[HISTORY: Adopted by the Board of Trustees of the Village of Bronxville
7-25-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
This chapter may be known and cited as the "Multichannel Service Providers
Regulatory Local Law for the Village of Bronxville, New York."
This chapter shall be construed in accordance with the applicable federal
and state laws governing multichannel service practices which specifically
includes the operation and provision of a cable television system. Moreover,
with respect to the operation and provision of a cable television system,
this chapter shall be construed in accordance with any applicable rules and
regulations of the NYSCCT.
This chapter shall apply within the geographical limits of the village,
including any areas subsequently annexed by the village, unless state law
prescribes otherwise, or in some fashion restricts or alters the effect of
this chapter to a subsequently annexed area of the village.
As used in this chapter, the following terms shall have the meanings
indicated:
Those telephone calls that are connected to an MCS provider's general
information number or customer service telephone system, without being answered
by a representative of the MCS provider or by a call response system within
30 seconds after receipt of the call.
Any device that enables a viewer to select between any programming
source (including any type of multichannel service) or any ancillary equipment.
Such a device may be more sophisticated than a mere two-sided switch, may
utilize other multichannel system interface equipment and may be built into
television receivers.
A government, education or public channel which is carried on a multichannel
system, but which is not part of any institutional network.
A channel engineered at the headend of the multichannel system for
the provision of services generally available to residential subscribers of
the multichannel system, regardless of whether such services actually are
provided, including any channel designated for governmental, educational or
public use.
Another person who owns or controls, is owned or controlled by or
is under common ownership or control with such person.
A charge used in place of an established franchise fee that the Board
requires as payment for the privilege of using the streets, easements, public
ways or rights-of-way of the village in order to construct, maintain and/or
operate a multichannel system. An alternative user fee is not based on an
MCS provider's gross revenues (as is the case in a franchise fee), but rather
is based, to the extent permitted by applicable law, on the value of the village
property that an MCS provider uses to construct, maintain and operate its
multichannel system.
A person submitting an application or proposal to the village for
a license or franchise (where required) to operate a multichannel system under
the terms and conditions set forth in this chapter and any state regulations
(including, where applicable, those of the NYSCCT).
Are synonymous for the purposes of this chapter. An "application"
or "proposal" means the process by which the applicant submits a request and
indicates a desire to be granted a license or franchise (where required) for
all or a part of the village. An "application" or "proposal" includes all
written documentation and verbal statements and representations, in whatever
form or forum, made by an applicant to the Board/franchising authority concerning
the construction, rendering of services, maintenance or any other matter pertaining
to the proposed multichannel system.
Any transfer of a franchise, in whole or in part, to a party other than a related entity, whether by sale, assignment, lease or other form of alienation or change in operational or managerial control, other than a hypothecation permitted pursuant to § 186-108 of this chapter.
Equipment supplied by the MCS provider (including but not limited
to a converter, remote control unit or device, digital tuner or input selector
switch), to permit, enhance or assist in the reception or provision of multichannel
service.
Any service tier which includes the retransmission of local television
broadcast signals and any public, educational and government access channels.
In the event that the definition of "basic cable television service" is amended
by either Congress or the FCC, then this chapter's definition of "basic cable
television service" shall be deemed to be amended to conform thereto and be
consistent therewith.
The Village Board of Trustees of the Village of Bronxville, New York.
The Cable Communications Policy Act of 1984, as amended by the Cable
Television Protection and Competition Act of 1992 and as otherwise amended,
which in large part is codified at 47 U.S.C. § 521 et seq.
A portion of the electromagnetic or light frequency spectrum used
in a cable system which is capable of delivering a television channel (as
"television channel" is defined by the FCC regulations).
Any person or group of persons who:
A facility consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide
cable service which includes video, voice or data programming and which is
provided to multiple subscribers within the village. However, such terms do
not include the following:
A facility that serves only to retransmit the television signals of
one or more broadcast stations; or
A facility that serves only subscribers in one or more multiple unit
dwellings under common ownership, control or management unless such facility
or facilities uses any public rights-of-way; or
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, except that
such facility shall be considered a cable system [other than for purposes
of Section 621(c) of the Cable Act, codified at 47 U.S.C. § 541]
to the extent such facility is used in the transmission of video, voice or
data programming or service directly to subscribers; or
Any facilities of any electric utility used solely for operating its
electric utility.
Shall be deemed to have occurred when control of or the right to
determine the principal business policies of the MCS provider (including any
franchised MCS provider and any franchisee) or to appoint, select or determine
its principal managerial employees and officers has been sold, transferred,
assigned, disposed of or otherwise passes from the entity holding such as
of the date of this agreement or when the power, authority or ability to vote
more than 50% of the issued and outstanding stock or other ownership interest
of the MCS provider (including any franchised MCS provider and any franchisee)
or its parent corporation, company or entity has been sold, transferred, assigned,
disposed of or otherwise passes from the parent corporation, company or entity
holding such as of the date of this agreement.
A one-time or non-regularly occurring cost paid by the subscriber
and which is associated with the installation, maintenance, service or repair
of the multichannel service. Specifically, a "charge" includes, but is not
limited to, address change charges for subscribers; disconnection fees; downgrade
charges; costs for closed-captioned devices and equipment, remote control
devices and equipment for hearing-impaired customers; installation charges
for video camera recorders and players; installation charges for digital radio;
and trip or service call charges.
A charge or fee imposed on a customer by an MCS provider for such
provider's efforts at collecting or attempting to collect a past due account.
With respect to any requirement applicable to an MCS provider, that
it is commercially impracticable for such an MCS provider to comply with such
requirement as a result of one or more conditions which are beyond the control
of such MCS provider and the nonoccurrence of which was a basic assumption
on which the requirement was based.
Any electric, electronic or other device, separate and apart from
the subscriber's receiver, that is capable of converting or changing signals
to a frequency not intended to be susceptible to interference within the television,
video or data receiver of a subscriber and by an appropriate channel or other
type of selector may also permit a subscriber to view or otherwise use signals
delivered at designated dial locations or such other reception and use allocations
as may be applicable and required for the practical use of the signal.
A lawful subscriber or user of the services and/or facilities of
the multichannel system provided by an MCS provider.
A device which enables a subscriber to convert a scrambled signal
into a viewable or otherwise usable signal.
An imminent, impending or actual, natural or humanly induced, situation
wherein the health, safety or welfare of the residents of the village is threatened.
A "disaster emergency" (by illustration) may include a sudden or unexpected
insect infestation (such as with locusts, grasshoppers or bees), snowstorm,
flood, hail storm, tornado, severe thunderstorm, hazardous waste infiltration,
fire, petroleum, munitions or nuclear explosion or aircraft crash.
A change in the level of a subscriber's multichannel service from
a more comprehensive level of multichannel service (in terms of services or
channels provided) to a less comprehensive level of multichannel service (in
terms of services or channels provided). Though not mandatory, a "downgrade"
in the level of service normally results in the decrease in the periodic rate
for the provision of such multichannel services to the subscriber.
A small branch of cable or other transmitting medium which connects
the terminals on the subscriber's receiver to the trunk or feeder cable or
future technical equivalent.
Includes any public easement or other compatible use created by dedication
or by other means, to the village for public utility purposes or any other
purpose whatsoever, including cable television or any multichannel service.
"Easement" shall include a private easement used for the provision of cable
service or any other multichannel service.
The Federal Communications Commission and/or such other federal regulatory
agency as now or in the future may have jurisdiction to oversee MCS providers.
Very thin and pliable cylinders or strands of glass or plastic or
any future developed technical equivalent, used to carry wide bands of multiple
frequencies.
The initial authorization or subsequent renewal granted by the Board/franchising
authority in order for a person to construct, operate and/or maintain a franchised
MCS system in all or part of the village.
The separate contract by which the Board/franchising authority grants
an MCS provider the right to operate a franchised multichannel system within
all or a part of the village.
The date of expiration or the end of the term, or any extension thereof,
of a franchised MCS provider, as provided in a franchise agreement.
A fee or charge that the village requires as payment for the privilege
of using the streets, rights-of-way, public ways and easements of the village
in order to construct, maintain and operate a franchised multichannel system.
A person that is awarded a franchise by the Board/franchising authority
to construct or operate a franchised multichannel system, within all or part,
of the village. The term "franchised MCS provider" specifically includes the
term "cable operator."
With respect to a specifically named piece of multichannel system
equipment, means another piece of multichannel system equipment that has either:
The same or substantially similar characteristics, qualities, operational
capabilities or design functions as the original, specifically named piece
of multichannel system equipment; or
Operates in substantially the same form and fashion as the original,
specifically named piece of multichannel equipment; or
Operates in a technologically superior manner to the original, specifically
named piece of multichannel equipment.
Any and all revenues for that period which are derived from or attributable
to the operation of any MCS system within the village or, in the case of a
franchised MCS provider, derived from the exercise of its franchise, unless
excluded hereinafter or by the Board/franchising authority. "Gross revenues"
include any and all revenues in whatever form (cash, exchange or other consideration)
of the franchisee or any related entity, derived directly or indirectly from
the operation of the MCS system or providing to any other party access to
the subscribers of the MCS system within the village; excluding, however,
revenues from activities by a related entity that are not ordinarily receivable
by an MCS provider (e.g., revenues from the production or sale of programming
as such to both related and unrelated parties).
For purposes of this definition, gross revenues derived from multichannel
services, MCS operations and MCS-related activities within the village include
but are not limited to revenues from subscriber rates; bulk billing rates;
menu-driven services; pay-per-view events or channels; premium channels; service
tiers; service clusters; multiplexing any channel and/or multichannel programming
services; institutional networks; infomercial channels; transmission of programming;
channel leases; instructional programs; commercial access; advertising; installations;
late charges; collection charges; and rebates or commissions received from
services offered through the MCS system, including travel, home shopping services,
digital radio, interactive game channels or music services which allow a sharing
of revenues from cassette or compact disc or video disc sales.
Unless prohibited or preempted by either federal or state law, gross
revenues shall include any and all compensation from all ancillary multichannel
service or other services provided by use of the system, MCS operations and
MCS-related activities within the village, including but not limited to user
fees, sale of MCS equipment; revenues from advertising inserts placed into
periodic billing statements or other notices; revenues from 900 numbers or
revenues from other interactive cable or informational services (including
revenues or commissions from any interactive video game channels or services);
revenues from any service providing signal alert, safety alert or related
technology; revenues from personal communications networks (PCN's); rental
or sale of descrambling converters or other devices; rental or sale of remote
control devices (including those with volume control); rental or sale of A/B
or input selector switches; rental or sale of interactive games or software
offered on or via the system; and rental or sale of digital radio equipment.
Included within gross revenues are any revenues within the provisions
of this definition to which the franchisee would have been entitled had the
arrangement between itself and a related entity been at arms length between
or with an unrelated entity.
Gross revenues do not include any revenues billed but not collected;
any revenues credited or refunded to subscribers; any taxes imposed and/or
assessed by law on subscribers (including state sales taxes or use taxes,
but excluding any state or local franchise fees) which an MCS provider collects
and pays in full to the applicable authorities; and, except as hereinabove
provided, any revenues received by any person other than such franchisee or
MCS provider with respect to cable service or other service provided by such
person over the franchisee's or MCS provider's cable system for which charges
are assessed to subscribers but not received by such franchisee or MCS provider.
The electronic control center, where incoming signals, including
those of television broadcast stations are amplified, modulated, filtered,
converted or in any way processed or converted for redistribution to subscribers.
A day in which a substantial portion of the area's workers are exempt
from work even though paid, including, but not limited to, all holidays recognized
by either the state or federal government.
Providing security for a loan or indebtedness of an MCS provider
in a manner and method that does not specifically include the assignment,
transfer of possession or sale of the multichannel system or franchise.
A charge which is added to a customer's account or bill for nonpayment
of a previously due and delinquent account.
The MultiChannel Service Providers Regulatory Local Law for the Village
of Bronxville, New York.
The deposit of an item, properly addressed and first class postage
paid, in a post office or post office box under the exclusive control of the
United States Postal Service.
The Mayor of the Village of Bronxville or the Mayor's authorized
designee.
Multichannel service.
Any person or group of persons who:
Provides multichannel communications service over a multichannel system,
irrespective of the technology employed and subject to federal and state pre-emption
or limitation and directly or indirectly owns a significant interest in such
multichannel system; or
Who otherwise controls or is responsible, through any arrangement, for
the management and operation of such a multichannel system.
The term "MCS provider" or "multichannel service provider" specifically
includes the terms "cable operator," "MDS provider" or "multipoint distribution
system provider," "MMDS provider," personal communications network system
provider" (where applicable and permitted under state rule or regulation,
including that of the NYSCCT) and "SMATV operator"; provided, however, that
when used in reference to a franchised MCS provider, such use shall mean only
the "franchisee."
Multipoint distribution system.
Any person or group of persons authorized by the FCC to transmit
specialized multichannel programming to subscriber-selected locations.
The process whereby the MCS provider offers multichannel services
via the multichannel system in a format that allows the subscriber to select
and be charged for multichannel services on either a per channel, per program
or per event basis. Menu-driven cable allows the subscriber to create his
or her own service tier(s) or cluster(s) and the opportunity to change the
composition of his or her tier(s) or cluster(s) on a periodic basis.
The one-way transmission to subscribers of video programming or other
programming service, irrespective of the technology employed and subject to
federal and state pre-emption or limitation; and
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
The same as MCS provider.
A facility consisting of closed transmission paths and associated signal,
generation reception and control equipment; or
A facility consisting of infrared transmission or point-to-point transmission
(as permitted by law); or
Any functional equivalent that is designed to provide multichannel service
which includes video, voice or data programming to multiple subscribers within
the village. However, such term does not include the following:
A facility that serves only to retransmit the television signals of
one or more broadcast stations; or
A facility that serves only subscribers in one or more multiunit dwellings
under common ownership, control or management, unless such facility or facilities
uses any public rights-of-way; or
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communication Act of 1934, except that
such facility shall be considered a multichannel system [other than for purposes
of Section 621 (c) of the Cable Act, codified at 47 U.S.C. § 541]
to the extent such facility is used in the transmission of video, voice or
data programming or service directly to subscribers; or
Any facilities of any electric utility used solely for operating its
electric utility.
The New York State Commission on Cable Television.
Information that an MCS provider (specifically including a cable
operator) makes available to all subscribers generally.
The delivery over the multichannel system of audio and/or video signals
for a rate or amount (over and above the rate for basic service) on a per
event or per program or per channel basis.
Public, educational and governmental.
Any individual, corporation, estate, trust, partnership, association
of two or more persons having a joint common interest, joint-stock company
or governmental entity.
Any ancillary or aligned component of an MCS provider's system consisting
of communications lines, cables, equipment or facilities which are used to
provide telecommunications service that in any manner uses or occupies the
streets, easements, public ways or rights-of-way within the village (as annexed).
However, "private communications network" does not include any part of a state
or FCC licensed local government local exchange telephone company or any part
of a federal, state, county or local government owned telecommunications system.
The imminent or expected (either voluntary or involuntary) disruption,
discontinuance, desertion or removal of an MCS provider's operation and provision
of multichannel service from all or part of the village for a projected period
exceeding four months in duration.
Any public street, public way, public place, public easement or rights-of-way,
now laid out or dedicated, and the space on, above or below it and all extensions
thereof and additions thereto, in the area served by the MCS provider.
The periodic price paid by a subscriber for the receipt of any multichannel
service provided by an MCS provider.
Any affiliate, subsidiary, parent or other person, firm or corporation
in which the MCS provider (including any franchised MCS provider and any franchisee)
has a financial interest through record or beneficial ownership of stock or
otherwise in such affiliate, subsidiary, parent or person, firm or corporation;
and it further means any affiliate, subsidiary, parent or other person, firm
or corporation which has a financial interest in the MCS provider (including
any franchised MCS provider and any franchisee) through record or beneficial
ownership of stock in the MCS provider or otherwise.
