released: May 24, 1990) On February 28, 1989, a Notice of Proposed Rulemaking was issued in this docket wherein the Commission proposed to amend existing provisions of its rules and to adopt new provisions related to cable television company billing and customer service requirements and invited comments thereon. Comments and reply comments were submitted by a variety of interested parties including cable television companies, and municipal governments. On November 1, 1989, the Commission adopted rules as attached hereto as Appendix A and authorized the filing of a Notice of Adoption with the Secretary of State pursuant to Section 202(5) of the State Administrative Procedure Act ("SAPA"). The Notice of Adoption was filed on December 22, 1989 and published in the State Register on January 10, 1990.1 Included with the Notice of Adoption was an Assessment of Comments in fulfillment of Section 202(5)(b) of SAPA. A copy of the Assessment is attached hereto as Appendix B. The discussion of the rules herein is intended to supplement the discussion in the Assessment of Comments. Since the adoption of the rules in this docket, a new Section 824-a entitled "Consumer Protection" has been enacted into law.2 The new law was effective immediately. 1 The rules became effective January 12, 1990. Pursuant to Section 590.60, cable television companies were required to comply with the rules within 120 days of the effective date or May 12, 1990. The date for compliance with Sections 590.63(a), (b) and (d) and 590.67(a) and (b) has been extended to July 12, 1990. The same date applies to Section 590.63(f) as amended in Docket No. 90403 (infra,) except Section 590.63(f)(4). 2 Chapter 9, Laws of 1990, "An act to amend the executive law in relation to notification and refunds for changes in programming by a cable television company"effective February 13, 1990. This law also amends Section 812 of the Executive Law. 2 By separate emergency action in Docket No. 90403, the Commission adopted temporary rules implementing Section 824-a which rules also include amendments to certain provisions of the rules adopted in this docket. (Order Adopting Rule and Notice of Proposed Rulemaking, Docket No. 90403, 90-081; Released: April 4, 1990.) These changes are attached hereto as Appendix C. Specifically, the emergency rules affect Sections 590.61(h), 590.62(b)(3), 590.62(c), 590.63(f) and 590.69. The impact of new Section 824-a on these sections are also discussed herein. The rules adopted in this docket relate to such matters as billing practices, billing disputes,advance billing, late payments, collection charges,credit for service outages, ' discontinuation of service for non-payment, notice of programming changes and charges for lost, damaged or stolen equipment. For purposes of our review herein, we shall divide the new rules into two groups. The first group includes the rules which are not affected by Section 824-a of the Executive Law. The second group includes the rules which are affected by Section 824-a and the emergency rules implementing said section. I. Rules not affected by Section 824-a Section 590.63 - Bill format, late charges, collection charges and downgrade charges. Section 590.63(a) has been amended to require that a subscriber bill "(ii). . .shall itemize each category of service and piece of equipment for which a charge is imposed; [and] (iii) state the billing period, amount of current billing and appropriate credits or past due balances, if any." Section 590.63(b) requires that each "bill shall specify a minimum time for payment which shall not be less than fifteen (15) days from mailing of the bill." In the Assessment of Comments filed with the Notice of Adoption, we noted that the rule requires the "itemization of each category of service rather than each service." We stated further that the rule does not require that each bill contain a "list [of] each and every channel or cable network received by a particular subscriber." We take this opportunity to summarize the elements of an itemized bill as follows: installation charges, if any; the number of outlets in the home; a description of the service provided, e.g., basic service or a higher tier; equipment, but only if a separate charge is imposed therefor; a past due amount and/or late charge, if any; credits, if any, and the due date. These requirements apply to residential subscribers who are billed on a regular basis. Where coupon books are used, a simple itemized statement attached to the booklet or printed on a separate statement included with the booklet will suffice to comply with the rule. _ n Section 590.66 - Credit for service outage. This section requires a cable p;° ' it l" company to provide a credit for every service outage in excess of four (4) continuous hours. e. The company is obligated by the rule to make a reasonable effort to determine the existence and scope of an outage including the identification of subscribers affected. In this regard, if a subscriber does not receive a credit but has experienced an outage in excess of four con- tinuous hours, the subscriber may still obtain a credit by notifying the cable company within ninety days of the outage. The service outage must be a complete outage, i.e., no signals are being received at the subscriber's television set. The credit to be given for an outage that exceeds four continuous hours shall be equal to one thirtieth of the monthly charge. Additional outages within the twenty-four hour period do not require additional credits. Some commentors have observed that this rule creates a disincentive for prompt attention 3 to service outages after the fourth continuous hour. Such comments fail to recognize that the rule is not designed to induce cable companies to repair service outages or to punish companies for poor performance. Section 824 of the Executive Law already requires cable companies to provide safe, adequate and reliable service and contains ample remedial provisions. The rule is designed solely to ensure that a subscriber is not obligated to pay for services which are not received during a substantial portion of the subscriber's viewing day. Subdivision (f) of Section 590.66 requires a cable company to give prior written notice of an outage that is scheduled as part of a system upgrade or rebuild. Such notice is to be provided to the Commission and the franchising municipality. In addition, a company is required to make a reasonable effort to inform subscribers in advance of any service outage which is scheduled for the purpose of repairing equipment or monitoring the system. We emphasize here that this requirement applies to outages which are scheduled sufficiently in advance to permit notice. Section 590.67 - Discontinuance of service for non-payment. The earliest a cable company may commence efforts to disconnect a subscriber for non-payment of a bill has been changed from thirty days after the due date to forty-five days after the date the bill was mailed to the subscriber. Since, under Section 590.63(b), the due date must he at least fifteen days from the date of mailing, this rule maintains the same minimum thirty day period between due date and disconnect date. In fact, this amendment will only impact those cable companies which under prior rules required payment sooner than fifteen days from mailing. Section 590.73 - Auxiliary equipment. Cable television companies commonly provide converters or other modifying or descrambling equipment to subscribers in connection with the delivery of cable television programming to the home. This equipment is valuable and often necessary to permit the delivery to a subscriber of only those services which the subscriber has agreed to purchase. (The receipt of cable television services that are not paid for is a crime under certain circumstances pursuant to Section 165.15 of the Penal Law of the State of New York.) A cable company is entitled to expect reasonable care of the equipment and the return of the equipment when the subscription is terminated. A cable company may impose a charge for damage to the equipment caused by a subscriber or for failure by the subscriber to return the equipment subject to two conditions. First, the company must have given advance notice to the subscriber of the potential liability for damage to, or loss of, the equipment. Second, at the time the company seeks to collect a charge in a specific case, it must provide the subscriber in writing with notice of the amount of the charge and the opportunity to refer the matter to Commission staff for review under Section 590.5. Such notice to subscribers should also include the Commission's toll free telephone number and address. Section 596.8 - Trouble call processing. Subdivision (c) has been amended to require cable television companies to provide subscribers with the opportunity to schedule appointments in various day parts, e.g., morning, afternoon, evening or Saturdays. If a company fails to fulfill an appointment scheduled in this manner, it is prohibited by the rule from imposing any charge for the service call when made. Four hour windows are 4 suggested. The rule is not intended to preclude a cable company and an individual from agreeing to a more specific time period for an appointment provided that the subscriber remains entitled to the same remedy if such appointment is not timely met by the company. II. Rules affected by Section 824-a Section 590.61 - Definitions Section 590.61 was amended by the addition of a new subdivision (h)which defines a"downgrade charge." (Appendix A) (Section 590.63(f) imposes restrictions upon the imposition