S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4783
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  the  public  service law, in relation to authorizing
   statewide cable franchises  for  the  purposes  of  competitive  cable
   service, promoting the wide-spread development of high-capacity broad-
   band  internet  access, and increasing the availability and quality of
   services in this key economic development area and ensuring the  safe-
   ty, reliability and affordability of telecommunications services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  article
 11-A to read as follows:
                               ARTICLE 11-A
                STATEWIDE CABLE FRANCHISING AND REGULATION
 SECTION 231. DEFINITIONS.
         232. AUTHORIZATION TO PROVIDE CABLE SERVICE.
         233. PUBLIC SERVICE COMMISSION RESPONSIBILITIES.
         234. APPLICATION FOR STATEWIDE CABLE FRANCHISE.
         235. LENGTH OF STATEWIDE FRANCHISE.
         236. TERMINATION OF A STATEWIDE FRANCHISE.
         237. ABANDONMENT OF SERVICE.
         238. MUNICIPAL POWER AND REGULATION OVER FRANCHISE HOLDERS.
         239. PAYMENT AND REMITTANCE OF FRANCHISE FEE.
         240. PUBLIC, EDUCATIONAL AND GOVERNMENT CHANNELS.
         241. CABLE OPERATOR'S COMMUNITY COMMITMENT.
         242. CONSUMER PROTECTION RULES.
         243. NEUTRAL INTERNET AND BROADBAND NETWORKS.
         244. DEPLOYMENT REQUIREMENTS FOR STATEWIDE CABLE FRANCHISE.
         245. DISCRIMINATION IN THE PROVISIONING OF SERVICE PROHIBITED.
         246. ENFORCEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07583-01-7
              

 A. 4783                             2
 
   §  231.  DEFINITIONS. THE WORDS AND PHRASES USED IN THIS ARTICLE SHALL
 HAVE THE FOLLOWING MEANINGS UNLESS A DIFFERENT MEANING  CLEARLY  APPEARS
 IN THE CONTEXT.
   1.  "CABLE SERVICE" SHALL MEAN THE ONE-WAY TRANSMISSION TO SUBSCRIBERS
 OF VIDEO PROGRAMMING;  OR  OTHER  PROGRAMMING  SERVICE,  AND  SUBSCRIBER
 INTERACTION,  IF ANY, WHICH IS REQUIRED FOR THE SELECTION OR USE OF SUCH
 VIDEO PROGRAMMING OR OTHER PROGRAMMING SERVICE, REGARDLESS OF THE  TECH-
 NOLOGY  UTILIZED  BY A CABLE TELEVISION COMPANY TO ENABLE SUCH SELECTION
 OR USE.
   2. "CABLE OPERATOR" SHALL MEAN ANY PERSON OR GROUP OF PERSONS (A)  WHO
 PROVIDES  CABLE  SERVICE OVER A CABLE SYSTEM AND DIRECTLY OR THROUGH ONE
 OR MORE AFFILIATES OWNS A SIGNIFICANT INTEREST IN SUCH CABLE SYSTEM,  OR
 (B)  WHO  OTHERWISE CONTROLS OR IS RESPONSIBLE FOR, THROUGH ANY ARRANGE-
 MENT, THE MANAGEMENT AND OPERATION OF SUCH A CABLE SYSTEM, AS SET  FORTH
 IN 47 U.S.C. § 522(5).
   3.  "CABLE  SYSTEM"  SHALL  MEAN  ANY FACILITY, CONSISTING OF A SET OF
 CLOSED TRANSMISSION PATHS AND ASSOCIATED  SIGNAL  GENERATION,  RECEPTION
 AND  CONTROL  EQUIPMENT  THAT IS DESIGNED TO PROVIDE CABLE SERVICE WHICH
 INCLUDES VIDEO PROGRAMMING, WITHOUT REGARD TO  THE  TECHNOLOGY  USED  TO
 DELIVER  SUCH  VIDEO PROGRAMMING, INCLUDING INTERNET PROTOCOL TECHNOLOGY
 OR ANY SUCCESSOR TECHNOLOGY AND WHICH IS PROVIDED TO MULTIPLE  SUBSCRIB-
 ERS  WITHIN  A  COMMUNITY, AS SET FORTH IN 47 U.S.C.  § 522(7), BUT SUCH
 TERM DOES NOT INCLUDE:
   (A) A FACILITY THAT SERVES ONLY TO RETRANSMIT THE  TELEVISION  SIGNALS
 OF ONE OR MORE TELEVISION BROADCAST STATIONS;
   (B) A FACILITY THAT SERVES SUBSCRIBERS WITHOUT USING ANY PUBLIC RIGHT-
 OF-WAY;
   (C)  A  FACILITY  OF A COMMON CARRIER WHICH IS SUBJECT, IN WHOLE OR IN
 PART, TO THE PROVISIONS OF TITLE II OF THE COMMUNICATIONS ACT  OF  1934,
 47 U.S.C. § 201 ET SEQ., EXCEPT THAT SUCH FACILITY SHALL BE CONSIDERED A
 CABLE  SYSTEM  (OTHER  THAN  FOR  PURPOSES OF 47 U.S.C. § 541(C)) TO THE
 EXTENT SUCH FACILITY IS USED IN THE TRANSMISSION  OF  VIDEO  PROGRAMMING
 DIRECTLY  TO  SUBSCRIBERS,  UNLESS  THE  EXTENT OF SUCH USE IS SOLELY TO
 PROVIDE INTERACTIVE ON-DEMAND SERVICES;
   (D) AN OPEN VIDEO SYSTEM THAT COMPLIES WITH 47 U.S.C. § 573; OR
   (E) ANY FACILITIES OF ANY ELECTRIC UTILITY USED SOLELY  FOR  OPERATING
 ITS ELECTRIC UTILITY SYSTEM.
   4.  "CATV  COMPANY"  SHALL MEAN ANY PERSON OR GROUP OF PERSONS (A) WHO
 PROVIDES CABLE SERVICE OVER A CABLE SYSTEM AND DIRECTLY OR  THROUGH  ONE
 OR  MORE AFFILIATES OWNS A SIGNIFICANT INTEREST IN SUCH CABLE SYSTEM, OR
 (B) WHO OTHERWISE CONTROLS OR IS RESPONSIBLE FOR, THROUGH  ANY  ARRANGE-
 MENT, THE MANAGEMENT AND OPERATION OF SUCH A CABLE SYSTEM.
   5.  "CATV SYSTEM" SHALL MEAN ANY FACILITY WHICH RECEIVES AND AMPLIFIES
 THE SIGNALS BROADCAST BY ONE OR MORE TELEVISION STATIONS AND  REDISTRIB-
 UTES  SUCH  SIGNALS  BY WIRE, CABLE OR OTHER MEANS, OR WHICH DISTRIBUTES
 SIGNALS IT ORIGINATES OR WHICH ARE ORIGINATED BY ANOTHER FOR VIEWING  BY
 SUBSCRIBERS,  WHETHER  THE  WIRE, CABLE OR OTHER FACILITIES ARE OWNED OR
 LEASED. A "CATV SYSTEM" SHALL NOT INCLUDE:
   (A) THE POLES OR OTHER FACILITIES OF ANY TELEPHONE CORPORATION USED TO
 PROVIDE CHANNEL SERVICE AS A COMMON CARRIER,
   (B) A SYSTEM SERVING NOT MORE THAN TWO HUNDRED FIFTY SUBSCRIBERS, OR
   (C) A MASTER ANTENNA SYSTEM SERVICING SUBSCRIBERS SITUATED ON PROPERTY
 UNDER COMMON OWNERSHIP.
   6. "COMMISSION" SHALL  MEAN  THE  PUBLIC  SERVICE  COMMISSION  OR  ANY
 SUCCESSOR AGENCY.

