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This entry was published on 2018-04-27
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SECTION 222
Transfer, renewal or amendment of franchises and transfer of control over franchises and system properties
Public Service (PBS) CHAPTER 48, ARTICLE 11
§ 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.