of downgrade charges by cable television companies, infra.) As part of the law enacting the new Section 824-a the legislature also amended Section 812 of the Executive Law to include a definition of"downgrade." In order to avoid redundant and potentially confusing separate definitions, the definition of "downgrade charge" in Section 590.61(h) was amended on an emergency basis (Appendix C) to incorporate the statutory definition of "downgrade" in new Section 812(12). Section 590.62-Notification of billing practices. Section 590.62(b)was amended to clarify the obligation of cable television companies to provide notice of billing practices to subscribers on an annual basis. (Appendix A) The new Section 824-a affects the existing rule. Specifically, Section 824-a(4) requires cable television companies to provide notice of programing and other services offered on the system, the rates and charges therefor and a statement of significant rights accorded to subscribers on at least a semi-annual basis.3 Billing practices are sufficiently related to the new statutory notice requirements including, particularly, "significant rights accorded to subscribers", to warrant inclusion as part of a single comprehensive notification and, accordingly, Section 590.62(b)(3) was amended on an emergency basis to require that notice of billing practices be given on the same basis as the new statutory notice requirements. (Appendix C) Section 590.62(c) was amended to require cable television companies to maintain"promotional and general informational materials (including monthly bill stuffers)" at its local office for public inspection for two years. (Appendix A) Section 824-a(6)(a) now requires cable television companies to maintain copies of "all advertisements, lists or other notifications regarding programming or made available to the public" and to make such information available to the Commission on request. Because the rule and the statute share a common objective, the statutory language has been embodied in Section 590.62(c) as amended on an emergency basis. A definition of the term "advertisements, lists or other notification" is also included in said rule. (Appendix C) Since the obligation to retain such information now derives from a specific statutory provision, compliance is measured from the effective date of the statute. Section 590.63 - Bill format. Subdivision (f) of Section 590.63 addresses the issue of downgrade charges. Specifically, it limits the amount of any downgrade charge to 3 Section 824-a(4)(a) permits a cable company to apply to the Commission for an extension of the semi-annual mailing requirement and also permits a cable company which bills annually by coupon and does not make regular quarterly mailings to provide notice by mail annually. 5 the cost thereof and requires prior notice to subscribers of the existence of such charge. In addition, the rule would preclude the imposition of a downgrade charge where a subscriber is terminating all service or where a subscriber has maintained the same level of service for six continuous months. Section 824-a now imposes an additional limitation upon the imposition of downgrade charges in the event of a "network change" or "significant programming change." The provisions concerning downgrades have been consolidated in Section 590.63(f) as amended on an emergency basis to preclude the imposition of a downgrade charge consistent with Section 824-a(5) whenever a subscriber requests a downgrade within 45 days of receipt of notice of a "network change" or "significant programming change." (Appendix C - Section 590.69A(f)) Section 590.69-Notice requirements for changes in cable television rates, charges and programming services offered. This section was amended in this docket primarily to include a ten day notice requirement for changes in programming services offered by cable television companies to subscribers. This requirement was superseded by the new Section 824-a of the Executive Law and, accordingly, all rules applicable to programming or "network" changes are based on the new law and embodied in the rules implementing such section on an emergency basis. (Appendix C) The notice requirements applicable to changes in rates have also been transferred to Section 590.69A at paragraph (a). The rule is intended to provide prior notice to affected subscribers of any change in rates and to provide affected subscribers the opportunity to request a free downgrade in the event of a rate increase. It is noted, in conclusion, that a Notice of Proposed Rulemaking is now pending in Docket No. 90403 wherein the Commission proposes to adopt the emergency regulations (Section 590.69A) implementing new Section 824-a on a permanent basis. (See Order No. 90-081) The temporary changes to Sections 590.61(h), 590.62(h) and (c), 590.63(f) and 590.69 are among the issues upon which parties may comment in that proceeding. Comments may he submitted until June 8, 1990 and reply comments may he submitted until June 25, 1990. Commissioners Participating: William B. Finneran, Chairman; John A. Gussow, Theodore E. Mulford, John A. Passidomo, Barbara T. Rochman, Commissioners. pi iNl J\ I� t ^fl NEW YORK STATE COMMISSION ON CABLE TELEVISION �.ly\ n^.• 1 RESOLUTION BY THE COMMISSION Statutory Authority: Article 28 of the Executive Law, Sections 811, 815 and 816 Docket No. 90379: In the Matter of Amendment to Consumer Service Rules and Regulations — At a meeting of the Commission on Cable Television held in the City of Albany, New York on November 1, 1989, the Commission by unanimous vote of its members present, RESOLVED: That the provisions of Section 202(1) of the State Administrative Procedure Act and Section 101-a(2) of the Executive Law having been complied with, Title 9, Subtitle R, Part 590, Sections 590.61 - 590.69 and Part 596, Section 596.8 of the Official Compilation of Codes, Rules and Regulations of the State of New York are hereby amended, effective twenty-one (21) days after the date a Notice of Adoption is filed with the Secretary of State. The Executive Director shall file with the Secretary of State a certificate of rulemaking pursuant to Section 102(2) of the Executive Law and a Notice of Adoption pursuant to Section 202(5) of the State Administrative Procedure Act. APPENDIX A BILLING PRACTICES OF CABLE TELEVISION COMPANIES 590.61 Definitions. (a) Basic subscriber channel shall mean any channel which is provided [for in] as part of the basic monthly service rate. (b) A billing dispute shall mean a disagreement between a subscriber and cable television company concerning: (1) credits for payments made by the subscriber to the cable television company; (2) credit or refund for service outage; (3) errors in billing amount; or (4) assessment of late charges . (c) Collection charge shall mean a fee or charge imposed upon a subscriber by a cable television company for its efforts at collecting or attempting to collect a past due account by personal visit at a subscriber's home or place of business. [an account due. ] (d) Commission shall mean the New York State Commission on Cable Television. (e) Late charge shall mean a charge which is added to a cable television subscriber 's account or bill for nonpayment of a previously due account. (f) Local office shall mean the business office of the cable television company serving the municipality in which a billing dispute arises . (g) Service outage shall mean a loss of picture or sound on all basic subscriber channels or on one or more auxiliary programming channels [and] which is not caused by the subscriber ' s television receiver [n] or the subscriber. (h) Downgrade charge shall mean a charge imposed upon a subscriber for implementing a request for a reduction of services in the amount or level of cable television services. 590.62 Notification of billing practices. (a) Every cable television company shall notify each of its subscribers, [ in writing, ] in a separate written notice, of its billing practices 2 and payment requirements [ . 1 including the use of payment coupons. The notice shall describe or define, [as] at a minimum, billing procedures (including payment requirements to avoid discontinuance of service, e.g. , payment due dates) , late charges , downgrade charges , advance billing options, if any, procedures to be followed in billing disputes and credit to be given for service outages. (b) Notice shall be given as follows : (1) �~ to new subscribers, at the time of initial installation; (2) - :to all subscribers , whenever there is a change in the company' s billing practices or payment requirements; (3) to all [existing] subscribers [ ,within one year of effective date of these rules. ] at ,least 'annually. [Thereafter, notice shall be given whenever the company changes its billing practices. ] (c) [Copies of the company' s billing practices and billing requirements shall be filed with the commission and shall be filed in the company' s local office and shall be available upon request by a subscriber. ] Every cable television company (i) shall. file copies of its billing practices and payment requirements with the commission and (ii) shall maintain on file in its local office for public inspection for a period of two years copies of its billing practices and payment requirements and promotional and general informational materials lincluding monthly bill stuffers) . 