Legislation
SECTION 224
Requirement for adequate service
Public Service (PBS) CHAPTER 48, ARTICLE 11
§ 224. Requirement for adequate service. 1. Every cable television
company shall provide safe, adequate and reliable service in accordance
with applicable laws, regulations, and franchise requirements.
2. Whenever, upon complaint or upon its own motion, and after public
notice and opportunity for hearing, the commission finds that, despite
its economic feasibility, the construction or operation of a franchised
or certificated cable television system has been unreasonably delayed or
that the extension of service to any persons or areas within a cable
television company's territory has been unreasonably withheld, it may
order such construction, operation or extension on such terms and
conditions as it deems reasonable and in the public interest.
3. Whenever, upon complaint or upon its own motion and after public
notice and opportunity for hearing, the commission finds that a cable
television company is not meeting the service requirements and
obligations imposed by this article, by the regulations promulgated
hereunder or by its franchise, it may order compliance therewith on such
terms and conditions as it deems reasonable and in the public interest.
4. In a city with a population of more than one million, the
commission shall designate areas where significant inconsistent
installations of cable television systems may be proposed, and, as
appropriate, conduct public hearings in such areas. The commission shall
also conduct such other proceedings as are necessary to determine
whether such inconsistent installations will have an adverse impact on
the character of said areas and are warranted by economic and technical
circumstances. The commission may order or permit construction by a
cable television company of its facilities in an inconsistent manner
only upon such terms and conditions as shall ensure the availability of
cable television service to the largest number of potential subscribers
consistent with the character of the community and economic and
technical feasibility. The commission shall enjoin construction which it
determines is contrary to the intent of this subdivision.
5. Failure to comply with an order of the commission issued under
subdivisions two, three or four of this section shall be grounds for
denial, suspension or revocation of the right to exercise a franchise or
to operate pursuant to a certificate of confirmation.
company shall provide safe, adequate and reliable service in accordance
with applicable laws, regulations, and franchise requirements.
2. Whenever, upon complaint or upon its own motion, and after public
notice and opportunity for hearing, the commission finds that, despite
its economic feasibility, the construction or operation of a franchised
or certificated cable television system has been unreasonably delayed or
that the extension of service to any persons or areas within a cable
television company's territory has been unreasonably withheld, it may
order such construction, operation or extension on such terms and
conditions as it deems reasonable and in the public interest.
3. Whenever, upon complaint or upon its own motion and after public
notice and opportunity for hearing, the commission finds that a cable
television company is not meeting the service requirements and
obligations imposed by this article, by the regulations promulgated
hereunder or by its franchise, it may order compliance therewith on such
terms and conditions as it deems reasonable and in the public interest.
4. In a city with a population of more than one million, the
commission shall designate areas where significant inconsistent
installations of cable television systems may be proposed, and, as
appropriate, conduct public hearings in such areas. The commission shall
also conduct such other proceedings as are necessary to determine
whether such inconsistent installations will have an adverse impact on
the character of said areas and are warranted by economic and technical
circumstances. The commission may order or permit construction by a
cable television company of its facilities in an inconsistent manner
only upon such terms and conditions as shall ensure the availability of
cable television service to the largest number of potential subscribers
consistent with the character of the community and economic and
technical feasibility. The commission shall enjoin construction which it
determines is contrary to the intent of this subdivision.
5. Failure to comply with an order of the commission issued under
subdivisions two, three or four of this section shall be grounds for
denial, suspension or revocation of the right to exercise a franchise or
to operate pursuant to a certificate of confirmation.