An official act by the village whereby the Board/franchising authority
removes, repeals or rescinds previously approved authorization for a licensed
or franchised MCS provider to operate a multichannel system within the village.
The grouping, aligning or packaging of one or more multichannel programming
services by category (such as sports and/or news) or by rate or by some other
identifiable method and charging a separate price or rate for each service
cluster.
For purposes of credit, means the loss of picture or sound on all
basic subscriber channels or one or more other programming channels (including
tiers and clusters). For purposes of response to a service call, a "service
outage" means a loss of picture or sound or other service provided by an MCS
provider which is not caused by the failure or malfunction of a subscriber's
television receiver or monitor or by the misfeasance or malfeasance of the
subscriber.
A category of multichannel service or other programming service provided
by an MCS provider for which a separate rate is charged by an MCS provider.
Satellite master antenna television.
Any person or group of persons who:
A private multichannel system not crossing any public rights-of-way
and which is located on private property and serving private dwellings located
within a multiple occupancy building or buildings that are co-owned or managed,
provided that such a system is exempt from municipal franchise requirements
by applicable provisions of federal or state law.
The State of New York.
The surface of and the space above and below a public street, road,
highway, freeway, land, path, public way or place, alley, court, boulevard,
parkway, drive or other easement now or hereafter held by the village (including
any street, as defined, which is acquired by eminent domain) for the purpose
of public travel and shall include other easements or rights-of-way now or
hereafter held by the village (including any easements or rights-of-way acquired
by eminent domain) which shall, with their proper use and meaning, entitle
the village and MCS provider to the use thereof for the purpose of installing
or transmitting multichannel system transmissions over poles, wires, cable,
conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments
and other property as may ordinarily be necessary and pertinent to a multichannel
system.
A person lawfully receiving multichannel service delivered by an
MCS provider.
United States Code.
A person or organization utilizing a multichannel system and/or its
equipment for purposes of production and/or transmission of material, as contrasted
with receipt thereof in a subscriber capacity.
Programming provided by or generally considered comparable to programming
provided by, a television broadcast station.
The Village of Bronxville, New York.
A.
The Board recognizes the United States Congress' intent
in approving the Cable Act (expressed in Section 601, codified at 47 U.S.C.
§ 521). As such, the Board reaffirms and adopts those principles
and purposes as part of the village's intent with respect to cable television
and expands its intent (where applicable) to cover all MCS providers.
B.
As expressed by Congress and adopted by the Board, the
Board's intent is to:
(1)
Establish a local policy concerning communications and
technologies;
(2)
Establish franchise procedures and standards which encourage
the growth and development of cable systems and which assure that cable systems
are responsive to the needs and interests of the village;
(3)
Establish guidelines for the exercise of local authority
with respect to the regulation of cable systems;
(4)
Assure that cable communications provide and are encouraged
to provide, the widest diversity of information and services to the public;
(5)
Establish an orderly process for franchise renewal which
protects franchisees against unfair denials of renewal where a franchisee's
past performance and proposal for future performance meet the standards set
by the Cable Act and this chapter; and
(6)
Promote competition in cable communications and minimize
unnecessary regulation that would impose an undue economic burden on cable
systems.
C.
In addition to the principles and purposes listed in Subsection B, the Board's intent covers the following:
(1)
To create a set of regulations, standards and procedures
for MCS providers;
(2)
To create a comprehensive customer service and consumer
protection policy for MCS providers;
(3)
To provide for access and inspection of an MCS provider's
books and records in order to monitor compliance with local, state and federal
laws and any franchise agreement (if one has been granted);
(4)
To create a thorough construction and installation policy
for an MCS provider's system;
(5)
To provide for the health, safety and welfare of the
citizens of the village in light of the MCS provider's construction, operation
and maintenance of the system;
(6)
To provide for the periodic inspection of an MCS provider's
facilities and equipment by the village or its designated agents;
(7)
To provide for emergency override capability, so that
citizens of the village may be warned of a potential, imminent or actual disaster
or emergency situation that exists in the area;
(8)
To provide for the introduction and installation of safety
alert technology, in order to notify both subscribers and non-subscribers
of imminent disaster emergencies;
(9)
To create a thorough procedure for collecting and monitoring
franchise fees and alternative user charges;
(10)
To create an alternative to franchise fees in case such
fees or their collection, are ruled invalid, unenforceable or unconstitutional;
(11)
To create a thorough default and revocation procedure
for licensed and franchised MCS providers;
(12)
To provide for continuity of services in the event of
Village acquisition, abandonment, withdrawal, cessation of service, revocation,
termination, nonrenewal or expiration of an MCS provider; and
(13)
To create a performance review procedure, in order to
assist the village in its periodic evaluation of a franchised MCS provider's
performance.
D.
Further, the Board recognizes that with respect to MCS
providers classified as cable operators, the Board's power to adopt regulations
is, in part, authorized under Sections 632, 634 and 636 of the Cable Act (codified
at 47 U.S.C. §§ 552, 554 and 556, respectively), as well as
the Board's police powers, due to the potential for physical scarcity and
public disruption when an MCS provider either occupies or uses the public
rights-of-way.
E.
With respect to the rules and regulations of the NYSCCT,
it is expressly understood that such rules and regulations establish threshold
requirements that are to be met in order to operate a multichannel system
classified as a cable system within the village. Consequently, such threshold
rules and regulations of the NYSCCT may be supplemented and/or exceeded, unless
specifically preempted by the NYSCCT or unless the extent of the village's
authority is determined otherwise by way of formal NYSCCT action.
F.
However, unless determined otherwise by the state or
a court of competent jurisdiction, the rules and regulations of the NYSCCT
are applicable only to MCS providers classified as cable operators. For all
other MCS providers the Board/franchising authority may develop and implement
its own set of rules and regulations, to the extent permitted by both state
and federal law.
A.
The Mayor is hereby designated the person who is responsible
for the continuing administration of this chapter.
B.
Unless prohibited by federal or state law (including
the NYSCCT), the Mayor may delegate his or her powers and authority with respect
to administering this chapter with regard to a franchise agreement to a duly
authorized representative or subordinate body of the village. However, the
Board/franchising authority may never delegate its franchising or revocation
power to another person or representative.
A.
Unless exempted entirely from this chapter or exempted
from one or more provisions of this chapter by a franchise agreement or granted
relief (by either the NYSCCT, if permitted, or the Board/franchising authority)
from one or more provisions of this chapter, this chapter shall be applicable
to an MCS provider and this chapter shall have full effect and be enforceable
in its entirety against such MCS provider. However, the Board/franchising
authority may permit an MCS provider up to six months to comply with specified
provisions of this chapter after its effective date, except where a different
compliance date is provided (including a different date provided in an applicable
franchise agreement).
B.
Subsection A of this section shall not terminate any franchise agreement that presently exists between the Board/franchising authority and an MCS provider.
C.
As a result of Subsection B of this section, the provisions of this chapter shall have no effect on an existing franchise agreement until the expiration of such agreement or until one of the following occurs:
(1)
Prior to the expiration of the franchise agreement, the
Board/franchising authority and the affected franchised MCS provider either
execute an amended franchise or renewal franchise agreement in which both
parties agree to be bound by the terms of this chapter (except where the MCS
provider has been specifically granted relief, exemption or clarification
or has a comparable policy); or
(2)
Both parties agree to a date for expiration of said existing
franchise that is prior to the present expiration date.
A.
MCS providers who are exempted from complying with the
provisions of this chapter are:
B.
An exempted MCS provider remains exempted only as long
as it meets one or more of the specifications of this section.
C.
A qualified MCS provider is exempt only from this chapter.
Consequently, such an exempted MCS provider shall comply with any other applicable
village, state (including NYSCCT) or federal laws and regulations, including
any applicable federal or state consumer protection or customer service laws
and regulations.
A.
Any MCS provider affected by this chapter may file a
written petition, at any time, with the Board/franchising authority seeking
relief from one or more provisions of this chapter. The relief requested may
include the exemption from or delay in implementation (as to the petitioning
MCS provider only) of one or more provisions of this chapter or that a specific
provision be required for only part of any franchise term. The petition shall
set forth the relief requested and the basis thereof with such supporting
information and material as may be applicable.
B.
In order to receive any relief from one or more of the
provisions of this chapter, an MCS provider must satisfactorily demonstrate
to the Board/franchising authority that at least one of the following facts
exist:
(1)
The provision and/or requirement is expressly prohibited
by federal law, the FCC or state law or (where applicable) NYSCCT rule or
regulation; or
(2)
Where applicable, that the provision in question materially
affects and is in conflict with an expressed right that is specifically provided
in an existing franchise agreement (but only for the term of the existing
franchise) [This provision covers situations where an MCS provider classified
as a cable operator seeks and is granted modification of an existing franchise
agreement under Section 625 of the Cable Act (codified at 47 U.S.C. § 545).];
or
(3)
That compliance with a particular provision and/or requirement
will be commercially impracticable for an MCS provider; or
(4)
That one or more time frames listed in this chapter are
either impossible to meet or commercially impracticable to meet in light of
the MCS provider's operational policy; or
(5)
That the MCS provider has its own construction, maintenance,
operation or customer service policy which the Board/franchising authority
deems comparable to or exceeding, any provision from which the MCS provider
seeks relief; or
(6)
That the health, safety and welfare interests of the
village otherwise warrant the granting of such relief.
C.
Unless delegated to another authorized representative
of the village, the Board/franchising authority shall have the responsibility
to determine whether an MCS provider's construction, maintenance, operation
or customer service policy is comparable to or exceeds a similar provision
in this chapter.
D.
As an alternative to seeking an exemption or requesting
relief, an MCS provider may petition for clarification of the effect that
one or more provisions of this chapter is intended to have on the petitioning
MCS provider.
E.
In accordance with this chapter, the Board/franchising
authority may charge the petitioning MCS provider with the actual costs for
processing such a petition, including any costs incurred by outside consultants
who are retained by the village to review an MCS provider's petition; provided,
however, that no such charge may be imposed upon a franchisee that is otherwise
committed to pay a franchise fee that is at the maximum limit of such fees
pursuant to applicable federal or state law, unless the franchisee by petition
seeks a substantial waiver of material provisions of this chapter previously
understood to be applicable to the franchisee and such petition causes the
Board/franchising authority to incur administrative costs not previously anticipated
in the determination of the franchise fee.
F.
In those instances where the Board/franchising authority
grants an exemption or relief to a franchised MCS provider or deems a franchised
MCS provider's operational policy to be comparable to a local law provision,
the franchise agreement (initial, existing or renewal) shall be amended within
60 days to whatever extent such amendment may be necessary to reflect the
exact extent of such exemption and/or relief. The benefit of such exemption,
relief, clarification or comparable policy shall extend only to the MCS provider
in question.
An MCS provider shall not be excused from complying with any of the
requirements of this chapter or any subsequently adopted amendments to this
chapter, by any failure of the Board/franchising authority on any one or more
occasions to seek or insist upon, compliance with such requirements or provisions.
A.
Any MCS provider, its assignee or transferee shall be
subject to and comply with, all local laws now or hereafter adopted and in
effect within the village, including this chapter, to the extent that said
MCS provider or its predecessor in interest has not received an exemption
or relief from said local law(s).
B.
Any MCS provider, its assignee or transferee shall be
subject to and comply with, all federal and state laws and all rules and regulations
issued by all applicable regulatory agencies (including, where applicable,
the FCC and NYSCCT) now or hereafter in existence.
C.
Any MCS provider, its assignee or transferee shall be
subject to all lawful exercise of the village's police power.
D.
With respect to future local laws referred to in this
section, nothing contained herein shall prevent an MCS provider from exercising
any and all, of its administrative and legal rights in order to challenge
the constitutionality, applicability and enforceability of said future local
laws.
Any prior resolution, ordinance or local law (other than one approving
a franchise agreement with an MCS provider) that is inconsistent with this
chapter is hereby repealed to the extent of such inconsistency.
A.
In any case of an inconsistency between any provision
of this chapter and any provision of a federal or state rule, regulation or
law, the federal or state rule, regulation or law shall supersede this chapter
and shall control in any local application, unless such federal or state rule,
regulation or law does not pre-empt or supersede this chapter.
B.
The above subsection specifically includes any situation
wherein an applicable federal or state judicial decision creates an inconsistency
with any provision of this chapter. In such a situation, the federal or state
judicial decision shall supersede the effect of this chapter and shall control
in any local application.
A.
Where there is a conflict (actual or apparent) between this chapter and a subsequent franchise agreement this chapter shall control, unless administratively or judicially determined to be invalid, unenforceable or unconstitutional or unless the provisions of Subsection B of this section apply to the MCS provider and its franchise agreement.
B.
Where a franchised MCS provider receives an exemption,
relief from or clarification of one or more provisions or sections of this
chapter or has one or more of its policies deemed comparable to a provision
contained in this chapter, the franchise agreement shall be amended to note
the same to whatever extent may be necessary and to the extent that an exemption,
relief, clarification or comparable policy is inconsistent with a provision
contained in this chapter, such exemption, relief, clarification or comparable
policy contained in the franchise agreement shall control.
A.
Any franchisee or other MCS provider willfully violating
or willfully failing to comply with any provision of this chapter shall be
guilty of a civil violation and upon conviction thereof shall be subject to
a fine of not less than $250 and not more than $2,500 as set by a court of
appropriate jurisdiction. Each day upon which such a violation or failure
to comply with any provision or requirement of this chapter exists, after
due notice, shall constitute a separate violation and shall subject the MCS
provider to a separate fine or civil penalty.
B.
In addition, the Village Attorney may maintain an action
in any court of competent jurisdiction to compel compliance with or to restrain
by injunction any violation of any provision of this chapter.
C.
In instances where a franchise agreement provides for
assessed charges or liquidated damages for the breach or violation of that
franchise agreement, such assessed charges or liquidated damages shall constitute
a separate and independent remedy for the village to pursue.
A.
Subject to pre-emption by or other approval authority
of the FCC or any other federal or state governmental entity or agency (including
where applicable, the NYSCCT) and to the extent permitted by any applicable
law, the Board/franchising authority retains the authority to provide for:
(1)
The regulation and control of any multichannel system
within the geographical limits of the village;
(2)
The grant of an MCS franchise (where required) after
review of an application or proposal by the Board/franchising authority;
(3)
The periodic review, amendment or repeal of all or part,
of this chapter; except that the Board may not unilaterally impose substantial
capital requirements not anticipated in a franchise agreement; and
(4)
If agreed to with a franchised MCS provider, the periodic
review and/or amendment of any existing franchise agreement.
B.
The Board/franchising authority, to the extent permitted
by Section 623 (codified at 47 U.S.C. § 543) or other provisions
of the Cable Act, retains the power to approve the rates or charges associated
with the providing of multichannel service classified as cable service by
an MCS provider classified as a cable operator.
C.
Subject to pre-emption by or other approval authority
of, the FCC or any other federal or state governmental entity or agency (including
in certain instances the NYSCCT), the Board/franchising authority retains
the jurisdiction to enforce all laws and regulations relating to multichannel
customer service practices and consumer protection.
D.
If the FCC, Congress, the state, NYSCCT or other governmental
agency with authority over cable or any other MCS provider ever abrogates,
deletes, removes or otherwise eliminates rules or standards that are referred
to in this chapter or relied upon by the Board/franchising authority for purposes
of MCS provider compliance with this chapter, the Board/franchising authority
may, to the extent not preempted by or inconsistent with, later adopted law
or regulations, reinstate such rules or standards. In such case, the reinstated
rules will have the same weight (as allowed under prevailing law) as they
had prior to their initial deletion.
A.
