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HomeMy WebLinkAbout1991 Cable Commission AgendasCITY OF ITHACA TV CABLE COMMISSION Meeting July 9, 1991 7:30 PM City Hall 1. Call to Order 2. Approval of minutes of June 11, 1991 meeting. 3. Public comment 4. ACCs report 5. Public Comment 6. Cable Access Advisory Board Report a) Education and government access b) SCOLA 7. Old Business 8. New Business Tct+ ueflntdci Cdd'e-' channels administration MEMO To: Jim, Peter, Mary, Chris and Pat K. From: Tom Re: Schedule of Cable Commission meetings Date: July 3, 1991 I am leaving town tomorrow and will not be back until August 11, 1991. Jim, as Vice -Chair will be chairing the July meeting. I will be back for the August meeting. You may want to discuss the schedule of the August meeting if any of you will be away on August 13th. We will probably want to meet in August to work on the E&G channel administration issue but we could schedule a meeting at a different time if it looks like there won't be quorum on the 13th. See you in August. AMERICAN COMMUNITY CABLEVISION June 24, 1991 Mr. Tom Terrizzi Chair of the Cable Commission U City Hall 108 E. Green Street Ithaca, NY 14850 Dear Mr. Terizzi: Pursuant to the discussion at our meeting of June 12, 1991, I prepared the following list of the equipment which would be needed when each additional access channel is activated: 1 rack. (to contain equipment); 1 SVHS playback VTR; 1 modulator; 1 "package" - video and audio distribution amps. There would also be labor costs involved in the installation of the equipment. In addition, there might have to be space alterations at the facilities at 612 Green Street. JUN 2 5 Sincerely, Barbara t.�Lukens General Manager BLL/mkk 519 West State Street Ithaca, New York 14850 607-272-3456 PEG ACCESS EXPANSION: ESTIMATE FOR ADDITIONAL EQUIPMENT / BUILDING CHANGES NEEDED I. Current Capability: Ch 13: -gala-13, Playback unit with 3 source VTRs & 64 pg.Bulletin Board. 10 -yr old switching system in hub to permit 2 remote sites: Ithaca College and the TC Library. Ch 53: 2 remote sites: City Hall & TC Board of Reps meeting room ( Court House). Live cablecasting only. No preview of signals possible. Switched manually from ACC. Note: The hardware needed to activate Channel 53, a modulator and demodulator, were purchased in 1990 but used 1991 access capital dollars. This will be reflected in ACC's First Quarter 1991 Report on Access, due 5/6/91. II. ACC's Proposal [Initially outlined to AAB in November 1990] In accordance with the AAB's resolution which urged ACC to add access channels in stages, ACC suggested addingequipment to accomodate the following functions: 1) Put P, G, and E access on 3 2) Accomodate new live remote addition to City Hall, Library 3) Add playback capability to the playback of channel 13. 4) Allow remote sites to go "live" from their location [rather than needing to manually switched at ACC]. 5) Accomodate G or E Bulletin Boards or other remote sources in the future. separate channels sources (Board of Reps, BOCES) in and .IC. the G and E channels separate from A. diagram of one system which would achieve these objectives is attached. Each channel would have 4 possible inputs, which could be switched at ACC or remotely via a telephone "encoder" from a remote source. Please note that this proposal was not intended as a final configuration or limitation for access. It was intended as part of a staged approach, taking into account the current needs of access users and the limits of our annual capital budget. As it is, this proposal would utilize portions of 1991 and 1992 capital funds. 1. Channel 13 is already operational. 2. Channel 53, the G channel, could accomodate the City, the County Board, VTR playback and one fourth source, here noted as a bulletin board. 3. Channel 54, the E channel, could accomodate IC, the Library, BOCES and a fourth source, such as VTR playback from ACC. It is assumed that if the E channel desired a bulletin board, it could use a character generator at one of the remote sites. An extremely rough breakdown of the cost of these channels is listed below: Channel 13: No additional capital expenses related to, channel. expansion. Channel 53: Item Switching Matrix [4x1] Telephone Encoders for 2 live remote sources Audio/Video Switcher [to allow for preview of remote signals] SVHS Playback VTR Time Base Corrector [for stable playback] Monitors [Program & Preview] Audio monitor package Equipment Rack Modulator/Demodulator [City Hall]* Demodulator [County Court House]** Cables, labor for. Installation Total*** Estimated Cost $3,500 $2,800 $1,200 $2,700 $5,000 $1,700 $500 $1,000 $5,300 $2,600 $2,000 $2.8,300 * This has already been purchased and installed. See note above about financing. ** County has purchased its own modulator. *** In diagram, Community Bulletin Board shown as running when there is no other programming. If government channel desires a separate bulletin board, this would be an additional expense [$2,500 or so for a unit such as our current Bul.Bd. for 13.] Channel 54: Item Switching Matrix [4x1] Telephone Encoders for 3 live remote sources Audio/Video Switcher [to allow for preview of remote signals] SVHS Playback VTR Time Base Corrector [for stable playback] Monitors [Program & Preview] Estimated Cost $3,500 $4,200 $1,200 $2,700 $5,000 $1,700 Audio monitor package $500 Equipment Rack $1,000 Modulator/Demodulator [BOLES] $5,300 Demodulator [IC]* $2,600 Demodulator [Library]* $2,600 Cables, labor for installation $2,000 Total*** $32,300 * Our engineer advises that, while the Library and IC have their own modulators, they are very old and should be replaced at this time. Add $2,700 per unit if this is desired. Total for Ch. 53-54 Equipment $60,600 III. Additional Planning Considerations It is impossible to effect a significant increase of playback from ACC without reallocation of space in the access center. The equipment propsed above would not fit within the current playback room. One possibility is to move the playback area to the room currently serving as our conference room. We could expand to up to 5 6 -foot racks here. Also, as our playback operator also serves as portable equipment checkout person, this room could accomodate an equipment "cage" for portable signouts. 1 c � 3 53 � v c) G 0) 10 .4 r s.oRce 541 ACC AMERICAN COMMUNITY CABLEVISION June 18, 1991 Ms. Debra A. Parsons Chamberlain's Office 108 East Green Street Ithaca, NY 14850 Dear Ms. Parsons: In July, 1991 ACC is informing City of Ithaca customers that a senior citizen's discount on basic cable service, which is need based, is available in Ithaca. The message will be printed directly onto their bills and says: "ACC OFFERS A 10% DISCOUNT ON BASIC CABLE SERVICE TO CUSTOMERS 65 YRS OF AGE OR OLDER AND WHOSE TOTAL ANNUAL HOUSEHOLD INCOME IS LESS THAN $15,000. APPLICATION MUST BE MADE AT YOUR MUNICIPAL OFFICE. BRING PROOF OF AGE AND INCOME WHEN APPLYING." I thought you'd like to know this since you may get a number of applicants following our notification. Also, we are looking for a way to indicate to seniors, that they have received the discount. Right now, if they've satisfied the criteria, they are getting the discount, but there is nothing on the bill to;indicate this. We'd like to end the confusion if we can. If I can be of further service, please call. Sincerely, ji y!',..z„:1 '7\ Barbara L. Lukens, General Manager cc: Tom Terrizzi, Chair of Ithaca Cable Commission Cookie Paolangeli, City Clerk 519 West State Street Ithaca, New York 14850 607-272-3456 ACC AMERICAN COMMUNITY CABLEVISION Mr. Tom Terrizzi Ithaca Cable Commission 714 North Cayuga Street Ithaca, New York 14850 May 20, 1991 Dear Mr. Terrizzi: This is to inform you that the CNBC purchase of the Financial News Network has been approved. By the end of this week, FNN and CNBC will be integrated. ACC will notify you of the definitive date of integration as soon as we have a firm date. CNBC/FNN will replace FNN on cable channel 19 in Candor. CNBC/FNN will replace FNN on cable channel 20 in Newark Valley. CNBC/FNN will appear on cable channel 27,and we are investigating options for a possible replacement cable service for cable channel 42 on the Ithaca lineup. It is CNBC's intention to combine the best of CNBC and FNN --the best ticker, talent, features and programs. The integrated service will be called CNBC/FNN during the business day and CNBC at night and on the weekends. The integrated business will continue to provide our customers with financial news. programming, consumer programming during the week and talk programming on weekends. 