[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:
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.
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.
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.
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.
Shall be defined as it is defined under § 602 of
the Communications Act, 47 U.S.C. 522(6), as amended.
Shall be defined as it is defined under § 602 of
the Communications Act, 47 U.S.C. 522(7), as amended
The Cable Television Commission appointed pursuant to § 275-5.
The Federal Communications Commission, an independent regulatory
agency of the United States government.
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.
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.