Both the Board/franchising authority and each MCS provider
shall provide the other party with the name and address of the contact designated
to receive notices, filings, reports, records, documents and other correspondence.
All notices given by one party to the other shall be delivered to each party's
contact by certified mail, return receipt requested, personal service with
a signed receipt of delivery or overnight with receipt verification. All other
filings, reports, records, documents and other correspondence may be delivered
by any permissible means including, but not limited to: facsimile transmission
("faxing"); personal service; overnight mail or package delivery; or delivery
via cable. The delivery of all notices, reports, records and other correspondence
shall be deemed to have occurred at the time of receipt (unless otherwise
designated by state law or NYSCCT rule or regulation).
B.
If the MCS provider is required to maintain a franchise,
the designation of such contact person for notice purposes may be contained
within a franchise agreement.
A.
To the extent permitted by law, a MCS provider shall
be required, as a condition of the exercise of its rights to use the village's
streets or ways, at all times to defend, indemnify, protect, save harmless
and exempt the village, the Mayor, the Board/franchising authority, their
officers, agents, servants, employees and advisory committees or commissions
from any and all, penalty, damage or charges arising out of claims, suits,
demands, causes of action or award of damages whether compensatory or punitive
or expenses arising therefrom, either at law or in equity, which might be
claimed now or in the future, which may arise out of or be caused by, the
construction, erection, location, products performance, operation, maintenance,
repair, installation, replacement, removal or restoration of the multichannel
system within the village by a negligent act or omission of an MCS provider,
its agents or employees, contractors, subcontractors, independent contractors
or implied or authorized representatives. With respect to the penalties, damages
or charges referred to herein, reasonable attorneys' fees, consultants' fees
and expert witness fees are included as costs which may be recovered by the
Board/franchising authority.
B.
The village, the Mayor and the Board/franchising authority
specifically reserve the right to retain counsel of their own choice, at their
own expense.
C.
With respect to an MCS provider's defense of actions
referred to in this section, such MCS provider reserves the right to select
and retain, without the Board/franchising authority's approval, counsel of
its choice, at its own expense.
D.
The obligation to indemnify the village, the Mayor, the
Board/franchising authority, their officers, agents, servants, employees and
advisory committees and commissions, shall not be limited to the MCS provider
operating under authority of this chapter, but shall include any parent of
such MCS provider which has agreed in writing to provide such indemnity or
has otherwise guaranteed the obligations of the MCS provider.
A.
An MCS provider shall secure and maintain, for as long
as it provides multichannel service to subscribers, public liability, property
damage insurance and umbrella coverage in at least the following amounts:
B.
An MCS provider's public and personal liability and property
damage insurance policy shall specifically include the village, the Mayor,
the Board/franchising authority, their officers, agents, servants, employees
and advisory committees and commissions, as named insureds or as additional
insureds.
C.
The public and personal liability and property damage
insurance policy shall be issued by an agent or representative of an insurance
company licensed to do business in the state.
D.
Should the Board/franchising authority make a formal
determination that, due to the financial, operational, technical or legal
status (or lack thereof) or condition of the MCS provider, the requirements
referred to above for minimum insurance are inadequate, the Board/franchising
authority may require the MCS provider to obtain and maintain insurance for
greater minimum amounts (up to, but not exceeding, $5,000,000 for public liability,
$5,000,000 for property damage and $15,000,000 for umbrella liability).
E.
The public liability and property damage insurance policy
shall contain an endorsement obligating the insurance company to furnish the
Board/franchising authority with at least 30 days written notice in advance
of the cancellation of the insurance.
F.
Renewal or replacement policies or certificates shall
be delivered to the Board/franchising authority before the expiration of the
insurance which such policies are to renew or replace.
G.
Before a multichannel system provides multichannel service
to subscribers, the MCS provider shall deliver the policies or certificates
representing the insurance to the Board/franchising authority.
H.
If the Board/franchising authority, state or NYSCCT permits an MCS provider to self-insure, the MCS provider may exercise its right to self-insure or to provide other evidence of adequate security for its obligations, so as long as the minimum amounts of insurance coverage outlined in this section or similar levels of security, are met and maintained for the entire period that the affected MCS provider is self-insured. However, for the reasons listed in Subsection D of this section, the Board/franchising authority (unless preempted by either the state or NYSCCT) may make a formal determination and require an increase in the minimum amounts of insurance coverage.
A.
Unless an alternative form of financial guaranty or security
is accepted by the Board/franchising authority, an MCS provider shall furnish
to the Board/franchising authority, in an amount totaling at least $1,000,000,
a performance bond or security bond executed by a surety licensed to do business
in this state and acceptable to the Board/franchising authority. Such approval
shall not be unreasonably withheld. The purpose of the performance bond is
to ensure performance of any requirements imposed by this chapter on an MCS
provider. Further, the purpose is to guarantee that should the MCS provider
not fulfill any obligations imposed by this chapter (or where applicable a
franchise agreement), the surety will make whole (to the extent of the policy)
any monetary losses incurred by the village.
B.
An MCS provider shall furnish to the Board/franchising
authority a construction/completion bond prior to the time it commences a
construction, upgrade, rebuild or repair/maintenance project that has a capital
construction cost or outlay exceeding $100,000 in value. The amount of the
bond shall equal 100% of the projected capital construction cost or outlay.
The construction/completion bond shall remain in force at all times until
the subject construction is complete, unless relief is granted or a reduction
schedule is set forth in an agreement between the Board/franchising authority
and the MCS provider.
C.
The construction/completion bond or security bond shall
specifically guarantee that an MCS provider will timely abide by any construction,
upgrade, rebuild or repair/maintenance schedule provided for by its contract
or permit for the multichannel system and/or any timetable for technical and
service improvements or additions to the multichannel system that may agreed
upon from time to time by the Board/franchising authority and MCS provider.
D.
If the village draws on a performance or completion bond
or cash deposit or other guaranty, as a result of an MCS provider's failure
to timely discharge its obligations or failure to construct and activate the
multichannel system or failure to complete a multichannel system upgrade or
rebuild or repair/maintenance, the MCS provider shall be required, within
30 days to replenish the completion and performance bond or security bond
or other guaranty, to the minimum level required by the Board/franchising
authority.
E.
If the Board/franchising authority shall make a formal
determination that, based upon the MCS provider's past performance (such as
a documented history of repeated or multiple franchise violations) or increased
cost (greater than 50% of the original estimated cost), the amounts of the
bonds above provided for are inadequate, the Board/franchising authority (unless
preempted by either the state or NYSCCT) may increase the required amount
of either the performance or the construction/completion bond.
F.
The performance bond or security bond, shall be in force
at all times unless relief is granted or a reduction schedule is set forth
in an separate agreement executed between the MCS provider and the Board/franchising
authority.
A.
The Board/franchising authority recognizes that advances
in technology and the adoption and application of multichannel laws, rules,
regulations and court decisions, may have a profound effect on an MCS provider
in any given year.
B.
Consequently, it is incumbent that the Board/franchising
authority take measures to reduce the risk that multichannel service or the
multichannel system will be adversely affected in any given year.
C.
Therefore, the evaluation of legal, technical, financial,
character qualifications and practices related to customer service and consumer
protection of an MCS provider is viewed as a continuing undertaking on the
part of the village. Each MCS provider shall maintain and retain all records
and reports necessary for the Board/franchising authority to determine compliance
with the obligations imposed on it by this chapter and to determine the MCS
provider's legal, technical, financial and character qualifications.
A.
Within 90 days after this chapter becomes effective or
the grant of a franchise or license pursuant hereto and thereafter upon the
request of the village, an MCS provider shall submit a list to the Board/franchising
authority or designee, of the principal files, reports, records, data and
other information that the MCS provider periodically files with the FCC or
another federal or state agency. As part of a performance evaluation or for
any legitimate matter related to the administration of an MCS provider agreement,
the Board/franchising authority may specifically request that it be provided
with any or all pertinent listed reports, records, data or other information
that were originally filed with the FCC or another federal or state agency
(including the NYSCCT). However, unless specifically authorized by the state,
an MCS provider shall not be required to provide to the Board/franchising
authority any state or federal tax returns or any documents (inclusive of
all above-referenced categories) exempted under state or federal privacy laws,
including Section 631 of the Cable Act (codified at 47 U.S.C. § 551).
B.
In addition to the requirements noted in Subsection A of this section, an MCS provider shall timely submit those reports, statements and logs required by this chapter, including but not limited to the following:
(1)
A periodic gross revenue statement, in the manner set
forth in this chapter;
(2)
A periodic certification that answering of phones is
meeting the specifications listed in this chapter;
(3)
Evidence of the satisfactory resolution of problems and
complaints in the manner set forth in this chapter;
(4)
Preventive maintenance reports, in the manner set forth
in this chapter;
(5)
Any other reports or information required by another
section of this chapter or by the Board/franchising authority, which are necessary
to protect the health, safety and welfare of the citizens of the village;
and
(6)
If required, an annual registration and compliance statement.
A.
An MCS provider shall keep complete and accurate books
of accounts and records of the business and operations under and in connection
with, the MCS system.
B.
The Board/franchising authority shall have the right
to be provided for review (either by mail or at the MCS provider's local office
all records needed for the administration and enforcement of this chapter
and/or franchise agreement on seven days written notice, unless specifically
exempted by the Board/franchising authority. Such review, unless mutually
agreed upon or judicially ordered, shall occur within the MCS provider's regular
office hours.
C.
The Board/franchising authority shall have the right
to hire, at its own expense, an independent certified public accountant or
other business or financial expert, to review the books and records of an
MCS provider. If after a financial audit it is determined that the MCS provider
has underpaid amounts owed to the village by any material amount (in excess
of 5% of the amount due annually or $5,000, whichever is lower), the village
may require the MCS provider to reimburse the village for the actual cost
of the audit. Absent fraud, any such audit agreed to by the parties by an
independent certified public accountant shall be binding on all parties concerned.
D.
A false entry into the books and/or records of an MCS
provider, made by an MCS provider, of a material and substantial nature shall
constitute a material violation of this chapter. However, an erroneous entry,
made in good faith, shall not constitute a material violation of this chapter.
E.
An MCS provider shall keep or provide at an office within
Westchester county complete and accurate books and records of the pertinent
aspects of the multichannel system's operation for at least the preceding
three years in such a manner that all matters pertaining to the village can
be easily produced and/or verified at the village's request. The MCS provider
shall also keep or provide at such office and shall provide upon request,
any other applicable records and information that may be required by any other
federal or state agency (including NYSCCT) having jurisdiction over one or
more classes of MCS providers.
A.
Within 90 days from the date that this chapter becomes
effective, the village shall develop a registration and compliance statement
for any MCS provider or class of MCS provider that is not a franchisee and
is not subject to the periodic performance evaluation set forth elsewhere
in this chapter.
B.
The Board/franchising authority declares as its purpose
that the registration and compliance statement is intended to furnish the
Board/franchising authority with periodic operational and compliance information
concerning MCS providers operating within all or part, of the village, who
are not otherwise subject to a periodic performance evaluation and are not
franchisees.
C.
Prior to January 15 of each calendar year the village
shall furnish each such affected MCS provider with a registration and compliance
statement.
D.
Prior to March 1 of each calendar year the affected non-franchised
MCS provider shall file with the village a completed and executed registration
and compliance statement.
E.
There shall be no charge or fee for filing the annual
registration and compliance statement. However, if the MCS provider supplies
incomplete information which requires independent verification by the village
(including a consultant hired by the village, the MCS provider may be required
to reimburse the village for all costs associated with the independent verification.
Moreover, failure to submit a statement by the deadline or the submission
of false information (of a material nature within the statement, may subject
the affected MCS provider to any and all, penalties referred to in this chapter.
However, before subjecting an MCS provider to potential penalties, the Board/franchising
authority must first allow the affected MCS provider the opportunity to correct
the submission or the item of alleged noncompliance, except in the case of
submission of false information of a substantial and material nature.
In addition to any and all requirements of this chapter, each MCS provider
shall comply with all applicable provisions of any state law concerning consumer
sales practices (including where applicable, consumer protection rules and
regulations of the NYSCCT).
A.
The Board/franchising authority recognizes that it is
critical that a customer of an MCS provider fully understands and realizes
the rights and responsibilities of both the customer and the MCS provider
with respect to the provision, maintenance and repair of multichannel service.
B.
Furthermore, the Board/franchising authority believes
that provision of sufficient, timely and easily understood information to
customers on certain customer service practices, such as rates, billing periods,
number and types of services provided and rules concerning equipment use and
return, is essential to enable customers to make informed decisions as to
what, if any, multichannel services they wish to subscribe to and receive.
C.
In order to provide customers with the variety of information
needed to make an informed decision and to ensure that customers are notified
of their and the MCS provider's, rights and responsibilities with respect
to the multichannel system, an MCS provider must provide a customer with a
written "Notice of a Customer's and MCS Provider's Rights and Responsibilities
With Respect to the Provision of MultiChannel Service" or the effective equivalent
thereof, subject to the review and criticism of the contents of the effective
equivalent by the Board/franchising authority.
D.
Said notice shall be provided at the time of initial
installation. Thereafter, a subscriber shall be provided with a written notice
at least once every 12 months. If, however, an MCS provider amends, repeals,
adds, deletes, modifies or makes other changes to any customer service practice
that is required in this chapter, said MCS provider shall provide a subscriber
with written notification thereof within no more than 30 days following the
effective date of such amendment, repeal, addition, deletion, modification
or other change, unless earlier notice is required by applicable federal or
state law or rules.
E.
The notice may be delivered to a subscriber by an insert
in the subscriber's periodic invoice or through a special mailing.
F.
In addition to providing the written notice require above
and unless expressly prohibited by the state or NYSCCT, an MCS provider may
also provide said notice over the MCS system, on a channel clearly designated
for the dissemination of such information. Such a channel need not be solely
designated for dissemination of such information and may, in fact, be used
at other times for any lawful purpose.
G.
If the notice in Section E preceding is provided over
the MCS system, on a channel clearly designated for the dissemination of such
information, such notice shall be cablecast at least once hourly, 24 hours
a day, for 30 consecutive days.
A.
At the time an MCS provider is required to furnish an
initial or annual notice, such notice shall contain, at a minimum, the following:
(1)
A timely listing of the specific multichannel services
provided, clearly indicating and isolating the basic, premium and informational
services offered, as well as the service tiers or service clusters offered;
(2)
Notification of a subscriber's ability to purchase or
lease, from the MCS provider, a lock box, parental control mechanism or other
device which will prohibit the viewing of a particular multichannel service
during a period selected by the subscriber;
(3)
A comprehensive listing and explanation of all rates
and charges (including rates for basic and premium channels/services, particular
service tiers or service clusters, generally applicable discount or promotional
fees, installation charges and security deposits, if any);
(4)
If service clustering is available, a description and
explanation of any penalties, credits, restrictions, upcoming (within 60 days
of the notice) service clustering changes or differing alignments or other
pertinent information;
(5)
A comprehensive listing and explanation of all billing
options available (such as monthly, quarterly or yearly and/or discounts for
prepayments);
(6)
The customer service office hours and telephone number(s)
in a manner consistent with the policy set forth in this chapter;
(7)
The billing practices of an MCS provider, in a manner
consistent with the policy set forth in this chapter;
(8)
The customer complaint/inquiry resolution policy that
is adopted and followed by an MCS provider and which is consistent with the
parameters set forth in this chapter;
(9)
The method of securing a voluntary disconnection, in
a manner consistent with the policy set forth in this chapter;
(10)
Rules relating to both connections and involuntary disconnections;
(11)
The extent of the credit/refund policy, in a manner consistent
with the policy set forth in this chapter;
(12)
The equipment use and return policy together with any
required security deposits, in a manner consistent with the policy set forth
in this chapter; and
(13)
The additional rights of blind, hearing-impaired or ambulatory-impaired
customers, in a manner consistent with the policy set forth in this chapter.