 A. 4783                             3
 
   7.  "FRANCHISE"  SHALL MEAN AN INITIAL AUTHORIZATION, OR RENEWAL OF AN
 AUTHORIZATION, ISSUED BY A FRANCHISING AUTHORITY, REGARDLESS OF  WHETHER
 THE  AUTHORIZATION IS DESIGNATED AS A FRANCHISE, PERMIT, LICENSE, RESOL-
 UTION, CONTRACT, CERTIFICATE, AGREEMENT, OR OTHERWISE,  THAT  AUTHORIZES
 THE  CONSTRUCTION  AND OPERATION OF A CABLE SYSTEM IN THE PUBLIC RIGHTS-
 OF-WAY.
   8. "FRANCHISE HOLDER" OR "HOLDER" SHALL MEAN A PERSON WHO HAS RECEIVED
 A STATE-WIDE FRANCHISE, BUT HAS NOT TRANSFERRED OR TERMINATED SUCH FRAN-
 CHISE AUTHORIZATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   9. "FRANCHISING AUTHORITY" SHALL MEAN THE  PUBLIC  SERVICE  COMMISSION
 AND  MUNICIPALITIES  WHICH ARE ENTITLED TO REQUIRE FRANCHISES AND IMPOSE
 FEES IN ACCORDANCE WITH 47 U.S.C. §§ 522(10) AND 542, RESPECTIVELY.
   10. "GROSS REVENUES" SHALL MEAN ANY AND ALL REVENUES, INCLUDING  CASH,
 CREDITS,  PROPERTY  OR OTHER CONSIDERATION OF ANY KIND OR NATURE ARISING
 FROM, ATTRIBUTABLE TO, OR IN ANY WAY DERIVED DIRECTLY OR INDIRECTLY FROM
 THE OPERATION OF THE FRANCHISEE'S CABLE SYSTEM  (INCLUDING  THE  STUDIOS
 AND  OTHER  FACILITIES  ASSOCIATED THEREWITH) TO PROVIDE CABLE SERVICES.
 GROSS REVENUES INCLUDE, BY  WAY  OF  ILLUSTRATION  AND  NOT  LIMITATION,
 MONTHLY  FEES CHARGED SUBSCRIBERS FOR ANY BASIC, OPTIONAL, PREMIUM, PER-
 CHANNEL, PER-PROGRAM SERVICE, OR CABLE  PROGRAMMING  SERVICE;  INSTALLA-
 TION,  DISCONNECTION,  RECONNECTION,  AND CHANGE-IN-SERVICE FEES; LEASED
 CHANNEL FEES; LATE FEES AND  ADMINISTRATIVE  FEES,  PAYMENTS,  OR  OTHER
 CONSIDERATION  RECEIVED  FROM PROGRAMMERS FOR CARRIAGE OF PROGRAMMING ON
 THE SYSTEM; REVENUES FROM RENTALS OR SALES OF CONVERTERS OR OTHER EQUIP-
 MENT; ANY STUDIO  RENTAL,  PRODUCTION  EQUIPMENT,  AND  PERSONNEL  FEES;
 ADVERTISING  REVENUES;  BARTER;  REVENUES  FROM PROGRAM GUIDES; REVENUES
 FROM THE SALE OR CARRIAGE OF OTHER CABLE  SERVICES;  AND  REVENUES  FROM
 HOME  SHOPPING  CHANNELS  AND  OTHER REVENUE SHARING ARRANGEMENTS. GROSS
 REVENUES SHALL INCLUDE REVENUES RECEIVED BY ANY ENTITY  OTHER  THAN  THE
 FRANCHISEE,  AN  AFFILIATE,  OR  ANOTHER ENTITY THAT OPERATES THE SYSTEM
 WHERE NECESSARY TO PREVENT EVASION OR AVOIDANCE OF THE OBLIGATION  UNDER
 THIS STATUTE TO PAY THE FRANCHISE FEE. GROSS REVENUES SHALL NOT INCLUDE:
   (A)  AMOUNTS  NOT ACTUALLY RECEIVED, EVEN IF BILLED, SUCH AS BAD DEBT;
 REFUNDS, REBATES OR DISCOUNTS TO SUBSCRIBERS OR THIRD PARTIES; OR REVEN-
 UE IMPUTED FROM THE PROVISION OF CABLE SERVICES FOR FREE OR  AT  REDUCED
 RATES  TO  ANY  PERSON AS REQUIRED OR ALLOWED BY LAW, INCLUDING, WITHOUT
 LIMITATION, THE PROVISION  OF  SUCH  SERVICES  TO  PUBLIC  INSTITUTIONS,
 PUBLIC  SCHOOLS, GOVERNMENTAL ENTITIES, OR EMPLOYEES, OTHER THAN FORGONE
 REVENUE CHOSEN NOT TO BE  RECEIVED  IN  EXCHANGE  FOR  TRADES,  BARTERS,
 SERVICES, OR OTHER ITEMS OF VALUE; OR
   (B) ANY REVENUE FROM ANY CHARGES OR FEES DERIVED FROM SERVICES CLASSI-
 FIED AS NON-CABLE SERVICES AND INFORMATION SERVICES AND ANY OTHER REVEN-
 UES  ATTRIBUTED BY THE HOLDER OF A CERTIFICATE OF APPROVAL OR SYSTEMWIDE
 FRANCHISE TO NON-CABLE SERVICES  IN  ACCORDANCE  WITH  FEDERAL  COMMUNI-
 CATIONS COMMISSIONS RULES, REGULATIONS, STANDARDS, OR ORDERS.
   IN  THE  CASE OF CABLE SERVICE THAT MAY BE BUNDLED OR INTEGRATED FUNC-
 TIONALLY WITH OTHER SERVICES, CAPABILITIES OR  APPLICATIONS,  THE  GROSS
 REVENUES  SHALL  ONLY  INCLUDE  THOSE  CHARGES  OR  FEES DERIVED FROM OR
 ATTRIBUTABLE TO THE PROVISION OF CABLE  SERVICE,  AS  REFLECTED  ON  THE
 BOOKS  AND  RECORDS  OF  THE  HOLDER  OF  A CERTIFICATE OF APPROVAL OR A
 SYSTEM-WIDE FRANCHISE, AS THE CASE MAY BE, IN ACCORDANCE WITH THE RULES,
 REGULATIONS, STANDARDS AND ORDERS OF THE FEDERAL COMMUNICATIONS  COMMIS-
 SION.
   11.  "INCUMBENT  CABLE OPERATOR" SHALL MEAN THE CABLE OPERATOR SERVING
 THE LARGEST NUMBER OF CABLE SUBSCRIBERS IN A PARTICULAR MUNICIPAL  FRAN-
 CHISE AREA ON THE EFFECTIVE DATE OF THIS ARTICLE.

 A. 4783                             4
 
   12. "MUNICIPALITY" SHALL MEAN A CITY OR TOWN WITHIN THE STATE.
   13. "PERSON" SHALL MEAN AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION, JOINT
 STOCK  COMPANY, TRUST, CORPORATION, GOVERNMENT ENTITY, LIMITED LIABILITY
 COMPANY OR ANY OTHER ENTITY.
   14. "PUBLIC RIGHT-OF-WAY" SHALL MEAN THE AREA ON,  BELOW  OR  ABOVE  A
 PUBLIC  ROADWAY,  HIGHWAY,  STREET, PUBLIC SIDEWALK, ALLEY, WATERWAY, OR
 UTILITY EASEMENT IN WHICH A MUNICIPALITY HAS AN INTEREST.
   15. "VIDEO PROGRAMMING" SHALL MEAN PROGRAMMING PROVIDED BY, OR  GENER-
 ALLY  CONSIDERED  COMPARABLE  TO,  PROGRAMMING  PROVIDED BY A TELEVISION
 BROADCAST STATION, AS SET FORTH IN 47 U.S.C. § 522(20).
   § 232. AUTHORIZATION TO PROVIDE CABLE SERVICE. 1. NOTWITHSTANDING  ANY
 OTHER LAW TO THE CONTRARY AND SUBJECT TO THE PROVISIONS OF THIS ARTICLE,
 A  PERSON SEEKING TO PROVIDE CABLE SERVICE IN THE STATE AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE MAY FILE AN APPLICATION FOR A STATEWIDE  FRAN-
 CHISE WITH THE COMMISSION AS REQUIRED BY THIS SECTION. THIS ARTICLE DOES
 NOT  PRECLUDE  CABLE OPERATORS FROM FILING INDIVIDUAL APPLICATIONS UNDER
 ARTICLE ELEVEN OF THIS CHAPTER, PROVIDED HOWEVER THAT A PERSON FILING AN
 APPLICATION FOR A STATEWIDE  FRANCHISE  WITH  THE  COMMISSION  SHALL  BE
 REQUIRED  UPON  RECEIPT  OF  SUCH  FRANCHISE  TO COMPLY WITH SECTION TWO
 HUNDRED FORTY-TWO OF THIS ARTICLE WITH REGARD TO ALL IN-STATE  BROADBAND
 AND  BROADBAND-CAPABLE  FACILITIES  AND  LINES  BUILT DURING THE INITIAL
 BUILD-OUT PERIOD PURSUANT TO THE AUTHORIZATION PROVIDED  BY  SUCH  FRAN-
 CHISE, AND FOR THE PERIOD OF THE INITIAL BUILD-OUT PERIOD WITH REGARD TO
 SUCH  PERSON'S  IN-STATE  BROADBAND AND BROADBAND-CAPABLE FACILITIES AND
 LINES IN EXISTENCE WHEN SUCH FRANCHISE BECOMES EFFECTIVE.
   2. A PERSON, INCLUDING AN INCUMBENT CABLE  OPERATOR,  PROVIDING  CABLE
 SERVICE  UNDER  A FRANCHISE AGREEMENT WITH A FRANCHISING AUTHORITY WHICH
 EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE IS  NOT  SUBJECT  TO
 THIS  SECTION  UNTIL  THE  FRANCHISE AGREEMENT EXPIRES AT THE END OF ITS
 ORIGINAL OR ANY MUTUALLY AGREEABLE RENEWAL TERM, OR UNLESS AND UNTIL THE
 FRANCHISING AUTHORITY AND ENTITY PROVIDING CABLE SERVICE MUTUALLY  AGREE
 TO TERMINATE THE EXISTING FRANCHISE AGREEMENT.
   3. NOTHING IN THIS SECTION SHALL RESTRICT A CABLE OPERATOR FROM APPLY-
 ING  TO  THE  COMMISSION  FOR  A  STATEWIDE FRANCHISE TO PROVISION CABLE
 SERVICES IN TERRITORIES OF THE STATE FOR  WHICH  IT  DOES  NOT  HAVE  AN
 EXISTING  FRANCHISE AGREEMENT WITH A FRANCHISING AUTHORITY. FOR PURPOSES
 OF THIS SECTION, A CABLE OPERATOR WILL BE DEEMED TO HAVE A FRANCHISE  TO
 PROVIDE  CABLE  SERVICE  IN  THE  JURISDICTION OF A SPECIFIC FRANCHISING
 AUTHORITY IF ANY AFFILIATE, PREDECESSOR OR SUCCESSOR ENTITY OF THE CABLE
 OPERATOR MAINTAINS A FRANCHISE GRANTED BY  THAT  FRANCHISING  AUTHORITY.
 THE  TERMS  "AFFILIATE, PREDECESSOR OR SUCCESSOR ENTITY" IN THIS SECTION
 SHALL INCLUDE BUT NOT BE LIMITED TO ANY ENTITY RECEIVING,  OBTAINING  OR
 OPERATING  UNDER A FRANCHISE FROM A FRANCHISING ENTITY FOR CABLE SERVICE
 THROUGH THE GRANT OF A FRANCHISE, MERGER, SALE, ASSIGNMENT,  RESTRUCTUR-
 ING, OR ANY OTHER TYPE OF TRANSACTION.
   4. THE COMMISSION SHALL HAVE THE FRANCHISING AUTHORITY TO ISSUE STATE-
 WIDE  FRANCHISES  FOR THE PROVISIONING OF CABLE SERVICE UNDER THIS ARTI-
 CLE.   NEITHER THE COMMISSION NOR ANY  MUNICIPALITY  IN  THE  STATE  MAY
 REQUIRE  THE FRANCHISE HOLDER TO OBTAIN ANY SEPARATE OR ADDITIONAL FRAN-
 CHISE OR OTHERWISE IMPOSE ANY FEE OR OTHER  REQUIREMENT,  INCLUDING  BUT
 NOT  LIMITED  TO THE REGULATION OF CABLE SERVICE RATES, ON ANY FRANCHISE
 HOLDER AS A CONDITION OF PROVIDING CABLE SERVICE, EXCEPT AS PROVIDED  IN
 THIS ARTICLE.
   5.  16 NYCRR § 895.3, AS AMENDED FROM TIME TO TIME, SHALL NOT APPLY TO
 THIS ARTICLE.