590.63 Bill format, [L] late charges [and] , collection charges [ . ] and downgrade charges. (a) Each subscriber bill shall (i) include the name, address and telephone number of the company and the toll- free subscriber assistance telephone number of the commissions (ice) shall itemize each category of service and piece of equipment for which a charge is imposed; (iii) state the billing period, amount of current billing and appropriate credits or past due balances , if any. Lb) Each subscriber bill shall specify a minimum time for payment which shall not be less than fifteen (15) days from mailing of the bill. [a] (c) Any late charge permitted by law or by the franchise, if imposed upon the subscriber, shall be itemized on the subscriber ' s bill , or notice of delinquent payment in cases where coupon books are used. 3 (d) If a late charge is to be imposed, it shall not be imposed sooner than forty-five (451 days after the mailing of the bill to the subscriber or the due date, if coupons are used. [b] (e) No cable television company shall impose a collection charge upon any subscriber, except as prescribed in subdivision 590 .67 (e) of this Part. Lf) A cable television company may impose a "charge_ for downgrading a subscriber's services provided (i) that such charge does not exceed the cost thereof to the company and (ii) that subscribers have been notified in writing (print no smaller than ten point) of such charges. In no event may a downgrade charge be imposed upon a subscriber who is terminating service completely or who has maintained the same level of cable television services for six (6) continuous months immediately prior to a request for reduction in services . This section shall not apply to pay-per-view programming. 590. 66 Credit for service outage. (a) Every cable television company shall give credit , for every service outage in excess of [24] four (4) continuous hours [to any subscriber who applies for it either by written or oral notice. ] . The [24] four (4) - hour period shall commence at the time the cable television company first becomes aware of the outage . (b) Whenever a cable television company may reasonably determine the existence and scope of a service outageL as, for example, a service outage caused by a major failure in the system' s headend or distribution electronic equipment, which service outage exceeds four (4) continuous hours , the cable television company shall issue a credit to each affected subscriber. • (c) In the event a cable television company cannot determine all subscribers affected by a service outage in excess of four L4) continuous hours, credit shall be given to any eligible subscriber who makes application therefor by either written or oral notice within 90 days of the outage. [b] j [The credit shall be prorated by multiplying the applicable monthly service rate by a fraction whose numerator equals the number of days (or portion thereof) of the outage and whose denominator equals the number of days in month of the outage. In no case shall the refund be less than 24 hours credit . ] The minimum credit shall be equal to one thirtieth times the applicable monthly charge for each twenty-four hour period during which a service outage continues for at least four hours. [c] (e) A cable television [The] company shall be responsible for every service outage and shall provide credit to 4 each affected subscriber who [applies for it within 90 days of an outage. ] is entitled thereto pursuant to subdivisions (b) and (c) of this section. (fl Prior written notice of a scheduled service outage due to system upgrade or rebuild shall be filed with the commission and the affected municipality. Every cable television company shall make a reasonable effort to inform subscribers in writing or electronically, in advance, of any scheduled service outages for equipment repair or replacement, system upgrade or rebuild, or on-going_ technical "sweeps" of the system. 590.67 Discontinuance of service for nonpayment. (a) A cable television subscriber shall not be considered delinquent in payment until at least [30] forty-five (45) days have elapsed from the [due date of the bill or account] mailing of the bill to the subscriber or due date, if coupons are used, and payment has not been received by the company. (b) No cable television company shall physically or electronically discontinue service for nonpayment of bills rendered for service until : (1) the subscriber is delinquent in payment for cable television service; and (2) at least five days have elapsed after a separate. written notice of impending discontinuance has been served personally upon a subscriber; or (3) at least eight days have elapsed after mailing to the subscriber a separate written notice of impending discontinuance (for which postage is paid by the cable television company) , addressed to such person at the premises where [service is rendered; or] the subscriber requests billing; or (4) at least five days have elapsed after a subscriber has either signed for or refused a certified letter (postage to be paid by the cable television company) , containing a separate. written notice of impending discontinuance addressed to such person at the premises where [service is rendered. ] the subscriber requests billing.. (c) Notice of service discontinuance shall clearly state the amount in arrears , the total amount required to be paid to avoid discontinuance of service, reconnection charges if applicable, and the date by which, and the place where, such payment must be made. 5 (d) No cable television company shall disconnect service for nonpayment on a Sunday, public holiday or a day when the local office of the company is not open for business without providing an opportunity for the subscriber to pay [a] the amount in arrears . (e) When a company is at a subscriber' s residence or place of business to disconnect service and the subscriber, at that time, pays the amount in arrears in lieu of disconnection, the company may add a reasonable collection charge to the subscriber' s bill provided all other applicable provisions of this section have been followed. (f) Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance shall not constitute payment, and no cable television company shall be required to issue an additional notice prior to discontinuance. 590.69 Notice of requirements for [increase] changes in cable television rates,,, [and] charges and programming services offered. (a) Every cable television company shall provide notice of [an increase] a change in [a] rates [for any cable television service] or programming services offered. The notice shall be in writing • and shall specify the service or services affected, the new rate [ , ] . or charger including the amount of the [ increase] change, and the effective date thereof. (b) Notice shall be provided as follows: (1) to subscribers affected by the [rate increase] changes in rates , charges or programming services offered at least ten (10) days prior to the effective date of such [increase] change; and (2) to the franchising municipality and the commission [no later than thirty (30) days after the] at least ten (10) days prior to the effective date of the change in rates charges or programming services offered. (c) Every cable television company which has increased rates pursuant to Section 623 of the Cable Communications Policy Act of 1984 prior to the effective date hereof shall serve written notice of any such increase upon the franchising municipality and the commission within 30 days of the effective date of this section. (d) In any case where a subscriber requests cancellation or reduction of service within 30 days of the effective date of [a rate] an increase in rates or charges, for such 6 service, the liability of the subscriber for services received after the effective date of [the rate increase] such changes, until the cancellation or reduction of service, shall be determined in accordance with the rates or charges in effect prior to such [increase] change. (e) This section shall not apply to pay for view programming. 590.73 Auxiliary equipment. la) When a cable television company. supplies auxiliary equipment such as a converter or other modifying device to a subscriber the company can expect reasonable care of such equipment by the subscriber. A cable operator shall notify the subscriber and the commission in writing of any charges to subscribers for lost, stolen or damaged converters . In the event such equipment is lost, stolen or damaged, and the cable television company seeks to charge the subscriber for such equipment, the company shall give written, dated notice to the subscriber of the amount sought and the subscriber' s opportunity to refer the matter to the commission in accordance with the provisions of S e c t i o n 590,5 of this subtitle. If referral is not made to the commission within 30 days of the date of the notice, the company may commence its collection procedures. 