B.
The notice shall be understandable and legible, and any
exclusions, limitations or caveats shall be clearly indicated as such in the
notice.
A.
Within the notice that is required by this chapter, subscribers
shall also be informed of at least the following billing practices of an MCS
provider:
(1)
Billing procedures (including payments necessary to avoid
discontinuance of service;
(2)
Payment due and delinquent dates;
(3)
Amount or percentage of late charges, if any;
(4)
Advance billing options;
(5)
Resolution procedures for billing disputes, complaints
and inquiries;
(6)
Refund/credit policy for service interruptions or uncontracted
service;
(7)
Current service rates, in a detailed and understandable
format;
(8)
Procedure and amount of charges for installation or relocation
of an MCS provider's facilities and/or equipment;
(9)
Current schedule and explanation for any billed charges
or other non-regularly occurring fees invoiced to subscribers; and
(10)
Any lower-income or fixed-income rates, together with
any qualifications to obtain such rates.
B.
Any information concerning billing practices which is
contained in the notice shall be consistent with and include any matter specified
by NYSCCT rules and regulations.
C.
All periodic service bills shall plainly state that service
may be paid on an individual monthly basis, the date by which payment is due
and the date after which late charges or penalties may be imposed for nonpayment.
D.
Existing subscribers shall be informed of the items listed in Subsection A of this section at least once every 12 months.
E.
Whenever there is a change in an MCS provider's billing
practices or payment requirements, all subscribers must be notified in writing
at least 30 days before such billing practices or payment requirements become
effective, if within the control of the MCS provider, unless otherwise provided
by applicable federal or state law or rules.
F.
Pursuant to NYSCCT regulations, in any case where a subscriber
requests a cancellation or reduction of service within 30 days after notification
of a scheduled rate or charge adjustment, the subscriber's liability for such
service received from the effective date of such changes until the cancellation
or reduction of service shall be determined in accordance with the rates or
charges in effect prior to such change.
A.
An MCS provider shall adhere to and comply with applicable
state laws and regulations, including those of the NYSCCT, with respect to
service outages or interruptions.
B.
Consistent with Subsection A of this section and to the extent permitted by either state law or NYSCCT rule and regulation, the Board/franchising authority requires that an MCS provider (not covered by pre-emptive state law or NYSCCT rules and regulations) automatically (without a separate request from the subscriber) provide a subscriber with credit for one day's service for a service outage or interruption or loss of any signal or service exceeding, four hours in length. For a service outage or interruption of a pay-per-view event that exceeds more than 1/4 of the scheduled or projected length of the pay-per-view event or four hours (whichever is shorter), the MCS provider must provide a subscriber with a credit for the full amount of the pay-per-view event.
C.
To the extent not prohibited by the rules of the FCC
or by the state or NYSCCT, the Board/franchising authority may prescribe rules
for giving credit to a subscriber in cases where a substandard signal or substandard
picture quality is furnished by the MCS provider.
D.
In the case of a charge for unsolicited service (as defined
in federal and state law and rules), an MCS provider shall, to the extent
required by applicable federal and state law or rules, provide a subscriber
with an adjustment or billing credit on the next available billing statement.
Moreover, in such a case, an MCS provider shall not consider a subscriber
delinquent for failure to pay a charge for unsolicited service.
A.
The Board/franchising authority determines that, as a
matter of consumer protection, a subscriber should be charged only for those
services that such subscriber has affirmatively requested. Therefore, an MCS
provider may not bill or invoice any subscriber for any multichannel service
that is not affirmatively requested by the subscriber.
B.
For purposes of this section, a subscriber's affirmative
request need not be in writing, but an MCS provider relying on an oral request
must keep an accurate record of the date the request was made.
C.
For purposes of this section, a subscriber shall be deemed
to have affirmatively requested a multichannel service if:
(1)
The subscriber voluntarily makes payment for the multichannel
service after an initial free trial period; and
(2)
There was included, in the notice or advertising material
describing the service, as well as on the first periodic invoice after the
service was instituted, a statement clearly advising the subscriber that such
subscriber has incurred no obligation to pay for such service and that such
subscriber need not take any action to avoid incurring any such obligation.
D.
Moreover, an MCS provider may not automatically enroll
a subscriber into a different class or tier of multichannel service, including
any or all equipment needed, without promptly informing such subscriber of
any and all costs associated with such different class or tier of multichannel
service or equipment.
E.
Additionally, an MCS provider may not invoice a subscriber
for disconnecting or downgrading from a negatively promoted or automatically
enrolled class or tier of multichannel service.
F.
Should a subscriber be charged for a multichannel service
in violation of this section, the MCS provider shall provide the subscriber
with an adjustment or billing credit on the next available billing statement.
Moreover, in such case, the MCS provider shall not consider a subscriber delinquent
for failure to pay a charge for a non-affirmatively requested multichannel
service.
G.
If the NYSCCT adopts rules and regulations concerning
this practice, those rules and regulations shall control with respect to an
MCS provider classified as a cable operator.
A.
The Board/franchising authority recognizes that the concept
of menu-driven program/service selection has both positive and negative aspects.
On the one hand, menu-driven program/service selection allows the greatest
flexibility for a subscriber in that it permits the subscriber to essentially
create a program/service package tailored to the subscriber's budget, viewing
habits and informational needs. On the other hand, menu-driven program/service
selection is susceptible to unauthorized or unknowing purchases and to uninformed
program choices if certain procedural and operational safeguards are not maintained.
B.
Should an MCS provider implement and/or offer menu-driven program/service selection for all or the majority, of the MCS provider's multichannel services, the Board/franchising authority reserves the power to adopt (consistent with any applicable NYSCCT rules and regulations) additional rules and regulations (subject to the conditions listed in Subsection C of this section) concerning the following potential problem areas:
(1)
Notification to the subscriber at least annually of the
costs for each menu-driven program/service, including any installation or
equipment rental charges;
(2)
Notification of what constitutes or what is required,
for selection or subscription to a particular program/service;
(3)
Limitations on negative option marketing plans when done
in connection with a menu-driven system, unless the subscriber is initially
informed, consents (in writing) and periodically (at least semiannually) renews
the consent to be included on a list of potential subscribers; and
(4)
Restricting access to menu-driven program/service selection
by subscribers (through the use of individual, non-duplicative access codes
or some other means) in order to limit unauthorized purchases or purchases
above a certain preset amount.
C.
If, at the time an MCS provider implements and/or offers menu-driven program/service selection, such MCS provider also adopts an operational policy which protects subscribers from those potential problem areas listed in Subsection B of this section, the Board/franchising authority shall not exercise its additional regulatory authority on this subject, unless there is documentation that the adopted policy of the MCS provider is not being enforced or is ineffective in safeguarding subscribers from the potential abuses listed above.
D.
As for service clusters and the packaging of service
tiers and to provide both a disincentive for bait and switch tactics and to
promote cluster and tier stability, an MCS provider may not switch any particular
multichannel service from one tier or cluster to another without furnishing
30 days' advance notice to the subscribers and 45 days' advance notice to
the Board/franchising authority; provided, however, that an MCS provider may
make a change of program service location on less than the notice above required
whenever such change is beyond its control or it has less than the above required
notice of such change, in which event such notices must be provided within
30 days after the MCS provider first knows of such change.
E.
Nothing contained in this section shall be construed
as mandating any particular programming choice being provided to a subscriber.
Nor shall this section be construed as requiring any particular program, service,
cluster or tier. Rather, this section is designed to promote cluster and tier
stability, so that a subscriber may choose a program, service, cluster or
tier that best suits the subscriber's individual programming and informational
needs.
A.
In order to facilitate the needs of the local customers,
an MCS provider shall maintain a customer service office which:
(1)
Is located not more than three miles from the Town Hall
of the Town of Eastchester, New York;
(2)
Provides adequate parking;
(3)
Is accessible to the physically and ambulatory-impaired;
(4)
Is adequately staffed during business hours to handle
the flow of customers; and
(5)
Is equipped with up-to-date and properly functioning
computer and telephonic equipment, so that all customers may be properly and
promptly served.
B.
The customer service office shall be open at least 40
hours per week (exclusive of holidays).
C.
Within the 40 hours per week that a customer service
office must be open, an MCS provider must provide office hours either on at
least two evenings (after 5:00 p.m.) or on Saturdays and/or Sundays (if not
prohibited by state law, including NYSCCT rules and regulations).
D.
The customer service office shall have an adequate and
knowledgeable staff in order to handle the vast majority of customer service
inquiries, specifically including, but not limited to, billing inquiries,
refunds, credits, service outages, equipment service and repair, payment of
bills and other charges and inquiries from disabled or physically impaired
customers.
E.
An MCS provider may install (at its customer service
office an after-hours depository in order to collect invoice payments and
receive requests for service appointments (including connections and disconnections)
after scheduled office hours.
F.
An MCS provider may install an automated (audio or video)
customer assistance device or machine which can handle various types of customer
inquiries, so long as the caller has the option and ability at all times to
speak with a live representative of the MCS provider.
G.
Where not prohibited by the state (including NYSCCT rules
and regulations), an MCS provider may install an interactive customer assistance
service over one or more multichannels which can handle various types of customer
inquiries.
H.
Neither the presence of an after hours depository, an
automated customer service device, nor an interactive customer service channel,
shall relieve an MCS provider from maintaining the minimum required number
of office hours or a customer service representative (CSR) staff adequate
to handle service inquiries.
I.
Any MCS provider shall be able to certify to the Board/franchising
authority, upon request, that each customer service representative (CSR) has
taken and passed an MCS provider-implemented course designed to train customer
service representatives (CSR's) to handle their jobs in a courteous, efficient,
knowledgeable and responsive manner.
J.
An MCS provider shall maintain at least one toll-free
and/or local telephone number to accommodate normal business inquiries.
K.
An MCS provider shall maintain a twenty-four-hour toll-free
and/or local telephone number to facilitate calls concerning repair of equipment
and extended interruption of service. During any hours that the customer service
office is open, the MCS provider must have or make available, in-house personnel
to address a customer's inquiries. During other hours, a telephone may be
manned by an automatic answering device, provided that, incoming calls are
monitored to determine the existence of service outages. The MCS provider
shall not be required to make in-person telephone contacts to subscribers
at a rate which exceeds 60 calls per hour.
L.
An MCS provider shall have adequate staff and/or extension
lines (except during special marketing promotion periods, peak billing cycles
and service outages) in order to handle calls and inquiries directed to the
general information number, so that the following standards may be met:
(1)
Ninety-five percent of all customer calls received in
any given thirty-day period shall be answered and responded to within three
minutes by a representative of the MCS provider or by a device that is capable
of complaint/inquiry resolution; and
(2)
The rate of abandoned calls shall be less than 5% over
any thirty-day period of time. "Abandoned calls" shall not include calls in
which the caller hangs up within 45 seconds of making the call.
Notwithstanding any other requirements of this chapter and any requirements
of federal or state law (including NYSCCT rules and regulations), an MCS provider
shall comply with the following special service requirements for blind, hearing-impaired
or ambulatory-impaired customers:
A.
Provide wheelchair accessibility to an MCS provider's
customer service office;
B.
For any customer declared legally blind by the state,
an MCS provider must provide, if requested by such customer, large type, braille,
voice synthesized or functionally equivalent notices, bills and other pertinent
multichannel system information;
C.
Provide, at a nondiscriminatory charge, a special closed-captioned
converter for the hearing-impaired;
D.
If otherwise made available, provide at a nondiscriminatory
charge, a remote control device and/or converter for wheelchair subscribers
or subscribers with a permanent medical or physical ambulatory impairment;
E.
Where applicable, provide modified or special instructions
for use of equipment by individuals who have physical impairments;
F.
In times of a disaster emergency or other instances requiring
an emergency alert, provide an all channel video blanking capability, so that
all channels will be blanked simultaneously with the audio alert signal, in
order to increase the likelihood that hearing and sight-impaired customers
will be alerted; and
G.
If permitted by the NYSCCT and approved by the Board/franchising
authority, provide for the inclusion, within broad programming services offered,
of one or more services designed specifically or primarily for sight-impaired,
hearing-impaired or ambulatory-impaired subscribers.
A.
An MCS provider shall not, as to rules, regulations,
rates, charges, provision of service or use of a provider's facilities and
equipment, make, allow or grant any undue preference or advantage to any person,
nor subject any person to prejudice or disadvantage on the basis of age, race,
creed, color, sex, national origin, handicap or religious affiliation.
B.
Consistent with Section 621(a)(3) of the Cable Act [codified
at 47 U.S.C. § 541 (a) (3)], MCS providers classified as cable operators
shall not deny cable service or the extension of cable service, to any group
of potential residential cable subscribers because of the income of the residents
of the local area in which such group resides.
C.
Subsection A of this section, however, does not prohibit an MCS provider from offering a promotional or incentive discount rate or charge. This subsection does not prohibit an MCS provider from offering special incentive rates such as one month basic service free if 12 months of basic service are paid in one payment or within a certain time frame or similar types of prepayment discounts (as long as such is not prohibited by the NYSCCT).
D.
Subsection A of this section also does not prohibit an MCS provider from denying service based on location of residence, if that residence is outside the parameters for line extension as detailed in a franchise agreement (if applicable.
E.
Subsection A of this section also does not prohibit an MCS provider from denying service to a subscriber who is more than 30 days delinquent in the payment of any periodic service or special service bill, so long as the requirements for disconnection (as outlined in this chapter) have been satisfied.
F.
Subsection A of this section also does not prohibit an MCS provider from implementing a service tier or service cluster for lower income and/or fixed income individuals.
G.
Subsection A of this section also does not prohibit an MCS provider from making agreements or entering into multichannel service agreements with multiple dwelling unit owners (including hotel, motel and mobile park owners) to provide multichannel service under a bulk billing or other type of arrangement.
A.
Prior to formally delivering any equipment, including
equipment which is auxiliary to that owned by a customer, an MCS provider
shall have tested a representative sample (at least 1%) of such equipment
to make sure that it is in proper working order, unless the franchisee can
provide proof, if requested, that such equipment has already been pretested
or such equipment is tested at the time of installation.
B.
An MCS provider shall deliver to a customer printed instructions
detailing the proper use of rented, loaned or purchased equipment. Unless
required by another section of this chapter, an MCS provider may comply with
this section by delivering the manufacturer's instructions to a customer.
D.
An MCS provider shall comply with any and all applicable
state rules (including any applicable NYSCCT rules and regulations) concerning
the imposition, retention and return of security deposits.
E.
If the state, FCC and/or NYSCCT is silent on the security
deposit for a particular piece of equipment, the MCS provider shall be prohibited
from charging any security deposit for equipment which exceeds the replacement
cost to the MCS provider.
F.
As a matter of consumer protection, an MCS provider shall
be prohibited from charging any security deposit for multichannel service
which exceeds twice the basic monthly rate.
G.
An MCS provider may charge an appropriate security deposit (consistent with Subsection F of this section) in those instances where a customer is reconnected after an involuntary disconnection for nonpayment or prior history of unsatisfactory payment.
H.
An MCS provider shall return a security deposit held
to secure equipment return (together with any interest earned) after the equipment
is satisfactorily returned and a deposit held to secure payment for service
shall be returned when the subscriber maintains a satisfactory payment history
(i.e., no payment delinquencies within the preceding twelve-month period).
I.
A customer shall maintain any equipment rented or leased
from an MCS provider in good working order and operate such equipment only
in the manner specified by the MCS provider or manufacturer of the equipment.
J.
A customer shall reimburse an MCS provider for any damage
or loss to an MCS provider's equipment that is due to the customer's failure
to properly maintain and operate such equipment.
K.
