New York Consolidated Laws

N.Y. Public Service Law § 211 (2026)

Statement of policy

✓ current as of May 2026
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§ 211. Statement of policy. While cable television serves in part as
an extension of interstate broadcasting, its operations involve public
rights-of-way, municipal franchising, and vital business and community
service, and, therefore, are of state concern; while said operations
must be subject to state oversight, they also must be protected from
undue restraint and regulation so as to assure cable systems with
optimum technology and maximum penetration in this state as rapidly as
economically and technically feasible; municipalities and the state
would benefit from valuable educational and public services through
cable television systems; the public and the business community would
benefit if served by cable channels sufficient to meet the needs of
producers and distributors of program and other communication content
services; many municipalities lack the necessary resources and expertise
to plan for and secure these benefits and to protect subscribers and
other parties to the public interest in franchise negotiations; the
cable television industry is in a period of rapid growth and corporate
consolidation and should proceed in accord with regional and statewide
service objectives; and the cable television industry, notwithstanding
its unique attributes, is part of an increasingly integrated
communications industry, the soundness of which is essential to the
state's economic growth and general welfare.
  There is, therefore, a need for a state agency to determine state
communications policy; to ensure that cable television companies provide
adequate, economical and efficient service to their subscribers, the
municipalities within which they are franchised and other parties to the
public interest; to oversee the development of a cable television
industry responsive to community and public interest, consonant with
federal regulations and statutes; and to oversee the development of the
communications industry as a whole and to encourage the endeavors of
public and private institutions, municipalities, associations and
organizations in developing programming for the public interest.
  The public service commission is the agency best suited to oversee
development of the cable television industry in this state in accordance
with a statewide service plan and consistent with state communications
policy generally; to review the suitability of practices for franchising
cable television companies to protect the public interest; to set
standards for cable television systems and franchise practices; to
assure channel availability for municipal services, educational
television, program diversity, local expression and other program and
communications content services; to provide consultant services to
community organizations and municipalities and franchise negotiations;
and, to stimulate the development of diverse instructional, educational,
community interest and public affairs programming with full access
thereto by cable television companies, educational broadcasters and
public and private institutions operating closed circuit television
systems and instructional television fixed services.
Notes of Decisions
Cited in 6 cases, 2000–2016 · leading case: Abbatiello v. Lancaster Studio Assocs., 814 N.E.2d 784 (N.Y. 2004).
Abbatiello v. Lancaster Studio Assocs., 814 N.E.2d 784 (N.Y. 2004). “Public Service Law § 211 states the purpose of Public Service Law article 11—“to ensure that cable television companies provide adequate, economical and efficient service to their subscribers, the municipalities within which they are franchised and other parties to the public…”
Abbatiello v. Lancaster Studio Assocs., 307 A.D.2d 788 (N.Y. App. Div. 1st Dep't 2003). · cites it 3× “In addition, as the motion court stated, section 228 was enacted to assure that tenants have access to cable television (see Public Service Law § 211), not to impose liability on landlords for personal injuries where such liability would not otherwise exist.”
Tepper v. Cablevision Sys. Corp., 19 A.D.3d 585 (N.Y. App. Div. 2d Dep't 2005). “, 200 AD2d 646 [1994]; see also Public Service Law §§ 211, 224 [3]; § 224-a [7] [a]).”
Ass'n of Cable Access Producers v. Pub. Serv. Comm'n of State of New York, 1 A.D.2d 761 (N.Y. App. Div. 3d Dep't 2003). “Respondent Public Service Commission (hereinafter PSC) regulates the cable television industry in New York (see Public Service Law § 211) and has promulgated rules pertaining to public access channels (see 9 NYCRR 595.”
Town of Union v. Time Warner Ent.-Advance/Newhouse P'ship, 52 Misc. 3d 426 (N.Y. Sup. Ct. 2016). · cites it 2× “lature has determined that “[t]he public service commission is the agency best suited to oversee development of the cable television industry in this state in accordance with a statewide service plan and consistent with state communications policy generally; [and] to review the…”
City Council v. Pub. Serv. Comm'n, 185 Misc. 2d 230 (N.Y. Sup. Ct. 2000). “Petitioner supports its argument that the franchise agreements do not provide adequate educational programming by citing the legislative policy statement contained in Public Service Law § 211. This section recites that the PSC should “assure channel availability for * * *…”
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