Section 224-A. Consumer protection

1. Notification of commission. Every
  cable television company shall notify  the  commission  of  any  network
  change  or  significant  programming  change  no  later  than  the later
  occurring of forty-five days prior to the network change or  significant
  programming  change  or  five  business  days after the cable television
  company first knows of such change.
    2. Notification of subscribers. (a)  Every  cable  television  company
  shall  notify  each  of its subscribers who are receiving the network of
  programming subject to change or are affected by  a  network  change  or
  significant  programming  change  of such change no later than the later
  occurring of thirty-days prior to such change or thirty days  after  the
  cable television company first knows of such change.
    (b)  Such notice shall be given to each affected subscriber in any one
  of the following forms:
    (1) (i) by the mailing of separate written notice to the  subscriber's
  billing address of record;
    (ii) by a written notation printed on the subscriber's regular billing
  statement; or
    (iii)  by  a  written  notice  accompanying  the  subscriber's regular
  billing statement.
    (2) Such notice shall also promptly be given by  a  written  on-screen
  visual  message prominently displayed on the affected television program
  channel or channels, and on the program listing  channel  of  the  cable
  system,  if  one is provided, at least once each hour for no less than a
  thirty-day period.
    (c) Upon application of a cable television company, the commission may
  order that no notice need be provided pursuant to this subdivision  upon
  a  written  finding  under standards to be promulgated by the commission
  that a change was not a network change or significant programming change
  as defined in subdivisions thirteen and fourteen of section two  hundred
  twelve of this article.
    (d) Upon application of a cable television company, the commission may
  order  that  an applicable form of notice as defined in paragraph (b) of
  this subdivision or notice period as provided for in  paragraph  (a)  of
  this  subdivision  be  changed  for  a particular notice, upon a written
  finding that such an order is in the best interests of  the  subscribers
  or  is  otherwise  warranted for reasons of practicality. Upon a written
  finding that a cable television company's compliance  with  subparagraph
  two  of paragraph (b) of this subdivision is technically unfeasible, the
  commission may grant to such company a general waiver of compliance. Any
  cable television company granted  a  general  waiver  pursuant  to  this
  paragraph  shall  notify  the commission within three days if compliance
  becomes technically feasible.
    (e) Upon application of a subscriber  or  upon  its  own  motion,  the
  commission  may order that a particular notice be sent to subscribers as
  the commission shall determine to be appropriate. The  commission  shall
  make such order only upon finding that the subscribers who shall receive
  notice  thereunder  are  receiving the network or programming subject to
  the change or will be affected by  the  network  change  or  significant
  programming change.
    (f) Notification under this subdivision shall include a description of
  the subscriber's rights under this section, as applicable.
    3.  Failure  to  give  notice.  If a cable television company fails to
  comply with the notice requirements of subdivision two of this  section,
  any  subscribers  affected  thereby  may  downgrade  or  terminate their
  service without charge at any time up to thirty-days after the  date  on
  which  proper  notice  of  such change is provided and such downgrade or

  termination shall be deemed effective for billing purposes on  the  date
  of such change.
    4.  Rate,  programming,  service and equipment information.   (a) Each
  cable television company shall provide to each of its subscribers at the
  time of the initial subscription and at least semi-annually thereafter a
  written description, materially accurate as of  the  first  day  of  the
  previous  month,  of  all  programming and other services offered on the
  cable television system and of the rates and charges  relating  to  such
  programming  and  other services; provided however, that with respect to
  the  provision  of  such  description  to  new  subscribers  the   cable
  television  company  shall  also  provide  any  notices required by this
  article not included in such written description that have been provided
  to current subscribers as of the date of the initial subscription.  Such
  written   description   shall,  in  addition,  contain  a  statement  of
  significant rights accorded the subscriber pursuant to this article  and
  any  other  law,  or rules and regulations promulgated pursuant thereto,
  such statement to be in a form approved by, or  at  the  option  of  the
  cable  television  company,  prepared  and  revised  as appropriate on a
  quarterly basis, by the commission. The commission may extend  the  time
  within  which  a  cable  television  company  must  make its semi-annual
  mailing where such an extension is in the  interest  of  such  company's
  subscribers  or is otherwise warranted for reasons of practicality. Upon
  a finding that a cable television company bills its subscribers only  on
  an  annual  basis  by  use  of a coupon book, and makes no other regular
  mailing to subscribers more often than quarterly, the  commission  shall
  allow  such cable television company to mail such written description to
  its subscribers annually.