A customer shall be relieved from any responsibility
for reimbursing an MCS provider for equipment which malfunctions or does not
operate due to a hidden or latent defect in the equipment and for equipment
which fails to operate or improperly operates, due to natural occurrences
conditioned by the normal wear and tear of such equipment.
A.
An MCS provider shall be required to keep and maintain
service inquiry logs, subject to any limitations imposed by the NYSCCT or
by state or federal law, including (for MCS providers classified as cable
operators) any subscriber privacy limitations imposed by the Cable Act.
B.
The purpose of the service inquiry logs is to assist
the village in assessing (in the aggregate the type, degree and resolution
of customer service requests, inquiries and complaints.
C.
At a minimum, the service inquiry logs shall contain
the following:
(1)
The time and date of initial receipt of any service request,
inquiry or complaint, relating to service outage, transmission problems, unsafe
conditions or any other circumstances requiring further response, together
with the time and date of initial response to that service request, inquiry
or complaint;
(2)
The nature of the service request, inquiry or complaint;
(3)
The precise action taken by an MCS provider in order
to resolve the service inquiry, request or complaint;
(4)
Whether the service request, inquiry or complaint was
resolved by allowing a credit or refund of some sort; and
(5)
The area, location or quadrant of the village where the
service request, inquiry or request was generated.
D.
In addition to any other right of inspection that the
Board/franchising authority may possess, it shall have the right to review
and inspect a compilation of such logs. However, the Board/franchising authority
shall not have the right of access, review or inspection for any service inquiry
logs or any information contained within service inquiry logs that are otherwise
protected from access, review or inspection by federal or state law (including
any applicable NYSCCT rules and regulations).
E.
The term "service inquiry logs," as used in this section,
shall not include logs on scheduled installations.
A.
If at any time an MCS provider (in furtherance of its
right to construct, operate and maintain a multichannel system), shall disturb
the yard, residence or other real or personal property of a subscriber, upon
a request by the subscriber for restoration of such property such MCS provider
shall ensure that the subscriber's yard, residence or other personal property
is returned, replaced and/or restored to a condition comparable to that which
existed prior to the commencement of the work.
B.
The costs associated with both the disturbance and the
return, replacement and/or restoration shall be borne by the MCS provider,
unless the disturbance was made at the request of the subscriber or property
owner. This subsection also requires the MCS provider or the subscriber, to
reimburse a private property owner for any physical damage caused by the MCS
provider, its subcontractor or its independent contractor, in connection with
the disturbance of a private property owner's property.
C.
The types of acts specifically included in this section
are the following, subject to existing easement rights:
(1)
Removal of a property owner's sod, lawn, plants, shrubbery
,flowers, trees, driveway or fence to install, trench, repair, replace, remove
or locate cable or other equipment of an MCS provider;
(2)
Installation or removal of cable or other equipment of
an MCS provider on a subscriber's property or within his or her residence
which requires drilling, excavating, plastering or the like on the part of
the MCS provider;
(3)
Temporarily relocating or moving a piece of personal
property or a fixture of a subscriber (such as a motor vehicle, fence, air
conditioning or heating unit or the like, in order to perform construction,
maintenance or repair on the multichannel system; or
(4)
Permanently removing an MCS provider's cable or equipment
due to either the revocation, termination or nonrenewal of a franchise (if
applicable or the abandonment, withdrawal or cessation, of multichannel service
to any portion of the village.
D.
The requirements imposed upon the MCS provider extend
to any subcontractor or independent contractor that the MCS provider may employ
to perform the tasks outlined in this section.
E.
In light of the foregoing, an MCS provider has the responsibility
to diligently take all reasonable steps to protect the system and its components
from contact with tree limbs (e.g., employing the accepted practice of installing
tree guards).
A.
Except in case of emergencies or an appointment scheduled with the mutual consent of a subscriber, an MCS provider shall, under normal operating conditions (as defined in the federal rules), respond to the service inquiries, requests and complaints of subscribers, within such MCS provider's normal business or service hours and within the time schedules detailed in Subsections B through G of this section. The MCS provider shall be considered in compliance by the Board/franchising authority if the standards of service outlined in Subsections B through G are met or exceeded at least 95% of the time over any calendar quarter. Moreover, except in emergency situations, an MCS provider shall inform the customer that there is a choice as to whether the service call is scheduled for the morning, afternoon or evening hours. If the service call has to be canceled or rearranged by the MCS provider, the MCS provider shall make every effort to notify the customer as soon as possible and shall reschedule the service call for a time within 24 hours of the cancellation or the next available time convenient to the subscriber.
B.
In the case of a signal or service interruption (such
being defined as a visually discernible degradation in picture or sound),
an MCS provider shall use its best efforts to respond and remedy the problem
the same day, but in no case later than 24 hours or one working day, whichever
is greater, from the time the MCS provider first received notification of
the signal or service interruption.
C.
In the case of a "blank" or "no-picture" situation at
any given level of billing or service (except for pay-per-view events), an
MCS provider shall make such repairs as are necessary to return the multichannel
service to proper operation within 24 hours from the time the MCS provider
first received notification of the "blank" or "no-picture" situation.
D.
In the case of a defective, improperly operating or nonoperating
piece of equipment affecting the transmission of cable television or MCS service,
an MCS provider shall use its best efforts to respond and remedy the problem
the same day, but in no case shall the response be later than 24 hours or
one working day and such MCS provider shall make the repairs necessary to
correct the problem if reasonably possible within 36 hours from the time the
MCS provider first received notification of the defective, improperly operating
or nonoperating piece of equipment.
E.
Repair to a piece of equipment in a subscriber's residence
or repair to the cable (coaxial, fiber or functional equivalent) shall be
completed and the situation resolved, at the conclusion of the first service
visit. If the repair is not completed and resolved within three visits and
if as a result of the insufficient repair there remains a visually or audibly
detected degradation of a multichannel signal, the MCS provider must, immediately
and completely, either replace all drop cable (coaxial, fiber or its functional
equivalent) or isolate and correct the source of signal degradation in order
to rectify the situation.
F.
In no case shall a subscriber's service request or inquiry relating to an area service outage (three or more subscribers) go unresponded to for more than 12 hours from the time the MCS provider first received notification of the service inquiry or request. If a cancellation of a service call occurs, the MCS provider shall reschedule the call in a manner consistent with the guidelines provided in Subsection A of this section.
G.
In case of a dispute concerning the precise time that
the MCS provider received notification or the precise circumstances surrounding
the MCS provider receiving the notification or whether notification was received
at all, the Board/franchising authority reserves the right and authority to
settle such a dispute. However, MCS providers classified as cable operators
have the option of choosing the NYSCCT for the resolution of the timing dispute.
A.
Except in emergencies, an MCS provider shall at all times
have access to and be able to secure sufficient maintenance and repair parts
and equipment for the MCS system, so that the MCS provider can respond to
and begin appropriate steps to correct all subscriber service interruptions
within the time periods specified in this chapter, except for reasons beyond
the MCS provider's control.
B.
Having access to and being able to secure sufficient
maintenance and repair parts and equipment is necessary to promptly restore
a subscriber's multichannel service and to avoid delays caused by having to
obtain needed parts and equipment.
C.
Except in case of emergencies or labor disputes with
the employees of the MCS provider (whose duration has been less than 72 hours),
an MCS provider shall have sufficient maintenance and repair personnel, so
that the MCS provider can respond to subscriber service interruptions within
the time periods specified in this chapter.
D.
An MCS provider shall certify to the Board/franchising
authority, upon request, that each service technician has taken and passed
an MCS provider-implemented course designed to train service technicians to
handle their jobs in a courteous, efficient, knowledgeable and responsive
manner. The course shall also be designed to provide continuing education
to service technicians in changes in technology, repair/maintenance procedures
and related matters.
E.
Notwithstanding the other provisions contained in this
section, an MCS provider shall maintain at least one service technician on
call 24 hours per day.
A.
Under normal operating conditions, new installations,
promotional, short-term or seasonal connections, reconnections and upgrades
of multichannel service by an MCS provider shall be performed and completed
within seven days (excluding holidays) of a customer requesting such. This
standard shall be met no less than 95% of the time as measured on the basis
of a calendar quarter.
B.
The provisions of subsection A of this section shall not apply to pay-per-view or menu-driven connections.
C.
While an MCS provider may charge a customer for installing,
connecting or reconnecting multichannel service, such charge must be explained
to and approved by the customer prior to the installation, connection or reconnection.
D.
In the case of a promotional or seasonal connection,
any limitations or restrictions must be explained in printed form to the subscriber
prior to such connection.
E.
An MCS provider may charge an appropriate reconnection
charge, as permitted by applicable federal or state law. It may also require
a security deposit in those instances where a customer is reconnected after
an involuntary disconnection for nonpayment or a prior history of unsatisfactory
payment. However, such security deposit must be based on the prior unsatisfactory
payment history or involuntary disconnection of the customer and not the location
or address of the residence or structure.
F.
To the extent provided by applicable federal or state
law, downgrading a particular service level or service cluster to a lower-priced
or less comprehensive service or cluster level shall not be considered an
installation or connection to the lower-priced or less comprehensive level
of service; provided, however, that in no event shall there be any charge
for complete discontinuance of service by a subscriber.
G.
An MCS provider classified as a cable operator shall
comply with any and all rules and regulations of the NYSCCT concerning downgrading.
A.
A subscriber shall not be considered delinquent in payment
until at least:
B.
Before disconnection of a subscriber's multichannel service
(either physically or electronically) takes place, the following must occur:
(1)
The subscriber must in fact be delinquent in payment
for multichannel service; and
(2)
At least five days shall have elapsed after a separate
written notice of impending disconnection has been personally served upon
the subscriber or deposited at his or her residence; or
(3)
At least eight days have elapsed after mailing a separate
written notice of impending disconnection to the subscriber; or
(4)
At least five days have elapsed after the subscriber
has either signed for or refused to accept a separate written notice of impending
disconnection.
C.
The written notice of disconnection must clearly state
the amount that is owed by the subscriber to an MCS provider, the minimum
amount required to be paid to avoid disconnection and the date and place where
such payment must be made.
D.
Disconnection of service must occur both on a normal
service day and within normal business hours of an MCS provider, unless the
subscriber agrees otherwise or is given the opportunity to pay the full amount
of the past due account.
E.
An MCS provider who physically retrieves its equipment
(including, but not limited to, converter, remote control unit or digital
audio tuner) from a subscriber must do so within both a normal service day
and normal service hours of the MCS provider, unless otherwise agreed to by
the subscriber.
F.
Receipt of a bad check from a subscriber, in response
to a written notice of disconnection, does not constitute payment and the
affected MCS provider need not give the subscriber further notice prior to
disconnecting multichannel service.
G.
An MCS provider may add a reasonable collection charge
to the subscriber's bill if the applicable provisions of this chapter and
any applicable state regulations (including those of the NYSCCT) are followed.
H.
Any refund due a subscriber after such a disconnection
shall be made within 60 days of the disconnection for nonpayment, unless no
forwarding address is available.
A.
At any time, a subscriber may request that a particular
service tier, service cluster, menu-driven program/service, premium channel,
informational service or the entire multichannel service be disconnected.
B.
Where provided by an MCS provider, a subscriber may request
a downgrade from a particular level of service to a less comprehensive level
of service or a less expensive level of service.
C.
From the date that a subscriber requests either a disconnection
or downgrade, the MCS provider shall have 72 hours or three service days,
whichever is longer, to disconnect or downgrade the service tier, pay channel,
premium channel, informational service or entire multichannel service. In
the event that an MCS provider does not disconnect or downgrade service within
said period, a subscriber's obligation to pay for such service shall cease,
or, in the case of a downgrade, a subscriber's obligation to pay for the more
comprehensive and/or higher priced service shall cease as of the end of such
period.
D.
For a service tier, service cluster, menu-driven service,
premium channel or informational service which is voluntarily disconnected,
a subscriber shall pay a pro rata share of the monthly rate for such service
tier, service cluster, menu-driven service, premium channel or informational
service.
E.
Once a valid connection to a menu-driven program or a
pay-per-view event occurs, the MCS provider may collect the full advertised
or quoted rate, should the customer later attempt to disconnect the menu-driven
program or pay-per-view event.
F.
For MCS providers classified as cable operators, any
charge or billing imposed on a subscriber as a result of a downgrade shall
be no more than the maximum permitted by NYSCCT rules and regulations. For
other MCS providers, the Board/franchising authority reserves the right to
approve any charge or billing that would be imposed on a subscriber as a result
of a downgrade in service.
G.
If, however, an MCS provider's equipment is or has been
lost, appropriated or damaged by a subscriber prior to such disconnection,
the MCS provider may charge the subscriber the entire cost of such loss or
damage, provided that the MCS provider notifies the subscriber within 30 days
of the disconnection. A subscriber shall not be required to pay for equipment
failure, if the circumstances fall within the normal wear and tear or acts
of nature guidelines established in this chapter.
H.
Any refund due a subscriber after voluntary disconnection
and/or downgrade shall be made within 60 days after such disconnection, unless
no forwarding address is available.
I.
In no event will this section be viewed as abridging
the rights and remedies afforded by the subscriber complaint/inquiry resolution
process outlined in this chapter.
J.
The provisions contained in this section concerning downgrades
shall be considered supplemental to any applicable rules and regulations of
the NYSCCT.
The Board/franchising authority recognizes that it is in the public's
interest to be able to utilize the functions inherent in a subscriber's receiving
equipment without having to incur additional costs to obtain the same functions.
Consequently, the Board/franchising authority may require that, unless an
MCS provider can demonstrate to the village that it is not technically feasible
or that it is commercially impracticable, such MCS provider shall provide
the ability to utilize the functions inherent in subscriber equipment in a
seamless or see-through manner which allows:
A.
The use of any built-in remote control capability of
a subscriber's television receiver/monitor for the control of any and all
television channels provided by the MCS provider without the use or necessity
of additional on premises equipment; and
B.
The ability to record video programming on any channel
provided by the MCS provider while watching video programming on any different
channel, without the use or necessity of any additional in-home equipment
other than the television receiver/monitor and a video recorder.
A.
An MCS provider shall abide by any and all subscriber
privacy rules or regulations of the federal or state governments (including
any applicable rules and regulations of the NYSCCT).
B.
MCS providers classified as cable operators shall also
comply with any subscriber privacy protection requirements and procedures
listed in Section 631 of the Cable Act (codified at 47 U.S.C. § 551).
A.
An MCS provider is required to develop a comprehensive
complaint/inquiry resolution policy which adheres to this chapter and any
rules or regulations promulgated hereto.
B.
An MCS provider's complaint/inquiry resolution policy
shall be reduced to writing and such policy shall be available upon request
to any person. In any event, a subscriber shall receive notice of such policy
in the manner that is prescribed by this chapter and any state rules and regulations
(including those of the NYSCCT). Further, nothing in this section shall prohibit
a subscriber from seeking relief from the NYSCCT for any matter within its
jurisdiction.
C.
An MCS provider's complaint/inquiry resolution policy
shall contain at least the following minimum standards:
(1)
The initial response to a complaint/inquiry involving
a service interruption shall occur no later than 24 hours after receipt of
the complaint/inquiry;
(2)
The MCS provider shall use its best efforts to resolve
the complaint/inquiry relating to service problems within 24 hours after receipt
of the complaint/inquiry;
(3)
Complaints/inquiries relating to service changes or additions
shall be responded to in accordance with this chapter;
(4)
Subscribers shall be informed of the credit/refund policy,
which shall be consistent with this chapter and any applicable state regulations
(including those of the NYSCCT); and
(5)
Subscribers shall be informed of the billing disputes
policy, which shall be consistent with this chapter and any applicable state
regulations (including those of the NYSCCT).
A.
