§ 211 — Statement of policy

New York § 211

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 11: Provisions Relating to Cable Television Companies

Text

§ 211. Statement of policy. While cable television serves in part as\nan extension of interstate broadcasting, its operations involve public\nrights-of-way, municipal franchising, and vital business and community\nservice, and, therefore, are of state concern; while said operations\nmust be subject to state oversight, they also must be protected from\nundue restraint and regulation so as to assure cable systems with\noptimum technology and maximum penetration in this state as rapidly as\neconomically and technically feasible; municipalities and the state\nwould benefit from valuable educational and public services through\ncable television systems; the public and the business community would\nbenefit if served by cable channels sufficient to meet the needs of\nproducers and distributors of program and other communication content\nservices; many municipalities lack the necessary resources and expertise\nto plan for and secure these benefits and to protect subscribers and\nother parties to the public interest in franchise negotiations; the\ncable television industry is in a period of rapid growth and corporate\nconsolidation and should proceed in accord with regional and statewide\nservice objectives; and the cable television industry, notwithstanding\nits unique attributes, is part of an increasingly integrated\ncommunications industry, the soundness of which is essential to the\nstate's economic growth and general welfare.\n There is, therefore, a need for a state agency to determine state\ncommunications policy; to ensure that cable television companies provide\nadequate, economical and efficient service to their subscribers, the\nmunicipalities within which they are franchised and other parties to the\npublic interest; to oversee the development of a cable television\nindustry responsive to community and public interest, consonant with\nfederal regulations and statutes; and to oversee the development of the\ncommunications industry as a whole and to encourage the endeavors of\npublic and private institutions, municipalities, associations and\norganizations in developing programming for the public interest.\n The public service commission is the agency best suited to oversee\ndevelopment of the cable television industry in this state in accordance\nwith a statewide service plan and consistent with state communications\npolicy generally; to review the suitability of practices for franchising\ncable television companies to protect the public interest; to set\nstandards for cable television systems and franchise practices; to\nassure channel availability for municipal services, educational\ntelevision, program diversity, local expression and other program and\ncommunications content services; to provide consultant services to\ncommunity organizations and municipalities and franchise negotiations;\nand, to stimulate the development of diverse instructional, educational,\ncommunity interest and public affairs programming with full access\nthereto by cable television companies, educational broadcasters and\npublic and private institutions operating closed circuit television\nsystems and instructional television fixed services.\n