 A. 4783                             5

   § 233. PUBLIC SERVICE COMMISSION RESPONSIBILITIES. 1.  THE  COMMISSION
 SHALL ASSIGN EXISTING PERMANENT STAFF OF SUCH LEGAL, TECHNICAL AND OTHER
 EMPLOYEES OF THE COMMISSION AS MAY BE REQUIRED FOR THE PROPER CONDUCT OF
 ITS  CABLE  FRANCHISING  RESPONSIBILITIES UNDER THIS ARTICLE. THE POWERS
 AND  DUTIES  OF  THE PUBLIC SERVICE COMMISSION WITH RESPECT TO STATEWIDE
 FRANCHISES SHALL NOT EXCEED THOSE PRESCRIBED IN THIS ARTICLE.
   2. THE COMMISSION SHALL BE  RESPONSIBLE  FOR  ESTABLISHING  ADDITIONAL
 ADMINISTRATIVE PROCEDURES AND REGULATIONS NOT EXPLICITLY GRANTED IN THIS
 ARTICLE  FOR THE ISSUANCE OF STATEWIDE FRANCHISES IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE. THE COMMISSION'S ADMINISTRATIVE  POWERS  AND
 DUTIES  SHALL  BE  LIMITED TO THE PROVISION FOUND IN SECTION TWO HUNDRED
 THIRTY-FOUR OF THIS ARTICLE AND ADDITIONAL POWERS INCLUDING THE:
   (A) DEVELOPMENT OF PROCEDURES TO SUBMIT, REVIEW AND DOCUMENT  APPLICA-
 TIONS FILED WITH THE COMMISSION;
   (B)  REVIEW  OF  THE INITIAL SUBMISSION AND ANY UPDATES OF THE GENERAL
 DESCRIPTION OF THE SERVICE AREA FOOTPRINT  TO  BE  SERVED  OR  EXPANDED,
 INCLUDING, IF APPLICABLE, ANY AREA WITHIN A MUNICIPALITY TO BE SERVED BY
 AN APPLICANT;
   (C) DETERMINATION AND NOTICE OF INCOMPLETE APPLICATIONS;
   (D)  APPROVAL  OF  APPLICATIONS AND AMENDED APPLICATIONS, OR DENIAL OF
 SUCH APPLICATIONS, WITHIN THE PERIODS DESIGNATED UNDER THE PROVISIONS OF
 THIS ARTICLE;
   (E) ISSUANCE TO APPLICANTS WHOSE APPLICATIONS ARE APPROVED FOR  STATE-
 WIDE  FRANCHISES  TO PROVIDE CABLE SERVICE IN THE SERVICE AREA FOOTPRINT
 DESCRIBED IN THE APPLICATION; TO CONSTRUCT, UPGRADE, OPERATE OR MAINTAIN
 A NETWORK CAPABLE OF PROVIDING SUCH SERVICE, AND TO USE AND  OCCUPY  THE
 PUBLIC RIGHTS-OF-WAY IN THE DELIVERY OF THAT SERVICE;
   (F)  DEVELOPMENT  OF PROCEDURES TO REVIEW AND DOCUMENT THE TRANSFER OR
 TERMINATION OF A STATEWIDE FRANCHISE;
   (G) ESTABLISH GUIDELINES IN ADDITION TO  THOSE  DEVELOPED  BY  MUNICI-
 PALITIES UNDER SECTION TWO HUNDRED THIRTY-EIGHT OF THIS ARTICLE, TO DEAL
 WITH  ANY  CONSUMER  COMPLAINTS OR COMPLAINTS ALLEGING VIOLATIONS OF ANY
 PROVISIONS OF THIS ARTICLE. SUCH GUIDELINES SHALL BE  EASILY  ACCESSIBLE
 TO  RESIDENTS  OF  THE  STATE  AND  SHALL BE POSTED ON THE INTERNET. THE
 COMMISSION SHALL ALSO PROVIDE CONSUMER COMPLAINT FORMS ON  THE  INTERNET
 EVEN  IF  MUNICIPALITIES  ESTABLISH  THEIR  OWN COMPLAINT FORMS. IN SUCH
 CASES, MUNICIPALITIES AND THE  COMMISSION  WILL  WORK  COOPERATIVELY  TO
 ADDRESS CONSUMER COMPLAINTS.
   §  234. APPLICATION FOR STATEWIDE CABLE FRANCHISE. 1. ANY PERSON WISH-
 ING TO PROVIDE CABLE SERVICE IN THE STATE AFTER THE  EFFECTIVE  DATE  OF
 THIS  ARTICLE MAY FILE AN APPLICATION FOR A STATEWIDE FRANCHISE WITH THE
 COMMISSION AS REQUIRED BY THIS SECTION. A STATEWIDE  FRANCHISE  APPLICA-
 TION  SHALL BE ACCOMPANIED BY AN APPLICATION FEE OF TEN THOUSAND DOLLARS
 THAT SHALL BE USED BY THE COMMISSION TO CARRY OUT THE PURPOSES  OF  THIS
 ARTICLE. NOTHING IN THIS SECTION REQUIRES THAT ANY PERSON OR ENTITY FILE
 AN APPLICATION FOR A STATEWIDE FRANCHISE.
   2.  APPLICATIONS  FOR  A  STATEWIDE FRANCHISE SHALL CONTAIN BUT NOT BE
 LIMITED TO:
   (A) A STATEMENT THAT THE APPLICANT HAS FILED OR WILL TIMELY FILE  WITH
 THE  FEDERAL COMMUNICATIONS COMMISSION ALL FORMS REQUIRED BY THAT AGENCY
 IN ADVANCE OF OFFERING CABLE SERVICE IN THIS STATE;
   (B) A STATEMENT THAT THE APPLICANT AGREES TO  COMPLY  WITH  ALL  OTHER
 APPLICABLE  FEDERAL,  STATE  STATUTES  AND REGULATIONS AND ALL GENERALLY
 APPLICABLE MUNICIPAL ORDINANCES AND REGULATIONS, INCLUDING WITHOUT LIMI-
 TATION MUNICIPAL ORDINANCES AND REGULATIONS REGARDING  THE  TIME,  PLACE

 A. 4783                             6
 
 AND  MANNER  OF  USING  AND  OCCUPYING  PUBLIC  RIGHTS-OF-WAY ADOPTED IN
 ACCORDANCE WITH STATE AND FEDERAL LAW;
   (C)  A GENERAL DESCRIPTION OF THE SERVICE AREA FOOTPRINT TO BE SERVED,
 INCLUDING, IF APPLICABLE, ANY AREA WITHIN A MUNICIPALITY TO BE SERVED BY
 THE APPLICANT. SUCH DESCRIPTION MAY BE SET FORTH ON ONE OR MORE MAPS. IF
 THE APPLICANT IS A TELEPHONE CORPORATION OR AN AFFILIATE OF A  TELEPHONE
 CORPORATION, THE SERVICE AREA WILL INCLUDE A DESCRIPTION OF THE TERRITO-
 RY  IN  WHICH  THE  COMPANY PROVIDES TELEPHONE SERVICE.  DESCRIPTIONS OF
 SERVICE AREA FOOTPRINTS SHALL BE UPDATED BY THE APPLICANT PRIOR  TO  THE
 EXPANSION  OF  CABLE  SERVICE  TO A PREVIOUSLY UNDESIGNATED SERVICE AREA
 AND, UPON SUCH EXPANSION, WRITTEN NOTICE SHALL BE GIVEN TO  THE  COMMIS-
 SION  OF  THE NEW SERVICE AREA TO BE SERVED BY THE APPLICANT. THE STATE-
 ISSUED FRANCHISE AREA AND ANY SERVICE AREA WITHIN THE FRANCHISE AREA MAY
 EXTEND BEYOND THE AREA OR AREAS WHERE  THE  APPLICANT  HAS  PRE-EXISTING
 AUTHORITY TO OCCUPY THE PUBLIC RIGHTS-OF-WAY;
   (D)  THE  LOCATION OF THE APPLICANT'S PRINCIPAL PLACE OF BUSINESS, THE
 NAMES OF THE APPLICANT'S PRINCIPAL EXECUTIVE  OFFICERS,  AND  THE  NAME,
 ADDRESS  AND  TELEPHONE  NUMBER  OF AN OFFICER, GENERAL PARTNER OR OTHER
 EMPLOYEE OF THE APPLICANT WHO WILL BE RESPONSIBLE FOR  ONGOING  COMMUNI-
 CATIONS WITH THE COMMISSION;
   (E)  THE  NAME  AND LOCATION OF THE PRINCIPAL PLACE OF BUSINESS OF THE
 APPLICANT'S PARENT COMPANY, IF ANY;
   (F) THE SIGNATURE OF AN OFFICER OR GENERAL PARTNER  OF  THE  APPLICANT
 VERIFYING THE INFORMATION SET FORTH IN THE APPLICATION;
   (G) DEMONSTRATE THE FINANCIAL, TECHNICAL, MANAGERIAL AND LEGAL CHARAC-
 TER  AND OTHER QUALIFICATIONS NEEDED TO CONSTRUCT, OPERATE, AND MAINTAIN
 THE NECESSARY PLANT AND TO PROVIDE SERVICE IN A SAFE, ADEQUATE AND PROP-
 ER MANNER;
   (H) PROVIDE A RECORD OF COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS;
 AND
   (I) PROVIDE ADDITIONAL INFORMATION AS NEEDED BY THE COMMISSION.
   3. UPON FILING AN APPLICATION WITH THE COMMISSION  FOR  A  SYSTEM-WIDE
 FRANCHISE  AGREEMENT  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION, THE
 APPLICANT SHALL INCLUDE A LIST OF THE SPECIFIC MUNICIPALITIES  TO  WHICH
 CATV  SERVICE WILL BE PROVIDED OR EXTENDED, THE ANTICIPATED CONSTRUCTION
 AND DEPLOYMENT DATES, AND THE ANTICIPATED DATE ON WHICH SERVICE WILL  BE
 OFFERED  AND  A  CERTIFIED  STATEMENT THAT SUCH DEPLOYMENT WILL MEET THE
 REQUIREMENTS OF SECTION TWO HUNDRED  FORTY-FOUR  OF  THIS  ARTICLE.  THE
 APPLICANT  WILL  CONCURRENTLY  PROVIDE A COPY OF THE APPLICATION TO EACH
 AFFECTED MUNICIPALITY.
   4. WITHIN FIFTEEN BUSINESS DAYS AFTER IT RECEIVES THE APPLICATION, THE
 COMMISSION SHALL:
   (A) DETERMINE WHETHER AN APPLICATION SUBMITTED IS INCOMPLETE; AND
   (B) IF SO, THE COMMISSION SHALL NOTIFY THE APPLICANT THAT THE APPLICA-
 TION IS INCOMPLETE AND IDENTIFY THE INFORMATION THAT THE COMMISSION MUST
 RECEIVE FROM THE APPLICANT TO MAKE THE APPLICATION COMPLETE.
   5. WITHIN SIXTY BUSINESS DAYS AFTER IT RECEIVES THE COMPLETED APPLICA-
 TION, THE COMMISSION SHALL APPROVE THE APPLICATION AND ISSUE A STATEWIDE
 FRANCHISE TO THE APPLICANT, OR DENY THE APPLICATION. WITHIN  SIXTY  DAYS
 OF THE RECEIPT THEREOF, THE COMMISSION SHALL SCHEDULE THREE PUBLIC HEAR-
 INGS  TO  BE  HELD  IN DIFFERENT GEOGRAPHICAL AREAS OF THE STATE TO GAIN
 PUBLIC COMMENT IN CONSIDERATION OF THE APPLICATION.  ON  OR  BEFORE  THE
 EXPIRATION  OF THE SIXTY-DAY PERIOD, THE COMMISSION SHALL ISSUE AN ORDER
 IN WRITING APPROVING THE APPLICATION IF THE APPLICANT HAS COMPLIED  WITH
 THE  REQUIREMENTS  FOR  A  STATEWIDE  FRANCHISE, OR THE COMMISSION SHALL
 DISAPPROVE THE APPLICATION IN WRITING CITING THE REASONS FOR DISAPPROVAL