The Board/franchising authority declares that, as part
of its right to establish multichannel customer service guidelines, it is
in the public interest to ensure continuity of multichannel service for all
subscribers. In that light, the Board/franchising authority also determines
that it may take appropriate measures to ensure that no portion of the village
is threatened or faced with a disruption, interruption or discontinuance of
multichannel service due to the actions of any MCS provider.
B.
Consistent with the principles and purposes enumerated in Subsection A, it is the Board/franchising authority's policy:
(1)
To provide for continuity of multichannel service in
the event of acquisition by the village;
(2)
To provide for continuity of service in the event of
a proposed abandonment, withdrawal or cessation of multichannel service by
an MCS provider;
(3)
To provide for continuity of service in the event of
revocation, termination or nonrenewal of a franchised MCS provider's franchise;
(4)
To provide for continuity of service in the event that
a transaction occurs that affects the ownership or control of the MCS provider,
such as an assignment, sale, transfer or merger;
(5)
To provide for continuity of service in the event of
expiration of a franchise;
(6)
To prevent disruption of multichannel service, which
would provide a hardship on those subscribers who rely on a multichannel system
as their primary or secondary source of information; and
(7)
To prevent the interruption or cessation of multichannel
service, which would disrupt or eliminate the diversity of programming choices
enjoyed by subscribers of a multichannel system and thereby restrict their
ability to receive information.
C.
In any situation (including any of those mentioned above)
which threatens the village and subscribers with loss of or interruption in
the continuity of multichannel service, the MCS provider shall, to the extent
that it has adequate advance knowledge, provide the Board/franchising authority
with at least 45 days' notice prior to the effective date of any action which
would cause a loss of or interruption in the continuity of multichannel service.
D.
Whenever any situation occurs (including those mentioned
above) which threatens the village and subscribers with the loss or interruption
of multichannel service, the MCS provider shall use its best efforts for a
period of up to 24 months to ensure that all subscribers receive continuous,
uninterrupted multichannel service of the same quality, mix and level(s),
regardless of the circumstances.
E.
During the interim period, the Board/franchising authority
shall work with the MCS provider in order to secure a new multichannel system
owner or rectify the problem, so that the threat of loss of continuity is
removed at the earliest possible date.
F.
During any interim period in which the MCS provider continues
to provide multichannel service to subscribers, the MCS provider is entitled
to all revenues collected, except any sums owed (including franchise fees,
alternative user charges and taxes) to the village or to other persons.
G.
In the event that the threat of loss of continuity is
not resolved within 24 months, the Board/franchising authority may extend
the interim period on a month-to-month basis until the situation is satisfactorily
resolved. Also, in such a circumstance, the Board/franchising authority may
adopt any emergency rules or procedures which will ensure that the subscribers
will receive continuous, uninterrupted multichannel service of the same quality,
mix and level(s).
H.
Nothing in this section shall be construed as requiring
an MCS provider to operate a multichannel system at a continued financial
loss (due to bankruptcy or insolvency) for an extended period of time. In
such case, while the Board/franchising authority may require continuity of
service, it must lift such requirement as soon as the threat of loss of service
is removed. Consequently, the Board/franchising authority must take appropriate
steps to ensure the continuity of service.
A.
The Board/franchising authority does not intend to prohibit
the erection or continued use of individual television antennas within the
village so long as the individual television antennas conform to any and all
applicable zoning and/or land use regulations. Consequently, no person shall
be required to receive multichannel service or to physically connect to a
multichannel system.
B.
No person shall be penalized or fined (through either
a home sales contract, deed with restrictive covenants or other type of agreement)
for failing or refusing to receive multichannel service or for failing or
refusing to physically connect to a multichannel system.
In order to establish minimum uniform standards, each MCS provider shall
adopt the following minimum construction schedule and construction-related
requirements:
A.
Construct, install, maintain and repair the multichannel
system in accordance with this chapter;
B.
Use streets and public ways in the manner set forth in
this chapter;
C.
Where applicable, remove franchise property from public
streets, as set forth in this chapter;
D.
Adopt the construction standards set forth in this chapter;
E.
Adopt the system expansion standards set forth in this
chapter;
F.
Adopt the construction schedule referred to in this chapter;
G.
Abide by and act in strict accordance with, all current
technical codes adopted by the village, the state or the United States; and
H.
Maintain all permits and licenses required by this chapter.
During any phase of construction, installation, maintenance and repair
of the multichannel system, the MCS provider shall use materials of good and
durable quality and all such work shall be performed in a safe, thorough and
reliable manner.
A.
All wires, conduits, cable (coaxial, fiber or functional
equivalent) and other property and facilities of an MCS provider shall be
so located, constructed, installed and maintained as not to endanger or unnecessarily
interfere with usual and customary use, traffic and travel upon the streets,
rights-of-way, easements and public ways of the village. To prevent the unnecessary
disruption of the flow of traffic during peak traffic hours, any MCS provider
shall make reasonable efforts to minimize work associated with construction
or installation activities (other than in subscriber homes) that involve working
on or within the street system between 7:00 a.m. and 9:00 a.m. and between
3:00 p.m. and 6:00 p.m. on regular business weekdays.
B.
In the event that an MCS provider's system creates a
hazardous or unsafe condition or an unreasonable interference with property,
such MCS provider shall at its own expense, either voluntarily or upon the
request of the Board/franchising authority, remove or modify such part of
the system as may be required to eliminate such condition from the subject
property.
C.
An MCS provider shall not place equipment where it will
interfere with the rights of property owners or with gas, electric or telephone
fixtures or with water hydrants or mains or with wastewater lift stations,
any traffic control system or any other service or facility that benefits
the village's or its residents' health, safety or welfare.
D.
An MCS provider, at either its own expense or that of
a private contractor, shall protect rights-of-way and easements and shall
support or temporarily disconnect or relocate in the same street or other
public way any property of such MCS provider when necessitated by reason of:
(1)
Traffic conditions;
(2)
Public safety;
(3)
A street closing;
(4)
Street construction or resurfacing;
(5)
A change or establishment of street grade;
(6)
Installation of sewers, drains, water pipes, storm drains,
lift stations, force mains, power or signal lines and any traffic control
system; or
(7)
Any improvement, construction or repair related to the
village's or its residents health safety or welfare.
E.
It shall be the responsibility of an MCS provider (acting
alone or in conjunction with another person), upon reasonable request and
without charge, to locate and mark or otherwise visibly indicate and alert
others to the location of its underground cable (coaxial, fiber or functional
equivalent) before employees, agents or independent contractors of any entity
perform work in the marked-off area.
F.
An MCS provider shall, on the request of any person holding
a building moving permit, temporarily remove, raise or lower the cable wires
to allow the moving of the building. The expense of temporary removal shall
be paid by the person requesting it and such MCS provider may require payment
in advance. The affected MCS provider shall be given not less than 21 days'
notice of a contemplated move to arrange for temporary wire changes.
G.
For any new installations occurring after the effective
date of this chapter and at the time that an MCS provider rebuilds or upgrades
the multichannel system, all trunk or feeder cable (coaxial, fiber or functional
equivalent) shall be placed underground, when and if all other utilities are
placed underground. Further, where both power and utilities are presently
underground, multichannel system cable shall also be placed underground.
A.
This section is applicable to any MCS provider required
to maintain a franchise to operate within the village.
B.
Unless the village or another MCS provider uses such
multichannel system under the continuity provisions outlined in this chapter
or unless other arrangements have been agreed to by the Board/franchising
authority or the owners of the property where the subject facilities are located,
the affected franchised MCS provider shall at its expense promptly remove
its multichannel system property or any abandoned portion of the system, from
the streets, public ways and private property located within the village whenever
the following occurs:
(1)
A franchised MCS provider ceases to operate all or part,
of the multichannel system for a continuous period of six months;
(2)
A franchised MCS provider ceases and fails to construct
the multichannel system outlined in the application or proposal for renewal
or renewal franchise agreement;
(3)
The Board/franchising authority elects not to renew the
franchise pursuant to the provisions set forth in this chapter; or
(4)
The franchised MCS provider's franchise is revoked pursuant
to the provisions set forth in this chapter.
C.
If not removed voluntarily by a franchised MCS provider,
the Board/franchising authority may notify such franchised MCS provider that
if removal of the property is not accomplished within 270 days or substantial
progress towards removal is not made within 210 days, the Board/franchising
authority may direct officials or representatives of the village to remove
such franchised MCS provider's system property at that franchised MCS provider's
expense. The performance and/or construction bond, irrevocable letter of credit,
cash deposit or full faith and credit guaranty required as set forth in this
chapter shall be available to pay for such work.
D.
If officials or representatives of the village remove
a franchised MCS provider's system property and such franchised MCS provider
does not claim the property within 90 days of its removal, the Board/franchising
authority may take whatever steps are available under state law to declare
the property surplus and sell it, with the proceeds of such sale going to
the village.
E.
When such franchised MCS provider removes its multichannel
system property from the streets, public ways and private property located
within the village, the franchised MCS provider shall, at its own expense
and in a manner approved by the Board/franchising authority, replace and restore
such public or private property to a condition comparable to that which existed
before the work was done.
A.
Methods of construction, installation, maintenance and
repair of any multichannel system shall comply with the most current editions
of the National Electrical Safety Code and the National Electric Code that
affect the construction, installation and maintenance of electrical supply
and communication lines, attachments and supports. To the extent that these
are inconsistent with other provisions of a franchise agreement or state or
local law, state law shall apply unless the state allows the local law to
control.
B.
All construction, installations, maintenance and repairs
shall treat the aesthetics of the property as a priority, shall not unreasonably
impair the appearance or substantially affect the integrity of any structure
and shall not be installed on the bias across any property or side of a residence
or other structure without the property owner's or other authorized person's
permission.
C.
All underground drops shall follow all reasonable construction
and installation standards required under village, state or federal rules.
Underground installations shall be constructed in accordance with the specifications
and requirements of the Village of Bronxville and the National Electric Safety
Code and the National Electric Code and must be designed to minimize disruption
to the village's underground facilities associated with the computerized traffic
control system network.
D.
For existing multichannel system construction, installation and repair, the provisions of Subsection C of this section shall apply only at the time a scheduled upgrade or rebuild of the MCS provider's multichannel system is actually commenced. For newly served areas, the provisions of Subsection C of this section shall apply at the time of initial construction and/or installation.
E.
In instances where either electrical or telephone utilities
install wire or cable aerially, the MCS provider may construct its multichannel
system aerially, unless otherwise required by state law (including NYSCCT
rules and regulations).
F.
In instances where both electrical and telephone utilities
install wire or cable underground, the MCS provider shall construct its multichannel
system underground, unless otherwise permitted by state law (including NYSCCT
rules and regulations). However, where existing aerial electrical or telephone
utilities convert to underground facilities, an existing aerial MCS provider
shall have the option to continue remaining aerial for as long as it does
not constitute a safety hazard and is permitted by state law (including any
NYSCCT rules and regulations).
A.
This section is applicable to any MCS provider required
to maintain a franchise to operate within the village.
B.
A franchised MCS provider's construction schedule for
the multichannel system shall be detailed in the franchise agreement in a
form and format determined by the Board/franchising authority.
C.
A franchised MCS provider who does not comply with the
system construction schedule shall be subject to the penalties provided in
this chapter or, where applicable, a franchise agreement.
A.
The Board/franchising authority recognizes that one of
its primary purposes in the franchising process is to ensure that the widest
diversity of programming sources be available to the greatest number of village
residents. The Board/franchising authority is also cognizant that an MCS provider
may have some constitutionally protected rights with respect to when and what
areas of the village are provided service.
B.
In order to balance those interests, the Board/franchising
authority sets the following minimum guidelines for any system expansion on
the part of a franchised MCS provider.
C.
A franchised MCS provider shall submit, within six months of the effective date of this chapter, a detailed plan for multichannel system expansion to any area in which the public streets are not presently served within the village. Such plan shall not be construed as a requirement for universal service, but rather as a means for achieving the Board/franchising authority's goals mentioned in Subsection A. However, at a minimum, a franchised MCS provider shall extend multichannel service to any area within the village that has a density of 20 home or building passings per mile or fractional equivalent thereof, as measured from the extremity of the system nearest the unserved area. Also, in such a case, a newly installed subscriber shall not be assessed or apportioned the cost for installation, except for the usual and normal connection fees paid by subscribers and except for the costs of custom service arrangements or exceptional distance from the public streets or ways, so long as the system expansion is technically feasible.
D.
The detailed plan must include criteria for extending
the provision of service to isolated subscribers. For purposes of this section,
"isolated subscribers'" means any potential customer of a franchised MCS provider
who dwells in a house more than 1/2 mile from the nearest franchised MCS provider
connection.
An MCS provider shall obtain, at its own expense, all permits and licenses
required by local law, rule, regulation or ordinance and maintain the same
in full force and effect, as long as required by the village or other appropriate
entity.
The MCS provider shall design and conduct any and all tests necessary
to verify the performance and technical integrity of the multichannel system.
Such tests shall be performed at least annually and shall be in accordance
(where applicable) with any and all rules and regulations of the NYSCCT concerning
proof-of-performance.
A.
In order to verify that an MCS provider constructed and
maintained the multichannel system in the manner required by this chapter
and conducted the various performance, technical integrity [including cumulative
leakage (CLI)], preventive maintenance and safety tests required by federal,
state (including NYSCCT) and local laws, the Board/franchising authority reserves
the right to inspect all facets of an MCS provider's construction, as well
as to inspect documents related to construction and inspect test results related
to performance, technical integrity, preventive maintenance and safety.
B.
The Board/franchising authority shall pay for all of
its costs associated with such an inspection, except for those costs occasioned
by an MCS provider's refusal to provide necessary information (such as strand
maps or similar documentation) and costs occasioned by the repeated failure
to construct, install, maintain, repair, rebuild or upgrade, in the manner
specified and required by this chapter, or, where applicable, a franchise
agreement. In such instances, the MCS provider shall pay for such costs incurred
by the village caused by the MCS provider's refusal to supply necessary information
or repeated failure to abide by the rules.
A.
The Board/franchising authority requires that the MCS
provider's construction, operation and maintenance of the multichannel system
meet certain threshold safety levels which are designed to protect the public
and lessen the likelihood of interruption of multichannel service.
B.
Consequently, the Board/franchising authority requires
any MCS provider to adopt the following safety requirements:
(1)
Emergency alert override activation in the manner set
forth in this chapter;
(2)
Minimum standby power as required by this chapter;
(3)
Implementation of a periodic preventive maintenance program,
as set forth in this chapter;
(4)
Compliance with all FCC rules and regulations concerning
maximum cumulative leakage index (CLI) limits; and
(5)
Compliance with any construction, safety or fire codes
required by this chapter.
A.
In order that subscribers may be alerted in the event
of an impending or actual, natural or man-made emergency, all MCS providers
shall ensure that the multichannel system providing multichannel service to
all or part of the village is designed so as to permit an authorized official
of the village to override the audio portion of all channels, by touch-tone
phone (or functional equivalent) from any location.
B.
In addition to any other requirements listed in this
section, an MCS provider shall:
(1)
Designate a channel which will be used for emergency
broadcasts of both audio and video (this channel need not be solely used for
emergency broadcasts and may in fact be used for any lawful purpose);
(2)
Inform subscribers of the designated emergency channel
on a periodic basis;
(3)
Maintain all-channel video blanking capability to facilitate
the needs of hearing and sight-impaired customers;
(4)
Test the emergency override system quarterly and remedy
any problems or operational deficiencies immediately;
(5)
Cooperate with the village on the use and operation of
the emergency alert override system; and
(6)
Develop a plan (with the village's concurrence) to provide
continuity of multichannel service and to respond to service calls in the
event of an emergency.
C.
As one method of providing continuity of multichannel
services in the event of a natural or man-made emergency, an MCS provider
shall, unless exempted by the Board/franchising authority, have the capacity
for three-hour automatically activated standby power on all trunk and feeder
cable and at the system headend and at all sub-headends, hubs, fiber optic
distribution nodes and receive sites associated with the distribution of cable
service to and throughout the village.
