New York § 212 - 212Definitions

§ 212. 212Definitions

§ 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 company or 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.