 A. 4783                             7
 
 IF THE BOARD DETERMINES THAT THE APPLICATION FOR A  STATEWIDE  FRANCHISE
 DOES  NOT  COMPLY  WITH  THE REQUIREMENTS FOR A STATEWIDE FRANCHISE. THE
 COMMISSION MAY DENY THE APPLICATION IF THE APPLICANT HAS FAILED TO STATE
 IN  THE  APPLICATION  THE  INFORMATION  AND  REPRESENTATIONS REQUIRED BY
 SUBDIVISION TWO OF THIS SECTION. IF THE COMMISSION DENIES  THE  APPLICA-
 TION,  IT  MUST SPECIFY WITH PARTICULARITY THE REASON OR REASONS FOR THE
 DENIAL, AND THE APPLICANT MAY AMEND ITS APPLICATION TO  CURE  ANY  DEFI-
 CIENCY.  THE COMMISSION SHALL DECIDE SUCH AMENDED APPLICATION WITHIN TEN
 BUSINESS DAYS OF ITS SUBMISSION TO THE COMMISSION BY THE APPLICANT.   IF
 THE  COMMISSION  DENIES THE APPLICATION, THE COMMISSION SHALL SCHEDULE A
 PUBLIC MEETING WITH THE  APPLICANT  TO  EXPLAIN  TO  THE  APPLICANT  THE
 REASONS  FOR  THE COMMISSION'S DISAPPROVAL. SUCH MEETING SHALL BE SCHED-
 ULED NO LATER THAN THIRTY DAYS FOLLOWING THE EXPIRATION OF THE SIXTY-DAY
 REVIEW PERIOD AS REQUIRED BY THIS  SECTION.  THE  APPLICANT  SHALL  HAVE
 THIRTY  DAYS  FOLLOWING  THE  DATE OF THE MEETING WITH THE COMMISSION TO
 FILE AN APPEAL OF THE BOARD'S DECISION. THE COMMISSION SHALL  THEREAFTER
 SCHEDULE  AN  ADMINISTRATIVE  HEARING  NOT  LATER THAN THE THIRTIETH DAY
 FOLLOWING THE DATE OF THE FILING OF THE APPLICANT'S APPEAL IN  ORDER  TO
 CONSIDER  THE  APPLICANT'S  APPEAL.  THE  COMMISSION SHALL ISSUE A FINAL
 DECISION IN WRITTEN FORM ON THE APPLICANT'S APPEAL NOT  LATER  THAN  THE
 SIXTIETH  DAY  FOLLOWING  THE  ADMINISTRATIVE  HEARING, REQUIRED BY THIS
 SUBDIVISION, ON THE APPLICANT'S APPEAL. AFTER AN  ADMINISTRATIVE  PERIOD
 AN APPLICANT MAY CHALLENGE A DENIAL OF ITS APPLICATION OR AMENDED APPLI-
 CATION IN ANY COURT OF COMPETENT JURISDICTION.
   6.  A STATEWIDE FRANCHISE AUTHORIZATION ISSUED BY THE COMMISSION SHALL
 CONTAIN:
   (A) A GRANT OF A FRANCHISE TO PROVIDE CABLE  SERVICE  IN  THE  SERVICE
 AREA  FOOTPRINT  DESCRIBED  IN  THE  APPLICATION; TO CONSTRUCT, UPGRADE,
 OPERATE OR MAINTAIN A NETWORK CAPABLE OF PROVIDING SUCH SERVICE,  EXCEPT
 WHERE  THIS  GRANT  IS  NOT  REQUIRED  AND  TO USE AND OCCUPY THE PUBLIC
 RIGHTS-OF-WAY IN THE DELIVERY OF THAT SERVICE; AND
   (B) A STATEMENT THAT THE FRANCHISE GRANT IN SUBDIVISION  ONE  OF  THIS
 SECTION  IS  SUBJECT  TO  LAWFUL  OPERATION  OF THE CABLE SERVICE BY THE
 APPLICANT OR ITS SUCCESSOR IN INTEREST.
   7. AN APPLICANT HAVING PRE-EXISTING AUTHORITY TO  UTILIZE  THE  PUBLIC
 RIGHTS-OF-WAY  IS  REQUIRED TO OBTAIN A STATEWIDE FRANCHISE PRIOR TO THE
 ACTUAL PROVISION OF CABLE SERVICE ON  A  COMMERCIAL  BASIS  DIRECTLY  TO
 SUBSCRIBERS.  HOWEVER,  SUCH  AN  APPLICANT  IS NOT REQUIRED TO OBTAIN A
 STATEWIDE FRANCHISE OR ANY MUNICIPALITY AUTHORIZATION, EXCEPT FOR  BEING
 SUBJECT   TO   MUNICIPALITY   RIGHT-OF-WAY  REQUIREMENTS,  IN  ORDER  TO
 CONSTRUCT, UPGRADE, OPERATE OR MAINTAIN A NETWORK  THAT  IS  CAPABLE  OF
 PROVIDING CABLE SERVICE.
   8.  A SYSTEM-WIDE FRANCHISE ISSUED BY THE BOARD SHALL BE NONTRANSFERA-
 BLE, EXCEPT BY WRITTEN CONSENT OF THE BOARD.
   § 235. LENGTH OF STATEWIDE FRANCHISE. A STATEWIDE FRANCHISE ISSUED  BY
 THE  COMMISSION  SHALL BE VALID FOR TEN YEARS FROM THE DATE OF ISSUANCE.
 RENEWAL OF A SYSTEM-WIDE FRANCHISE  SHALL  BE  VALID  FOR  A  PERIOD  OF
 FIFTEEN  YEARS FROM THE DATE OF THE RENEWAL ISSUANCE, AND THE COMMISSION
 SHALL ESTABLISH RULES GOVERNING THE RENEWAL OF A SYSTEM-WIDE FRANCHISE.
   § 236. TERMINATION OF A STATEWIDE  FRANCHISE.  1.  A  FRANCHISE  SHALL
 TERMINATE  AT THE EXPIRATION OF ITS TERM OR OTHERWISE IN ACCORDANCE WITH
 THE PROVISIONS THEREOF, UNLESS, PRIOR THERETO, THE COMMISSION  OTHERWISE
 ORDERS.  THE  COMMISSION  MAY  SO  ORDER  ONLY IF IT FINDS, AFTER PUBLIC
 NOTICE AND OPPORTUNITY FOR A HEARING, THAT THE FRANCHISEE:
   (A) HAS COMMITTED A MATERIAL BREACH OF ITS FRANCHISE OR ANY APPLICABLE
 PROVISION OF THIS ARTICLE OR OF THE  REGULATIONS  PROMULGATED  HEREUNDER

 A. 4783                             8
 
 AND  HAS  FAILED,  WITHOUT REASONABLE JUSTIFICATION, TO CURE SAID BREACH
 WITHIN SIXTY DAYS AFTER HAVING RECEIVED WRITTEN NOTICE THEREOF FROM  THE
 COMMISSION; OR
   (B)  HAS  NOT MET THE REQUIREMENTS OF SECTIONS TWO HUNDRED FORTY-THREE
 AND TWO HUNDRED FORTY-FOUR OF THIS ARTICLE;
   (C) HAS ENGAGED IN BLOCKING OF LAWFUL CONTENT OR WEB SITES OR SERVICES
 OF COMPETITORS, OR REFUSED  TO  INTERCONNECT  ITS  FACILITIES  WITH  THE
 FACILITIES  OF ANOTHER PROVIDER OF BROADBAND NETWORK SERVICES ON REASON-
 ABLE AND NONDISCRIMINATORY TERMS OR CONDITIONS; OR
   (D) HAS BEEN ADJUDICATED AS BANKRUPT OR HAS FILED A VOLUNTARY PETITION
 FOR BANKRUPTCY OR REORGANIZATION OR FOR AN ORDER PROTECTING  ITS  ASSETS
 FROM  THE  CLAIMS OF CREDITORS AND THE COMMISSION FINDS THAT TERMINATION
 OF THE FRANCHISE OR CERTIFICATE OF CONFIRMATION UNDER SUCH CONDITIONS IS
 IN THE BEST INTEREST OF THE PUBLIC.
   2. UPON TERMINATION OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION, THE
 CABLE OPERATOR SHALL DISPOSE OF ITS FACILITIES IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THE  FRANCHISE OR CERTIFICATE. HOWEVER, ON MOTION OF ANY
 INTERESTED PARTY OR UPON ITS OWN MOTION, AND  AFTER  PUBLIC  NOTICE  AND
 OPPORTUNITY  FOR  HEARING,  IF  THE  COMMISSION FINDS THAT THE CONTINUED
 PRESENCE OF THE FACILITIES IN  ANY  PUBLIC  THOROUGHFARE  WOULD  POSE  A
 NUISANCE TO THE MUNICIPALITY OR ITS RESIDENTS, THE OPERATOR SHALL REMOVE
 ITS  FACILITIES WITHIN SUCH PERIOD AS THE COMMISSION SHALL ORDER. IN THE
 ABSENCE OF ANY APPLICABLE FRANCHISE OR CERTIFICATE PROVISION OR ORDER BY
 THE COMMISSION TO THE CONTRARY, THE CABLE TELEVISION COMPANY MAY ABANDON
 ITS FACILITIES.
   § 237. ABANDONMENT OF SERVICE. 1. NO CABLE OPERATOR  MAY  ABANDON  ANY
 SERVICE  OR  PORTION  THEREOF  WITHOUT  GIVING SIX MONTHS' PRIOR WRITTEN
 NOTICE TO THE COMMISSION AND TO THE FRANCHISOR, IF ANY, AND TO THE MUNI-
 CIPALITIES IT SERVES.
   2. WHEN ABANDONMENT OF ANY SERVICE IS PROHIBITED BY  A  FRANCHISE,  NO
 CABLE  OPERATOR  MAY ABANDON SUCH SERVICE WITHOUT WRITTEN CONSENT OF THE
 COMMISSION. IN GRANTING SUCH CONSENT, THE  COMMISSION  MAY  IMPOSE  SUCH
 TERMS,  CONDITIONS  OR  REQUIREMENTS AS IN ITS JUDGMENT ARE NECESSARY TO
 PROTECT THE PUBLIC INTEREST.
   § 238. MUNICIPAL POWER AND REGULATION OVER FRANCHISE HOLDERS. A  MUNI-
 CIPALITY MAY:
   1. EXERCISE ITS PUBLIC RIGHTS-OF-WAY AUTHORITY OVER FRANCHISE HOLDERS,
 INCLUDING  REQUIRING FRANCHISE HOLDERS TO FOLLOW MUNICIPAL ORDINANCES AS
 WELL AS ALL APPLICABLE LOCAL, STATE AND FEDERAL LAWS;
   2. RECEIVE, MEDIATE, AND RESOLVE CABLE SERVICE QUALITY COMPLAINTS FROM
 A FRANCHISE HOLDER'S CUSTOMERS WITHIN THE MUNICIPALITY;
   3. REQUIRE A FRANCHISE HOLDER WHO IS PROVIDING  CABLE  SERVICE  WITHIN
 THE  MUNICIPALITY TO REGISTER WITH THE MUNICIPALITY, MAINTAIN A POINT OF
 CONTACT, AND PROVIDE NOTICE OF ANY FRANCHISE AUTHORIZATION  TRANSFER  TO
 THE  MUNICIPALITY  WITHIN FOURTEEN BUSINESS DAYS AFTER THE COMPLETION OF
 THE TRANSFER;
   4. ESTABLISH REASONABLE GUIDELINES REGARDING THE USE OF PUBLIC, EDUCA-
 TIONAL, AND GOVERNMENTAL ACCESS  CHANNELS  WITHIN  THE  MUNICIPALITY  IN
 ADDITION  TO  THOSE ESTABLISHED IN SECTION TWO HUNDRED FORTY-ONE OF THIS
 ARTICLE.
   § 239. PAYMENT AND REMITTANCE OF FRANCHISE FEE. 1. THE FRANCHISE HOLD-
 ER WHO OFFERS CABLE SERVICE WITHIN THE JURISDICTION  OF  A  MUNICIPALITY
 SHALL  CALCULATE AND REMIT TO THE MUNICIPALITY AT THE END OF EACH CALEN-
 DAR YEAR QUARTER A FRANCHISE FEE, AS PROVIDED IN THIS SECTION. THE OBLI-
 GATION TO CALCULATE AND REMIT THE FRANCHISE FEE TO A MUNICIPALITY BEGINS
 IMMEDIATELY UPON PROVISION OF CABLE SERVICE WITHIN  THAT  MUNICIPALITY'S