A.
All MCS providers, including all franchisees, shall promptly
comply with any applicable federal or state laws, regulations or recommendations
for the provision of safety alert technology which may accomplish any one
or more of the following:
(1)
Effective instantaneous access into potentially every
home, whether or not one subscribes to basic multichannel service;
(2)
No requirement that the television or monitor be turned
on or the volume be turned up, in order to receive the notification;
(3)
No requirement that the village citizen be home at the
time of transmission of the notification in order to receive the notification;
(4)
Coverage of the entire range of human hearing;
(5)
Storage of the notification in case no one is home at
the time;
(6)
An emergency audio alert intended to waken a sleeping
individual;
(7)
Notification of any one individual or discreet segments
of the village citizenry, without unnecessarily alarming the rest of the populace;
(8)
A different alert notification for emergency and non-emergency
situations; and
(9)
Connection to the local office of the National Weather
Service's Site Select weather warning service and standard weather radio service.
B.
Notwithstanding any requirement of applicable federal
or state law, regulations or recommendations, in the event the Board/franchising
authority chooses not to require the provision of this technology or service
by the MCS provider, the MCS provider nonetheless shall reserve the bandwidth
necessary for the provision of this service for use by any other party designated
or approved by the Board/franchising authority.
C.
The Board/franchising authority designates the necessary
bandwidth as a form of governmental access and, as such, may require the provision
of the necessary bandwidth at no charge to the Board/franchising authority.
D.
If, when and as any federal or state law, regulation
or recommendation for such safety alert technology becomes applicable, the
Board/franchising authority may require the MCS provider to cooperate with
the village, the Board/franchising authority and/or any other party designated
or approved to provide such technology or service, in all matters related
to the provision of such technology or service, including but not limited
to:
(1)
Making the public aware of the availability of the technology
or service;
(2)
Educating the public as to the benefits, value and use
of the service;
(3)
The distribution and installation of any in-home device(s)
needed for the reception and use of the technology or service; and
(4)
The provision of the technology and/or service to the
public.
E.
If, when and as any federal or state law, regulation or recommendation for such safety alert technology becomes applicable, the Board/franchising authority may allow the operator to propose an alternative or functionally equivalent, technology or service that meets, to the greatest extent possible, the capabilities set forth in Subsection A of this section.
A.
It shall be the duty of each MCS provider to devise and
implement a periodic preventive maintenance program for the multichannel system,
in order to ensure that there is no material degradation of the multichannel
system that would affect the citizens' health, safety and welfare or negatively
affect the quality of multichannel services being provided.
B.
The MCS provider shall provide a copy of the written
summary of such program to the Board/franchising authority and any revisions,
modifications or amendments thereof as may be made from time to time.
C.
Within 45 days after the completion of any preventive
maintenance component test, the MCS provider shall prepare and provide, upon
request, a written report (except for daily or weekly components and tests
which may be submitted once a quarter) to the Board/franchising authority
detailing the results of the tests conducted and all items performed or addressed
during the periodic preventive maintenance program. Although not exhaustive,
the following areas shall be included in a preventive maintenance program
and subsequent report:
(1)
Inspection and repair, if needed, of the headend;
(2)
Inspection and repair, if needed, of the antenna tower
and its lighting, if required;
(3)
Inspection and repair, if needed, of the weatherproofing
and protection of the antenna lead connectors and on any other exposed fittings;
(4)
Conduct of signal leakage tests in accordance with FCC
requirements;
(5)
Removal of tree roots, limbs and branches that interfere
with or come in contact with the MCS provider's cable;
(6)
Periodic servicing, testing and calibration of the MCS
provider's equipment, including service vehicles and field test equipment;
(7)
Use of a status monitoring system or other adequate practices,
to identify problems or situations in which the multichannel system electronics
are operating outside preprogrammed parameters;
(8)
Testing of the emergency alert system to ensure that
it will function properly during an emergency situation;
(9)
Testing of any safety alert system or technology;
(10)
Testing and the recording of test data, for all signals
(audio and video) at the headend and all system extremity points;
(11)
Testing as required or allowed by federal or state law
(including any applicable or required NYSCCT testing; and
(12)
Meeting or exceeding all operating parameters set or
allowed by the FCC, as such may be revised or amended from time to time.
A.
An MCS provider shall construct, operate, maintain, repair,
remove, replace or restore the multichannel system in strict compliance with
all current technical codes adopted by the Board/franchising authority, the
state (including any applicable codes of the NYSCCT) or the United States.
B.
The codes referred to specifically include, but are not
limited to, construction, fire and safety and zoning codes.
A.
This section is applicable to any unfranchised but otherwise
authorized MCS provider and to any franchised MCS provider which has had its
franchise ruled unconstitutional, unenforceable or invalid. For all franchised
MCS providers, the provisions concerning franchise fees shall be applicable,
unless the franchise fee is replaced by an alternate user charge.
B.
Where not specifically prohibited by federal or state
law and as an alternative to the imposition of a franchise fee as set forth
in this chapter, the Board/franchising authority may impose, extract and collect,
a charge from an affected MCS provider for the use by such provider of the
streets, rights-of-way, easements and public ways of the village.
C.
Such an alternative user charge shall be based on the
value of the public rights-of-way being used by the affected MCS provider.
However, in no event shall the alternative user charge exceed 5% of the affected
MCS provider's gross revenue from operation of its multichannel system within
the village for the reporting period.
D.
The Board/franchising authority adopts such an alternative
user charge, in order to receive fair compensation for the affected MCS provider's
use of the public streets and public ways if such compensation cannot be obtained
by imposing a flat percentage fee on such MCS provider's annual gross revenue.
However, an affected MCS provider may agree to an alternative charge that
is based on a flat percentage of gross revenue, as long as that charge does
not exceed 5% of an affected MCS provider's annual gross revenue from operation
of its multichannel system within the village.
E.
Also, recognizing that an alternative user charge may
affect a franchised MCS provider, the franchise agreement may contain express
language which sets forth a different method or manner to handle a situation
in which franchise fees as historically calculated (as a percentage of gross
revenue) are ruled unconstitutional or unenforceable, in order to protect
and preserve the village's source of revenue and compensation for the use
of the public rights-of-way.
F.
A franchise fee and an alternative user charge shall
not be imposed on the same MCS provider at the same time and for the same
period.
G.
An affected MCS provider shall at no time be charged
or obligated to pay an alternative user charge that exceeds 5% of such provider's
gross revenue (as defined by this chapter) from operation of its multichannel
system within the village for any particular reporting period. In the event
that the alternative user charge does exceed 5% of gross revenue, such alternative
user charge shall be reduced to reflect an amount not greater than the five-percent
cap.
H.
An affected MCS provider shall pay 25% of the alternative
user charge at the end of every three months.
A.
Except as provided in Subsections B, C and D of this section, no person or MCS provider shall be permitted to construct, operate or maintain a multichannel system which requires the laying or positioning or use of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the village, without having first obtained from the village a MCS franchise which is then in effect or whose provisions have been renewed or extended temporarily.
B.
No franchise shall be required for the village or any
local or municipal authority affiliated with it to operate as an MCS provider.
C.
If, as a result of annexation (either previous to or
subsequent to the effective date of this chapter), a previously unfranchised
MCS provider comes under the jurisdiction of the village, such MCS provider
shall not be required to obtain a franchise or to enter into a franchise agreement,
unless the Board/franchising authority expressly gives written notification
to the MCS provider that it is required to do so.
D.
Where a person or MCS provider is required by the Board/franchising
authority to obtain a franchise, the Board/franchising authority shall notify
the person or MCS provider, in writing, within 30 days of the Board/franchising
authority's formal action.
E.
After receipt of notification, the affected person or
MCS provider shall have 90 days in which to submit an application or proposal
as required by the Board/franchising authority. The MCS provider's application
shall be processed in accordance with state and local law.
A.
Consistent with Section 621(a)(1) of the Cable Act (codified
at 47 U.S.C. § 541), the Board/franchising authority may award one
or more nonexclusive multichannel service franchises within its geographical
limits.
B.
A franchised MCS provider shall be selected as part of
a public proceeding and hearing which affords due process to both the village
and the applicant, and in accordance with the procedure set forth by the federal,
state (including any applicable NYSCCT rules and regulations) and local laws
and regulations.
A.
An MCS provider may not lay or use any cable (coaxial,
fiber or functional equivalent) until a franchise agreement is fully executed
and is in effect.
B.
A franchise agreement shall be sufficiently detailed
so as to clearly delineate the rights and duties of both the franchised MCS
provider and the Board/franchising authority.
C.
At a minimum, a franchise agreement shall contain, to
the extent required or appropriate, provisions for the following:
(1)
A detailed definition of "annual gross revenue," in order
to determine what revenues are subject to any franchise fee or alternative
user charge;
(2)
The term or duration of the franchise;
(3)
Indemnity and hold harmless clauses;
(4)
Insurance;
(5)
Performance and completion bonds or security deposits;
(6)
Construction, upgrade or rebuild schedule;
(7)
Compensation, including franchise fees;
(8)
Continuity of multichannel programming service;
(9)
Assignment, transfer or sale of an existing franchise;
(10)
Repeal of prior inconsistent franchise agreements;
(11)
A severability clause;
(12)
The law that governs the franchise agreement; and
(13)
Any exemptions or relief from this chapter granted or
any local law clarifications noted, with respect to the MCS provider's operation
of a franchised multichannel system.
A.
Upon an award of a franchise, in accordance with the
terms of such franchise agreement, an MCS provider required to obtain and
maintain a franchise may construct, erect, install, maintain, operate, repair,
replace, remove or restore a multichannel system within the geographical limits
set forth in the franchise agreement.
B.
The franchised multichannel system may be located in,
upon, along, across, over and under the streets, rights-of-way, easements
and public ways of the village.
C.
Except to the extent that easement rights are conveyed
by the grant of a municipal franchise pursuant to the provisions of federal
law, a franchised MCS provider shall be responsible for obtaining any required
easements for private property (including privately owned utility or streetlight
poles).
D.
A franchised MCS provider, through a separate pole or
utility easement agreement with an affected utility, may locate the multichannel
system on or within the property of such utility company. This provision specifically
includes MCS providers classified as cable operators.
A.
The term of an initial MCS franchise shall not exceed
10 years from the date that a franchise agreement is both approved and executed
by the Board/franchising authority (and, where applicable, the NYSCCT).
B.
The term of a renewal franchise shall be for a period
not less than five years, nor more than 10 years from the date that a franchise
renewal agreement is both approved and executed by the Board/franchising authority
(and, where applicable, the NYSCCT).
C.
If an initial franchise or renewal franchise is for a
period of six years or less, the village shall set forth the reasons for granting
the shorter franchise, either in the franchise agreement or elsewhere.
A.
The Board/franchising authority may develop rules and
regulations with respect to the submission and processing of applications
for a franchise. Such rules shall be consistent with and/or subordinate to
any applicable rules and regulations of the state (including, where applicable,
those of the NYSCCT). Further, such rules and regulations shall primarily
be aimed at determining the legal, financial, technical and character qualifications
of the applicant for a franchise.
B.
Unless prohibited by any state agency (including the
NYSCCT) and unless inconsistent with applicable federal law, an applicant
shall pay an initial application fee, which shall be no greater than the administrative
and consulting costs associated with processing an initial application for
a franchise. The total application fee must be paid, unless waived, when the
initial application for the franchise is filed.
A.
Any franchised MCS provider (specifically including any
MCS provider classified as a cable operator) awarded a franchise or renewal
franchise after the date this chapter becomes effective shall pay to the village
for the privilege and use of the streets, rights-of-way, easements and public
ways and other facilities of the village in the operation of the multichannel
system and for the village's supervision thereof during the term of the franchise,
a sum equal to 5% of the gross revenue of such franchised MCS provider, provided
that such fee shall be reduced to the extent necessary to comply with applicable
federal and state law and rules.
B.
If the FCC, Congress or other governmental entity with
authority over multichannel service ever allows a governmental entity or Board/franchising
authority to increase the franchise fee beyond 5%, the Board/franchising authority
shall have the authority to increase the franchise fee to the maximum percentage
allowable; provided, however, that no increase in fee may be imposed upon
a franchisee during the term of a franchise agreement without the consent
of the franchisee.
C.
Franchised MCS providers classified as cable operators
(consistent with the Cable Act and the applicable rulings of the FCC or the
NYSCCT) may pass through to subscribers the amount of any increase in a franchise
fee, unless the Board/franchising authority demonstrates that the rate structure
specified in the franchise agreement reflects all costs of franchise fees
and so notifies the franchised MCS provider classified as a cable operator
in writing. Franchised MCS providers not classified as cable operators must
petition and be granted the authority to pass through any increase in a franchise
fee.
D.
Franchised MCS providers shall, to the degree required
by the applicable rulings of the FCC and NYSCCT, pass through to subscribers
the amount of any decrease in a franchise fee.
E.
A franchised MCS provider shall file with the Board/franchising
authority, within 45 days after the expiration of each of the franchised MCS
provider's fiscal quarters, a detailed financial and revenue statement clearly
showing the franchise fee due for the preceding quarter together with the
bases of the calculations thereof. Such statement shall be certified by a
certified public accountant or officer of a franchised MCS provider attesting
to the accuracy, completeness and veracity of the revenue figures. Such statement
shall be in a form and format adequate to show the subject revenue and fees
due (subject to reasonable review by the Board franchising authority) and
shall include revenue from any source that is gross revenue as defined hereinabove.
Revenue shall be reported by service category, type and level, showing computations
and using incremental billing rates for all sources, levels, tiers, clusters,
types of service and other revenue sources by kind and type, subject to appropriate
protection of proprietary information and the confidentiality of subscriber
information under federal law.
F.
The quarterly portion of the franchise fee shall be paid
to the village at the time the financial and revenue statement is filed.
G.
In the event that payment is not made by the due date
or within 10 days after proper demand, such franchised MCS provider may be
declared in default of the franchise and the franchise may be revoked, terminated
or canceled in the manner prescribed by this chapter.
H.
The Board/franchising authority reserves the right to
audit a franchised MCS provider's books, if the Board/franchising authority
deems it necessary, subject to appropriate protection of the confidentiality
of subscriber information under federal law. If such audit discovers an underpayment
of franchise fees in any amount, the affected franchised MCS provider shall
reimburse the village for the cost of such audit (unless such cost is waived
by the Board/franchising authority). The right of audit and recomputation
of any and all amounts paid as a franchise fee shall always reside in the
Board/franchising authority.
I.
If an audit or other research discovers that franchise
fees have been either materially underpaid or not paid for a period exceeding
six months from the original due date, the village may seek full recovery
of the underpaid or non-paid fees, plus interest, not to exceed 15% per year
or the maximum allowable under state law (whichever is less).
J.
All annual reports pertaining to the payment of franchise fees shall be certified by an officer of the franchised MCS provider and shall be provided in the form, format and detail applicable to quarterly reports under Subsection F above. Such provider shall maintain records used in the preparation of said reports, to be produced in their original form and in their entirety upon request or demand by the Board/franchising authority, subject to protection of the privacy of subscriber information.
K.
No acceptance of any payment shall be construed as a
release of or an accord and satisfaction of any claim that the village might
have for further or additional sums payable under the terms of this chapter
or for the performance of any other obligation of a franchised MCS provider
hereunder.
L.
Except as otherwise provided by law, payments of compensation
made by a franchised MCS provider to the village pursuant to the provisions
of this chapter shall be considered in addition to and not exclusive of, any
and all authorized taxes, business license fees, other fees, other levies
and assessments presently in effect or subsequently adopted.
M.
A franchise fee does not include any items excluded by
Section 622(g)(2)(d) of the Cable Act [codified at 47 U.S.C. § 542(g)(2)(d)].
