New York § 224 - 224Requirement for adequate service

§ 224. 224Requirement for adequate service

§ 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.