Bill Text: NY S05641 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the approval process of cable franchises; relates to renewal and amendment of franchises and system properties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-15 - referred to corporations, authorities and commissions [S05641 Detail]

Download: New_York-2015-S05641-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5641--C
            Cal. No. 780
                               2015-2016 Regular Sessions
                    IN SENATE
                                      May 21, 2015
                                       ___________
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations  --  reported  favorably from said committee, ordered to first
          report, amended on first  report,  ordered  to  a  second  report  and
          ordered  reprinted,  retaining its place in the order of second report
          -- recommitted to the Committee on Energy  and  Telecommunications  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
        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:
     1    Section  1. Section 221 of the public service law, as added by chapter
     2  83 of the laws of 1995, is amended to read as follows:
     3    § 221. Certificate of confirmation. 1.  Except  as  provided  in  this
     4  section,  no  person  shall  exercise a franchise, and no such franchise
     5  shall be effective, [until the commission has confirmed such  franchise.
     6  A  person wishing to exercise a franchise shall file with the commission
     7  an application for a  certificate  of  confirmation  in  such  form  and
     8  containing  such information and supportive documentation as the commis-
     9  sion may require. The application  shall  be  accompanied  by  proof  of
    10  service  thereof  upon  the franchisor and by such fee as the commission
    11  may set] unless a copy of such franchise has been approved by the  muni-
    12  cipality,  and  properly filed with the commission within thirty days of
    13  municipal approval. Such franchise shall be subject, at  a  minimum,  to
    14  the  franchising  standards  set forth in this article and the rules and
    15  regulations promulgated thereunder by the commission.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11290-04-6
        S. 5641--C                          2
     1    2. A franchise shall be deemed granted forty-five days after the fran-
     2  chise is filed pursuant to subdivision one of this  section  unless  the
     3  commission, or its designee, determines within such forty-five day peri-
     4  od that the public interest requires the commission's review and written
     5  order.
     6    [2.]  3.  The  commission may hold a public hearing on any application
     7  for a certificate of confirmation if it determines that such  a  hearing
     8  is  in  the public interest. The commission shall fix the time and place
     9  for such a hearing and cause notice thereof to be given  to  the  appli-
    10  cant,  the chief executive officer of the municipality issuing the fran-
    11  chise and such other persons as the  commission  may  deem  appropriate.
    12  Testimony  may be taken and evidence received at such a hearing pursuant
    13  to such rules and procedures as the commission may establish.
    14    [3. The commission shall issue a] 4. A certificate of confirmation  of
    15  the  franchise [unless it finds that (a) the applicant, (b) the proposed
    16  cable television system, or (c) the proposed franchise does not  conform
    17  to  the  standards  established  in  the  regulations promulgated by the
    18  commission pursuant to subdivision two of section two  hundred  fifteen,
    19  or  that operation of the proposed cable television system by the appli-
    20  cant under the proposed cable television system by the  applicant  under
    21  the  proposed  franchise would be in violation of law, any regulation or
    22  standard promulgated by the commission or the public interest.] shall be
    23  deemed confirmed forty-five days after the franchise is  filed  pursuant
    24  to  subdivision one of this section unless the commission, or its desig-
    25  nee, determines within such forty-five day period that the public inter-
    26  est requires the commission's review and written order.
    27    [4.] 5. The commission may issue a certificate of confirmation contin-
    28  gent upon compliance with standards, terms  or  conditions  set  by  the
    29  commission which it determines would not have been met by the applicant,
    30  system or franchise as proposed.
    31    [5.]  6. In the event the commission refuses to issue a certificate of
    32  confirmation, it shall set forth in writing the reasons  for  its  deci-
    33  sion.
    34    [6. Any cable television company which, pursuant to any existing fran-
    35  chise,  (i)  was  lawfully  engaged  in  actual  operations for (ii) had
    36  commenced substantial construction (as  such  term  is  defined  by  the
    37  commission)  of  a  cable  television  system on January first, nineteen
    38  hundred seventy-two may continue to exercise said franchise pursuant  to
    39  the  terms  thereof, provided such company files with the commission, on
    40  or before July first, nineteen hundred seventy-three an  application  in
    41  such  form  and containing such information and supporting documentation
    42  as the commission may require. The commission shall issue a  certificate
    43  of  confirmation to such a cable television company valid for five years
    44  without further proceedings, which certificate may  be  renewed  by  the
    45  commission on application for five year terms pursuant to the provisions
    46  of section two hundred twenty-two.
    47    7.  Notwithstanding  any  other  provisions of this article, any cable
    48  television company engaged in  actual  and  lawful  nonfranchised  cable
    49  television  operations  on  April first, nineteen hundred seventy-three,
    50  that applied for a certificate of confirmation on  or  before  September
    51  first,  nineteen  hundred seventy-four and received a certificate, valid
    52  for a five year period, may continue to operate within the limits of the
    53  area in which it was actually rendering service on April first, nineteen
    54  hundred seventy-three, as determined by the commission.  Such a  certif-
    55  icate  of  confirmation  may be renewed by the commission on application
    56  for five year terms pursuant to the provisions of  section  two  hundred
        S. 5641--C                          3

     1  twenty-two  of  this  article.  Any such company which failed to file an
     2  application pursuant to this section on or before September first, nine-
     3  teen hundred seventy-four, shall thereafter be prohibited from  continu-
     4  ing  operation  of  a  nonfranchised  cable  television system, provided
     5  however, that the commission may authorize such continued  nonfranchised
     6  operation in extraordinary circumstances for such periods as the commis-
     7  sion may deem appropriate.
     8    8. Nothing in this section shall be deemed to validate a franchise not
     9  granted  in  accordance  with  law or affect any claims in litigation on
    10  January first, nineteen hundred seventy-three.   No  confirmation  under
    11  this  section  shall  preclude  invalidation  of any franchise illegally
    12  obtained.
    13    9.] 7. Confirmation by the commission  and  duties  performed  by  the
    14  commission  with respect to its regulation of cable television providers
    15  under this article shall not be deemed to constitute "supervision of the
    16  state department of public service" for the purpose of  the  meaning  of
    17  such  phrase  as  it  is  used  in  describing those utilities which are
    18  subject to tax on a gross income basis under section one hundred  eight-
    19  y-six-a  of  the  tax law or pursuant to section twenty-b of the general
    20  city law and subdivision one of section [five hundred thirty]  5-530  of
    21  the village law.
    22    §  2.  Section  222  of  the  public service law is REPEALED and a new
    23  section 222 is added to read as follows:
    24    § 222. Renewal or amendment of franchises. 1. Except  as  provided  in
    25  this section, no person shall renew or amend a franchise renewal, and no
    26  such  renewal  or  amendment  shall  be effective, unless a copy of such
    27  renewal or amendment has been approved by the municipality, and properly
    28  filed with the commission within thirty days of municipal approval. Such
    29  renewal or amendment shall be subject, at a minimum, to the  franchising
    30  standards  set  forth  in  this  article  and  the rules and regulations
    31  promulgated thereunder by the commission.
    32    2. Renewals and amendments shall be  deemed  granted  forty-five  days
    33  after  the  renewal or amendment is filed pursuant to subdivision one of
    34  this section unless the commission, or its designee,  determines  within
    35  such forty-five day period that the public interest requires the commis-
    36  sion's review and written order.
    37    §  3.  This act shall take effect immediately; provided, however, that
    38  this act shall apply to franchises filed on or after the date  this  act
    39  shall have become a law.