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This entry was published on 2014-09-22
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SECTION 221
Certificate of confirmation
Public Service (PBS) CHAPTER 48, ARTICLE 11
§ 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.