State Codes and Statutes

Statutes > New-york > Pbs > Article-11 > 212

§ 212. 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   television  company,"  shall  mean  any  person  owning,  controlling, operating, managing or leasing one or more cable television  systems within the state.    2. "Cable television system" shall mean any system which operates  for  hire  the  service of receiving and amplifying programs broadcast by one  or more television or radio stations or any other programs originated by  a cable television company or by any other party, and distributing  such  programs  by  wire,  cable, microwave or other means, whether such means  are owned or leased, to  persons  in  one  or  more  municipalities  who  subscribe  to  such  service.  Such definition does not include: (a) any  system which serves fewer than fifty  subscribers;  or  (b)  any  master  antenna television system.    3.  "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.    4.  "Gross  annual  receipts"  shall  mean  any  and  all compensation  received directly or indirectly by a cable television company  from  its  operations  within the state, including but not limited to sums received  from subscribers or  users  in  payment  for  programs  received  and/or  transmitted,  advertising  and  carrier  service  revenue  and any other  moneys that constitute income in accordance with the system of  accounts  approved by the commission.    Gross  annual  receipts  shall  not  include  any  taxes  on  services  furnished  by  a  cable  television  company  imposed  directly  on  any  subscriber  or  user  by  any municipality, state, or other governmental  unit and collected by the company for such governmental unit.    5. "Master antenna television system"  shall  mean  any  system  which  serves  only  the  residents  of  one  or more apartment dwellings under  common  ownership,  control  or  management,  unless  such  system  uses  facilities located in a public right of way to provide service.    6.  "Municipality"  shall  mean  any village, town, city or county not  wholly contained within a city in the state.    7.  "State  agency"  shall  mean  any   office,   department,   board,  commission,    bureau,   division,   public   corporation,   agency   or  instrumentality of the state.    8.  "Person"  shall  mean  any   individual,   trustee,   partnership,  association, corporation or other legal entity.    9.  "Program"  shall mean any broadcast type program, signal, message,  graphics, data, or communication content service.    10. "Downgrade" shall mean  a  change  in  service  initiated  by  the  subscriber  to  a  less  expensive  service  tier than the one currently  subscribed to.    11. "Network" shall mean a group of  programs  distributed,  packaged,  promoted  or  sold  to  subscribers  as the offering of a single entity,  including but not limited to, a channel or station.    12. "Service tier" shall mean a category of cable television  services  or other services provided by a cable television company and for which a  rate  or  fee is charged by the cable television company, including, but  not limited to, basic services, premium networks or services,  recurring  pay-per-view  services  and other categories of cable services for which  there are additional charges.    13. "Network change" shall mean  the  removal  of  a  network  from  a  service  tier  whether  or  not  added  to another tier or a substantial  alteration of the character of a network by a cable  television  companyor an affiliate it controls. Notwithstanding the foregoing, the addition  of  a  network  to  a  service  tier for promotional purposes where such  purpose is clearly disclosed to the subscriber and is for  a  period  of  time  not  exceeding  thirty-one  days,  the subsequent deletion of such  network after the termination of the promotion, shall not be a  "network  change".    14.  "Significant  programming  change"  shall  mean  the  removal  or  alteration of recurring programming which materially changes the quality  or level of programming on a network, provided however, such term  shall  not  include  deletions  of  programs mandated by the regulations of the  federal communications commission, nor shall  it  include  deletions  of  programs that are distributed by the cable television company in lieu of  such  programs  deleted  pursuant  to  such  regulations  of the federal  communications commission.

