2023 New York Laws › GMU - General Municipal › Article 5 - Powers, Limitations and Liabilities › 88*2 - Catv Franchises Prohibited.

* §  88.  Catv  franchises prohibited. 1. As used in this section, the
following words shall have the following  meanings  unless  the  context
shall indicate another or different meaning.
(a)  "Catv  company".  Any  individual,  partnership,  association  or
corporation owning, controlling, operating, managing or leasing  a  catv
system.
(b)  "Catv  system".  Any  facility  which  receives and amplifies the
signals broadcast by one or more television stations  and  redistributes
such signals by wire, cable or other means, or which distributes signals
it  originates  or  which  are  originated  by  another  for  viewing by
subscribers, whether the wire, cable or other facilities  are  owned  or
leased. A "catv system" shall not include:
i.  the poles or other facilities of any telephone corporation used to
provide channel service as a common carrier,
ii. a system serving not more than two hundred fifty subscribers, or
iii.  a  master  antenna  system  servicing  subscribers  situated  on
property under common ownership.
(c)  "Facility".  Any  real  property, antennae, poles, wires, cables,
conduits, amplifiers, instruments, equipment, appliances, fixtures,  and
other  personal  property used by a catv company in providing service to
its subscribers including that constructed in whole or in part  in,  on,
under or over any highway or other public place.
(d)  "Franchise".  Any  authorization,  permit,  license  or privilege
granted by a municipal corporation to construct,  operate,  maintain  or
manage a catv system in the state.
2.  Notwithstanding  any  other  provisions of law, until April first,
nineteen hundred seventy-three, no municipal corporation may give, grant
or award to any individual,  partnership,  association  or  corporation,
upon  any terms or conditions whatever, any franchise for the purpose of
constructing, erecting, operating or maintaining any catv system in  the
state.
3.  Notwithstanding  any  other provisions of law, for a period of one
year  from  the  effective  date  of  this   section,   no   individual,
partnership,  association or corporation shall construct, erect, operate
or maintain a nonfranchised catv system  which  is  not  in  actual  and
lawful  operation on the effective date of this section, or enter into a
contract for the construction, erection,  operation  or  maintenance  of
such  a nonfranchised catv system; nor shall any catv company engaged in
actual and lawful nonfranchised catv operations on the effective date of
this section expand the area of its operations  during  such  period  of
time.
4. Except as otherwise provided herein, the provisions of this section
shall  not  affect the authority of any catv company to operate pursuant
to any  franchise  heretofore  awarded  by  any  municipal  corporation,
provided however, that all transfer, renewal or amendment of a franchise
(whenever awarded by a municipal corporation) taking effect for a period
of  one year from the effective date of this section shall be subject to
review and confirmation by such department or agency of the state as may
hereafter be authorized to regulate the catv industry and  the  awarding
of  catv  franchises,  in  accordance  with the provisions of the act so
authorizing such state department or agency to regulate.
5. If any clause, sentence, paragraph,  subsection  or  part  of  this
section  shall  be adjudged by any court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subsection or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
* NB There are 2 § 88's