 A. 4783                             9

 JURISDICTION, BUT THE FIRST REMITTANCE SHALL NOT BE DUE UNTIL THE END OF
 THE  FIRST  CALENDAR  YEAR QUARTER THAT IS LATER THAN ONE HUNDRED EIGHTY
 DAYS AFTER THE PROVISION OF CABLE SERVICE BEGAN.
   2.  THE FRANCHISE FEE SHALL BE CALCULATED AS A PERCENTAGE OF THE HOLD-
 ER'S GROSS REVENUES, AS DEFINED IN SECTION  TWO  HUNDRED  THIRTY-ONE  OF
 THIS  ARTICLE  AND  SHALL BE FIVE PERCENT.  A MUNICIPALITY MAY, BY ORDI-
 NANCE, CHANGE THE PERCENTAGE APPLIED TO THE GROSS REVENUES OF THE  HOLD-
 ER.
   3.  NO  FEE  UNDER THIS SECTION WILL BECOME DUE UNTIL THE MUNICIPALITY
 CERTIFIES AND PROVIDES DOCUMENTATION TO THE FRANCHISE HOLDER  SUPPORTING
 THE  PERCENTAGE  PAID  BY  ANY INCUMBENT CABLE OPERATOR SERVING THE AREA
 WITHIN THE MUNICIPALITY'S JURISDICTION.
   4. NO MUNICIPALITY OR ANY OTHER POLITICAL SUBDIVISION  OF  THIS  STATE
 MAY  ASSESS ANY ADDITIONAL FEES OR CHARGES OR REQUIRE OTHER REMUNERATION
 OF ANY KIND FROM THE FRANCHISE HOLDER OTHER THAN AS SET  FORTH  IN  THIS
 SECTION,  PROVIDED,  HOWEVER,  THAT THE PROVISION OF IN-KIND SERVICES OR
 SUPPORT, PERSONNEL AND FUNDING  DEDICATED  TO  PUBLIC,  EDUCATIONAL  AND
 GOVERNMENT  FACILITIES  AND  SERVICES SHALL NOT BE CONSIDERED ADDITIONAL
 FEES, CHARGES OR REMUNERATION.
   5. FOR PURPOSES OF THIS SECTION, IN THE CASE OF A CABLE  SERVICE  THAT
 MAY BE BUNDLED OR INTEGRATED FUNCTIONALLY WITH OTHER SERVICES, CAPABILI-
 TIES  OR  APPLICATIONS,  THE  FRANCHISE FEE SHALL BE APPLIED ONLY TO THE
 GROSS REVENUES, AS  DEFINED  IN  THIS  ARTICLE,  ATTRIBUTABLE  TO  CABLE
 SERVICE  OR  THE USE OF THE CABLE SYSTEM AND FACILITIES, AS REFLECTED ON
 THE BOOKS AND  RECORDS  OF  THE  HOLDER  IN  ACCORDANCE  WITH  GENERALLY
 ACCEPTED  ACCOUNTING  PRINCIPLES  AND  FEDERAL COMMUNICATIONS COMMISSION
 RULES, REGULATIONS, STANDARDS OR ORDERS, AS APPLICABLE.
   6. THE FRANCHISE FEE SHALL BE REMITTED TO THE APPLICABLE  MUNICIPALITY
 QUARTERLY,  WITHIN  FORTY-FIVE DAYS AFTER THE END OF THE QUARTER FOR THE
 PRECEDING CALENDAR QUARTER. EACH  PAYMENT  SHALL  BE  ACCOMPANIED  BY  A
 SUMMARY  EXPLAINING  THE BASIS FOR THE CALCULATION OF THE FRANCHISE FEE.
 NOT MORE THAN ONCE ANNUALLY, A MUNICIPALITY MAY  EXAMINE  THE  FRANCHISE
 HOLDER'S  BUSINESS  RECORDS TO THE EXTENT REASONABLY NECESSARY TO ENSURE
 COMPENSATION IN ACCORDANCE WITH THIS SECTION. EACH PARTY SHALL BEAR  THE
 PARTY'S  OWN COSTS OF THE EXAMINATION. ANY CLAIMS BY A MUNICIPALITY THAT
 COMPENSATION IS NOT IN ACCORDANCE WITH THIS SECTION, AND ANY CLAIMS  FOR
 REFUNDS  OR OTHER CORRECTIONS TO THE REMITTANCE OF THE FRANCHISE HOLDER,
 MUST BE MADE WITHIN THREE YEARS AND FORTY-FIVE DAYS OF THE  END  OF  THE
 QUARTER FOR WHICH COMPENSATION IS REMITTED, OR THREE YEARS FROM THE DATE
 OF  REMITTANCE,  WHICHEVER  IS LATER. EITHER A MUNICIPALITY OR THE FRAN-
 CHISE HOLDER MAY, IN THE EVENT  OF  A  DISPUTE  CONCERNING  COMPENSATION
 UNDER  THIS  SECTION,  BRING AN ACTION IN A COURT OF COMPETENT JURISDIC-
 TION.
   § 240. PUBLIC, EDUCATIONAL AND GOVERNMENT CHANNELS. 1. IN ADDITION  TO
 THE  REQUIREMENTS  SET  FORTH  IN 16 NYCRR SEC. 894.4 (AS MAY BE AMENDED
 FROM TIME TO TIME), THE FRANCHISE HOLDER SHALL PROVIDE THE  MUNICIPALITY
 WITH  CAPACITY  IN  ITS  CABLE  SYSTEM TO ALLOW PUBLIC, EDUCATIONAL, AND
 GOVERNMENTAL (PEG) ACCESS CHANNELS FOR  NONCOMMERCIAL  PROGRAMMING.  FOR
 THE  PURPOSES  OF  THIS SECTION, PEG CHANNELS SHALL BE DEFINED AS ANALOG
 CHANNELS OF SIX MEGAHERTZ BANDWIDTH OR THE SAME AS ANY OTHER CHANNEL  ON
 THE  BASIC  TIER,  WHICHEVER IS GREATER. IN ADDITION TO THE REQUIREMENTS
 SET FORTH IN THIS SECTION, THE COMMISSION MAY ISSUE ADDITIONAL RULES  OR
 GUIDELINES  REGARDING  PEG ACCESS CHANNELS. THE HOLDER SHALL PROVIDE THE
 SAME ANCILLARY SERVICES TO THE PEG CHANNELS AND ENTITIES AS  THE  INCUM-
 BENT PROVIDER.