596.8 Trouble calling processing. (a) A telephone number shall be made available to which subscribers may direct trouble calls. In the event that trouble calls must be made outside the subscriber 's local dialing area, the calls must be toll free. (b) Investigative action shall be initiated on the same day a trouble call is received at the local office, if possible, but in no case later than the following business day. , (c) Whenever a service call to the subscriber' s premises is required, the company shall advise such subscriber of the opportunity to schedule the service call for the morning or afternoon hours Cor evenings or Saturdays, if available) and shall schedule such service call in accordance with the subscriber' s request. If, for any reason, the service call is not made within the scheduled time frame, the subscriber shall not be charged for such service call including any installation or reconnection made as a result thereof, [ (c) ] (d) A report on each trouble call in which a cable system fault reported by a single subscriber was identified shall be filed at the local office, and shall include the following data: (1) subscriber identification; (2) date and approximate time complaint 7 was received; (3) date and approximate time of response; (4) nature of complaint; (5) brief description of the fault; (6) signal level measured on each active class I channel after corrective action, where appropriate; (7) corrective steps taken (if any required) ; (8) date case is closed; and (9) identification of technician or [repairman] repairperson. [ (d) } (e) A report on each system fault , or on any failure reported by more than one subscriber and affecting an area, shall be filed at the local office and shall include the following data: (1) brief description of the area affected sufficient to allow the later determination of the number of subscribers affected; (2) date and approximate time of failure; (3) cause of failure; and • (4) date and time service is restored. [ (e) ] (f) A report for each trouble call in which no trouble was identified, or in which further instruction was required to enable the subscriber properly to adjust the terminal receiving equipment, or in which the fault was in the subscriber's receiving equipment, shall be filed at the local office and shall include: (1) subscriber identification; (2) date and time complaint was received; (3) date and time of response; (4) nature of complaint ; 8 (5) corrective steps taken (if any required) ; and (6) identification of technician or [repairman] repairperson. [ (f) ] (g) Any report required to be maintained pursuant to this section shall be kept by the operator for a period of two years from the event to which it relates. APPENDIX B ASSESSMENT OF COMMENT The rules address such issues as billing practices and payment requirements (including bill format) , customer service and charges for damaged or lost auxiliary equipment. Billing The rules, as proposed, would have required cable companies to file with the Commission copies of all promotional and general information materials which were distributed by the cable company to subscribers. Most cable companies that filed comments oppose this requirement citing, among other things, the voluminous material that would be included within the scope of the rule as well as the cost to the companies for providing, and the presumed costs to the Commission for reviewing and compiling, such material . We are persuaded by the comments that it is not necessary to require the filing of such material with us and we have modified the rule to require only that the materials be filed by a cable company in its local office to be made available therein for inspection for a period of two years subsequent to filing. Section 590.63 (a) of the proposed rules included a requirement that each service received by the subscriber be itemized on the bill . Certain cable television companies contend that existing software or billing systems cannot readily accommodate itemized billing. One company suggested that itemization would create more confusion. Still other companies did not contest this proposal and the Cable Television Association of New York (CTANY) observed that the rule should not be misinterpreted to require the attribution of charges for equipment when, in fact, there is no separate or direct charge for the equipment. In this regard, we note that the fact that certain equipment is required to receive certain services does not mean that a charge must necessarily be attributable to the • equipment. As adopted, the rule requires the itemization of each category of service rather than each service. This change is intended to eliminate any confusion about the scope of the rule. It is not necessary to list each and every channel or cable network received by the subscriber. We have also added to the rule the fundamental components of any bill including the billing period and amount of current billing, past due balances and credits, if any. We note here that Commission records show that approximately one- third of all complaints to cable companies and the Commission are billing disputes, many of which involve a lack of understanding as to the precise services involved. It is also our experience that since Congress approved rate deregulation, service packages and program offerings have changed with greater frequency. Section 590.63 (b) , as proposed, required that each bill contain a due date which is not sooner than fifteen days from -2- receipt of the bill. Various cable companies objected to the standard including the difficulty of measuring the time period because of the uncertainty of the date the bill is received by a subscriber. We have modified this rule such that the fifteen day period shall be measured from the date a bill is mailed by the company. Of course, cable companies will be expected to maintain complete and accurate records of the date all subscriber bills are mailed. In Section 590.63 (d) , it was proposed that a late charge not be imposed unless payment was not made for a period of thirty days after mailing of the bill. Various governmental entities including the Town of Greenburgh and the Borough of Manhattan urged a longer period for timely payment particularly in view of the fact that the billing may occur on or before the first of the month for which service is to be provided. We have mollified this section to extend from thirty to forty-five days the period for payment without liability for a late charge. Our proposal at Section 590. 67 (a) to extend from thirty days to forty-five days the minimum time for discontinuance of service for non-payment remains unchanged. However, we have modified the language to include reference to payment coupons in accordance with the suggesion of the Office of Business Permits and Regulatory Assistance (OBPRA) . Section 590. 63 (f) , as proposed, included limitations upon the imposition of downgrade charges. Certain companies and CTANY suggested that downgrade charges may be within the rates deregulated in the Cable Communications Policy Act of 1984. Other parties suggested that it was unfair to limit downgrade charges to less than cost inasmuch as it would require the subsidization of such charges by all subscribers. We have modified Section 590.63 (f) to remove an absolute dollar limitation on the amount of the charge in favor of the company's cost for implementing a downgrade. At the same time, we have expanded the class of subscribers against whom a downgrade charge may not be imposed to include any subscriber requesting a termination of all cable television service. We have also changed the rule to require specific, advance notification of downgrade charges as a condition to the imposition of same where permitted under the rule. Finally, we have modified the rule to include at Section 590.61 (h) a definition of downgrade charge. Customer Service At Section 590. 63 (f) , we proposed a rule which would have required cable television companies to "conduct routine maintenance" at times which would cause the least amount of disruption to subscribers. Staten Island Cable, among others, commented that the rule concerning routine maintenance would deny the flexibility needed by a cable operator. To provide some -3- measure of flexibility, the rule was revised to require a reasonable effort on the part of cable companies to notify subscribers In writing or electronically of scheduled outages. This revision also is responsive to comments by OBPRA which suggested that "notice. . .due to routine maintenance" be changed to "notice due to. . .scheduled maintenance. " We have maintained the language in the proposed rule which would require cable companies to notify the Commission and affected municipalities in writing of any scheduled service outages due to system upgrades or rebuilds . We believe that these types of outages can be determined sufficiently in advance to provide notice and that such notice will assist local officials and Commission staff in responding to subscriber inquiries. Section 596. 