519 West State Street more... Ithaca, New York 14850 607-272-3456 SCC AMERICAN COMMUNITY CABLEVISION CNBC/FNN To help assure a smooth transition, CNBC has set up an 800 question and answer line (1-800-SMART-TV).This will help to serve our customers who may have questions since it's unclear how much advance notice and promotion will be possible. On the day of the integration CNBC will continually communicate to our customers all programming format chances so the information they are accustomed to receiving will be simple to find. CNBC will promote the 1 -800 -SMART -TV number on -air on the combined service continuously for the first several weeks. ACC will inform cable customers of this change via stuffers in their June billing statements and on -air messages in accordance with New York State rules and regulations, and in keeping with Cable Association Standards.. A press release to all media will be mailed immediately. Si•� mel Christoph-' J. Doyle Marketing/Operations Manager cc Mayor/Supervisor NYS Cable Commission Ithaca Cable Commission 519 West State Street Ithaca, New York 14850 607-272-3456 ACC AMERICAN COMMUNITY CABLEVISION April 12, 1991 Ms. Callista Paolangeli City Clerk of Ithaca City Hall 108 E. Green St. Ithaca, NY 14850 APR 1 7 Dear Ms.Paolangeli: This is to inform you that the CNBC purchase of the Financial News Network has been approved by bankruptcy court and is currently being reviewed by the Federal Trade Commission. The FTC review process is likely to conclude on or about April 19, 1991. A short time thereafter, FNN and CNBC will be integrated. ACC will notify you of the definitive date of integration as soon as we have a firm date. At present, we anticipate CNBC/FNN to appear on cable channel 27, and we are investigating options for.a possible replacement cable service for cable channel 42 on the Ithaca lineup. It is CNBC's intention to combine, the best of CNBC and FNN --the best ticker, talent, features and programs. The integrated service will be called CNBC/FNN duringthe business day and CNBC integrated night and on the weekends. The business will continue to provide our customers with financial news programming, consumer programming during the week and talk programming on weekends. To help assure a smooth transition, CNBC has set up an 800 question and answer line (1-800-SMART-TV).This will help to serve our customers who may have questions since it's unclear how much advance notice and promotion will be possible. On the day of the integration CNBC will continually communicate to our customers all programming format chances so the information they are accustomed to receiving will be simple to find.. CNBC will promote the 1 -800 -SMART -TV number on -air on the combined service continuously for the first several weeks. ACC will inform cable customers of this change via stuffers in their May billing statements and on -air messages in accordance with New York State rules and regulations, and in keeping with Ca• - association Standards. ristow er J. oyle Marketing/Operations Manager enc. CJD/mkk 519 Wesi State Street Ithaca, New York 14850 607-272-3456 di,t( aale, Some Topics for Discussion between NYSCC Consultants and CAAB members -- 5/8/91 1) There is disagreement between the cable company on one side and City of Ithaca and the Cable AccessAdvisory Board (CAAB) on the other, on two issues related to the establishment of new access channels. The CAAB position is summarized as follows: The City of Ithaca cable franchise states: 14.1 A. (1) Nine downstream channels shall be designated for public, governmental, and educational access...(emphasis added). NYSCC access standards state: 595.4 (c) (7)The designation of PEG access facilities shall include the provision by the cable franchisee of the technical ability to play back pre-recorded programming and to transmit programming information consistent with the designated uses of PEG access channels (emphasis added). Tthe CAAB takes these two provisions to clearly indicate that ACC is obligated by the franchise to have nine operating access channels on its system. Even if the implementation of these channels is deferred, as it has been, the obligation dates from the effective date of the franchise, and the city need only make a request to have additional channels activated. ACC, which currently has two access channels operating, one without playpack capacity, continues to insist on a needs test for new access channels based upon its own criteria. A second, related area of disagreement is over how the equipment required to start up a new channel is to be paid for. The following franchise provision pertains to funding of access capital expansion: 14.1 C. (3) All access equipment shall remain the property of ACC but shall be made available for access use...ACC has agreed to provide 2% of Gross City Revenues for capital PEG access equipment replacement and expansion. (emphasis added). ACC maintains that it may use the money designated under this provision to purchase transmission equipment to activate access channels. The CAAB thinks it is clear that since the franchise calls for nine operating access channels as part of the franchise agreement, and since the 2% provision applies specifically to capital expansion, that these 2% funds may not be used to purchase any transmission equipment needed to establish the nine mandated access channels. We believe that these 2% funds were never intended for anything other than the purchase of production facilities_for access, and that any other use is based on a misinterpretation of the franchise. What support might we request from the State Cable Commission for our position on these issues? O Notes: 0 2) Our franchise and, we understand, state and federal regulations calls for access channels and equipment to be made available to individuals and groups on a first-come first-served basis. This has proven to be an inadequate rule to meet the needs of access latecomers. What other mechanisms may be/have been used for fairly allocating access facilities under heavy demand? Notes: 3) Our access center is managed by the cable company with the Cable Access Advisory Board serving in an advisory capacity only. What other models for management of access facilities exist and what are their advantages and disadvantages? Municipal and non-profit agencies involved in administration of access facilities are of particular interest. Notes: 4) Do you have any information or thoughts about the impact of new technologies on access? Notes: 5) We recently have received several requests for establishment of a public access radio station on the cable. Is public access radio addressed in state regulations? Has this been done before? Notes: 6) What regulations/precedents apply to cross scheduling of PEG access channels? Is it permissible to put, for example, public access programming on a municipal channel? If permissible, who has authority to do cross scheduling? What happens when an individual, an agency, or the cable company objects to it? Notes: 7) Some access volunteers have recently complained that thereis not sufficient staff to run the access facility at current levels of activity. The franchise states: 14.4 ACC shall provide adequate programming and technical staffing for the maintenance and operation of the access channels, facilities, studio and equipment and the provision of. access services as required in the franchise... Who decides in this case whether staffing levels are adequate? Notes: Proposal for Establishing a Governing Board for Educational and Governmental Access Channels 1) An independent board shall be established to administer the use of governmental and educational access channels on the ACC cable system based in Ithaca. 