 A. 4783                            10
 
   2. THE FRANCHISE HOLDER SHALL DESIGNATE A SUFFICIENT AMOUNT OF CAPACI-
 TY  ON ITS CABLE SYSTEM TO ALLOW THE PROVISION OF A COMPARABLE NUMBER OF
 PEG CHANNELS OR HOURS OF PROGRAMMING THAT THE INCUMBENT  CABLE  OPERATOR
 HAS  ACTIVATED  AND  PROVIDED WITHIN THE MUNICIPALITY UNDER THE TERMS OF
 ITS  FRANCHISE  AGREEMENT AS OF THE EFFECTIVE DATE OF THIS ARTICLE. IF A
 MUNICIPALITY DID NOT HAVE PEG ACCESS CHANNELS AS OF THAT DATE, THE CABLE
 OPERATOR SHALL FURNISH TO THE MUNICIPALITY UPON REQUEST UP TO THREE  PEG
 CHANNELS FOR A MUNICIPALITY WITH A POPULATION OF AT LEAST FIFTY THOUSAND
 AND  UP TO TWO PEG CHANNELS FOR A MUNICIPALITY WITH A POPULATION OF LESS
 THAN FIFTY THOUSAND. FOR THE PURPOSES OF THIS SECTION, A PEG CHANNEL  IS
 DEEMED  ACTIVATED IF IT IS BEING UTILIZED FOR PEG PROGRAMMING WITHIN THE
 MUNICIPALITY FOR AT LEAST EIGHT HOURS PER DAY AND IF SUCH PROGRAMMING IS
 NOT BROADCAST MORE THAN ONCE IN EVERY EIGHT HOURS. THE HOLDER SHALL HAVE
 TWELVE MONTHS FROM THE DATE THE MUNICIPALITY REQUESTS SUCH PEG  CHANNELS
 TO  DESIGNATE  THE  CAPACITY;  PROVIDED,  HOWEVER, THAT THE TWELVE-MONTH
 PERIOD SHALL BE TOLLED BY ANY PERIOD DURING  WHICH  THE  DESIGNATION  OR
 PROVISION  OF  PEG CHANNEL CAPACITY IS TECHNICALLY INFEASIBLE, INCLUDING
 ANY FAILURE OR DELAY OF THE INCUMBENT CABLE OPERATOR  TO  MAKE  ADEQUATE
 INTERCONNECTION AVAILABLE, AS REQUIRED BY THIS SECTION. IN CITIES WITH A
 POPULATION  OF  ONE MILLION OR MORE PERSONS, IF A SYSTEM HAS TOTAL ACTI-
 VATED BANDWIDTH IN EXCESS OF EIGHT HUNDRED SIXTY-TWO MEGAHERTZ  THEN  AT
 LEAST  TWO  ADDITIONAL  PEG  CHANNELS  SHALL BE SET ASIDE BY THE HOLDER,
 INCLUDING ONE FOR PUBLIC ACCESS.
   3. THE FRANCHISE HOLDER MAY SUBMIT TO THE COMMISSION AN APPLICATION TO
 CEASE PROVIDING ANY PEG CHANNEL PROVIDED PURSUANT TO THIS  SECTION  THAT
 IS  NOT  UTILIZED  BY THE MUNICIPALITY FOR AT LEAST EIGHT HOURS PER DAY,
 AND EXCEPT AS PROVIDED HEREIN, THE CHANNEL MAY THEREAFTER BE  PROGRAMMED
 AT  THE FRANCHISE HOLDER'S DISCRETION. THE COMMISSION MAY HOLD A HEARING
 IN THE MUNICIPALITY TO  AID  IN  MAKING  ITS  DETERMINATION  WHETHER  TO
 APPROVE  THE  APPLICATION.  THE COMMISSION SHALL ISSUE A DECISION WITHIN
 THIRTY BUSINESS DAYS OF THE FRANCHISEE'S  APPLICATION.  IF  THE  MUNICI-
 PALITY  SUBSEQUENTLY  CERTIFIES  TO THE COMMISSION AND HOLDER A SCHEDULE
 FOR AT LEAST EIGHT HOURS OF DAILY NON-REPEAT PEG CHANNEL PROGRAMMING PER
 CHANNEL, THE HOLDER SHALL RESTORE THE PEG CHANNEL OR  CHANNELS  FOR  THE
 USE OF THE MUNICIPALITY FOR AS LONG AS THE MUNICIPALITY USES THE CHANNEL
 OR CHANNELS FOR AT LEAST EIGHT HOURS A DAY.
   4. THE CONTENT AND OPERATION OF ANY PEG ACCESS CHANNEL PROVIDED PURSU-
 ANT  TO  THIS  SECTION  SHALL BE THE RESPONSIBILITY OF THE MUNICIPALITY,
 RECEIVING THE BENEFIT OF SUCH CHANNEL, AND THE  FRANCHISE  HOLDER  BEARS
 ONLY THE RESPONSIBILITY FOR THE TRANSMISSION OF SUCH CHANNEL, SUBJECT TO
 REASONABLE  TECHNOLOGICAL  CONSTRAINTS.  THE  FRANCHISE  HOLDER SHALL BE
 RESPONSIBLE FOR PROVIDING THE CONNECTIVITY, AS WELL AS  OTHER  EQUIPMENT
 NECESSARY,  TO EACH PEG ACCESS CHANNEL PROGRAMMING DISTRIBUTION LOCATION
 AND FOR DOING SO WITHOUT CHARGE FOR UP TO THE FIRST TWO HUNDRED FEET  OF
 THE HOLDER'S CONNECTING FACILITIES.
   5.  THE  MUNICIPALITY,  OR  ITS DESIGNEES, MUST ENSURE THAT ALL TRANS-
 MISSIONS, CONTENT, OR PROGRAMMING TO BE TRANSMITTED OVER  A  PEG  ACCESS
 CHANNEL  OR  FACILITY BY A FRANCHISE HOLDER ARE PROVIDED OR SUBMITTED TO
 THE CABLE OPERATOR IN A MANNER OR FORM THAT IS CAPABLE OF BEING ACCEPTED
 AND TRANSMITTED BY THE CABLE OPERATOR,  WITHOUT  REQUIREMENT  FOR  ADDI-
 TIONAL  ALTERATION  OR CHANGE IN THE CONTENT BY THE CABLE OPERATOR, OVER
 THE CABLE SYSTEM OF THE  CABLE  OPERATOR.  THE  MUNICIPALITY'S,  OR  ITS
 DESIGNEES'  PROVISION  OF  PEG  CONTENT  TO  THE HOLDER SHALL CONSTITUTE
 AUTHORIZATION FOR THE HOLDER TO CARRY SUCH  CONTENT  INCLUDING,  AT  THE
 HOLDER'S  OPTION,  BEYOND  THE  JURISDICTIONAL BOUNDARIES OF THE MUNICI-
 PALITY.

 A. 4783                            11
 
   6. THE FRANCHISE HOLDER AND AN  INCUMBENT  CABLE  OPERATOR  SHALL  USE
 REASONABLE  EFFORTS  TO INTERCONNECT THEIR CABLE SYSTEMS FOR THE PURPOSE
 OF PROVIDING PEG PROGRAMMING. INTERCONNECTION  MAY  BE  ACCOMPLISHED  BY
 DIRECT  CABLE,  MICROWAVE LINK, SATELLITE, OR OTHER REASONABLE METHOD OF
 CONNECTION.  FRANCHISE HOLDERS AND INCUMBENT CABLE OPERATORS SHALL NEGO-
 TIATE IN GOOD FAITH AND  INCUMBENT  CABLE  OPERATORS  MAY  NOT  WITHHOLD
 INTERCONNECTION  OF PEG CHANNELS. IN THE EVENT A FRANCHISE HOLDER AND AN
 INCUMBENT CABLE OPERATOR CANNOT REACH A  MUTUALLY  ACCEPTABLE  INTERCON-
 NECTION  AGREEMENT,  THEN  THE DUTY OF THE HOLDER SHALL BE DISCHARGED IF
 THE HOLDER MAKES INTERCONNECTION AVAILABLE TO THE CHANNEL ORIGINATOR  AT
 A POINT ON THE HOLDER'S NETWORK DETERMINED BY THE HOLDER.
   7. THE PEG CHANNELS SHALL BE FOR THE EXCLUSIVE USE OF THE LOCAL ENTITY
 OR  ITS  DESIGNEE TO PROVIDE PUBLIC, EDUCATIONAL, AND GOVERNMENTAL CHAN-
 NELS.  THE PEG CHANNELS SHALL BE USED ONLY FOR  NONCOMMERCIAL  PURPOSES.
 HOWEVER,  ADVERTISING,  UNDERWRITING,  OR SPONSORSHIP RECOGNITION MAY BE
 CARRIED ON THE CHANNELS FOR THE PURPOSE OF  FUNDING  PEG-RELATED  ACTIV-
 ITIES.  THE PEG CHANNELS SHALL ALL BE CARRIED ON THE BASIC SERVICE TIER.
 TO THE EXTENT FEASIBLE, THE PEG CHANNELS SHALL NOT BE  SEPARATED  NUMER-
 ICALLY  FROM  OTHER  CHANNELS  CARRIED ON THE BASIC SERVICE TIER AND THE
 CHANNEL NUMBERS FOR THE PEG CHANNELS SHALL BE THE SAME  CHANNEL  NUMBERS
 USED  BY  THE INCUMBENT CABLE OPERATOR UNLESS PROHIBITED BY FEDERAL LAW.
 AFTER THE INITIAL  DESIGNATION  OF  PEG  CHANNEL  NUMBERS,  THE  CHANNEL
 NUMBERS  SHALL  NOT BE CHANGED WITHOUT THE AGREEMENT OF THE LOCAL ENTITY
 UNLESS THE CHANGE IS REQUIRED BY FEDERAL  LAW.  EACH  CHANNEL  SHALL  BE
 CAPABLE  OF CARRYING A NATIONAL TELEVISION SYSTEM COMMITTEE (NTSC) TELE-
 VISION SIGNAL.
   8. THE CONTENT TO BE PROVIDED OVER THE PEG CHANNEL  CAPACITY  PROVIDED
 PURSUANT TO THIS SECTION SHALL BE THE RESPONSIBILITY OF THE LOCAL ENTITY
 OR  ITS  DESIGNEE RECEIVING THE BENEFIT OF THAT CAPACITY, AND THE HOLDER
 OF A STATE FRANCHISE BEARS ONLY THE RESPONSIBILITY FOR THE  TRANSMISSION
 OF THAT CONTENT, SUBJECT TO TECHNOLOGICAL RESTRAINTS.
   9. THE PEG SIGNAL SHALL BE RECEIVABLE BY ALL SUBSCRIBERS, WHETHER THEY
 RECEIVE DIGITAL OR ANALOG SERVICE, OR A COMBINATION THEREOF, WITHOUT THE
 NEED FOR ANY EQUIPMENT OTHER THAN THE EQUIPMENT NECESSARY TO RECEIVE THE
 LOWEST  COST  TIER OF SERVICE. THE PEG ACCESS CAPACITY PROVIDED SHALL BE
 OF SIMILAR QUALITY AND FUNCTIONALITY TO THAT OFFERED BY COMMERCIAL CHAN-
 NELS ON THE LOWEST COST TIER OF SERVICE UNLESS THE SIGNAL IS PROVIDED TO
 THE HOLDER AT A LOWER QUALITY OR WITH LESS FUNCTIONALITY.
   10. AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND UNTIL THE EXPIRA-
 TION OF THE INCUMBENT CABLE OPERATOR'S FRANCHISE, IF THE INCUMBENT CABLE
 OPERATOR HAS EXISTING UNSATISFIED OBLIGATIONS  UNDER  THE  FRANCHISE  TO
 REMIT  TO  THE  LOCAL  ENTITY  OR ITS DESIGNEE ANY CASH PAYMENTS FOR THE
 ONGOING COSTS OF PUBLIC,  EDUCATIONAL,  AND  GOVERNMENT  ACCESS  CHANNEL
 FACILITIES,  THE  LOCAL  ENTITY,  OR  ITS DESIGNEE FOR THE PUBLIC ACCESS
 CHANNELS, SHALL DIVIDE THOSE CASH PAYMENTS  AMONG  ALL  CABLE  OR  VIDEO
 PROVIDERS AS PROVIDED IN THIS SECTION. THE FEE SHALL BE THE HOLDER'S PRO
 RATA PER SUBSCRIBER SHARE OF THE CASH PAYMENT REQUIRED TO BE PAID BY THE
 INCUMBENT  CABLE  OPERATOR TO THE LOCAL ENTITY OR ITS DESIGNEE COMMUNITY
 ACCESS ORGANIZATION FOR THE COSTS OF PEG CHANNEL FACILITIES.  ALL  VIDEO
 SERVICE  PROVIDERS  AND THE INCUMBENT CABLE OPERATOR SHALL BE SUBJECT TO
 THE SAME REQUIREMENTS FOR RECURRING PAYMENTS  FOR  THE  SUPPORT  OF  PEG
 CHANNEL  FACILITIES,  WHETHER EXPRESSED AS A PERCENTAGE OF GROSS REVENUE
 OR AS AN AMOUNT PER SUBSCRIBER, PER MONTH, OR OTHERWISE.
   11. A LOCAL ENTITY SHALL ESTABLISH A PAYMENT FOR THE  ONGOING  SUPPORT
 OF  THE  COST OF PEG FACILITIES AND SERVICES THAT WOULD BECOME EFFECTIVE
 SUBSEQUENT TO THE  EXPIRATION  OF  ANY  FEE  IMPOSED  BY  THIS  ARTICLE,