    (b) Each cable television company shall provide  to  each  person  who
  requests  information  concerning rates, programming, service charges or
  procedures,  or  who  requests  any  change  of   service,   a   written
  description,  materially  accurate  as  of the first day of the previous
  month, of the programs and services offered and of the rates and charges
  relating to such programs and services. Such written description  shall,
  in  addition,  contain  a  statement  of significant rights accorded the
  subscriber pursuant to this article and any  other  law,  or  rules  and
  regulations promulgated pursuant thereto, such statement to be in a form
  approved  by, or at the option of the cable television company, prepared
  and revised as appropriate on a quarterly basis, by the commission.  Any
  person who makes such a request in person to a cable television customer
  service  representative or salesperson must immediately be supplied with
  a copy of such written description. Any person who makes  a  request  by
  telephone  must  be supplied with such written description sent by first
  class mail within ten business days of such request.
    (c) Each cable television company shall provide each customer  service
  representative  and  each  salesperson  with  copies of the most current
  written description and shall advise them of the  requirements  of  this
  section.
    5. Downgrade and termination following notice of a network change or a
  significant  programming change. Where an affected subscriber, following
  receipt of the notice required under paragraph (a) of subdivision two of
  this section, elects in  person,  in  writing  or  by  telephone  within
  forty-five  days  of receiving such notice to have service terminated or
  to downgrade, no charge may be imposed by the cable  television  company
  for such downgrade or termination.
    6.  Discontinuance  of  significantly  promoted programming.   (a) All
  cable television companies shall maintain for one year  or  such  longer
  period,  not  to  exceed  three  years,  as  the  commission  shall deem
  necessary for the enforcement of this section, and make available to the

  commission on request, copies of  all  advertisements,  lists  or  other
  notifications  regarding  programming  sent  to or made available to the
  public.
    (b)  Any  cable television company which promotes repeatedly, and in a
  significant manner, the availability of a network on its  basic  service
  tier and within a period of six months following such promotion, makes a
  network  change  by moving such network from the basic service tier to a
  more expensive service tier, shall:
    (1) for a period of ninety days  immediately  following  such  network
  change, provide oral and written notification prior to any commitment to
  subscribe and prior to installation, that such network is not available,
  or is not offered at the service tier where it was previously available,
  or was advertised as being available; and
    (2)  offer  to  all  affected  subscribers who request modification of
  service  within  thirty  days   following   notification   pursuant   to
  subdivision  two of this section and who commenced their subscription to
  the  basic  service  tier  within  the  ninety  day  period  immediately
  preceding  the  final day of such promotion or immediately preceding the
  date on which such network was moved to the premium tier,  whichever  is
  earlier,  or who commenced their subscription prior to the date on which
  such network was moved but within  the  ninety  day  period  immediately
  following  the  final  day  of  such  promotion  and provide to all such
  subscribers: either (i) refunds of all installation, upgrade, and  other
  one time charges, imposed on such subscribers within six months prior to
  such  moving of such network, upon request by an affected subscriber for
  termination of service, or (ii) (A) an  upgrade  at  no  charge  to  the
  premium  service  tier  which  carries such network, and (B) the premium
  service tier which carries such network at no charge for the time period
  between the last day of the promotion and six months hence.
