12/3/08 N.Y. St. Reg. PSC-49-08-00015-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering whether to delegate, in whole or in part, to the Director of the Office of Telecommunications the authority to issue Temporary Operating Authority (TOA) for franchise renewals and limited Orders of Entry (LOE).
Statutory authority:
Public Service Law, sections 215, 216 and 228
Subject:
Policies and procedures for TOA and LOE.
Purpose:
To establish policies and procedures for TOA and LOE.
Substance of proposed rule:
The Commission is considering whether to delegate, in whole or in part, to the Director of Telecommunications the authority to (1) issue six month Temporary Operating Authority (TOA) certificates for cable television companies negotiating renewals of existing franchises with municipalities and (2) to provide Limited Orders of Entry (LOE) for cable television companies seeking access to apartment buildings for the purpose of assessing the properties or premises to develop a proposal for a reasonable plan for installation of cable television facilities.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
jaclyn_brilling@dps.state.ny.usPublic comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.