Section 213 - Application of article1. Except as provided in subdivision two of this section, the provisions of this article shall apply to every cable television system and every cable television company including a cable television company which constructs, operates and maintains a cable television system in whole or in part through the facilities of a person franchised to offer a common or contract carrier service. Persons possessing franchises for any of the purposes contemplated by this article, shall be deemed to be subject to the provisions of this article although no property may have been acquired, business transacted or franchises exercised.2. The provisions of this article shall not apply to any cable television company with at least fifty but fewer than one thousand subscribers, provided however, such company shall comply with the requirements imposed by the commission concerning technical performance and safety standards, billing practices and consumer complaints. Such company shall file an affidavit with the commission on or before April first of each year stating its number of subscribers as of December thirty-first of the previous year. Failure to file the affidavit shall subject the company to the provisions of this article and all applicable rules and regulations of the commission.N.Y. Pub. Serv. Law § 213