N.Y. Public Service Law § 219: Franchise requirement

§ 219. Franchise requirement. 1. Notwithstanding any other law, no

cable television system, whether or not it is deemed to occupy or use a

public thoroughfare, may commence operations or expand the area it

serves unless it has been franchised by each municipality in which it

proposes to provide or extend service.

2. A municipality shall have the power to require a franchise of any

cable television system providing service within the municipality,

notwithstanding that said cable television system does not occupy, use

or in any way traverse a public street. The provision of any municipal

charter or other law authorizing a municipality to require and grant

franchises is hereby enlarged and expanded, to the extent necessary, to

authorize such franchises.

3. Nothing in this article shall be construed to prevent franchise

requirements in excess of those prescribed by the commission, unless

such requirement is inconsistent with this article, any regulation,

policy or procedure of the commission, or federal law.