2) This board shall be composed of representatives from chartered organizations currently or potentially involved in delivering educational or governmental access programs in the ACC coverage area. Each such agency will be entitled to one position on the board. 3) The authority and responsibilities of the board are as follows: a) Set all policies and procedures for the use of the educational and governmental access channels. b) Coordinate training and outreach to promote increased use of the access channels. c) Appoint any staff that has responsibility for administering the educational or governmental access channels. d) Coordinate cooperative ventures and resource and information sharing among participating agencies e) Administer and promote the I -Net f) Work with the Access Coordinator and the Cable Access Advisory Board to resolve any problems relating to shared use of facilities with the public access channel. 4) The ACC access staff will retain an important role in the day-to-day operation of the educational and governmental access channels. They will schedule and operate these channels in accordance with the procedures established by the Educational and Governmental Access Governing Board. Notes on the scope of this proposal: This proposal concerns only the administration of educational and governmental access channels. It does not speak to changing the existing access center's role as the administrator of the public access channel and the provider of production and playback facilities for PEG access. It presumes that proposals for changes in these areas will be considered separately, at another time. The access center is now successfully coordinating a full roster of programming on the public access channel, and a heavy schedule of use of studio, editing, and portable facilities. Developing plans to reorganize the access center will require careful thought and deliberate negotiations to assure that there is no serious disruption of its day-to-day activities or its financial base. On the other hand, there should be no delay in putting administration of the educational and government channels under independent auspices to comply with state regulations and establish the precedent of independent control. There is little need for concern about disruption here, since current activities are very limited. Further, the needs, objectives, and resources of governmental and educational access users are similar to each other, but tend to be different from those of public access users. Educational and governmental access users are likely to be using access for advancing organizational goals and activities, whereas the priorities of public access producers are more likely to be artistic experimentation and political activism. This conflicts inherent in such different goals suggest that the administration of the public channel on one hand and the educational and government channels on the other should be permanently assigned to separate entities. Creating a governing board for the administration of E & G access therefore, does not preclude setting up a similar independent structure for public access in the future and in fact might provide a good model on which to base such an agency. CITY OF ITHACA TV CABLE COMMSSION Meeting March 12, 1991 7:30 PM City Hall ' ci - ken tc Q,14-9 PM . 1Y©[EDMC� MAR ,g 1991 D 1. Call to Order 2. Approval of minutes of January 8 and February 19, 1991 meeting. 3. Chair's report a. Complaints - Rotation of Commission members Written response - letter and brochure b. Circulation of reports - Commission members and CAAB 4. Public comment 5. ACC's report 6. Public Comment 7. Cable Access Advisory Board Report 8. Old Business a) Federal legislation - FCC rulemaking b) Access complaints - profanity . c) ACC computer dunning d) Senior Citizens discount 9. New Business a) 1990 outages b) Williams billing complaint NEW YORK STATE COMIVIISSION ON CABLE TELEVISION CORNING TOWER BLDG., EMPIRE STATE PLAZA ALBANY, NEW YORK 12223 (518) 474-4992 (518) 486-5727 FAX WILLIAM B. FINNERAN - Chairman <57t eda. List of all Materials Received by Cable Companies, Accounting Unit Annual Financial Report Technical Unit All test data, results Legal Unit All transfer materials SEQRA information Application for franchise which includes the following: - certification of public notice for application - resolution granting franchise to company - test data - R-2 form - financial information Municipal Unit Application for franchise (see above) Customer service materials which include the following: - rate changes, programming changes - resolution of customer complaints - anticipated service outages Public access rules Transfer information Miscellaneous items Materials On -Hand to send to Municipalities: The Cable Communications Policy Act of 1884 Article 28 of the Executive Law The Commission's Rules and Regulations The Alternative Franchising Procedure Workbook The Cable Franchising Workbook Consumer Rights Pamphlet THEODORE E. MULFORD Commissioner BARBARA T. ROCHMAN Commissioner JOHN A. PASSIDOMO Commissioner MICHAEL E. RUSSELL Commissioner EDWARD P. KEARSE Executive Director 4 7,7045, AMERICAN COMMUNITY CABLEVISION February 14,.1991 Ms. Callista Paolangeli City Clerk City Hall 108 E. Green Street Ithaca, NY 14850 Dear Paolangeli: FEBr@ED\WIE z o issi FEB 2 0 1991 Here are some reports which are required by our franchise agreement. The ownership report and list of officers and board members of ATC will be sent with our annual financial report, which usually comes to you in September. There have been no changes in these since they were last sent. Included herewith are the following: FCC annual performance test- ing results, summary of service requests and complaints, summary of outages and summary of reports required by NYSCCT or FCC related to city. Included in mfr annual letter to the City were the summary of last year's activities and the report of physical miles of plant construction. The certified income statement was sent under separate cover. ACC currently has 60.2 miles of of plant in operation in the City of Ithaca. Please feel free to contact me at 272-7875 if you have any ques- tions. Sincerely y,, /, Barbara L. Lukens General Manager cc: Ithaca Cable Commission, w/o attachments enc. BLL/mkk 519 West State Street __ Ithaca,-NewYork74850' • —607-272-3456 61 -de 616 Co Ado-r,scec /- -P-� co h,e��� a � - /3 , - -� ,BGG ms/._‘ persons, especially. those with disabilities, have this information before an emergency arises. (Chapter 85,Laws of. 1990) Solid Fuel Burning Devices. Assembly bill 7971 (Tonko) - would clarify the intended purpose of prior legislation by directing that standards for inspections of solid fuel burning heating appliances, chimneys and flues are to be included within the Uniform Fire and Building Code. (Passed Assembly; died in Senate