225 - Rates.

NY Pub Serv L § 225 (2019) (N/A)
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(a) existing rates have been found discriminatory or preferential and, after reasonable opportunity, the municipality and the cable television company have not provided for new rates which are nondiscriminatory or nonpreferential, as provided in subdivision four of this section;

(b) a cable television company is in violation of an order issued by the commission pursuant to section two hundred twenty-four of this article requiring adequate service and, after reasonable opportunity, the municipality and the cable television company have not provided for new rates reduced to reflect the inadequate service, in which case the commission may require appropriate rate reductions;

(c) having reduced rates pursuant to paragraph (b) of this subdivision, the commission finds that the cable television company has substantially remedied the deficiencies, in which case the commission shall return the rates to those rates stipulated in the franchise;

(d) upon complaint by any interested party and after reasonable opportunity for negotiation between the municipality and the franchise, it finds that rates are not established by or pursuant to the terms of the franchise, in which event, the commission shall fix rates at a level comparable to rates fixed in comparable franchises requiring comparable service for comparable service areas; and

(e) upon request by a municipality and cable television company that the commission prescribe applicable rates, made in such manner as the commission by regulation may prescribe and certifying that they are unable to agree upon rates to include any franchise or renewal thereof, in which event the commission shall fix rates at a level comparable to rates currently being fixed in cable television franchises for comparable service in comparable service areas; provided that if the municipality and the company thereafter agree upon rates, such rates shall become effective. 6. Any cable television company may initiate a civil proceeding within the appropriate courts of this state to collect any rates, charges, or fees duly imposed in accordance with applicable law, or to enjoin the procurement or reception of cable television services from the facilities of such cable television company without its consent, or to enjoin the sale or distribution, to anyone other than the provider of a telecommunications service for its own use in the provision of its service, of any electronic decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by such company to restrict the delivery of its service and to seek appropriate monetary damages for such procurement or reception of cable television services, or the sale or distribution of such equipment. Upon a showing by a cable television company in such a proceeding that such cable television service has been obtained without its consent, or that such equipment has been offered for sale or distribution to anyone other than the provider of a telecommunications service for its own use in the provision of its service, such cable television company shall be granted an injunction prohibiting the continuation of such practices and, upon a showing by such cable television company in such a proceeding that such cable television service has been obtained under circumstances evincing a knowledge that such service would be obtained without payment of the proper charges therefor, or that such equipment has been offered for sale or distribution, such company may be awarded such monetary damages and such punitive award as the court in its discretion shall deem to be just and appropriate for the purposes of this subdivision, (a) every cable television company is deemed to have consented to the attachment to an authorized outlet of its facilities by a cable television service subscriber of such company, of one television receiver which is type-accepted by the federal communications commission; and (b) the phrase "electronic decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming, or individually addressed switching imposed by such company to restrict the delivery of its service" shall not include any television receiver type accepted by the Federal Communications Commission. No person shall sell, offer for sale, or distribute to anyone other than the provider of a telecommunications service for such service provider's own use in the provision of its service any electronic decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by a cable television company to restrict the delivery of its service. The proceeding authorized by this subdivision shall be initiated and conducted pursuant to the provisions of the civil practice law and rules.