N.Y. Public Service Law § 222: Transfer, renewal or amendment of franchises and transfer of control over franchises and system properties

§ 222. Transfer, renewal or amendment of franchises and transfer of

control over franchises and system properties. 1. No transfer, renewal

or amendment of any franchise, or any transfer of control of a franchise

or certificate of confirmation or of facilities constituting a

significant part of any cable television system shall be effective

without the prior approval of the commission. Such approval shall be

required in addition to any municipal approval required under the

franchise or by law. For the purposes of this section, a merger or

consolidation of two or more cable television companies shall be deemed

to be a transfer of the franchises or certificates granted to such

companies.

2. A person wishing to transfer, renew or amend a franchise, or to

transfer control of a franchise or of a substantial part of the

facilities thereof shall file with the commission an application for

approval of such change, in such form and containing such information

and supporting documents as the commission may require. The application

shall be accompanied by proof of service thereof upon the franchisor, if

any, and by such fee as the commission may set. The commission may hold

a public hearing on any such application as set forth in subdivision two

of section two hundred twenty-one of this article.

3. The commission shall approve the application unless it finds that

the applicant, the proposed transferee or the cable television system

does not conform to the standards established in the regulations

promulgated by the commission pursuant to section two hundred fifteen of

this article or that approval would be in violation of law, any

regulation or standard promulgated by the commission or the public

interest, provided however, that a failure to conform to the standards

established in the regulations promulgated by the commission shall not

preclude approval of any such application if the commission finds that

such approval would serve the public interest.

4. The commission may approve the application contingent upon

compliance with standards, terms or conditions set by the commission

which it determines would not have been met by the proposed transfer,

renewal or amendment.

5. In the event the commission refuses to approve the application, it

shall set forth in writing the reasons for its decision.

6. Approval of a transfer, renewal or amendment under this section

shall not preclude invalidation of a franchise illegally obtained.