Housing and Community Development Committee) CABLE TELEVISION Cable Consumer Bill of Rights, A.9288 (Brodsky) The quasi -monopoly position of the cable industry, created by de -regulation through the federal Cable Communications Act of 1984, produced a consistent and rapid increase in the prices charged by cable companies. Cable customer contracts frequently provided that programming changes directly affecting their subscribers could be made without any notice to those subscribers. Moreover, cable companies often failed to keep their subscribers informed with respect to their current rate and programming options. For instance, one cable company made one of its premium channels available to all of its subscribers for one year for the price of its basic cable subscription. Because existing subscribers were not notified about this change and many new subscribers were misinformed, thousands of subscribers paid substantially more than necessary for the cable service. Another example of this problem was the recent dispute between the Madison Square Garden Network (MSG) and many local cable franchises. Cable operators wanted to switch the Yankee baseball games to a more expensive tier in their cable package; MSG wanted the program to remain part of the basic service. Many subscribers were justifiably upset. A.9288 (Brodsky) - provides cable subscribers in New York State with a number of protections. Unannounced switches from a basic to a more expensive tier of service, or the unannounced removal of a program, can no longer occur under the new law. Cable operators must provide subscribers with at least 30 days' notice before a significant programming change. In some circumstances, subscribers can discontinue service and receive a refund on certain charges if programming is changed. 24 The law provides cable customers with the opportunity, at least on a semi-annual basis, to re-evaluate their subscription contracts in light of other rate and programming options that may have developed.. Cable customers are now in a position to make purchasing decisions more carefully tailored to their interests and budgets. If an advertised channel or program is cut or increased in price .without warning, the customer can terminate service and receive "a refund of the installation and sign-up charges. If the customer keeps the service, he or she can receive credit for up to one-third of the basic monthly service charge for up to six months. - If cablecompanies do not respond to a customer's complaint, the customer can now take legal action. Companies violating the provisions of the measure can be fined up to $3,000 per violation, or for every person affected. (Chapter 9, Laws of 1990) INDIAN AFFAIRS Crisis at Akwesasne The Committee has jurisdiction over the State Indian Law and Indian affairs generally. An issue which received a great deal of attention by the Committee was the strife at Akwesasne, also referred to as the St. Regis Mohawk Reservation, which straddles the United States -Canadian border. Escalating tensions over the presence of illegal gambling establishments at Akwesasne led to increasing lawlessness and, ultimately, to the shooting deaths of two Mohawk residents in May of 1990. These killings were the impetus for the New York State Police and their Canadian counterparts to move onto the reservation to restore order. In response to this crisis, the Committee convened hearings, in conjunction with the Assembly Committee on Environmental Conservation and the NYS Black and Puerto Rican Legislative Caucus, to examine the deep-seated problems at the reservation more fully. The Committee held two hearings: the first near Akwesasne at the Salmon River Central School on July 24, and a subsequent hearing in Albany on August 2. Among the topics addressed during the hearings were two 1990 Governor's program bills --one dealing with the establishment of an indigenous police force on the reservation (#322), and the other addressing the establishment of a gaming compact between the State and the St. Regis Mohawk Nation (#325). The Committee heard over 27 hours of testimony and received a large number of written statements from a wide range of 25 • .:iCi���s�,-±�i.Z".S.s��ijres�l�i�,_rEaasrJ9si.:�'d.�:`:lr`.:.a.,��Eacc,��'�,�,::^`eau..,n�.t,K.�AKa1'��iu�-:�7a:+�::�5tivc+k..c�e, ;st,�ave�riux.,,.•,a•••.'�`er�rrnxe;::zr�.�a'u,'�,r.�cx.•:-.rF��uli-Y._c.�xs:vuyc.'�c;c.:c.s.�s..:n Weekly Bulletin -3- Docket Number cFla-&-a/.4 February 15, 1991 M30770 Application of Warner Cable of Olean for approval of Temporary Operating Authority in the Town of Hinsdale (Cattaraugus Co.) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M30772 Application of Warner Cable of Olean for approval of Temporary Operating Authority in the Town of Olean (Cattaraugus Co.) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M30844 Application of A -R Cable Services for approval of Temporary Operating Authority in the City of Rensselaer (Renss. Co.) ORDER GRANTING TEMPORARY OPERATING AUTHORITY Date Released 2/08/91 91-040 2/08/91 91-041 02/08/91 91-047 M30845 Application of TCI of NY -Kingston Cable for approval of Temporary Operating Authority9l/05391 in the Town of Kingston (Ulster County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M30855 Application of ATC -Greater Rochester Cablevision for approval of Temporary 02/08/91- p Operating Authority in the City of y 991-036 Rochester (Monroe County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY lor M30985 Application of American Community Cable 02/08/91 for approval of Temporary Operating 91045 Authority in the Village of Groton (Tompkins County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M30992 Application of ATC -American Community Cable 02/08/91 for approval of Temporary Operating 91-037 Authority in the Town of Danby (Tompkins County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M30997 Application of Cooney Cable for approval of 02/08/91 Temporary Operating Authority in the Town 91-044 of Alma (Allegany County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY Weekly Bulletin Docket Number 5-74C.04 apt, -4- February 15, 1991 M31011 Application of A -R Cable Services -NY for approval of Temporary Operating Authority in the Town of North Greenbush (Renss.Co.) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M31092 Application of TKR Cable -Rockland for approval of Temporary Operating Authority in the Village of Sloatsburg (Rockland Co.) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M31138 Application of American Community Cable for approval of Temporary Operating Authority in the Town of Lansing (Tompkins County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M31164 .Application of TCI of NY -Boonville for approval of Temporary Operating Authority in the Town of Adams (Jefferson County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M31165 Application of TCI of NY -Boonville for approval of Temporary Operating Authority in the Village of Adams (Jefferson County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M31166 Application of TCI of NY -Boonville for approval of Temporary Operating Authority in the Town of Boonville (Oneida County) ORDER GRANTING TEMPORARY OPERATING AUTHORITY M31167 Application of TCI of NY -Boonville for approval of Temporary Operating Authority in the Village of Port Leyden (Lewis Co.) ORDER GRANTING TEMPORARY OPERATING AUTHORITY Date Released 02/08/91 91-048 02/08/91 91-049 02/08/91 91-046 02/08/91 91-055 02/08/91 91-056 02/08/91 91-054 02/08/91 91-057 C°►►►N., lyame. 5ystetn ase `►st �� •�tiich ►t is RS tea Pe c°vnty ► OF SU1 etve ►ts name and tt� Tre NiIMaF�d 14`C`Q pica ed vested ►s define" SCR1B� ES Q PS ac� vas � eAvals b°`e t�Je• S e .