    (c) Where any cable television company promotes repeatedly, and  in  a
  significant  manner,  the  availability  on  the basic service tier of a
  network which is subject to the notice requirements of  subdivision  two
  of  this section and, within six months of such promotion, fails, except
  in circumstances described in paragraph (b) of this subdivision, to make
  available such network as promoted, and the discontinued network was (1)
  a substantial inducement to a significant number of subscribers, and (2)
  continues to be reasonably available to the  cable  television  company,
  such  cable  television  company  shall,  within  thirty  days following
  notification pursuant to subdivision two of this section, offer  to  all
  affected  subscribers  who  commenced  their  subscription  to the basic
  service tier within the ninety  day  period  immediately  preceding  the
  final  day  of such promotion or immediately preceding the date on which
  such network was discontinued, whichever is earlier,  or  who  commenced
  their  subscription  prior  to  the  date  on  which  such  network  was
  discontinued but within the ninety day period immediately following  the
  final  day  of  such promotion, and upon the request of such subscribers
  provide: either (i) a termination of  service  and  the  refund  of  all
  installation,  upgrade,  and  other  one  time  charges, imposed on such
  subscribers within six  months  prior  to  the  discontinuance  of  such
  network,  or  (ii)  the  continuation  of  service  and  a credit to all
  subscribers  who  request  such  credit  equal  to  a  portion  of   the
  subscriber's  basic  service tier charges for each month or portion of a
  month that such network is not available in the period of  time  between
  the  last  day  of the promotion and six months hence, provided however,
  that any such subscriber who elects to receive such a  credit  of  basic
  service  tier  changes  and  who  disputes the amount of such credit may
  petition the commission for a higher amount of credit within thirty days
  of the offer of credit made by the cable television  company.  Upon  any

  such  petition  the  commission shall determine the amount of credit, if
  any, which shall be provided to all qualified  subscribers  unless  such
  group  relief  is  unreasonable in the circumstances. In determining the
  amount  of  the  credit, if any, to be provided to such subscribers by a
  cable television company, the commission shall fix a fair and  equitable
  amount.    In fixing such fair and equitable amount the commission shall
  consider:
    (I) the nature, type, frequency and impact  of  any  notices  provided
  subscribers  that may have provided warning that such a network might be
  removed or replaced or lack of  such  notice,  (II)  the  value  to  the
  affected  subscribers  of  such  network, (III) the relative cost to the
  cable television company of such network as  determined  from  published
  network  rate  cards, (IV) the value to subscribers, and the cost to the
  cable television company, of any network which has been substituted  for
  the  terminated  network  or  provided  in lieu of such network, (V) the
  availability  or  nonavailability,  at  no  additional   cost   to   the
  subscriber,  of any continuing program or network offerings which may be
  similar in type or nature to that provided by  the  terminated  network,
  and  (VI) the nature, type, frequency and impact of the promotion by the
  cable television company of the terminated network and, (VII) any  other
  factor   which   the  commission  shall  expressly  find  to  be  fairly
  applicable. Notwithstanding any other provision of this subdivision,  in
  no  event  shall  the commission require that such a credit be made by a
  cable television  company  in  an  amount  to  exceed  thirty-three  and
  one-third  percent  of the basic service tier charges billed or billable
  to the subscriber who requests such credit for each month or portion  of
  a  month that the subject network is not available in the period of time
  between the last day of the promotion  and  six  months  hence.  If  the
  commission  is  prevented  by  law from considering some or all of these
  factors the remainder of this subdivision shall continue in effect.  For
  purposes of this paragraph, the term "credit" shall mean  an  amount  of
  money  payable  to a subscriber under the terms of this paragraph, which
  amount may be paid, at the option of the cable  television  company,  in
  the form of a reduction in monthly service charges over a period of time
  not to exceed six months.
    (d)  Where  an  affected  subscriber  following receipt of any written
  notice required under subdivision two  of  this  section  that  concerns
  change  of  a  network  on a premium service tier, elects in writing, by
  telephone or in person no later than thirty days  after  receiving  such
  notice  to  have service terminated or to downgrade, such subscriber may
  demand (1) a rebate of all installation, upgrade,  and  other  one  time
  charges   relating  to  such  premium  service  tier,  imposed  on  such
  subscriber within six months prior to  the  subject  network  change  or
  programming  change,  and  (2)  a rebate of monthly service charges that
  already have been paid by such subscriber for, and only for,  each  such
  cable  television  service  or  subscription tier or level affected by a
  network change or programming change, provided however, that such rebate
  shall be limited to the prorated amount  already  paid  for  the  period
  following the date of such network change or programming change.
