Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 1-25-1994 by L.L. No. 1-1994; amended in its entirety 7-10-2007 by L.L. No. 8-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Cable Television Commission rules and regulations — See Ch. A275.
This chapter may be known and cited as the "Cable Television Local Law for the Village of Scarsdale, New York."
This chapter shall be construed in accordance with and be subject to the applicable laws and regulations of the United States and New York State governing the operation of cable television systems.
The purposes of this chapter are to:
A. 
Establish a local policy concerning cable television.
B. 
Establish a framework for 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 Village residents, businesses and others located within the Village.
C. 
Establish an administrative body, the Cable Television Commission, responsible for the establishment and implementation of local policy with respect to the regulation of cable television through the promulgation of regulations and the administration of franchise agreements.
D. 
Establish a local policy to assure/cause cable television systems to provide services and a diversity of information, news and entertainment program sources and services to residents, businesses and others located within the Village under fair, economic and nondiscriminatory terms and conditions.
E. 
Encourage the establishment of competitive cable television systems so as to provide residents, businesses and others located within the Village with access to a choice of cable television program sources and services.
F. 
Establish by action of the commission procedures for the regulation of cable television services and the orderly negotiation, review and consideration of cable television franchise proposals and service; to provide continuing oversight of the operation of cable systems and the use of enforcement procedures, so as to assure that the franchisees comply fully and in all respects with franchise obligations and other requirements, including but not limited to minimum service, the terms and conditions of this chapter and any and all rules and regulations promulgated hereunder.
For purpose of this chapter, the following terms shall have the meanings indicated:
AFFILIATE
When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.
BASIC CABLE SERVICE
Any group of channels or services tier which includes the retransmission of television broadcast signals which can be received via over-the-air reception within the Village.
CABLE CHANNEL OR CHANNELS
A portion of the electromagnetic frequency spectrum which is used in a cable system for the delivery of program sources and which is capable of delivery by a television broadcast or satellite or microwave delivered signal.
CABLE OPERATOR
Any person or group of persons who provides cable services over a cable system either directly or indirectly or in conjunction with any affiliate through the facilities of a communications common carrier regulated by the FCC or the New York State Public Service Commission or any successor thereto, or who otherwise controls or is responsible for, through any arrangement, the management and operation of any such cable system.
CABLE SERVICE
Shall be defined as it is defined under § 602 of the Communications Act, 47 U.S.C. 522(6), as amended.
CABLE SYSTEM
Shall be defined as it is defined under § 602 of the Communications Act, 47 U.S.C. 522(7), as amended
COMMISSION
The Cable Television Commission appointed pursuant to § 275-5.
FCC
The Federal Communications Commission, an independent regulatory agency of the United States government.
FRANCHISE
An initial authorization or renewal thereof issued by the Village which authorizes the construction and/or operation of a cable system or cable service.
The Scarsdale Village Board of Trustees shall appoint a Cable Television Commission (hereinafter "Commission") consisting of nine members and shall designate a Chairperson thereof. In the absence of a Chairperson, the Commission may designate a member to serve as acting Chairperson. The appointment of Commission members by the Board of Trustees shall be of terms so fixed that one member's term shall expire at the end of the Village official year in which such members were initially appointed. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each Village official year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed by the Board of Trustees for a term of five years. Members must be residents of the Village of Scarsdale. In meeting its obligations under this chapter, the Commission may obtain the aid of knowledgeable residents, and the Board of Trustees may engage experts or consultants or create subsidiary bodies to aid the Commission in the administration of this chapter and any franchise agreements entered into with the Village. The Commission shall have the following duties and responsibilities:
A. 
Assist and advise the Village Board in developing telecommunications policy.
B. 
Recommend regulatory standards and promulgate regulations as provided in § 275-6.
C. 
Administer local cable franchises and compliance with all applicable federal, state and local regulatory laws.
D. 
Review and analyze information needed for the administration of franchises and local regulatory requirements.
E. 
Review and analyze rates and advise the Village Board regarding compliance with rate regulations.
F. 
Serve as ombudsman for subscribers with unresolved complaints.
G. 
Review and analyze accuracy of franchise fee payments and other moneys paid to the Village.
H. 
Conduct performance and compliance reviews of the cable operators and make recommendations regarding any findings to the Village Board.
I. 
Consult with Village Administration and franchisee regarding programming and use of public access channels as set forth in the franchise agreement.
The Commission shall have the power and duty to promulgate rules and regulations to carry into effect the purpose of this chapter and to regulate the operations of cable television operators in the Village. Such rules and regulations shall be promulgated after a public hearing and will not take effect until adopted by the Board of Trustees. Rules and regulations, properly promulgated and adopted, shall have the force and effect of law provided that they are not inconsistent with state and federal law. The Commission shall seek enforcement of its rules and regulations.
The Commission shall negotiate franchise agreements with all cable operators who desire to supply cable service to residents, businesses and others located within the Village. Such negotiated agreements shall be presented for action to the Village Board of Trustees with the report and recommendation of the Commission. In addition to the inclusion in the franchise agreement of the minimum franchise requirements mandated under all applicable federal, state and local laws, and relevant regulations promulgated thereunder, the Commission shall seek the inclusion of such additional benefits for the Village and its residents, businesses and others within the Village as have been accorded in any other franchise agreements entered into by the cable operator (or any affiliate thereof) in any other comparable jurisdiction within the United States.
The Commission shall negotiate and include in each franchise agreement with any cable operator supplying cable service to residents, businesses and others located within the Village, appropriate provisions to protect the interests of individual Village residents, businesses and others located within the Village as consumers. In addition to the inclusion in the franchise agreement of the consumer protection requirements mandated under all applicable federal, state and local laws and relevant regulations promulgated thereunder, the Commission shall seek the inclusion of such additional benefits for the Village and its residents, businesses and others located within the Village as have been accorded in any other franchise agreements entered into by the cable operator (or any affiliate thereof) in any other comparable jurisdiction within the United States.
The Commission shall negotiate and include in each franchise agreement with any cable operator supplying basic cable service and cable service to residents, businesses and others located within the Village appropriate provisions defining the scope and general type of program services to be supplied pursuant to such franchise agreements. In addition to the inclusion in the franchise agreement of the basic cable service and cable service requirements mandated under all federal, state and local laws, and relevant regulations promulgated there under, the Commission shall seek the inclusion of such additional benefits for the Village and its residents, businesses and others located within the Village as have been accorded in any other franchise agreements entered into by the cable operator (or any affiliate thereof) in any other comparable jurisdiction within the United States.
The Commission shall negotiate and include in each franchise agreement with any cable operator supplying cable services to residents, businesses and others located within the Village appropriate provisions with regard to the use of private and public property for the construction and operation of cable systems. In addition to the inclusion in the franchise agreement of requirements for the use of public and private property mandated under all applicable federal, state and local laws and relevant regulations promulgated thereunder, the Commission shall seek the inclusion of such additional benefits for the Village and its residents, businesses and others located within the Village as have been accorded in any other jurisdiction in any other franchise agreement entered into by the cable operator (or any affiliate thereof) in any other comparable jurisdiction within the United States.