§ 221 — Certificate of confirmation

§ 221. Certificate of confirmation. 1. Except as provided in this\nsection, no person shall exercise a franchise, and no such franchise\nshall be effective, until the commission has confirmed such franchise. A\nperson wishing to exercise a franchise shall file with the commission an\napplication for a certificate of confirmation in such form and\ncontaining such information and supportive documentation as the\ncommission may require. The application shall be accompanied by proof of\nservice thereof upon the franchisor and by such fee as the commission\nmay set.\n 2. The commission may hold a public hearing on any application for a\ncertificate of confirmation if it determines that such a hearing is in\nthe public interest. The commission shall fix the time and place for\nsuch a hearing and cause notice thereof to be given to the applicant,\nthe chief executive officer of the municipality issuing the franchise\nand such other persons as the commission may deem appropriate. Testimony\nmay be taken and evidence received at such a hearing pursuant to such\nrules and procedures as the commission may establish.\n 3. The commission shall issue a certificate of confirmation of the\nfranchise unless it finds that (a) the applicant, (b) the proposed cable\ntelevision system, or (c) the proposed franchise does not conform to the\nstandards established in the regulations promulgated by the commission\npursuant to subdivision two of section two hundred fifteen, or that\noperation of the proposed cable television system by the applicant under\nthe proposed cable television system by the applicant under the proposed\nfranchise would be in violation of law, any regulation or standard\npromulgated by the commission or the public interest.\n 4. The commission may issue a certificate of confirmation contingent\nupon compliance with standards, terms or conditions set by the\ncommission which it determines would not have been met by the applicant,\nsystem or franchise as proposed.\n 5. In the event the commission refuses to issue a certificate of\nconfirmation, it shall set forth in writing the reasons for its\ndecision.\n 6. Any cable television company which, pursuant to any existing\nfranchise, (i) was lawfully engaged in actual operations for (ii) had\ncommenced substantial construction (as such term is defined by the\ncommission) of a cable television system on January first, nineteen\nhundred seventy-two may continue to exercise said franchise pursuant to\nthe terms thereof, provided such company files with the commission, on\nor before July first, nineteen hundred seventy-three an application in\nsuch form and containing such information and supporting documentation\nas the commission may require. The commission shall issue a certificate\nof confirmation to such a cable television company valid for five years\nwithout further proceedings, which certificate may be renewed by the\ncommission on application for five year terms pursuant to the provisions\nof section two hundred twenty-two.\n 7. Notwithstanding any other provisions of this article, any cable\ntelevision company engaged in actual and lawful nonfranchised cable\ntelevision operations on April first, nineteen hundred seventy-three,\nthat applied for a certificate of confirmation on or before September\nfirst, nineteen hundred seventy-four and received a certificate, valid\nfor a five year period, may continue to operate within the limits of the\narea in which it was actually rendering service on April first, nineteen\nhundred seventy-three, as determined by the commission. Such a\ncertificate of confirmation may be renewed by the commission on\napplication for five year terms pursuant to the provisions of section\ntwo hundred twenty-two of this article. Any such company which failed to\nfile an application pursuant to this section on or before September\nfirst, nineteen hundred seventy-four, shall thereafter be prohibited\nfrom continuing operation of a nonfranchised cable television system,\nprovided however, that the commission may authorize such continued\nnonfranchised operation in extraordinary circumstances for such periods\nas the commission may deem appropriate.\n 8. Nothing in this section shall be deemed to validate a franchise not\ngranted in accordance with law or affect any claims in litigation on\nJanuary first, nineteen hundred seventy-three. No confirmation under\nthis section shall preclude invalidation of any franchise illegally\nobtained.\n 9. Confirmation by the commission and duties performed by the\ncommission with respect to its regulation of cable television providers\nunder this article shall not be deemed to constitute "supervision of the\nstate department of public service" for the purpose of the meaning of\nsuch phrase as it is used in describing those utilities which are\nsubject to tax on a gross income basis under section one hundred\neighty-six-a of the tax law or pursuant to section twenty-b of the\ngeneral city law and subdivision one of section five hundred thirty of\nthe village law.\n