8 (c) of the proposed rule addressed matters pertaining to customer service calls. Our concern here is based upon the frustration experienced by subscribers when a cable company fails to fulfill a scheduled appointment. Specifically, we proposed that cable companies specify the part of the day, morning, afternoon or evening hours, the service call would be made. We further proposed that a cable company make a reasonable effort to inform the subscriber in the event such an appointment could not be kept timely. The Town of Greenburgh commented on this issue in which it asserted that stronger, more specific language than "reasonable effort. . . " be required when an appointment cannot be kept. Upon further review, we are persauded that a greater incentive for the timely fulfillment of service calls is warranted. Accordingly, we have modified the proposed rule to preclude the imposition of a charge for any service call which is not made within the appointed time frame. Auxiliary Equipment At Section 590.73 (b) , we proposed a rule which would have limited the liability of a subscriber for lost, stolen or damaged auxiliary equipment, such as channel converters, to the net book value of the equipment. This proposal generated many comments from cable television companies. The comments of TKR Cable, which are generally representative of other comments , expressed a special concern that equipment such as a channel converter, if not returned, can be used for the unlawful receipt or theft of cable television at other locations. The company suggests that the ability to impose significant charges is necessary to provide an incentive for subscribers to take care of, and return, the equipment. CTANY suggests that the "proper and valid valuation of descrambling security equipment is not measured by hardware considerations. . . [and that] the loss. . .can only be measured by its theft potential . " Accordingly, CTANY asserts that the rule as proposed is "grossly unfair and would encourage misuse and theft" and that the Commission should defer adoption of a rule pending further inquiry into the matter. We are mindful that certain converters or descramblers can be employed unlawfully to receive -4- cable television service. On the other hand, it is also true that the inability of a subscriber to return equipment may be attributable to causes beyond the control of the subscriber such as theft or destruction by fire and that any policy which includes an element of deterrence or "compensation" for more than the cost of the equipment as such, should be fairly and consistently applied. For 'now, we have determined to modify the proposal by eliminating ,an absolute maximum amount that can be imposed upon a subscriberwho' is -unable' to return auxiliary equipment. The rule we are adopting requires any company which attempts to collect a charge fora lost converter to notify the subscriber of an opportunity to appeal the company's decision with Commission staff within thirty days of receipt of notice of said charge. The Commission will review the matter in accordance with the procedures for review of billing` complaints. If no 'appeal is filed by the subscriber,- a cable company can proceed with its collection procedures. Of course, a cable television subscriber can still be required to exercise reasonable care in the use and possession of the company's auxiliary equipment. • APPENDIX C Rules pursuant to Section 824-a of the Executive Law (Ch. 9, Laws of 1990) 590.69A Notice requirements for rates, charges, programming and subscriber's rights. (a) Rates and charges. Every cable television company shall provide notice of any changes in rates or charges for any cable television service. The notice shall be in writing and shall specify the service or services affected, the new rate or charge, including the amount of the increase and the change and the effective date thereof. Notice shall be provided at least ten (10) days prior to the effective date of any changes in rates or charges to the subscribers affected thereby, the Commission and the franchising municipality. The notice to subscribers shall inform subscribers of the opportunity to request a downgrade or termination of service within thirty (30) days of the receipt of the notice without any charge therefor and without any liability for payment of any higher rate or charge. (b) Significant programming change. (1) Definitions. For purposes of this section (i) a "significant programming change" shall mean the removal or alteration of recurring programming which materially changes the quality or level of programming on a network; provided, however, such terms shall not include deletions of programs mandated by the regulations of the Federal Communications Commission, nor shall it include deletions of programs that are distributed by the cable television company in lieu of such programs deleted pursuant to such regulations of the Federal Communications Commission; (ii) a "network" shall mean a group of programs distributed, packaged, promoted or sold to subscribers as the offering of a single entity, including but not limited to, a channel or station; and (iii) "service tier" shall mean a category of cable television services or other services provided by a cable television company and for which a rate or fee is charged by the cable television company, including, but not limited to, basic services, premium networks or services, recurring pay-per-view services and other categories of cable services for which there are additional charges. (2) Notice required. Every cable television company shall provide notice of a significant programming change to the Commission and to subscribers affected thereby. (3) Notice to commission. Notice shall he provided to the Commission no later than the later occurring of forty-five (45) days prior to the effective date of the change or within five (5) business days of the date upon which the cable television company first knows of such change. The notice shall specify the recurring programming affected by the change, whether such recurring programming was, or will be, distributed as part of basic cable service or some other service tier immediately prior to the change and the effective date of the change. (4) Notice to subscribers. Notice shall be provided to subscribers who are receiving services affected by such change in writing no later than the later occurring of thirty (30) days prior to the effective date of such change or within thirty (30) days • -2- of the date upon which the cable television company first knows of such change and by written on-screen visual message prominently displayed on the affected television program channel or channels, and on the program listing channel of the cable television system, if one is provided, at least once each hour for no less than a thirty (30) day period. (5) Form and content of notice to subscribers. Notice shall be directed to each affected subscriber as follows: (i) by the mailing of a separate written notice to the subscriber's billing address of record; or (ii) by a written notation printed on the subscriber's regular billing statement; or (iii) by a written notice accompanying the subscriber's regular billing statement. Such notice shall specify the recurring programming affected by the change and the effective date of the change. Such notice shall also inform subscribers of the opportunity to downgrade or terminate service within forty-five (45) days of the receipt of the notice without charge for such termination or downgrade. — (c) Network change. (1) Definitions. For purposes of this subdivision, (i) a "network change" shall mean the removal of a network from a service tier whether or not added to another tier or a substantial alteration of the character of a network by a cable television company or an affiliate it controls except that a "network change" shall not include the removal of a network from a service tier within thirty-one (31) days of the date upon which such network was added to such service tier for promotional purposes, where such promotion was clearly disclosed to subscribers; (ii) the "character of a network" shall be determined by reference to the nature, mix and quantity of programming provided on the network and whether such programming is supported by commercial sponsorship or other means. (The character of a network which contains a uniform programming format, e.g., an all-shopping channel, an all- weather channel, an all-sports channel, etc., shall be considered distinct from the character of a network which includes various categories of programming. The character of a network shall also include consideration of whether a network provides programming twenty-four (24) hours per day or some lesser period of time); and (iii) "promotes repeatedly and in a significant manner" shall mean a promotion of the availability of a particular network on basic cable service which is designed to encourage the public to subscribe to basic cable service to receive such network and which is conducted by use of multiple media or by the multiple use of a single medium. (2) Notice required. Every cable television company shall provide notice of a network change to the Commission and to the subscribers affected thereby. (3) Notice to commission. Notice shall he provided to the Commission no later than the later occurring of forty-five (45) days prior to the effective date of the change or within five (5) business days of the date upon which the cable television company first knows of such change. Notice shall specify the network affected by the change, whether such network was, or will be, distributed as part of the basic cable service or some other service tier immediately prior to the change and the effective date of the change. If the network change relates to the basic service tier, the notice to the Commission shall also state whether said network has been repeatedly promoted by p -3- the cable television company as available on its basic cable service during the six months immediately preceding the date of the change and, if the network has been so promoted during such period of time, the notice shall also include the specific date upon which such promotion was concluded and the number of subscribers who commenced their subscription to basic cable service during the ninety (90) days immediately before and after the last day of promotion. If the network change relates to a network that is being deleted from basic cable service and will not be available on any other service tier, the notice shall state whether said network continues to be reasonably available to the cable television company. For purposes of this paragraph the term "continues to be reasonably available to the cable television company" shall mean a network, including a broadcast television station, that has been lawfully distributed by the cable television company to its subscribers as part of its basic cable service and without a substantial alteration of the character of the network remains available to