NY Pub Serv L § 221 (2021)
2021 New York Laws PBS - Public Service Article 11 - Provisions Relating to Cable Television Companies 221 - Certificate of Confirmation.

§ 221. Certificate  of  confirmation.  1.  Except  as provided in this   section, no person shall exercise a franchise,  and  no  such  franchise   shall be effective, until the commission has confirmed such franchise. A   person wishing to exercise a franchise shall file with the commission an   application   for  a  certificate  of  confirmation  in  such  form  and   containing  such  information  and  supportive  documentation   as   the   commission may require. The application shall be accompanied by proof of   service  thereof  upon  the franchisor and by such fee as the commission   may set.2. The commission may hold a public hearing on any application  for  a   certificate  of  confirmation if it determines that such a hearing is in   the public interest. The commission shall fix the  time  and  place  for   such  a  hearing  and cause notice thereof to be given to the applicant,   the chief executive officer of the municipality  issuing  the  franchise   and such other persons as the commission may deem appropriate. Testimony   may  be  taken  and evidence received at such a hearing pursuant to such   rules and procedures as the commission may establish.3. The commission shall issue a certificate  of  confirmation  of  the   franchise unless it finds that (a) the applicant, (b) the proposed cable   television system, or (c) the proposed franchise does not conform to the   standards  established  in the regulations promulgated by the commission   pursuant to subdivision two of section  two  hundred  fifteen,  or  that   operation of the proposed cable television system by the applicant under   the proposed cable television system by the applicant under the proposed   franchise  would  be  in  violation  of  law, any regulation or standard   promulgated by the commission or the public interest.4. The commission may issue a certificate of  confirmation  contingent   upon   compliance  with  standards,  terms  or  conditions  set  by  the   commission which it determines would not have been met by the applicant,   system or franchise as proposed.5. In the event the commission  refuses  to  issue  a  certificate  of   confirmation,  it  shall  set  forth  in  writing  the  reasons  for its   decision.6. Any cable  television  company  which,  pursuant  to  any  existing   franchise,  (i)  was  lawfully engaged in actual operations for (ii) had   commenced substantial construction (as  such  term  is  defined  by  the   commission)  of  a  cable  television  system on January first, nineteen   hundred seventy-two may continue to exercise said franchise pursuant  to   the  terms  thereof, provided such company files with the commission, on   or before July first, nineteen hundred seventy-three an  application  in   such  form  and containing such information and supporting documentation   as the commission may require. The commission shall issue a  certificate   of  confirmation to such a cable television company valid for five years   without further proceedings, which certificate may  be  renewed  by  the   commission on application for five year terms pursuant to the provisions   of section two hundred twenty-two.7.  Notwithstanding  any  other  provisions of this article, any cable   television company engaged in  actual  and  lawful  nonfranchised  cable   television  operations  on  April first, nineteen hundred seventy-three,   that applied for a certificate of confirmation on  or  before  September   first,  nineteen  hundred seventy-four and received a certificate, valid   for a five year period, may continue to operate within the limits of the   area in which it was actually rendering service on April first, nineteen   hundred  seventy-three,  as  determined  by  the  commission.    Such  a   certificate  of  confirmation  may  be  renewed  by  the  commission  on   application for five year terms pursuant to the  provisions  of  section   two hundred twenty-two of this article. Any such company which failed to   file  an  application  pursuant  to  this section on or before September    first, nineteen hundred seventy-four,  shall  thereafter  be  prohibited   from  continuing  operation  of a nonfranchised cable television system,   provided however, that  the  commission  may  authorize  such  continued   nonfranchised  operation in extraordinary circumstances for such periods   as the commission may deem appropriate.8. Nothing in this section shall be deemed to validate a franchise not   granted in accordance with law or affect any  claims  in  litigation  on   January  first,  nineteen hundred seventy-three.   No confirmation under   this section shall preclude  invalidation  of  any  franchise  illegally   obtained.9.  Confirmation  by  the  commission  and  duties  performed  by  the   commission with respect to its regulation of cable television  providers   under this article shall not be deemed to constitute "supervision of the   state  department  of  public service" for the purpose of the meaning of   such phrase as it is  used  in  describing  those  utilities  which  are   subject  to  tax  on  a  gross  income  basis  under section one hundred   eighty-six-a of the tax law or  pursuant  to  section  twenty-b  of  the   general  city  law and subdivision one of section five hundred thirty of   the village law.