    (e)   (1)  For  purposes  of  this  subdivision,  the  term  "promotes
  repeatedly and  in  a  significant  manner"  and  the  term  "reasonably
  available"   shall  have  such  meanings  as  the  commission  shall  by
  regulation determine.
    (2) In any proceeding before the commission to determine  whether  the
  provisions  of  this  subdivision  have  been  complied  with, where the
  question  of  whether  the  availability  or  promotion  of  a   network
  constituted  a  substantial  inducement  to  subscribers  is raised, the
  commission shall consider: (i) the nature, type, frequency and impact of

  the promotion of such network, and (ii) the nature, type, frequency  and
  impact  of any reasonably prominent notices provided to subscribers that
  may have  provided  warning  that  such  network  might  be  deleted  or
  replaced.
    (3)  In  addition  to  any  other defenses that may be available under
  statutory or common law, it shall be an affirmative defense to any claim
  of rebate pursuant to paragraph (b) or (c) of this subdivision that  the
  notification  or  advertisement  that  is  claimed to have substantially
  induced the subscriber: (i) was on a national or  regional  network  and
  did  not  mention  any  specific cable company, and (ii) that such cable
  television company  did  not  authorize,  request,  suggest,  foster  or
  cooperate  in making such notification or advertisement, and (iii) there
  was no material relationship between the cable television  company,  any
  of  its  officers, or any shareholders owning ten percent or more of its
  stock and the company making the advertising, any of  its  officers,  or
  any  shareholders  owning  ten  percent  or more of its stock except for
  relationships between or among such companies, officers, or shareholders
  for the purchasing of programming.
    (4) In any determination made  by  the  commission  pursuant  to  this
  subdivision,  the  commission  shall set forth the factors it considered
  and the significance given to such factors, including,  where  relevant,
  those  factors  listed  in  this  subdivision,  and  the reasons for its
  decision. Such requirement may not be waived by any party or counsel.
    7. (a) Whenever, upon complaint or upon  its  own  motion,  and  after
  giving  public  notice  and  an  opportunity  for  a  public evidentiary
  hearing, which accords due process to the cable television company,  the
  commission  finds  that a cable television company has not complied with
  any  provision  of  this  section,  the  commission  shall  order   such
  compliance  therewith  and  may  order  such  penalty  as is hereinafter
  provided.
    (b) A determination of the commission, after the procedures set  forth
  in  paragraph  (a)  of  this subdivision have been complied with, that a
  cable television company has failed to comply with any provision of this
  section shall be considered a violation of subdivision  one  of  section
  two  hundred  twenty-seven-a  of  this  article,  and shall subject such
  company to the  imposition  of  a  money  forfeiture  pursuant  to  said
  subdivision.  Upon  a  determination  by  the  commission, upon adequate
  record evidence, that  a  cable  television  company  has  willfully  or
  intentionally  violated  the  provisions of this section, or that such a
  company has repeatedly violated such provisions so as to permit  a  fair
  inference  of  a  willful  or intentional violation by such company, the
  commission may direct such company to forfeit to the state of New York a
  sum to be set by the commission not to exceed three thousand dollars for
  each such violation. If,  in  any  twenty-four  month  period,  a  cable
  television  company  violates  subdivision two or six of this section on
  two separate  occasions,  such  conduct  shall  constitute  prima  facie
  evidence of repeated, willful violations.
    (c)  Nothing  in this subdivision shall be construed to impair, alter,
  limit, modify, enlarge,  abrogate  or  restrict  any  right  granted  by
  statutory or common law to the attorney general or any other person.
    8.  Other  consumer protection regulations. The commission shall adopt
  such other rules and  regulations,  providing  consumer  protections  to
  customers  of  cable  television  companies,  as  the  commission  deems
  necessary and proper. The regulations shall include, but not be  limited
  to,   provisions   governing   applications  for  service,  termination,
  reconnection of service,  customer  notice,  late  payment  charges  and
  customer complaints.