� tts bet °t i1� ►ldins+ t° tre neatest Aly 1lAS 54 ACS vas`. tan <he vvmv,,. \s °t exceeds . �,4 1pE h,c int°imat,Onis oc passes 415 e demostaP ble svbsct►be Px� Ap130lU, • P5� � ttancb►sed at3ensvte �vp� O�eU►nsvld be t°unde Cl4ALtilSSTl� °t c°tnVlet►ns thany has ASA ca in each s Sys`em. In t1t OF ?LANAI Sl1.°OR�vC1l °tte°t meth°d f , tre cable c°inp °t. th► The b�1L�S StiRv�$ h°v+ins tl'ec lbany C°vasty 1F T�ISRv 9013' t°yid°d beto`� S°me�rete ►o A �0� G'S s� s� PEES OF 4 P n illvsttat►On is p the V iUase ° CO A the illusot plat lyvl�gti ��R d Was ;5 miles S $ .at b°mes, a ,►Sled Albany 454 tAII,V,S OF pl,A 15 Company Name: System Name: AIO7 t/t/CL. rN 194)o st/ev'y SURV 90/3 ATC ACC FRANCHISED MUNICIPALITY 6) T.Caroline 7) V. Lansing 8) T. Dryden 9) T. Newfield 10)T . Lansing 11)T. Ulysses 12)T . Danby 13)V. Newark Valley 14)V. Groton 15)T. Groton 16)V. Dryden 17)V. Freeville 18)T. Candor 19)T. Newark Valley 20) 21) 22) T CA/F/ gzD 23) 24) 25) PLANT STATISTICS (CONT'D) NUMBER OF HOMES SUBSCRIBERS PASSED COUNTY Tompkins Tompkins Tompkins Tompkins Tompkins Tompkins Tompkins Tioga Tompkins Tompkins Tompkins Tompkins m;nga Tioga 527 653 1456 2473 1074 1484 4R1 439 391 878 190 678 161 410 1786 3039 1994 1762 635 53R 479 1022 217 829 191 4Rn 299 1 412 293 400 .711 VR0 35 Fn. MILES OF PLANT 18.75 16.90 77.54 31.87 57.57 22.16 20 94 6.1 11.3 /cf'A4-7? 1J l TE 7A STIMA- ' 4 /11 Al/ 9.3 (101L/ 1.05 c///Iyf q/ 3.1 j elv l 16.23 / 2//fp 12.6 zO/f Z NEW YORK STATE COMMISSION ON CABLE TELEVISION In the Matter of 90-141 Amendment of Consumer Service Rules and Regulations DOCKET NO. 90379 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.' 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(0(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(0 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 hill "(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. Section 590.66 - Credit for service outage. This section requires a cable company to provide a credit for every service outage in excess of four (4) continuous hours. 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 hill has been changed from thirty days after the due date to forty-five days after the date the hill 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 be submitted until June 25, 1990. Commissioners Participating: William B. Finneran, Chairman; John A. Gussow, Theodore E. Mulford, John A. Passidomo, Barbara T. Rochman, Commissioners. NEW YORK STATE COMMISSION ON CABLE TELEVISION Statutory Authority: Docket No. 90379: RESOLUTION BY THE COMMISSION Article 28 of the Executive Law, Sections 811, 815 and 816 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. Ch) 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 [ . ] 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) shallmaintain 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) . 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 commission; Lii) 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. (b) 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 Id) If a late charge is to be imposed, it shall not be imposed sooner than forty-five (45) days afterthe 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. (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. 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 outage, 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 14) 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] (d) [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. (f) Prior written noticeof 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.inf orm 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 charge, 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 0101 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. programming. (e) This section shall not apply to pay for view 590.73 Auxiliary equipment. fa) 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 Section 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 tor 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)] (fl 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 ofall 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 modified 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, i.e.,, 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 subscriber who is unable to return auxiliary equipment. The rule we areadopting requires any company which attempts to collect a charge for a 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 be 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 be provided to the Commission no later than the later occurring of forty-five (45) days prior to the effective d<<te 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 -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 day 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). -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. PES "Ice NEW YORK STATE COMMISSION ON CABLE TELEVISION In the Matter of Minimum Standards for the Designation and Use of Channel Capacity for Public, Educational. and Governmental Access 88-195-D DOCKET NO. 90174-A-2 NOTICE TO INTERESTED PARTIES The Commission adopted rules in this docket on August 10, 1988. The rules, together with a Notice of Adoption, were filed with the Secretary of State pursuant to Section 202• of the State Administrative Procedure Act (SAPA) and Section 102 of the Executive Law on August 19, 1988. The text of the rules and the Assessment of Public Comment included with the Notice of Adoption pursuant to Section 202(5)(c) of SAPA are enclosed with this Notice. Any person interested in obtaining a copy of the complete Commission order adopting the rule in this docket or the revised regulatory impact statement or revised regulatory flexibility analysis may contact William Huff, Administrative Officer, New York State Commission on Cable Television, Empire State Plaza, Tower Bldg., 21st Floor, Albany, New York 12223, (518) 474-4992. DATE: September 8, 1988 Tower Building • .Empire State Plaza • Albany, NY 12223 (518) 474-4992 ACCESS STANDARDS 595.4 Minimum Standards for Public, Educational and Governmental (PEG) Access. (a) Definitions (1) The term "public access channel" means a channel designated for noncommercial use by the public on a first-come, first-served, nondiscriminatory basis. (2) The term "educational access channel" means a channel designated for use by school districts and not-for-profit educational institutions chartered or licensed by the New York State Department of Education or Board of Regents. (3) The term "government access channel" means a channel designated for use by municipal, county and state government, or agencies thereof. (b) (4) The term "public, educational, or governmental (PEG) access facilities" means (i) -channel capacity designated for public, educational or governmental use; and (ii) facilities and equipment for the use of such channel capacity. (5) The term "local use" means noncommercial use by residents of the State of New York including school districts and not-for-profit educational institutions and municipal, county and state governments, or agencies thereof. (6) The term "access cablecast clay" means a day or part thereof during which public, educational or governmental access facilities are available for PEG use. Designation of Channels -- Every cable television franchisee shall designate channel capacity for PEG access as follows: (1) The franchisee of a cable television system with a channel capacity of twenty-one (21) or more channels shall designate (i) at least one full-time activated channel for public access use; (ii) at least one full-time activated channel for educational and governmental use; and (iii) one additional full-time activated channel for educational/governmental