N.
Nothing in this section shall be construed to limit the
authority of the Board/franchising authority to impose a tax, fee or other
assessment of any kind on any person (other than a franchised MCS provider)
with respect to multichannel service or other programming or communications
service provided by such person over a multichannel system for which charges
are assessed to subscribers but not received by a franchised MCS provider.
For purposes of illustration only, this subsection shall include the situation(s)
where a premium service directly bills a subscriber or the franchised MCS
provider acts as collection agent for a premium service billing directly to
a subscriber or where a person leases a channel for commercial use and sells
advertising or goods on that channel and receives the money directly or through
a third party.
O.
For any twelve-month period, the fees paid by any person subject to Subsection N of this section who provides any such multichannel service shall not exceed 5% of such person's gross revenue or such higher percentage as may be authorized by the FCC, Congress or other governmental entity, derived in such period from the provision of such service over the multichannel system within the village.
P.
If at any time the highest court of the nation or the
highest court of the state invalidates, voids or rules as unconstitutional
the concept of franchise fees, the Board/franchising authority may impose
an alternative user charge on the franchised MCS provider in the manner set
forth in this chapter and not inconsistent with the terms of an applicable
franchise agreement or the lawful rights of the franchisee.
Q.
In light of Subsection P of this section, the franchise agreement may contain express language which permits a different method or manner for collection of franchise fees should the applicable provision of the franchise agreement be ruled unconstitutional or unenforceable, so that the village's source of revenue and compensation for the use of the public right-of-way may be protected.
A.
There shall be no assignment of a franchised MCS provider's
franchise by the MCS provider without prior written approval by the Board/franchising
authority. Any substantial change in the ownership or control of the MCS provider
or a parent company or corporation shall constitute an assignment of the franchise
requiring such prior approval.
B.
Any assignment or transfer without such prior written
consent shall constitute a default of such franchise.
C.
In the event of such a default, the Board/franchising
authority shall proceed according to this chapter and any applicable state
law (including any applicable rules or regulations of the NYSCCT).
D.
At least 120 days before such a proposed assignment of
an MCS provider's franchise is scheduled to become effective, such franchised
MCS provider shall petition in writing for the Board/franchising authority's
written consent for such assignment.
E.
The Board/franchising authority shall not unreasonably
withhold its consent to such an assignment, nor disclose confidential or proprietary
information considered in connection with such a petition. However, in making
such a determination, the Board/franchising authority may consider all relevant
facts, including the following:
(1)
Experience of the proposed assignee, transferee or buyer;
(2)
Qualifications of the proposed assignee, transferee or
buyer;
(3)
The legal integrity of the proposed assignee, transferee
or buyer;
(4)
The financial ability and stability of the proposed assignee,
transferee or buyer, both before and after the proposed assignment;
(5)
If requested by the Board/franchising authority, submissions
from the proposed assignee, transferee or buyer, as to what, if any, changes
it intends to make in the operation and maintenance of the multichannel system;
(6)
The corporate connection, if any, between the franchised
MCS provider and the proposed assignee, transferee or buyer;
(7)
The economic viability or non-viability of the multichannel
system that may result from the proposed assignment in the future, based upon
certain factors, including the impact of the purchase price on the village
and/or the proposed assignee, transferee or buyer;
(8)
Any claimed benefits which may accrue from the assignment;
and
(9)
Any other legitimate aspect of the proposed assignee's,
transferee's or buyer's background which could affect the health, safety and
welfare of the citizenry of the village as it relates to the operation of
the multichannel system.
F.
A copy of the completed sales agreement or a functionally
equivalent instrument, between the franchised MCS provider and the proposed
assignee, transferee or buyer shall be provided to the Board/franchising authority,
so that the Board/franchising authority may discover any assumption of obligations
by the franchised MCS provider and the proposed assignee, transferee or buyer
with respect to the multichannel system. In lieu of the sales agreement, the
Board/franchising authority may accept an attested summary of obligations
assumed by the above-referenced parties. The village may request any additional
information that is not prohibited by law.
G.
Before an assignment is approved by the Board/franchising
authority, the proposed assignee, transferee or buyer shall execute an affidavit,
acknowledging that it has read, understood and will comply with both this
chapter and the applicable franchise agreement.
H.
In the event of any approved assignment, the assignee, transferee or buyer shall assume all obligations and liabilities of the former franchised MCS provider, except as noted in Subsection I. Any consent by the village if granted may be absolute or conditional, e.g., with respect to assumption or non-assumption of liability, including but not limited to assumption of all obligations of the franchise and all monies owed the village.
I.
An assignment shall not relieve the former franchised
MCS provider of its financial liabilities and obligations to the village under
the franchise agreement unless specifically relieved by federal or state law
(including any applicable NYSCCT rules and regulations) or unless specifically
relieved by the Board/franchising authority (or, where applicable, the NYSCCT)
at the time an assignment is approved.
A.
Except as provided herein, an MCS provider may hypothecate
its multichannel system without prior, formal approval of the Board/franchising
authority. However, in those instances where an MCS provider allows the hypothecation
to exceed 25% of the fair market value of the multichannel system (including
equipment and facilities), the Board/franchising authority requires that the
MCS provider receive the prior approval of the Board/franchising authority.
B.
In those instances where an MCS provider allows the hypothecation
to exceed 40% of the fair market value of the multichannel system (including
equipment and facilities), the MCS provider shall submit (along with its petition
for approval) a plan detailing where and in what manner or for what purpose
the funds from such hypothecation will be expended.
C.
While the Board/franchising authority may not unreasonably
withhold its consent to such hypothecation, it may nonetheless withhold approval
and consent in those instances where the technical or financial integrity
of the multichannel system would be compromised to such an extent that the
subscribers' ability to receive multichannel services might be jeopardized.
A.
When any event, act or omission (on the part of the franchised
MCS provider) occurs which represents a violation of a material provision
of this chapter or compromises the corporate character or the legal, financial
or technical integrity and/or stability of the multichannel system or the
franchised MCS provider to such a degree that the interests of the subscribers
may be adversely affected, such event, act or omission shall be considered
a major breach of this chapter. Under such circumstances the Board/franchising
authority shall notify the affected MCS provider in writing of the specific
breach and shall direct such franchised MCS provider to comply with all such
provisions of its franchise agreement and this chapter.
B.
For illustrative purposes only, the events, acts and
omissions include, but are not limited to, bankruptcy, insolvency, failure
to pay taxes or franchise fees (including the alternative user charge if applicable),
failure to receive written Board/franchising authority approval for an assignment
or failure to abide by the material terms and conditions of the franchise
agreement or material provisions of this chapter, such as cooperating with
the village in the conduct of a periodic ascertainment of the adequacy of
the MCS provider's record of reasonably meeting identified community needs,
including those involving matters of customer service and consumer protection
needs as expressed by subscribers. For purposes of this section, "material"
means a provision which either affects the ability of the subscriber to receive
multichannel service, affects the ability of the Board/franchising authority
to receive compensation for the use of its right-of-ways, or affects the ability
of the Board/franchising authority to evaluate an MCS provider's performance
in the technical, financial and legal aspects of the multichannel system,
as well as matters involving customer service practices and issues of consumer
protection as determined by the village.
C.
Where a franchised MCS provider satisfactorily corrects
any of the enumerated conditions within 60 days, the enumerated condition
shall not be weighed against such franchised MCS provider in any subsequent
review of franchise performance.
D.
A copy of such notice of material breach shall be mailed
to the surety on the performance bond, unless otherwise directed by state
law (including any applicable rule or regulation of the NYSCCT).
E.
Within 75 days after such written notice is mailed to
a franchised MCS provider, the Board/franchising authority shall conduct a
public hearing on the matter [unless state law (or NYSCCT rule or regulation)
requires a different procedure, in which event the state (or NYSCCT) procedure
shall control].
F.
The Board/franchising authority shall provide written
notice to a franchised MCS provider and to its surety of the time and place
of said public hearing in a manner consistent with either state law or approved
by the Board/franchising authority (including, where necessary, the NYSCCT).
G.
At the time of the hearing the affected franchised MCS
provider may present information on the current status of the alleged breach
of the franchise agreement. If the situation has been resolved or steps are
being taken to resolve the situation, the franchised MCS provider shall present
such information at the hearing.
H.
If the affected franchised MCS provider fails to attend
the hearing and has not requested a continuance of the hearing, such franchised
MCS provider shall be deemed to have waived its right to a further continuation
of the matter and may be declared in default of the franchise agreement.
I.
After the public hearing, the Board/franchising authority
may determine the franchised MCS provider to be in compliance and dismiss
the matter or may determine that the MCS provider has cured any noncompliance
and thereby dismiss the matter. However, the Board/franchising authority may
determine that a local law violation exists and remains uncured. Upon a finding
that the MCS provider has violated an integral local law provision or has
failed to cure an outstanding local law violation, the Board/franchising authority
may direct the affected franchised MCS provider to take corrective action
within a specified period of time or may declare such franchised MCS provider
in default of the franchise agreement and thereafter may revoke, terminate
or cancel the franchise, unless the franchised MCS provider presents sufficient
mitigating circumstances.
J.
If the Board/franchising authority directs corrective
action to take place within a specified time or declares such franchised MCS
provider in default of the franchise agreement, that declaration shall be
reduced to writing and the notice of corrective action or default shall be
mailed to such franchised MCS provider and its surety within 21 days of the
Board/franchising authority's action.
K.
If the Board/franchising authority directs corrective
action to take place within a specified time and if within 60 days the affected
franchised MCS provider or its surety does not take significant action to
rectify the breach or submit a plan detailing how the affected MCS provider
will eliminate the breach, the Board/franchising authority shall revoke such
MCS provider's franchise and shall notify the affected franchised MCS provider
and its surety forthwith, unless there are mitigating circumstances.
L.
The Board/franchising authority reserves the right to
assess any charges incurred (including costs for consultants, witnesses and
hearing preparation) in a default and/or revocation proceeding to the franchised
MCS provider.
The Board/franchising authority is authorized, but not required, to
design a performance evaluation procedure which periodically monitors compliance
of the franchised MCS provider with the terms and conditions of both the franchise
and this chapter. Moreover, the Board/franchising authority may periodically
review and examine whether a franchised MCS provider's financial, technical,
legal and character qualifications and its record of meeting community and
subscriber needs as particularly relate to matters of customer service practices
and consumer protection issues, continue to meet required operational, maintenance
and performance levels in order to ensure the uninterrupted and acceptable
provision of multichannel services. Such performance evaluations may be conducted
every three years during the franchise term and may be done as part of any
annual independent survey that may be required or conducted by the Board/franchising
authority.
A.
In addition to any requirements contained within this
chapter, all MCS providers that are classified as cable operators shall comply
with all applicable provisions of the Cable Act, as amended from time to time.
B.
The specific provisions of the Cable Act include, but
are not limited to, the following:
(1)
Cable channels for public, educational or governmental
use (Section 611 Cable Act — codified at 47 U.S.C. § 531);
(2)
Cable channels for commercial use (Section 612 — codified
at 47 U.S.C. § 532);
(3)
General franchise requirements (Section 621 — codified
at 47 U.S.C. § 541);
(4)
Franchise fees (Section 622 — codified
at 47 U.S.C. § 542);
(5)
Regulation of rates (Section 623 — codified
at 47 U.S.C. § 543);
(6)
Regulation of services, facilities and equipment (Section
624 — codified at 47 U.S.C. § 544);
(7)
Modification of franchise obligations (Section 625 — codified
at 47 U.S.C. § 545);
(8)
Franchise renewal (Section 626 — codified
at 47 U.S.C. § 546);
(9)
Conditions of sale of a franchise (Section 627 — codified
at 47 U.S.C. § 547);
(10)
Subscriber privacy (Section 631 — codified
at 47 U.S.C. § 551); and
(11)
Equal employment opportunity (Section 634 — codified
at 47 U.S.C. § 554).
C.
Before the third anniversary of the effective date of
this chapter, any MCS provider classified as a cable operator and providing
cable service within the village shall design and activate a multichannel
system with a minimum capability of providing 77 full-time video programming
services.
D.
Further, the Board/franchising authority is committed
that the goal of the Cable Act, as set forth in Section 601(4) of the Act
[codified at 47 U.S.C. § 521 (4)], is met at all times. As a result,
the Board/franchising authority expressly requires that upon the advent, implementation
and transmission of high definition television (HDTV), its functional equivalent
or any subsequently developed technological advancement affecting channel
capacity or needed bandwidth for any video programming source or service,
the MCS provider classified as a cable operator shall not lessen, dilute or
decrease the mix, level, quality or quantity of programming services carried
on the multichannel system for reasons of lack of adequate channel capacity,
except to the extent permitted pursuant to the applicable provisions of federal
law.
E.
Notwithstanding the above subsections of this section
and where specifically included or referenced in the Cable Act or by FCC interpretation
of the Cable Act, all MCS providers classified as SMATV operators shall comply
with such included or referenced sections of the Cable Act, as amended from
time to time.
A.
The Board/franchising authority recognizes that under
Section 611 of the Cable Act (codified at 47 U.S.C. § 531) the Board/franchising
authority has certain power with respect to certain aspects of public, educational
or governmental (PEG) use that is provided by MCS providers classified as
cable operators.
B.
To the extent permitted by law and in order to fulfill
the Board/franchising authority's desired goal of a public, educational and
governmental (PEG) access policy that will facilitate the long-range needs
of the village, the Board/franchising authority adopts the following:
(1)
At the time of an initial or renewal application for
an MCS franchise for a cable system, an MCS provider classified as a cable
operator shall provide for the village, at its own expense:
(2)
Both the Board/franchising authority and the franchisee
shall review the use, including the percentage of use, of each PEG channel
every 24 months. If, after any twenty-four-month period, the percentage of
use for any required PEG channel drops below 25% of the total time allocated,
the required number of hours may be reduced to a number that most closely
approximates the average hours of use per day.
(3)
If, at any time, 75% of the total time allocated for
any required PEG channel is consistently used five days a week for a period
of three months, the cable operator shall provide an additional PEG channel.
(4)
A franchisee may be required, pursuant to the provisions
of a negotiated franchise agreement, to provide company owned or financed
mobile, portable,and stationary equipment dedicated for PEG access, together
with technical and production assistance provided by the franchisee. The provisions
of such a franchise agreement, to the extent consistent with applicable federal
law, may also provide that a franchisee shall provide equipment that can store
programs for delayed cable casting; that there shall be no cost for technical
production assistance for Bronxville PEG access users; and that the cost of
maintenance of such PEG access studio and the equipment required to run the
studio and other PEG access facilities shall be borne by franchisee.
(5)
Consistent with applicable provisions of federal law,
the franchisee shall be permitted to use the PEG channel capacity required
by this chapter for the provision of other services if such channel capacity
is not being used for the purposes designated, on condition that such use
by the franchisee shall cease upon 30 days' written notice from the Board/franchising
authority, in the event the Board/franchising authority determines to use
such channel capacity for PEG purposes.
Pursuant to Section 624 of the Cable Act, the Board/franchising authority
recognizes that it should strive to ensure that its citizens receive the widest
and most diverse selection of video programming possible. Consequently, the
Board/franchising authority encourages those MCS providers that maintain a
franchise to include in the provision of video programming the following broad
categories:
A.
Local broadcast stations;
B.
Two distant carriage signals or satellite-fed broadcast
stations;
C.
PEG programming on the lowest offered and/or available
tier;
D.
Sports programming services (regional and/or national);
E.
News, information or public affairs/interest programming
services;
F.
Financial/consumer-oriented programming services;
G.
Scientific and/or cultural programming services;
H.
Children's programming services; and
I.
Ethnically sensitive programming services.
This chapter, as hereby amended, shall take effect immediately.