State Codes and Statutes

Statutes > New-york > Pbs > Article-11 > 212

§ 212. 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   television  company,"  shall  mean  any  person  owning,  controlling, operating, managing or leasing one or more cable television  systems within the state.    2. "Cable television system" shall mean any system which operates  for  hire  the  service of receiving and amplifying programs broadcast by one  or more television or radio stations or any other programs originated by  a cable television company or by any other party, and distributing  such  programs  by  wire,  cable, microwave or other means, whether such means  are owned or leased, to  persons  in  one  or  more  municipalities  who  subscribe  to  such  service.  Such definition does not include: (a) any  system which serves fewer than fifty  subscribers;  or  (b)  any  master  antenna television system.    3.  "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.    4.  "Gross  annual  receipts"  shall  mean  any  and  all compensation  received directly or indirectly by a cable television company  from  its  operations  within the state, including but not limited to sums received  from subscribers or  users  in  payment  for  programs  received  and/or  transmitted,  advertising  and  carrier  service  revenue  and any other  moneys that constitute income in accordance with the system of  accounts  approved by the commission.    Gross  annual  receipts  shall  not  include  any  taxes  on  services  furnished  by  a  cable  television  company  imposed  directly  on  any  subscriber  or  user  by  any municipality, state, or other governmental  unit and collected by the company for such governmental unit.    5. "Master antenna television system"  shall  mean  any  system  which  serves  only  the  residents  of  one  or more apartment dwellings under  common  ownership,  control  or  management,  unless  such  system  uses  facilities located in a public right of way to provide service.    6.  "Municipality"  shall  mean  any village, town, city or county not  wholly contained within a city in the state.    7.  "State  agency"  shall  mean  any   office,   department,   board,  commission,    bureau,   division,   public   corporation,   agency   or  instrumentality of the state.    8.  "Person"  shall  mean  any   individual,   trustee,   partnership,  association, corporation or other legal entity.    9.  "Program"  shall mean any broadcast type program, signal, message,  graphics, data, or communication content service.    10. "Downgrade" shall mean  a  change  in  service  initiated  by  the  subscriber  to  a  less  expensive  service  tier than the one currently  subscribed to.    11. "Network" shall mean a group of  programs  distributed,  packaged,  promoted  or  sold  to  subscribers  as the offering of a single entity,  including but not limited to, a channel or station.    12. "Service tier" shall mean a category of cable television  services  or other services provided by a cable television company and for which a  rate  or  fee is charged by the cable television company, including, but  not limited to, basic services, premium networks or services,  recurring  pay-per-view  services  and other categories of cable services for which  there are additional charges.    13. "Network change" shall mean  the  removal  of  a  network  from  a  service  tier  whether  or  not  added  to another tier or a substantial  alteration of the character of a network by a cable  television  companyor an affiliate it controls. Notwithstanding the foregoing, the addition  of  a  network  to  a  service  tier for promotional purposes where such  purpose is clearly disclosed to the subscriber and is for  a  period  of  time  not  exceeding  thirty-one  days,  the subsequent deletion of such  network after the termination of the promotion, shall not be a  "network  change".    14.  "Significant  programming  change"  shall  mean  the  removal  or  alteration of recurring programming which materially changes the quality  or level of programming on a network, provided however, such term  shall  not  include  deletions  of  programs mandated by the regulations of the  federal communications commission, nor shall  it  include  deletions  of  programs that are distributed by the cable television company in lieu of  such  programs  deleted  pursuant  to  such  regulations  of the federal  communications commission.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-11 > 212

§ 212. 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   television  company,"  shall  mean  any  person  owning,  controlling, operating, managing or leasing one or more cable television  systems within the state.    2. "Cable television system" shall mean any system which operates  for  hire  the  service of receiving and amplifying programs broadcast by one  or more television or radio stations or any other programs originated by  a cable television company or by any other party, and distributing  such  programs  by  wire,  cable, microwave or other means, whether such means  are owned or leased, to  persons  in  one  or  more  municipalities  who  subscribe  to  such  service.  Such definition does not include: (a) any  system which serves fewer than fifty  subscribers;  or  (b)  any  master  antenna television system.    3.  "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.    4.  "Gross  annual  receipts"  shall  mean  any  and  all compensation  received directly or indirectly by a cable television company  from  its  operations  within the state, including but not limited to sums received  from subscribers or  users  in  payment  for  programs  received  and/or  transmitted,  advertising  and  carrier  service  revenue  and any other  moneys that constitute income in accordance with the system of  accounts  approved by the commission.    Gross  annual  receipts  shall  not  include  any  taxes  on  services  furnished  by  a  cable  television  company  imposed  directly  on  any  subscriber  or  user  by  any municipality, state, or other governmental  unit and collected by the company for such governmental unit.    5. "Master antenna television system"  shall  mean  any  system  which  serves  only  the  residents  of  one  or more apartment dwellings under  common  ownership,  control  or  management,  unless  such  system  uses  facilities located in a public right of way to provide service.    6.  "Municipality"  shall  mean  any village, town, city or county not  wholly contained within a city in the state.    7.  "State  agency"  shall  mean  any   office,   department,   board,  commission,    bureau,   division,   public   corporation,   agency   or  instrumentality of the state.    8.  "Person"  shall  mean  any   individual,   trustee,   partnership,  association, corporation or other legal entity.    9.  "Program"  shall mean any broadcast type program, signal, message,  graphics, data, or communication content service.    10. "Downgrade" shall mean  a  change  in  service  initiated  by  the  subscriber  to  a  less  expensive  service  tier than the one currently  subscribed to.    11. "Network" shall mean a group of  programs  distributed,  packaged,  promoted  or  sold  to  subscribers  as the offering of a single entity,  including but not limited to, a channel or station.    12. "Service tier" shall mean a category of cable television  services  or other services provided by a cable television company and for which a  rate  or  fee is charged by the cable television company, including, but  not limited to, basic services, premium networks or services,  recurring  pay-per-view  services  and other categories of cable services for which  there are additional charges.    13. "Network change" shall mean  the  removal  of  a  network  from  a  service  tier  whether  or  not  added  to another tier or a substantial  alteration of the character of a network by a cable  television  companyor an affiliate it controls. Notwithstanding the foregoing, the addition  of  a  network  to  a  service  tier for promotional purposes where such  purpose is clearly disclosed to the subscriber and is for  a  period  of  time  not  exceeding  thirty-one  days,  the subsequent deletion of such  network after the termination of the promotion, shall not be a  "network  change".    14.  "Significant  programming  change"  shall  mean  the  removal  or  alteration of recurring programming which materially changes the quality  or level of programming on a network, provided however, such term  shall  not  include  deletions  of  programs mandated by the regulations of the  federal communications commission, nor shall  it  include  deletions  of  programs that are distributed by the cable television company in lieu of  such  programs  deleted  pursuant  to  such  regulations  of the federal  communications commission.