the cable television company on the same terms and conditions as before or remains available to the cable television company pursuant to terms and conditions as previously agreed. A network shall also be considered to continue to be reasonably available to a cable television company when, notwithstanding a modification of the terms and conditions under which it may be distributed or a change in the character of the network, the Commission so determines in writing based upon consideration of (i) whether the cable television company is required to offer commercial leased access and the terms and conditions of such leased access, if any, (ii) the character of the network relative to the character of other networks distributed on the system and the manner of distribution of such other network; (iii) the terms and conditions pursuant to which the network is available to the cable television company relative to the terms and conditions applicable to the distribution by the cable television company of other networks as part of basic cable television service; (iv) the extent to which the network is currently being distributed by other cable television companies in the state as part of basic cable television service on terms and conditions similar to the terms and conditions at issue; and (v) the extent to which the cable television company may have an ownership interest in any network distributed on the system which is similar in character to the terminated network. (4) Notice to subscribers. Every cable television company shall provide notice of a network change to each subscriber affected thereby. Such notice shall be provided to subscribers who are receiving services affected by any such change in writing no later than the later occurring of thirty (30) days prior to the effective date of any change or within thirty (30) days of the date upon which the cable television company first knows of such change and by written on-screen visual message prominently displayed on the affected television programming channel or channels, and on the program listing channel of the cable television system, if one is provided, at least once each hour for no less than a thirty (30) day period. (5) Form and content of notice to subscribers. Notice shall be directed to each affected subscriber as follows: (i) by the mailing of a separate written notice to the subscriber's billing address of record; or (ii) by a written notation printed on the subscriber's regular billing statement; or (iii) by a written notice accompanying the subscriber's regular billing statement. Such notice shall specify the network affected by the change and the effective date of the change and shall inform subscribers of the -4- opportunity to downgrade or terminate service within forty-five (45) days of the receipt of the notice without any charge for such termination or downgrade. (6) Additional provisions for network change affecting a premium service tier. If the notice describes a network change that affects a network that was being distributed as part of a premium service tier immediately prior to the change such notice shall also inform subscribers who have incurred installation, upgrade or other one-time charges relating to such premium service tier within six months prior to the effective date of the change, or who have prepaid any monthly service charges for said premium service tier, that they may elect to downgrade or terminate service within thirty (30) days of the receipt of such notice and obtain a rebate of any such charges. (7) Additional provisions for network change affecting basic cable service. If the notice describes a network change which affects a network that was being distributed as part of basic cable service immediately prior to the change, and the network was repeatedly promoted by the cable television company and in a significant manner as available as part of basic cable service at any time during the six months immediately preceding the date of the change, such notice, or a second notice given in the same manner as the first notice within thirty (30) days of the first notice, shall contain additional information as follows: (i) Removal of network to premium tier. If a network is moved from basic cable service to a more expensive tier, such notice shall inform subscribers who commenced their subscriptions to basic cable service during the ninety (90) day period immediately before or after the last day of the promotion, of the opportunity, within thirty (30) days of receipt of the notice either (a) to upgrade to the more expensive service tier which includes the network at no charge and to receive said service tier for up to six months also at no charge; or (b) to terminate service and receive a refund of all installation, upgrade or other one-time charges paid during the six months prior to the change. (ii) Removal of network from system. If a network (a) is deleted from basic cable service, (b) was a substantial inducement to a significant number of subscribers, and (c) continues to be reasonably available to the cable television company, such notice shall inform subscribers who commenced their subscriptions to basic cable service during the ninety (90) day period immediately before or after the last day of the promotion, of the opportunity, within thirty (30) days of receipt of the notice, either (aa) to terminate service and receive a refund of all installation, upgrade or other one-time charges paid during the six months prior to the change, or (bb) to continue service and receive a credit in the amount specified in the notice which credit shall be for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six month period commencing with the last clay of the promotion, or (cc) to continue service and petition the commission for determination of the amount of an appropriate credit for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six month period commencing with the last day of the promotion. (d) Pay per view programming. Subdivision (a) - (c) shall not apply to pay per view programming. • -5- (e) Other subscriber rights. (1) Notice required. Every cable television company shall provide notice concerning the programming and other services offered on the cable television system and the rates and charges therefor. (2) Form and content of notice. (i) Notice shall be provided (a) to new subscribers at the time of installation; (b) to any subscriber who requests a change in service; (c) to all subscribers at least semi-annually; provided, however, that any cable television company that bills subscribers only by coupon book and does not provide regular mailings to subscribers at least quarterly may provide such notice to subscribers on an annual basis; and (d) to any person who requests such information. (ii) Notice shall be in writing and (a) shall be provided immediately where a request is made in person or (b) shall be provided by first class mail sent within ten (10) business days of the date of any request made by telephone or in writing. (iii) The notice shall contain a description, materially accurate as of the first day of the previous month, of all service tiers and the networks provided thereon and the rates and charges therefor and any other services offered to subscribers and the rates and charges for such other services. The notice shall also include a statement of significant rights accorded to subscribers pursuant to Section 824-a of the Executive Law and the regulations promulgated by the commission. Such statement shall be in a form as approved by the commission. In addition, notice to new subscribers shall include a copy of any notice which has been sent to current subscribers pursuant to subdivisions (a) - (c) of this section within the previous sixty (60) days. (f) Amendments to existing_rules. (1). Section 590.61(h) of the commission's rules is amended to read: 590.61 Definitions. (h) Downgrade charge shall mean a charge imposed upon a subscriber for implementing a request [for a reduction of services in the amount or level of cable television services.] by the subscriber for a change in service to a less expensive tier than the tier currently subscribed to. (2) Sections 590.62(b) and (c) of the Commission's rules are amended to read: 590.62 Notification of billing practices. (b) Notice shall be given as follows: (3) to all subscribers at least [annually.] semi-annually. -6- (c) Every cable television company (i) shall file copies of its billing practices and payment requirements with the commission and (ii) shall maintain on file in its local office for public inspection for a period of two years copies of its billing practices and payment requirements and [promotional and general informational materials (including monthly bill stuffers).] all advertisements, lists or other notifications regarding programming sent to or made available to the public. For purposes of this subdivision, "advertisements, lists or other notifications" shall mean any commercial messages which a cable television company originates and causes to be disseminated to the public or its subscribers by means of radio, television or print, or pursuant to a printed directive, which relate to the service tiers, networks or programming offered by said company to its subscribers and the rates and charges therefor, except that such terms shall not include any commercial message concerning a network or programming which originates with the network or programmer independent of the cable television company. (3) Section 590.63(f) of the Commission's rules is amended to read: 590.63 Bill format, late charges, collection