 A. 4783                            12
 
 PROVIDED,  HOWEVER,  THAT  NO  SUCH FEE SHALL BE ALLOCATED SUCH THAT ANY
 COMMUNITY ACCESS ORGANIZATION IS RECEIVING ANYTHING LESS THAN WHAT IT IS
 RECEIVING FROM THE CABLE OPERATOR ON THE EFFECTIVE DATE OF  THIS  LEGIS-
 LATION, AND PROVIDED, HOWEVER, THAT EVERY LOCAL ENTITY SHALL BE ENTITLED
 TO  A  PAYMENT  OF  NOT LESS THAN TWO PERCENT FROM THE HOLDER OF A STATE
 FRANCHISE FOR THE ONGOING SUPPORT OF THE  COST  OF  PEG  FACILITIES  AND
 SERVICES.  IF,  ON  DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, A LOCAL
 ENTITY OR ITS DESIGNEE WAS IMPOSING A SEPARATE FEE TO SUPPORT PEG  CHAN-
 NEL  FACILITIES  THAT  IS  IN  EXCESS OF TWO PERCENT, THAT ENTITY OR ITS
 DESIGNEE MAY ESTABLISH A FEE NO GREATER THAN THAT SEPARATE FEE,  AND  IN
 NO  EVENT  GREATER THAN THREE PERCENT, TO SUPPORT PEG ACTIVITIES. IF THE
 PEG SUPPORT FEE IMPOSED BY A LOCAL ENTITY OR ITS DESIGNEE  IS  EXPRESSED
 IN  A  MANNER  OTHER  THAN  AS A PERCENTAGE OF GROSS REVENUES, THE LOCAL
 ENTITY OR ITS DESIGNEE COMMUNITY ACCESS ORGANIZATION  MAY  CONVERT  THAT
 FEE  TO A CURRENTLY EQUIVALENT PERCENTAGE OF GROSS REVENUES AT ANY TIME.
 THE LOCAL  ENTITY  OR  ITS  DESIGNEE  MAY  ADOPT  REQUIREMENTS  FOR  THE
 PROVISION  OF  PEG-RELATED  IN-KIND  RESOURCES  BY  ALL  CABLE AND VIDEO
 SERVICE PROVIDERS.
   12. RULES AND REGULATIONS ADOPTED BY THE COMMUNITY ACCESS ORGANIZATION
 SHALL GOVERN THE USE OF ANY CHANNEL TIME ON THE PUBLIC CHANNELS AS  WELL
 AS  THE  EQUIPMENT,  FACILITIES AND SERVICES RELATED TO THE PUBLIC CHAN-
 NELS.
   13. THE COMMISSION, THROUGH AN ADMINISTRATIVE  PROCEEDING  SHALL  HAVE
 THE ORIGINAL JURISDICTION TO ENFORCE ANY REQUIREMENTS UNDER THIS SECTION
 TO  RESOLVE  ANY  DISPUTE  REGARDING  THE REQUIREMENTS SET FORTH IN THIS
 SECTION. AFTER THE ADMINISTRATIVE  PROCESS  IS  EXHAUSTED,  A  COURT  OF
 COMPETENT  JURISDICTION  SHALL HAVE JURISDICTION TO ENFORCE ANY REQUIRE-
 MENT UNDER THIS SECTION OR RESOLVE ANY DISPUTE  REGARDING  THE  REQUIRE-
 MENTS  SET  FORTH  IN  THIS SECTION, AND NO CABLE OPERATOR MAY BE BARRED
 FROM THE PROVISION OF CABLE SERVICE OR BE REQUIRED  TO  TERMINATE  CABLE
 SERVICE AS A RESULT OF SUCH DISPUTE OR ENFORCEMENT ACTION.
   §  241.    CABLE  OPERATOR'S  COMMUNITY COMMITMENT. 1. CABLE OPERATORS
 SHALL INSTALL AND RETAIN OR PROVIDE, WITHOUT CHARGE, ONE SERVICE  OUTLET
 ACTIVATED  FOR  BASIC  SERVICE  TO  ANY  AND  ALL  FIRE STATIONS, PUBLIC
 SCHOOLS, POLICE STATIONS, PUBLIC LIBRARIES AND OTHER SUCH BUILDINGS USED
 FOR MUNICIPAL PURPOSES.
   2. CABLE OPERATORS SHALL PROVIDE  INTERNET  SERVICE,  WITHOUT  CHARGE,
 THROUGH  ONE  SERVICE  OUTLET ACTIVATED FOR BASIC SERVICE TO ANY AND ALL
 FIRE STATIONS, PUBLIC SCHOOLS, POLICE STATIONS,  PUBLIC  LIBRARIES,  AND
 OTHER SUCH BUILDINGS USED FOR MUNICIPAL PURPOSES.
   §  242.  CONSUMER  PROTECTION  RULES.  1.  EVERY  CABLE OPERATOR SHALL
 PROVIDE SAFE, ADEQUATE AND RELIABLE SERVICE IN ACCORDANCE WITH  APPLICA-
 BLE  LAWS, REGULATIONS, AND FRANCHISE REQUIREMENTS. CABLE OPERATORS WITH
 A STATEWIDE FRANCHISE ARE SUBJECT TO THE REQUIREMENTS UNDER SECTIONS TWO
 HUNDRED TWENTY-FOUR AND TWO HUNDRED TWENTY-FOUR-A OF  THIS  CHAPTER  AND
 ANY  OTHER  CUSTOMER  SERVICE  STANDARDS  PERTAINING TO THE PROVISION OF
 VIDEO SERVICE ESTABLISHED BY FEDERAL LAW OR  REGULATION  OR  ADOPTED  BY
 SUBSEQUENT  ENACTMENT  OF  THE  LEGISLATURE.  ALL  CUSTOMER  SERVICE AND
 CONSUMER PROTECTION STANDARDS UNDER THIS SECTION  SHALL  BE  INTERPRETED
 AND APPLIED TO ACCOMMODATE NEWER OR DIFFERENT TECHNOLOGIES WHILE MEETING
 OR EXCEEDING THE GOALS OF THESE STANDARDS.
   2. IN ADDITION, CABLE OPERATORS SHALL:
   (A)  CLEARLY  AND  CONSPICUOUSLY DISCLOSE TO USERS, IN PLAIN LANGUAGE,
 ACCURATE INFORMATION CONCERNING ANY TERMS, CONDITIONS, OR LIMITATIONS ON
 THE BROADBAND NETWORK SERVICE THEY OFFER, THE SPEEDS OF THE DOWNLOAD AND
 UPLOADING SPEEDS OF THE PROVIDER'S INTERNET SERVICE;

 A. 4783                            13
 
   (B) PROVIDE THEIR BROADBAND NETWORK SERVICES ON REASONABLE AND NONDIS-
 CRIMINATORY TERMS AND CONDITIONS SUCH  THAT  ANY  PERSON  CAN  OFFER  OR
 PROVIDE  CONTENT,  APPLICATIONS, OR SERVICES TO OR OVER THE NETWORK IN A
 MANNER THAT IS AT LEAST EQUAL TO THE MANNER IN WHICH THE PROVIDER OR ITS
 AFFILIATES  OFFER  CONTENT,  APPLICATIONS,  AND  SERVICES,  FREE  OF ANY
 SURCHARGE ON THE BASIS OF THE CONTENT, APPLICATION, OR SERVICE;
   (C) INTERCONNECT THEIR FACILITIES WITH THE FACILITIES OF OTHER PROVID-
 ERS OF BROADBAND NETWORK SERVICES ON  REASONABLE  AND  NONDISCRIMINATORY
 TERMS OR CONDITIONS.
   §  243.  NEUTRAL  INTERNET AND BROADBAND NETWORKS. 1.  CABLE OPERATORS
 SHALL NOT:
   (A) BLOCK, IMPAIR, DISCRIMINATE AGAINST, OR INTERFERE WITH THE ABILITY
 OF ANY PERSON TO USE INTERNET BASED TRAFFIC BASED ON THE SOURCE,  DESTI-
 NATION, OR OWNERSHIP OF THE INTERNET TRAFFIC THAT CARRIES VIDEO SERVICE,
 IN A MANNER THAT DEGRADES OR OTHERWISE NEGATIVELY IMPACTS THE ACCESS TO,
 OR THE QUALITY OF SERVICES RECEIVED BY AN END USER;
   (B)  ENGAGE  IN  ANY  EXCLUSIVE OR PREFERENTIAL DEALINGS REGARDING THE
 CARRIAGE AND TREATMENT OF INTERNET TRAFFIC, INCLUDING, BUT  NOT  LIMITED
 TO,  TRAFFIC  THAT  CARRIES  VIDEO PROGRAMMING OR VIDEO SERVICE, WITH AN
 AFFILIATE OR THIRD PARTY PROVIDER OF  INTERNET  APPLICATIONS,  SERVICES,
 CONTENT, OR VIDEO SERVICES;
   (C) IMPOSE AN ADDITIONAL CHARGE TO AVOID ANY CONDUCT THAT IS PROHIBIT-
 ED BY THIS SECTION;
   (D) PROHIBIT A USER FROM ATTACHING OR USING A DEVICE ON THE PROVIDER'S
 INTERNET  OR  BROADBAND NETWORK THAT DOES NOT PHYSICALLY DAMAGE OR MATE-
 RIALLY DEGRADE OTHER USERS' UTILIZATION OF THE NETWORK.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT  A  BROADBAND
 OR INTERNET NETWORK PROVIDER FROM TAKING REASONABLE AND NONDISCRIMINATO-
 RY MEASURES:
   (A)  TO  MANAGE THE FUNCTIONING OF ITS NETWORK TO PROTECT THE SECURITY
 AND TO OFFER PARENTAL CONTROLS AND OTHER CONSUMER PROTECTION MEASURES OF
 SUCH NETWORK AND BROADBAND OR INTERNET NETWORK SERVICES IF SUCH  MANAGE-
 MENT  DOES NOT RESULT IN DISCRIMINATION AMONG THE CONTENT, APPLICATIONS,
 OR SERVICES ON THE NETWORK;
   (B) TO GIVE PRIORITY TO EMERGENCY COMMUNICATIONS; OR
   (C) TO PREVENT A VIOLATION OF A FEDERAL OR STATE  LAW,  OR  TO  COMPLY
 WITH  AN  ORDER  OF  A  COURT  TO ENFORCE SUCH LAW, OR SUCH OTHER ACTION
 AGAINST NETWORK THREATS AS MAY BE  AUTHORIZED  IN  SECTION  TWO  HUNDRED
 FIFTEEN OF THIS CHAPTER.
   §  244.  DEPLOYMENT REQUIREMENTS FOR STATEWIDE CABLE FRANCHISE. 1.  AS
 PART OF ANY FRANCHISE ISSUED BY THE COMMISSION IN THIS ARTICLE, A  CABLE
 OPERATOR SHALL BE REQUIRED TO:
   (A)  BEGIN PROVIDING CABLE SERVICE ON A COMMERCIAL BASIS, WITHIN THREE
 YEARS OF ISSUANCE OF THE SYSTEM-WIDE FRANCHISE, IN:
   (I) EACH COUNTY SEAT THAT IS WITHIN THE CATV COMPANY'S  SERVICE  AREA;
 AND
   (II) EACH MUNICIPALITY WITHIN THE CATV COMPANY'S SERVICE AREA THAT HAS
 A POPULATION DENSITY GREATER THAN SEVENTY-ONE HUNDRED ELEVEN PERSONS PER
 SQUARE  MILE  OF  LAND  AREA,  AS  DETERMINED BY THE MOST RECENT FEDERAL
 DECENNIAL CENSUS, PROVIDED, HOWEVER, THAT IF SUCH COUNTY SEATS  ARE  NOT
 LOCATED  WITHIN  OR  CONTIGUOUS TO SUCH MUNICIPALITIES, EACH SUCH COUNTY
 SEAT SHALL BE INTERCONNECTED TO THE NEAREST MUNICIPALITY  WITH  A  POPU-
 LATION  DENSITY GREATER THAN PERSONS PER SQUARE MILE OF LAND AREA BY THE
 CABLE OPERATOR; AND