use whenever the first channel so designated shall have been used for such educational and governmental programming on the average of at least twelve (12) hours per day during any ninety (90) day period; provided, however, that the calculation of such average shall not include any day when the unavailability of PEG access facilities precludes achieving such programming level. In the event that two channels for educational and governmental use are required b' this subdivision, one channel shall be designated the educational access channel and one channel shall be designated the governmental access channel; provided, however, that either channel may be used for either purpose if necessary to satisfy the demand for channel time. 2 (2) The franchisee of a cable television system.with a channel capacity less than twenty-one (21) channels shall designate at least one full-time activated channel for public, educational and governmental use. (c) Aniaistration and Use -- The use of the channel capacity for PEG access shall be administered as follows: (1) The public access channel shall be operated and administered by the entity designated by the municipality or, until such designation is made, by the cable television franchisee; provided, however, that the municipality may designate such entity at any time throughout the term of a franchise by a resolution duly adopted by the legislative body thereof.* (2) The educational and governmental access channel shall be operated and administered by a committee or a commission appointed by local government and shall include appropriate representation of local school districts within the service area of the cable television system and may include for purposes of coordination an employee or representative of the cable television franchisee.** (3) The entity responsible for administering and operating the public access channel shall provide notice to the general public of the opportunity to use such channel which notice shall include (i) a character generated message transmitted at least hourly on such channel between the hours of 6:00 p.m. and 10:00 p.m. each day and (ii) written notice to subscribers at least annually. Notices shall include the name, address and telephone number of the entity to be contacted for use of the channel. All access programming shall be identified as such. (4) Channel time shall be scheduled on the public access channel by the entity responsible for the administration thereof on a first-come, first-served, nondiscriminatory basis. (5) Local use of educational and governmental access channels shall have preferred status in the event of competing requests for channel time. Priority may be afforded to local governments within the service area of the system. (6) Channel time for PEG access programming shall be without charge to the user. *If a single public access channel is shared by more than one municipality, a single entity shall be jointly designated by the local legislative bodies of each franchising municipality in the system. If agreement cannot be reached on a single entity, the commission shall arbitrate the issue. **Where an educational or a governmental channel is shared by more than one school district or local government or combination thereof, administration__ of such channel(s) on a cooperative basis is encouraged. 3 (7) The designation of PEG access facilities shall include the provision by the cable television franchisee of the technical ability to play back pre-recorded programming and to transmit programming information consistent with the designated uses of PEG access channels. (8) The cable television franchisee shall not exercise any editorial control over any public, educational or governmental use of channel capacity designated for PEG purposes. (9) A municipality shall not exercise any editorial control over any use by the public of a public access channel. (10) The entity responsible for the administration of a public access channel shall maintain a record of the use of such channel which shall include the names and addresses of all persons using or requesting the use of any such channel and which record shall be available for public inspection for a minimum of two years. (11) Channels designated for PEG use shall be included in the lowest level of service offered by the cable television franchisee; where a system does not include sufficient unused channel capacity to accommodate a second educational/governmental access channel resulting from the operation of subdivision (b) hereof, the cable television franchisee may elect one time to defer the obligation to provide such additional channel until additional channel capacity becomes available. (12) A cable television franchisee shall be permitted to use time on one or more PEG access channels whenever there are no blank channels available on the same level of service which includes the PEG channel(s) and whenever such PEG channel(s) is not scheduled for use at least seventy-two (72) hours in advance of such time or times desired by the cable television franchisee; provided that any use of such PEG channel(s) by the franchisee shall at all times be subordinate to designated PEG use and shall terminate or be pre-empted by PEG programming scheduled at least seventy-two (72) hours in advance. All non -access programming on PEG channels shall be identified as such by an appropriate announcement made prior to and following each non -access use. Notwithstanding the foregoing, at such time as any PEG channel on a cable television system with a channel capacity in excess of forty (40) channels has been programmed for a daily average of eight (8) hours or fifty percent (50%) of the hours of access cablecast days, whichever is less, during any ninety (90) day period, use of such channel by the cable television franchisee shall be suspended for such time as such minimum PEG use of such channel is maintained. (d) Applicability (1) Subdivisions (a), (c) and (f) of this section shall apply to the use of channel capacity designated for PEG access as of the effective date hereof. (e) 4 (2) The minimum channel designation requirements in subdivision (b) of this section shall be required by, and shall be a condition to, the exercise of every franchise and certificate of confirmation granted or renewed after the effective date hereof. (3) Notwithstanding the foregoing, nothing contained herein shall. impair the enforcement of any provision of any franchise in effect on the effective date of this section concerning the designation and use of channel capacity, facilities and equipment for PEG access or otherwise diminish the obligations of a cable television franchisee with respect to PEG access. General -- Any cable television franchise granted, renewed or amended after the effective date of this section may include additional provisions concerning the designation and use of public, educational and governmental access facilities as follows: (1) a provision specifying facilities and equipment to be made available by the franchisee for use in connection with the designated PEG channels; and (2) any other provision concerning the designation and use of channel capacity for public, educational and governmental access consistent' with federal and state law. (f) Waivers and Rulings (g) (1)- A cable television franchisee, a municipality or an entity designated to administer a public access channel may seek a waiver of one or more provisions of this section upon application to the commission pursuant to sections 590.3 and 590.22 of this subtitle. (2) Any interested person may seek a ruling from the commission concerning the applicability or .implementation of any provision of this section or any provision of a franchise