Title PBS, Public Service

§ 18-c. Refunds by the commission. Whenever it appears that any\nperson, firm, corporation or municipal corporation, has paid to the\ncommission fees or other charges in excess of the amount legally\nchargeable against such person, firm, corporation or municipal\ncorporation, th…

§ 19. Attendance of witnesses and their fees. 1. The commission shall\nhave power to issue subpoenas and subpoena duces tecum. All subpoenas\nshall be signed and issued by a commissioner, by an officer or employee\nof the commission specially authorized to conduct an investigati…

§ 2. Definitions. 1. The term "department" when used in this chapter,\nmeans the department of public service, and the term "commission," means\nthe public service commission.\n 2. The term "commissioner," when used in this chapter, means one of\nthe members of the public servic…

§ 20. Practice before the commission; immunity of witnesses. 1. All\nhearings before the commission or a commissioner, or an officer or\nemployee specially authorized to conduct an investigation or hearing,\nshall be governed by rules to be adopted and prescribed by the\ncommiss…

§ 21. Court proceedings; preferences. All actions and proceedings\nunder this chapter, and all actions and proceedings commenced or\nprosecuted by order of the commission, and all actions and proceedings\nto which the commission or the people of the state of New York may be\npar…

§ 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 operati…

§ 212. Definitions. The words and phrases used in this article shall\nhave the following meanings unless a different meaning clearly appears\nin the context.\n 1. "Cable television company," shall mean any person owning,\ncontrolling, operating, managing or leasing one or more c…

§ 213. Application of article. 1. Except as provided in subdivision\ntwo of this section, the provisions of this article shall apply to every\ncable television system and every cable television company including a\ncable television company which constructs, operates and maintain…

§ 215. Duties of the commission in respect to cable television\ncompanies. The commission shall:\n 1. Develop and maintain a statewide plan for development of cable\ntelevision services, setting forth the objectives which the commission\ndeems to be of regional and state concern…

§ 216. Powers of the commission in respect to cable television\ncompanies. 1. The commission may promulgate, issue, amend and rescind\nsuch orders, rules and regulations as it may find necessary or\nappropriate to carry out the purposes of this article. Such orders,\nrules and r…

§ 217. Costs and expenses of the commission and department and\nassessment thereof related to the regulation of cable television\ncompanies. 1. All costs and expenses of the department and commission\nrelated to cable television companies shall be paid pursuant to\nappropriation…

§ 218. Municipal fees; taxes or charges. Nothing in this article shall\nbe construed to limit the power of any municipality to impose upon any\ncable television company, a fee, tax or charge, provided that any such\nfee, tax or charge when added to the amount payable to the comm…

§ 219. Franchise requirement. 1. Notwithstanding any other law, no\ncable television system, whether or not it is deemed to occupy or use a\npublic thoroughfare, may commence operations or expand the area it\nserves unless it has been franchised by each municipality in which it\…

§ 22. Rehearing before commission. After an order has been made by\nthe commission any corporation or person interested therein shall have\nthe right to apply for a rehearing in respect to any matter determined\ntherein, but any such application must be made within thirty days a…

§ 220. Construction of systems. Every cable television system\nconstructed after April first, nineteen hundred seventy-three shall\ncomply with such construction standards as the commission may prescribe\npursuant to subdivision two of section two hundred fifteen.\n

§ 221. Certificate of confirmation. 1. Except as provided in this\nsection, no person shall exercise a franchise, and no such franchise\nshall be effective, until the commission has confirmed such franchise. A\nperson wishing to exercise a franchise shall file with the commissio…

§ 222. Transfer, renewal or amendment of franchises and transfer of\ncontrol over franchises and system properties. 1. No transfer, renewal\nor amendment of any franchise, or any transfer of control of a franchise\nor certificate of confirmation or of facilities constituting a\n…

§ 223. Interconnection and system coordination. Whenever the\ncommission finds it to be in the public interest, the commission may,\neither upon application of an interested party or on its own initiative,\nand after public notice and opportunity for hearing, order the\nintercon…

§ 224. Requirement for adequate service. 1. Every cable television\ncompany shall provide safe, adequate and reliable service in accordance\nwith applicable laws, regulations, and franchise requirements.\n 2. Whenever, upon complaint or upon its own motion, and after public\nnot…

§ 224-a. Consumer protection. 1. Notification of commission. Every\ncable television company shall notify the commission of any network\nchange or significant programming change no later than the later\noccurring of forty-five days prior to the network change or significant\npro…

§ 224-b. Cable bills. 1. At the time service is initiated to a\nresidential customer and at least once a year thereafter, every\ntelephone corporation, as defined in subdivision seventeen of section\ntwo of this chapter, and every cable television company, as defined in\nsection…

§ 224-c. Broadband and fiber optic services. 1. For the purposes of\nthis section:\n (a) The term "served" means any location with at least two internet\nservice providers and at least one such provider offers high-speed\ninternet service.\n (b) The term "underserved" means any …

§ 225. Rates. 1. Except as otherwise provided in this section, and by\nfederal law and regulation, the rates charged by a cable television\ncompany shall be those specified in the franchise which may establish,\nor provide for the establishment of reasonable classifications of\n…

§ 226. Abandonment of service. 1. No cable television company,\nnotwithstanding any provision in a franchise, may abandon any service or\nportion thereof without giving six months' prior written notice to the\ncommission and to the franchisor, if any, and to the municipalities i…

§ 227. Termination of franchises. 1. A franchise shall terminate at\nthe expiration of its term or otherwise in accordance with the\nprovisions thereof, unless, prior thereto, the commission otherwise\norders. The commission may so order only if it finds, after public\nnotice an…

