N.Y. Public Service Law § 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.