N.Y. Public Service Law 211 – Statement of policy
§ 211. Statement of policy. While cable television serves in part as an extension of interstate broadcasting, its operations involve public rights-of-way, municipal franchising, and vital business and community service, and, therefore, are of state concern; while said operations must be subject to state oversight, they also must be protected from undue restraint and regulation so as to assure cable systems with optimum technology and maximum penetration in this state as rapidly as economically and technically feasible; municipalities and the state would benefit from valuable educational and public services through cable television systems; the public and the business community would benefit if served by cable channels sufficient to meet the needs of producers and distributors of program and other communication content services; many municipalities lack the necessary resources and expertise to plan for and secure these benefits and to protect subscribers and other parties to the public interest in franchise negotiations; the cable television industry is in a period of rapid growth and corporate consolidation and should proceed in accord with regional and statewide service objectives; and the cable television industry, notwithstanding its unique attributes, is part of an increasingly integrated communications industry, the soundness of which is essential to the state's economic growth and general welfare.
Terms Used In N.Y. Public Service Law 211
- Franchise: shall mean and include any authorization granted by a municipality in terms of a franchise, privilege, permit, license or other municipal authorization to construct, operate, maintain, or manage a cable television system in any municipality. See N.Y. Public Service Law 212
- Oversight: Committee review of the activities of a Federal agency or program.
- Program: shall mean any broadcast type program, signal, message, graphics, data, or communication content service. See N.Y. Public Service Law 212
- State agency: shall mean any office, department, board, commission, bureau, division, public corporation, agency or instrumentality of the state. See N.Y. Public Service Law 212
There is, therefore, a need for a state agency to determine state communications policy; to ensure that cable television companies provide adequate, economical and efficient service to their subscribers, the municipalities within which they are franchised and other parties to the public interest; to oversee the development of a cable television industry responsive to community and public interest, consonant with federal regulations and statutes; and to oversee the development of the communications industry as a whole and to encourage the endeavors of public and private institutions, municipalities, associations and organizations in developing programming for the public interest.
The public service commission is the agency best suited to oversee development of the cable television industry in this state in accordance with a statewide service plan and consistent with state communications policy generally; to review the suitability of practices for franchising cable television companies to protect the public interest; to set standards for cable television systems and franchise practices; to assure channel availability for municipal services, educational television, program diversity, local expression and other program and communications content services; to provide consultant services to community organizations and municipalities and franchise negotiations; and, to stimulate the development of diverse instructional, educational, community interest and public affairs programming with full access thereto by cable television companies, educational broadcasters and public and private institutions operating closed circuit television systems and instructional television fixed services.