Senate Bill S8329

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8329
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public service law, in relation to allowing for the
   approval of cable franchises; and to repeal certain provisions of such
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 221 of the public service law, as added by chapter
 83 of the laws of 1995, is amended to read as follows:
   § 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 commis-
 sion may require. The application  shall  be  accompanied  by  proof  of
 service  thereof  upon  the franchisor and by such fee as the commission
 may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE  MUNI-
 CIPALITY,  AND  PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF
 MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT  A  MINIMUM,  TO
 THE  FRANCHISING  STANDARDS  SET FORTH IN THIS ARTICLE AND THE RULES AND
 REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
   2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN-
 CHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  UNLESS  THE
 COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI-
 OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN
 ORDER.
   [2.]  3.  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  appli-
 cant,  the chief executive officer of the municipality issuing the fran-
 chise and such other persons as the  commission  may  deem  appropriate.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15681-01-8

 S. 8329                             2
 
 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] 4. 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  appli-
 cant  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.] SHALL BE
 DEEMED  CONFIRMED  FORTY-FIVE DAYS AFTER THE FRANCHISE IS FILED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS  DESIG-
 NEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTER-
 EST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER.
   [4.] 5. The commission may issue a certificate of confirmation contin-
 gent  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.] 6. In the event the commission refuses to issue a certificate  of
 confirmation,  it  shall  set forth in writing the reasons for its deci-
 sion.
   [6. Any cable television company which, pursuant to any existing fran-
 chise, (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 certif-
 icate 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, nine-
 teen  hundred seventy-four, shall thereafter be prohibited from continu-
 ing 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 commis-
 sion 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

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 this section shall preclude  invalidation  of  any  franchise  illegally
 obtained.
   9.]  7.  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 eight-
 y-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] 5-530 of
 the village law.
   § 2. Section 222 of the public service  law  is  REPEALED  and  a  new
 section 222 is added to read as follows:
   §  222.  RENEWAL  OR AMENDMENT OF FRANCHISES. 1. EXCEPT AS PROVIDED IN
 THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO
 SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE,  UNLESS  A  COPY  OF  SUCH
 RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY
 FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH
 RENEWAL  OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING
 STANDARDS SET FORTH IN  THIS  ARTICLE  AND  THE  RULES  AND  REGULATIONS
 PROMULGATED THEREUNDER BY THE COMMISSION.
   2.  RENEWALS  AND  AMENDMENTS  SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
 AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION  ONE  OF
 THIS  SECTION  UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
 SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
 SION'S REVIEW AND WRITTEN ORDER.
   § 3.  This act shall take effect immediately; provided, however,  that
 this  act  shall apply to franchises filed on or after the date this act
 shall have become a law.