charges and downgrade charges. (f) A cable television company may impose a [charge for downgrading a subscriber's services provided (i) that such charge does not exceed the cost thereof to the company and (ii) that subscribers have been notified in writing (print no smaller than ten point) of such charges. In no event may a downgrade charge be imposed upon a subscriber who is terminating service completely or who has maintained the same level of cable television services for six (6) continuous months immediately prior to a request for reduction in services. This section shall not apply to pay-per-view programming.] downgrade charge upon the conditions and in the circumstances as follows: (1) subscribers have been notified of such charge in writing in at least 10 point type; (2) the charge does not exceed the cost of the downgrade to the company; (3) the downgrade is from a level of service which the subscriber has not maintained continuously for six (6) months immediately preceding the date of the downgrade; (4) the downgrade was not requested by a subscriber affected by a "significant programming change" or a "network change"within forty-five (45) days of the receipt by the subscriber of the notice required by Section 590.69A(b)(4) and (c)(4). V -7- (g) This section shall be effective immediately upon filing with the Secretary of State and shall supersede any Commission rule inconsistent herewith including particularly, but without limitation, Section 590.69. y ~ May 18, 1990 TO: Cable Systems Operators, Municipal Officials and Interested Parties FROM: The New York State Commission On Cable Television The Commission proposes, in Docket No. 90400, to amend the primary service area threshold in Part 595.5 (a) (1) (iii) and Part 595. 5 (b) (2) of its Rules. The threshold is the minimum number of dwelling units per mile of aerial cable plant, above which level companies are required to provide service at normal rates and charges. The threshold is currently set at 35 dwelling units per aerial mile, which number was adopted in 1982 based on data for the period 1979-1980. Our staff has analyzed the latest financial and other available data (for the period 1988-1989) . Based upon this review, staff proposes that the primary service area benchmark be set at twenty (20) dwelling units per linear mile of aerial cable. The basis for this new threshold is staff' s finding that this is the minimum level at which it is economically feasible for the average cable operator to offer cable service to residents in an area contiguous to existing plant while allowing for a 10 year amortization of debt. Under the proposed rule change: 1. All subscribers requesting service in an area containing at least twenty (20) dwelling units per linear mile of aerial cable shall receive service, at normal rates and charges, and 2 . All residents located in an area with less than twenty (20) dwelling units per mile shall be provided cable television service upon their request if they contribute to the cost of construction (SC) , which shall be determined by application of the formula included in the rules or by a formula or policy of the cable operator, provided, however, that said formula or policy is no less favorable to the subscriber than that set forth in the Commission's rules. Page 2 • May 18 , 1990 All other provisions of Part 595.5 of the Rules would remain unchanged and continue in effect. The rule changes being considered are not directly applicable to exempt companies. Before issuing a Notice of Proposed Rulemaking, the Commission asked staff to solicit comments upon this proposal. Therefore, we ask you to respond to this proposal. Your responses or comments should be limited to the proposed rule change. In so doing, please include information concerning the following: a description of areas cabled and not cabled; the amount and number of line extensions built in 1989 ; technologies used; construction and debt costs; depreciation and amortization periods; and other relevant information to support your position. Small businesses in particular are asked to comment upon whether there are alternative approaches for ensuring the extension of cable television services to the maximum extent practicable in a manner that is economically feasible. All comments should be submitted on or before June 15, 1990. PROPOSED AMENDMENT PARTS 595.5 595.5 Requirements for construction of cable television plant and provision of cable television services. (a) Definitions. (1) Primary service area shall include each of the following within the franchised area: (i) those areas where cable television plant has built without a contribution-in-aid-of-construction by subscribers; (ii) those areas where the cable television company is obligated by the terms of its franchise to provide cable television service without a contribution-in- aid-of-construction by subscribers; (iii) any area adjoining an area described in subparagraph (i) or (ii) of this paragraph and which contains dwelling units at a minimum rate of 20 [35] dwelling units per linear mile of aerial cable; (iv) any area adjoining an area described in subparagraph (i) and (ii) of this paragraph and which contains at least the same number of dwelling units per linear mile of aerial cable as is the average number of dwelling units per linear mile of cable in areas described in subparagraphs (i) and (ii) of this paragraph. The average is to be determined by dividing the sum of the dwelling units in areas described in subparagraphs (i) and (ii) of this paragraph by the number of linear miles of cable in the same areas. (2) ne extension area.pshall be any area within the franchised area which is not the primary service area. (b) Where a cable television franchise is awarded, renewed or amended after October 1, 1982 the franchise will be confirmed or the amendment will be a proved by the commission onirit the franchise contains the following additional minimum franchise standards: (1) That, within five years after receipt of all necessary operating -2- authorizations, cable television service will be offered throughout the authorized area to all subscribers requesting service in any primary service area. (2) That cable television service will not be denied to potential subscribers located in line extension areas who are willing to contribute to the cost of construction in accordance with the following formula: C - CA = SC LE P C equals the cost of construction of new plant; CA equals the average cost of construction per mile in the primary service area; P equals the lower of 20 [35) or the average number of dwelling units per linear mile of cable in areas described in subparagraphs (a) (1) (i) and (ii) of this section; LE equals the number of dwelling units requesting service in the line extension area; and SC equals subscriber contribution-in- aid-of-construction in the line extension area. (i) Whenever a potential subscriber located in a line extension area requests service, the cable television company shall, within 30 days of the request, conduct a survey to determine the number of potential subscribers located in the line extension area, and shall inform each of the potential subscribers of the contribution-in-aid- of-construction that may be charged. The cable television company may require pre-payment of the contribution-in-aid-of-construction. The cable television company shall apply for pole attachment agreements within 30 days of its receipt of the contribution-in-aid-of-construction. Cable television services must be made available to those who made a contribution-in-aid-of-construction within 90 days from the receipt of pole attachment agreements by the cable television company. `s • -3- (ii) The contribution-in-aid-of- construction shall be in addition to the installation rate set forth in the franchise. (iii) During a five-year period commencing at the completion of a particular line extension, pro rata refund shall be paid to previous subscribers as new subscribers are added to the particular line extension; the amount of the refund, if any, shall be determined by application of the formula annually. The refunds shall be paid annually to subscribers, or former subscribers, entitled to receive them. The company shall not be required to provide refunds to any previous subscriber otherwise entitled to a refund, who is no longer at the same address and who has not informed the company of the subscriber' s address... (3) That cable television service will be provided to any subscriber who demands service and who is located within 150 feet of aerial feeder cable, and that the charge for the installation for any subscriber so situated will not be in excess of the installation charge specified in the franchise. (4) Nothing in paragraph (1) of this subdivision shall be construed to preclude: (i) the provision of cable television services by the franchisee in a line extension area without assessing a contribution-in-aid-of- construction; or (ii) the inclusion in a cable television franchise of a provision establishing a primary service area which includes at least all of those areas which are in the primary service area as defined in subdivision (a) of this section. (5) Nothing in paragraph (2) of this subdivision shall be construed to preclude: r. • -4 (i) the discounting or the waiver of the maximum contribution-in- aid-of-construction charge a cable television company can charge a subscriber pursuant to paragraph (2) of this subdivision; or (ii) the inclusion of a provision in a cable television franchise establishing a formula to be used . to determine the