§ 227-a. Forfeiture. 1. Every cable television company, and all\nofficers, agents and employees of any cable television company shall\nobey, observe and comply with every order, direction or requirement made\nby the commission, under authority of this article, so long as the sam…

§ 228. Landlord-tenant relationship. 1. No landlord shall (a)\ninterfere with the installation of cable television facilities upon his\nproperty or premises, except that a landlord may require:\n (1) that the installation of cable television facilities conform to\nsuch reasonabl…

§ 229. Censorship prohibited. 1. The commission may not prohibit or\nlimit any program or any class or type of program or otherwise censor\nthe communications or signals transmitted by any cable television\ncompany or over any cable television system, and may not promulgate any\…

§ 229-a. Subscriber limitation on television reception. 1. To the\nextent technologically feasible, every cable television company shall\noffer to each of its subscribers a locking program control device which\nenables the subscriber to limit the reception in the subscriber's\nr…

§ 23. Service and effect of orders; stay. 1. Every order of the\ncommission shall be served upon every person or corporation to be\naffected thereby by electronic service in a manner and format provided\nfor in regulations established by the commission or alternatively, if\nnon-…

§ 230. Liability for obscenity, defamation and invasion of privacy.\nNeither the cable television company whose facilities are used to\ntransmit a program produced by a person other than such cable television\ncompany pursuant to the provisions of this article or of federal law …

§ 24. Action to recover penalties or forfeitures. An action to\nrecover a penalty or a forfeiture under this chapter or to enforce the\npowers of the commission may be brought in any court of competent\njurisdiction in this state in the name of the people of the state of New\nYo…

§ 24-a. Notice to be given to department of state prior to rate\nincrease.\n 1. Notwithstanding any inconsistent general, special or local law or\nrule or regulation to the contrary, the commission shall to the extent\nthe department shall so request in any cases or class of cas…

§ 24-b. Notice to be given Long Island power authority prior to rate\nincrease. 1. Notwithstanding any inconsistent general, special or local\nlaw or rule or regulation to the contrary, the commission shall to the\nextent the Long Island power authority shall so request in any c…

§ 25. Penalties. 1. Every public utility company, corporation or\nperson and the officers, agents and employees thereof shall obey and\ncomply with every provision of this chapter and every order or\nregulation adopted under authority of this chapter so long as the same\nshall b…

§ 25-a. Combination gas and electric corporations; administrative\nsanctions; recovery of penalties. Notwithstanding sections twenty-four\nand twenty-five of this article: 1. Every combination gas and electric\ncorporation and the officers thereof shall adhere to every provision…

§ 26. Enforcement proceedings. Whenever the commission shall be of the\nopinion that a public utility company, corporation or person and the\nofficers, agents or employees thereof is failing or omitting or is about\nto fail or omit to do anything required of it by any provision …

§ 27. Public availability of certain competitive requests for\nproposals. Any competitive requests for proposals relating to the\ngeneration of electricity, initiated as part of a proceeding before the\ncommission and issued by any electric corporation having a retail\nfranchise…

§ 3. Department of public service. There shall be in the state\ngovernment a department of public service. The chairman of the public\nservice commission shall be the chief executive officer of the\ndepartment. He or she shall appoint and shall have the power to remove,\nsubject…

§ 3-a. Transfer of lands. Notwithstanding any other provision of law,\nany land, property, right, easement or fee under the jurisdiction of the\ncommission acquired in the name of the people of the state of New York\nfor the purpose of the construction, maintenance or developmen…

§ 3-b. Long Island office of the department. 1. There is hereby\nestablished in the department an office to review and make\nrecommendations with respect to the operations and terms and conditions\nof service of, and rates and budgets established by, the Long Island\npower autho…

* § 3-c. Office of renewable energy siting and electric transmission.\n1. Definitions. For the purposes of this section, the following terms\nshall have the following meanings:\n (a) "Executive director" or "director" shall mean the executive\ndirector of the office of renewable…

§ 30. Residential gas, electric and steam service policy. This article\nshall apply to the provision of all or any part of the gas, electric or\nsteam service provided to any residential customer by any gas, electric\nor steam and municipalities corporation or municipality. It i…

§ 31. Applications for service. 1. Every gas corporation, electric\ncorporation or municipality shall provide residential service upon the\noral or written request of an applicant, provided that the commission\nmay require that requests for service be in writing under circumstan…

§ 31-a. Use of preferred name and pronouns. 1. Every utility\ncorporation or municipality shall provide applicants for residential\nservice and residential customers with a convenient option to request\nthat the utility corporation or municipality use their preferred name\nand/o…

§ 32. Termination of service. 1. Generally. Any termination of\nresidential utility service by utility corporations or municipalities\nshall be in accordance with all relevant provisions of this article.\n 2. Utility service may be terminated, except as otherwise provided in\nth…

§ 33. Discontinuance of residential utility service to multiple\ndwellings. 1. Notwithstanding any other provisions of law, no public\nutility company or municipality shall discontinue gas, electric or steam\nservice to an entire multiple dwelling (as defined in the multiple\ndw…

§ 34. Discontinuance of utility service in two family dwellings. 1.\nNotwithstanding any other provision of law, no utility corporation or\nmunicipality shall terminate gas or electric service to a two family\ndwelling that it knows contains units where service is not metered\ns…

§ 35. Reconnection of service. 1. The commission shall by regulation\nestablish reasonable conditions under which an electric or gas\ncorporation or municipality shall be required to take all actions within\nsuch corporation or municipality's control and, where applicable,\ncons…

§ 36. Residential service deposits. 1. On and after January first,\nnineteen hundred eighty-two, no utility corporation or municipality\nshall require any new residential customer, other than a seasonal or\nshort term customer, to post a security deposit as a condition of\nrecei…