Frequently Asked Questions Regarding Installation of Cable Facilities at MDUs
Cable Television Company Right of Entry to Provide Service
Frequently Asked Questions
The following provides answers to some basic questions relating to cable television company installations of equipment necessary to provide service to its customers. Please contact the Department of Public Service at 518-474-2510 if additional information is required.
Do I have to provide a cable operator access to my premises to install cable facilities?
: Public Service Law (PSL) Section 228 states, in part, that no landlord shall (a) interfere with the installation of cable television facilities upon his or her property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such reasonable conditions as are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants;
(2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and
(3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities.
Is a landlord required to allow a cable television company access to a building for purposes of installing equipment to serve customers residing in other buildings?
Public Service Law Section 228 states that no landlord shall
interfere with the installation of cable television company equipment in or on his or her building. A New York Court has determined that this includes equipment installed to provide service for cable television company customers in the landlord’s building and in other buildings. A landlord is also required to allow a cable television company access to his or her building for the purposes of conducting a survey of the site or making other preparations for cable television company installations. Cable television companies are required to provide a notice of the request
for entry, including a proposed date.
Is compensation provided for allowing a cable television company to install cables, switches, and other equipment in a building?
A nominal $1 is authorized for reimbursement unless it is demonstrated
in a petition to the Public Service Commission that the extent of the cable television company’s installation results in a decrease in property value justifying additional compensation and the Public Service Commission issues an order granting the request for compensation.
An application is required within four months after the installation is complete, including a detailed statement setting forth the location and space used, previous use of the space, difference in value of the property before and after the installation, and method for determining the valuations.
What are my rights with respect to a cable company’s access to
A landlord is allowed to set reasonable conditions for access to his or her property, such as, a time to enter. If a landlord establishes conditions that are considered unreasonable by a cable television company or denies access altogether, the cable television company may petition the Public Service Commission for an Order of Entry.
What is an Order of Entry?
The Public Service Commission may grant an Order of Entry, after notice and opportunity for interested parties to be heard, authorizing a cable television company to enter the building despite a landlord’s objection in order to provide cable television service to a customer. The Public Service Commission establishes a proceeding to consider any documents, comments, and other information submitted by interested parties (See 16 NYCRR Part 898).
What happens if cable television company personnel damage any property during an installation?
The cable television company is required to reimburse a landlord for
damage related to an installation on or within the property.