concerning PEG access upon the filing of a petition in accordance with section 590.18 of this subtitle. (3) Notwithstanding paragraphs (1) and (2) of this subdivision (f), the commission shall not grant any waiver or ruling, or enter any order (i) that constitutes the exercise of editorial control over the content of public access programming or (ii) that would have the effect of requiring the carriage by a franchised cable television company of programming distributed as the New York State and Community Affairs Network (NY -SCAN). Severability — If any provision of this section or the application of such provision is held invalid by a court of competent jurisdiction, the remainder of this section or the application of the provision to other circumstances shall not be affected thereby. -5 - persons who use or request such use and to maintain such record for public inspection for a minimum of two years. This change will ensure accountability by users and the administrative entity in responding to requests for use. The issue of "fallow time" generated many comments. The cable industry generally argued that cable companies should be able to use "fallow time" on PEG channels without any limitation. Access organizations sought greater restrictions on cable operators and also reiterated in this context a concern that PEG channels are not always available every day for a full day. In response to these comments, the "fallow time" provision in subdivision (c)(12) has been changed to reflect the possibility that a PEG channel will not be available each and every day for eight hours of programming and also to clarify that smaller capacity systems, i.e., those with less than 40 channels, have greater opportunity to use "fallow time." The rule has also been modified to permit a cable television operator to elect to defer the designation of a second educational/governmental channel until additional channel capacity becomes available. This change should further relieve any short term pressure on channel capacity and existing program offerings. The proposed rule contained provisions concerning waivers of, and rulings on, the minimum standards. In response to comments, the rule has been changed to clarify that administrative entities may also seek waivers and that the standards applicable to waivers contained elsewhere in Commission rules shall also apply to requests for waiver of the minimum PEG access standards. /1/r ASSESSMENT OF PUBLIC corimm T The Commission received a number of.comments in this proceeding from a variety of interests including state governmental agencies, public access administrators and users, municipal governments, individual cable television companies and the industry trade associationforNew York State. The comments ranged from enthusiastic support for minimum statewide public, educational and governmental (PEG) access standards to opposition to any PEG access requirements. The State Education Department of the University of the State of New York supported the adoption of the proposed rule "for the continued and expanded use of cable by our educational and cultural institutions." The State of New York Consumer Protection Board supported the proposed rule "as a means of maintaining a constant flow of information between community leaders and the public." The National Federation of Local Cable Programmers and the Office of Communications of the United Church of Christ, among others, also expressed general support for the proposed rulemaking and offered a number of specific observations. Comments from municipal governments were divided. For example, the City of New York, City of Cortland and the Town of Greenburgh expressed support for the rule. Other municipalities submitted standardized resolutions objecting to the rule. Comments filed on behalf of various cable television companies and the New York State Cable TelevisionAssociation (NYSCTA) opposed the minimum statewide standards for PEG access upon constitutional and statutory grounds. Summary of Issues Raised, Agency's Assessment and Changes. NYSCTA and individual cable companies attacked the proposed rule on constitutional grounds. The commentors assert that cable television operators perform an editorial function which is protected by the First Amendment of the U.S. Constitution and that the proposed rules intrude upon the exercise by cable operators of such editorial discretion by compelling the provision of channel capacity for PEG use and removing control by the cable operator over such channels. These same commentors alleged that the minimum PEG standards constitute a direct burden on speech -by cable operators and therefore must serve a "compelling governmental interest." NYSCTA also argued that the proposed rule is contrary to the New York State Constitution. The Commission does not agree with the cable companies and NYSCTA on the First Amendment issue. First, Congress has specifically approved PEG access and commercial lea -sed access requirements as consistent with the First Amendment and the U.S. Supreme Court has yet to rule on the precise manner in which the First Amendment applies to cable television. Second, the minimum statewide PEG standards do not constitute a direct burden on a cable operator's speech. Cable systems consist -2 -- of many channels available for communication and the cable operator will remain free to determine programming •on nearly all channels. The First Amendment does not require that cable . operators have unfettered discretion to control programming on all channels at all times. Nor does the Commission agree with NYSCTA that minimum statewide PEG access standards are contrary to Article I, Section •8 of the New York State Constitution. New York cases cited by NYSCTA are simply not dispositive of the manner in which the State Constitution would be applied to the unique characteristics of the cable television medium. NYSCTA and the cable companies claim that the ..proposed regulations are contrary to the Cable Communications Policy Act of 1984 ("Cable Act"). The same parties also assert that the Commission is without authority under Article 28 of the Executive Law to promulgate minimum statewide standards concerning PEG access, Certain commentors suggest that PEG access can only result from negotiation of franchise contracts and that the Commission is not a "franchising authority" under the Cable Act. The Commission believes that the Cable Act expressly confirms the authority of state and local governments to require the designation of PEG access channel capacity and that under the federal statute and Article 28 the Commission is empowered to.require such capacity as a condition to the exercise of •a franchise or certificate of confirmation in the public interest. The rule includes provisions for minimum channel designation requirements as well as provisions concerning the administration and use of channel capacity once designated. Under the proposed rule, all provisions would be effective immediately(or by a date certain) in any municipality where the existing cable operator had obtained from the Commission an order granting a certificate of confirmation under Section 821 or an order approving an amendment, renewal or transfer of the franchise under Section 822 upon condition that the cable company comply with the Commission's minimum PEG standards. At least one party urged that the rules be effective immediately in all instances. On the other hand, cable operators argued that the applicability of the channel designation requirements during a franchise term is 'contrary to the Cable Act and also would constitute a taking of property violative of the Fifth Amendment of the United States Constitution. The Commission does