contribution-in- aid-of-construction charge, which formula is different than ,the formula set forth in paragraph (2) of this subdivision, provided that the formula included in the franchise does not require payment by the subscriber in a line extension area of a higher contribution-in-aid-of- construction charge than would result from the use of the formula set forth in paragraph (2) of this subdivision. (c) All cable television companies operating in the State of New York ,shall make cable television service available to all potential subscribers requesting service who are located in a primary service area as defined in paragraph (a) (1) of this section, and shall make services available in line extension areas as defined in paragraph (a) (2) of this section at charges which may not exceed those provided for in paragraph (b) (2) of • this section within the following schedule of compliance: V (1) prior to January 1, 1984 in any franchise area for which the original certificate of confirmation of t e franchise was granted by this commission pfior to , January 1, 1979 ; (2) within five years from the date the certificate of confirmation was granted by this commission, in any franchise area for which the original certificate of confirmation of the franchise was granted by = this commission after January 1, 1979. (d) The provisions of this section may be waived by the commission if the commission determines that compliance with the section would not;be possible within the limitations of economic feasibility. r } ( vk ag AMERICAN COMMUNITY CAULEVISION June 29 , 1990 Contact: • Barbara Lukens 272-7875 American Community Cablevision Announces Channel Realignment On August 9 , 1990 , American Community Cablevision will realign channels to allow for the addition of C-Span to basic cable service and the move of Turner Network Television , TNT , to tier service ( available in rebuilt and non-rebuilt areas ) . These positive changes are , regrettably, made possible by the loss of WVIA - channel 44 ( cable channel 19 ) . C-Span, a cable industry supported service , provides live gavel-to-gavel coverage of the U . S . House of Representatives , and is currently seen on cable channel 24 . On August 9th C-Span will replace P1VIA on channel 19 . Turner Network Television airs over 250 movies per month and features the NBA, quality children ' s programming , made for TNT specials , and this fall TNT will air 9 exclusive NFL matchups . TNT, currently seen on cable channel 39 only in rebuilt areas , will be seen on cable channel 24 beginning August 9th . WVIA, a PBS affiliate from Scranton, PA. has remained a technical problem for ACC since the station cut its output power some years ago . ACC has been unable to find an acceptable -more- 519 West State_ Street Ithaca. New York 14850 c07-777-.?17' • r solution to the problem and has been cited in the past by the New York State Commission on Cable Television for the poor quality of . that particular signal . "Two other factors brought about the decision to discontinue carrying WVIA, " said ACC General Manager, Barbara Lukens . "Our permit to use a site on Connecticut Hill , the only location at which WVIA ' s signal can been seen at all , was recently revoked and the tower there ( at Connecticut Hill ) is unsafe and would have required replacement. " • "We believe the accessibility of C-Span to all ACC subscribers as well as the increased availability of TNT to - subscribers are very positive changes, " Lukens went on to say. Approximately 40% of the programming found on UVIA is duplicated on the remaining PBS affiliates , much of it at the same time . Subscribers can watch the Ithaca Journal for program match-ups to WVIA programming which can be found on other basic cable channels . In ACC ' s Candor system, which has a somewhat different channel line-up than Ithaca , WVIA will be replaced on cable channel 6 with WSYT - channel 68 , the popular Fox affiliate from . Syracuse . Subscribers are asked to watch their bills for a programming survey. Their input, along with other factors, will be used in selecting future programming additions . --30-- June 1990 Because the cable industry has been the focus of perceived complaints about high price and poor service, I decided to do a comparison to the local telephone company to see how they rate. I spoke to a service representative at NYTEL, whose only function is to deal with customers who want residential telephone service. Here' s what I found out : (rates apply to the Town of Lansing where I live. ) o basic budget service $ 7. 25 + tax (plus pay for local calls at approx. 10 cents ea. ) - � o basic service $18. 06 + tax '� (� y-arze (unl imited local calls) ' ^/^ ��)�� L�� �~- o touchtone service $ 2. 21 + tax '/' . 6(/ ^� ' �//�� " .V � o non-published number $ 1 . 88 + tax .��� �me�'�/`'-' In my area call forwarding and call waiting are not available. I was told that the basic service charge is dependent on the quantity of available local numbers which can be called. Therefore, people who live in more highly populated areas pay more for basic service than those who live in less densely populated areas. Inside wiring is now owned by the customer , as of 1 /1 /90. Maintenance costs are as follows (per month) . $0. 95 for service calls and maintenance of the inside wiring and one outlet . If the problem is not in the wiring (a faulty phone for example) , the customer pays $31 . 67 for the service call plus $5. 27 per 1/4 hour the technician is there. The customer must still have his/her phone replaced or repaired. Y` $1 . 45 for service calls and maintenance of the inside wiring and one outlet . If the problem is not in the wiring the customer is not charged for the service call , but again must go elsewhere to to have the problem resolved. $2. 95 for service calls and maintenance of the inside wiring and one outlet . If the problem is not with the wiring but is a faulty telephone they' ll provide a loaner phone " free" for 60 days and there will be no charge for the service call . ■J ^^�� ~ / �» �V �/4�) �„ �« / ' �`-'� �~ tat- I /y /~. ' � � �'«°���� 1 Installation: -` $52. 70 + tax if they can do it by computer - no truck rolls Could take up to 2 working days. $82. 19 + tax if the house is wired and they just have to bring the outside wires to the house. (\' If they have to do the inside wiring also, it ' s time and materials and could be as much as $175 for one outlet . I called on 5/25 and she said she could do an install on 6/5 ( if I was /) really pushy she could move it up to 5/31 ) . morning or afternoon appointments may be requested, but they do not guarantee that they will be there, so if they don ' t make it during the time period the customer has requested the customer has to reschedule. Generally appointments are for all day. Just another note, they' ve expanded their customer call -in hours to 5: 30 p. m. on weekdays and on Saturdays from 8: 30-12: 30. So, why is it that the perception is that the telcos provide better service than the cable company? ACC' s service calls continue to be free of charge, our installation rate is less than what NYTEL charges for a computer "turn on" . ACC charges less to put new cable in a home than NYTEL charges to do a "computer only" installation and we provide morning and afternoon appointments if they are requested. Typically the wait for an installation is about 72 hours if a specific time is not needed. It seems to me that cable customers get better service than do customers served by utility companies. | * � r ' 6/28/90 to: Access Advisory Board and City Cable Commission -Fr: Eloise Greene re: government access channel programming NYSCAN, operated through N. Y. S. Commission on Cable Television, provides twelve hours daily of State legislative and governmental programming, with about 4-5 hours of new product daily. However, there is no means of distributing the product statewide. Transponder time has not been funded, and there is no expectation that a funding bill will pass the state senate. The bill requests a two year funding window to operate over satellite (costing about $ one million annually) while finding other sources of revenue to continue. Presently, NYSCAN' s programming can be viewed over only a couple Albany-area cable systems via a small microwave linkup. The goal of NYSCAN was to provide service statewide. John Figliozzi , Managing Director, would appreciate letters of support from cable commissions to use with legislators. His address is: New York State Commission on Cable Television Empire State Plaza Corning Tower 21st floor Albany, NY 12223 ' From September to May NYNET provides over satellite two hours weekly of material condensed from the NYSCAN programming. This is free and available to community access and schools. Locally, twenty evenings each month could be programmed by cablecasting on tape delay the following regularly scheduled meetings: Ithaca City Council (meets first Weds. ) Planning Board (fourth Tues. ) Town of Ithaca Board (first Mon. after the first Tues. ) Planning Board (first and third Tues. ) Ithaca School Board (meets twice a month) Danby Town Board (second Monday) Planning Board (third Weds. ) Newfield Town Board (second Weds. ) Planning Board (second Thur. ) Lansing Town Board (third Weds. ) Planning Board (second Mon. ) Dryden Town Board (second Tues. ) Planning Board (second Thur. ) . ` Trumansburg Village Board (second Mon. ) • Planning Board (third Thurs. ) Ulysses Town Board (second Tues. ) Groton Town Board (second Mon. ) Planning Board (third Thur. ) Tompkins County Board of Representatives (first and third Tues. at 5130)