 A. 4783                            14
 
   (B) MAKE CABLE TELEVISION SERVICE AVAILABLE THROUGHOUT THE RESIDENTIAL
 AREAS ON A COMMERCIAL BASIS, BEFORE THE  BEGINNING  OF  THE  SIXTH  YEAR
 AFTER THE ISSUANCE OF THE SYSTEM-WIDE FRANCHISE, IN:
   (I)  EACH  MUNICIPALITY WITHIN THE STATE THAT HAS A POPULATION DENSITY
 GREATER THAN FIVE HUNDRED ONE PERSONS PER SQUARE MILE OF LAND  AREA,  AS
 DETERMINED BY THE MOST RECENT FEDERAL DECENNIAL CENSUS; AND
   (II)  THROUGHOUT THE RESIDENTIAL AREAS OF ANY MUNICIPALITIES SERVED BY
 CENTRAL OFFICES LOCATED WITHIN A COUNTY  SEAT  WITHIN  THE  FRANCHISEE'S
 SERVICE  AREA,  SUBJECT  TO  THE CABLE OPERATOR'S LINE EXTENSION POLICY;
 PROVIDED, HOWEVER, A CATV COMPANY MAY APPLY TO  THE  COMMISSION  FOR  AN
 EXEMPTION  FROM  THIS REQUIREMENT IF THE BOARD FINDS, AFTER CONDUCTING A
 HEARING WITH FULL NOTICE AND OPPORTUNITY TO BE HEARD, THAT THE AREAS  IN
 QUESTION  ARE  AREAS  IN  WHICH THE CATV COMPANY IS UNABLE TO ACCESS THE
 PUBLIC RIGHTS-OF-WAY UNDER REASONABLE TERMS AND CONDITIONS.
   2. THE REQUIREMENTS OF SUBDIVISION ONE  OF  THIS  SECTION  SHALL  ONLY
 APPLY  TO  CABLE  OPERATORS  THAT  ON  THE  DATE  OF THE ISSUANCE OF THE
 SYSTEM-WIDE FRANCHISE PROVIDE MORE  THAN  FORTY  PERCENT  OF  THE  LOCAL
 EXCHANGE  TELEPHONE SERVICE MARKET IN THIS STATE; AND TO CABLE OPERATORS
 THAT ON THE DATE OF THE ISSUANCE OF THE  SYSTEM-WIDE  FRANCHISE  PROVIDE
 TWO  HUNDRED  FIFTY  THOUSAND  OR MORE LOCAL EXCHANGE TELEPHONE LINES IN
 THIS STATE;
   3. INCUMBENT CABLE COMPANIES THAT BECOME STATEWIDE  FRANCHISE  HOLDERS
 SHALL  NOT  REDUCE  THE  NUMBER OR PERCENTAGE OF HOUSEHOLDS SERVED; WILL
 BUILD OUT TO ALL RESIDENTIAL HOUSEHOLDS SUBJECT TO THE  OPERATOR'S  LINE
 EXTENSION  POLICY  WITHIN THREE YEARS; AND WILL UPGRADE THEIR FACILITIES
 TO THE ENTIRE SERVICE AREA WITHIN THREE YEARS  OF  THE  DATE  THE  CABLE
 OPERATOR UPGRADES ANY PART OF ITS FACILITIES.
   4. WITHIN THREE YEARS OF THE ISSUANCE OF THE SYSTEM-WIDE FRANCHISE ALL
 OTHER  STATEWIDE FRANCHISE HOLDERS SHALL FULLY COMPLETE A SYSTEM CAPABLE
 OF PROVIDING CABLE SERVICE TO ALL HOUSEHOLDS WITHIN THE CABLE OPERATOR'S
 SERVICE AREA, SUBJECT TO THE CABLE OPERATOR'S LINE EXTENSION POLICY.
   § 245.  DISCRIMINATION IN THE PROVISIONING OF SERVICE  PROHIBITED.  1.
 THE  FRANCHISE HOLDER SHALL BECOME CAPABLE OF PROVIDING CABLE SERVICE TO
 ALL HOUSEHOLDS WITHIN THE DESIGNATED SERVICE  AREA  FOOTPRINT.  A  CABLE
 OPERATOR  THAT HAS BEEN GRANTED A STATEWIDE FRANCHISE UNDER THIS ARTICLE
 SHALL NOT DENY ACCESS TO CABLE SERVICE TO ANY GROUP OF  POTENTIAL  RESI-
 DENTIAL  SUBSCRIBERS  BECAUSE  OF THE INCOME OR RACE OF THE RESIDENTS IN
 THE LOCAL AREA IN WHICH SUCH GROUP RESIDES. A FRANCHISEE MUST SUBMIT  TO
 THE  COMMISSION  A DEPLOYMENT SCHEDULE, SETTING FORTH THE MUNICIPALITIES
 TO BE SERVED, THE DATE SERVICE SHALL  BEGIN  IN  EACH  PROPOSED  MUNICI-
 PALITY,  AND  A  DATE  CERTAIN  BY  WHICH EACH COMMUNITY WILL BE ABLE TO
 RECEIVE CABLE SERVICE. THE COMMISSION WILL  ENSURE  THAT  THE  BUILD-OUT
 PROCESS  IS  NOT  DISCRIMINATORY  BASED  ON  AN AREA'S CLASS OR RACE. IF
 DEPLOYMENT OF CABLE SERVICES UNDER A STATEWIDE  FRANCHISE  IS  SCHEDULED
 FOR DEPLOYMENT IN A GIVEN AREA, THE CABLE OPERATOR MUST OFFER SERVICE TO
 ALL RESIDENTS WITHIN THE GEOGRAPHIC AREA OR THE COMMISSION MAY TERMINATE
 THE  FRANCHISE  PURSUANT TO SECTION TWO HUNDRED THIRTY-SIX OF THIS ARTI-
 CLE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  FRANCHISE  HOLDER
 SHALL  COMPLY  WITH  CUSTOMER  SERVICE REQUIREMENTS SET FORTH IN ARTICLE
 ELEVEN OF THIS CHAPTER, AT 47 C.F.R.  § 76.309(C) AND ANY OTHER CUSTOMER
 SERVICE STANDARDS PERTAINING TO THE PROVISION OF  VIDEO  SERVICE  ESTAB-
 LISHED  BY  FEDERAL  LAW OR REGULATION OR BY SUBSEQUENT ENACTMENT OF THE
 LEGISLATURE. ALL CUSTOMER  SERVICE  AND  CONSUMER  PROTECTION  STANDARDS
 UNDER THIS SECTION SHALL BE INTERPRETED AND APPLIED TO ACCOMMODATE NEWER

 A. 4783                            15

 OR  DIFFERENT TECHNOLOGIES WHILE MEETING OR EXCEEDING THE GOALS OF THESE
 STANDARDS.
   3.  IF  THE  COMMISSION  DETERMINES  THAT  A CABLE OPERATOR HAS DENIED
 ACCESS OF CABLE SERVICE TO A GROUP OF POTENTIAL RESIDENTIAL  SUBSCRIBERS
 BECAUSE OF THE INCOME LEVELS OF THE RESIDENTS OF THE LOCAL AREA IN WHICH
 SUCH  GROUP  RESIDES  OR  HAS  FAILED  TO  MEET THE REQUIREMENTS OF THIS
 SECTION, THE COMMISSION IS AUTHORIZED TO,  AFTER  CONDUCTING  A  HEARING
 WITH  FULL NOTICE AND OPPORTUNITY TO BE HEARD, IMPOSE MONETARY PENALTIES
 OF NOT LESS THAN FIFTY THOUSAND DOLLARS, NOR MORE THAN ONE HUNDRED THOU-
 SAND DOLLARS PER MUNICIPALITY, NOT TO EXCEED A TOTAL  OF  THREE  MILLION
 SIX  HUNDRED FIFTY THOUSAND DOLLARS PER YEAR FOR ALL VIOLATIONS. A MUNI-
 CIPALITY IN WHICH THE PROVIDER OFFERS CABLE SERVICE SHALL BE  AN  APPRO-
 PRIATE PARTY IN ANY SUCH PROCEEDING.
   §  246. ENFORCEMENT. THE EXCLUSIVE REMEDY FOR ENFORCING THE PROVISIONS
 OF THIS ARTICLE, NOTWITHSTANDING  SPECIFIC  SECTIONS  OF  THIS  ARTICLE,
 SHALL  BE  AN  ACTION  IN  A  COURT OF COMPETENT JURISDICTION BROUGHT BY
 EITHER THE MUNICIPALITY, THE ATTORNEY GENERAL ON BEHALF OF  THE  COMMIS-
 SION OR OTHER INJURED PARTY. AT LEAST SIXTY DAYS BEFORE BRINGING SUCH AN
 ACTION,  THE  MUNICIPALITY OR ATTORNEY GENERAL SHALL SERVE THE FRANCHISE
 HOLDER WITH A NOTICE SETTING OUT THE ALLEGED VIOLATION AND STATING  THAT
 AN  ACTION  MAY  BE  BROUGHT  UNLESS  THE  HOLDER  CORRECTS  THE ALLEGED
 VIOLATION OR ENTERS INTO A BINDING AGREEMENT TO  CORRECT  THE  VIOLATION
 WITHIN  THE  SIXTY-DAY  NOTICE PERIOD. THE NOTICE SHALL CONTAIN A SUFFI-
 CIENTLY DETAILED DESCRIPTION OF THE  ALLEGED  VIOLATION  TO  ENABLE  THE
 FRANCHISE HOLDER TO MAKE A SPECIFIC RESPONSE.
   § 2. This act shall take effect immediately.