not agree that the proposed rule would effect a taking of property. Indeed, one party asserted specifically that under the Cable Act the Commission possessed the authority to impose minimum channel designation requirements throughout the state immediately. Nonetheless, the NEW YORK STATE COMMISSION ON CABLE TELEVISION In the Matter of 88"228 Effective Competition and the regulation of basic service rates in New York State DOCKET NO. 90371 STATEMENT OF GENERAL POLICY (Adopted: November 2, 1988; Released: November 25 1988) The purpose of this Statement of Policy is to clarify the relationship between New York State statutory law and federal law concerning the issue of rates for basic cable television service and the regulation thereof. The regulatory framework for cable television in the State of New York is set forth in Article 28 of the New York State Executive Law which became effective January 1, 1973. The issue of rates for cable television service is governed essentially by Sections 825 and 822 of the statute. Section 825, provides in pertinent part, as follows: "(I) [e]zcept as otherwise provided in this section, the rates charged by a cable television company shall be those specified in the franchise. . . (2) Such rates may not be changed except by amendment of the franchise. " Section 822 of the statute relative to amendments provides at subsection (1) that "[rt] o. . .amendment of any franchise,. . .shall be effective without the prior approval of the commission. Such approval shall be required in addition to any municipal approval required under the franchise or by law... ." By the Cable Communications Policy Act of 1984 ("Cable Act"), the federal government limited the authority of state and local governments to regulate rates for cable television service. Section 623(a) of the Cable Act provides that "[a]ny State may not regulate the rates for the provision of cable service except to the extent provided under this section. Any franchising authority may regulate the rates for the provision of cable service. ..but only to the extent provided under this section." Section 623(b)(1) provides that the Federal. Communications Commission ("FCC") "shall prescribeand make effective regulations which authorize a franchising authority to regulate rates for the provision of basic cable service in circumstances in which a cable system is not subject to effective competition." Tower Building • .Empire State Plaza • Albany, NY 12223 (518) 474-4992 -2 - The net effect of the federal statute is that the rates for basic cable service may be regulated only where a cable system is not subject to effective competition. Pursuant to its statutory mandate, the FCC has promulgated final regulations establishing criteria for determining the existence of effective competition on a community -by -community basis. The regulations are contained in Section 76.33 of the Code of Federal Regulations and became effective October. 29, 1988. Under Section 76.33, effective competition is determined by reference to the availability of broadcast signals only. Specifically, if three unduplicated bro adcast signals are av ailable ov er-the- air throughout any municipality, then the cable system(s) serving such municipality is subject to effective competition and no rate regulation is permitted. A broadcast signal is presumed available in any arca which falls within the predicted Grade B contour of the signal. Conversely, a signal is presumed unavailable in the area outside its predicted Grade B contour. Such presumptions are rebuttable by engineering studies undertaken by either party. The regulation also provides that a signal may be considered available if it is significantly viewed within the cable system. Commission staff has reviewed the predicted Grade B contours of all broadcast signals that originate in or extend into the State of New York (as well as the presumed availability of translator stations). Staff has tentatively identified municipalities where it appears that fewer than three unduplicated broadcast signals are available at all locations. A list of such municipalities is contained in the Appendix to this order.* As noted, Section 825 of the Executive Law requires that rates be specified in a franchise unless preempted by federal law. Section 623 preempts Section 825 to the extent that the latter applies to rates for non -basic service. In respect to basic rates, however, Section 623 only preempts Section 825 to the extent any given municipality is subject to effective competition. A cable system operating in a municipality identified in the Appendix hereto may not be subject to effective competition, and, therefore, under Section 825 rates for basic service may be subject to approval by the municipality and this Commission. Under these circumstances, we find it necessary to announce a policy for ensuring that the rates charged for basic service in the State of New York are consistent with statutory requirements in every case. We shall serve a copy of this statement of policy upon each municipality and cable television company operating therein as identified in the Appendix. The cable television franchisee shall have a period of 30 days from the date of the receipt of this notice to advise the Commission and the municipality as to whether it contests the tentative finding that the arca is not subject to effective competition. If the * We emphasize that the list of municipalities contained in the Appendix is not intended to be exclusive. Evidence that three unduplicated broadcast signals do not cover any other municipality should be brought to the attention of the Commission and the franchised cable operator(s) as soon as it is discovered or becomes available. -3 - cable television company does not contest the tentative finding, it shall apply to the municipality for approval of a rate for basic cable service and the installation thereof in accordance with 9 NYCRR Part 591.• In the event that a cable television company contests the tentative finding that the system is not subject to effective competition in any given municipality, it shall so advise the Commission in writing (with a copy to the municipality) stating the basis therefor including specifically the broadcast signal or signals which it deems constitute a presumption of effective competition. In such case, the cable company may request a meeting with the Commission and municipal government officials. Where a cable company intends to conduct engineering studies or obtain data to determine whether a broadcast signal is significantly viewed, it shall provide prior notice of such plans to the Commission as well as the municipality. In order to provide for an orderly transition to regulation, where applicable, the Commission will not consider any rate for basic service in effect on October 29, 1988 to be in violation of the requirements of Section 825 for a period of 90 days from October 29, 1988 (or until January 27, 1989), provided that the cable company has either formally contested the tentative finding that it is not subject to effective competition or has filed with the municipality a request for approval of a rate for basic service. Commissioners Participating: William B. Finneran, Chairman; Theodore E. Mulford, John A. Passidomo, Barbara T. Rothman, Commissioners. * However, if the rate being charged or the rate for which approval would otherwise be sought, is less than or equal to the last rate approved by the municipality and the Commission, adjusted for annual 5% increases actually taken under Section 623(e)(1) of the Cable Act, the cable company may so certify to the Commission and such rate will be deemed consistent with Sections 825 and 623(e)(1) of the Cable Act.