N.Y. Comp. Codes R. & Regs. tit. 16 § 891.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 891.2 - Proposal for renewal of franchise that requires affirmative action by municipality

(a) Filing requirement. Except as provided in section 891.3 of this Part, any cable television company lawfully engaged in the operation of a cable television system pursuant to an existing franchise may submit a proposal for renewal of said franchise in accordance with 47 U.S.C. section 546(h) at any time. Title 47 U.S.C. section 546(h) is available for public inspection and copying at the office of the Department of Public Service, Three Empire State Plaza, Albany, NY 12223 and New York State Department of State located at 41 State Street, Albany, NY 12231. 47 U.S.C. section 546(h) is published in the United States Code by the United States Government Printing Office, Superintendent of Documents, Washington, DC 20402. The proposal shall be submitted to the municipality and a copy shall be served on the commission. The proposal shall encompass the minimum standards for franchises as set forth in Part 895 of this Title. The municipality may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time; provided, however, a municipality may not grant a proposal for renewal except after a public hearing on notice to the public in accordance with State and local laws applicable to public hearings generally, which notice shall also specifically state that the renewal proposal is available for public inspection at the office of the municipal clerk prior to the hearing.

(b) Notwithstanding the provisions of subdivision (a) of this section, and subject to the provisions of subdivision (c) of this section, a municipality shall during the six-month period which commences with the 36th month prior to the expiration of an existing franchise, commence a process which affords the public in the franchise area appropriate notice and participation for the purpose of:

(1) identifying the future cable-related community needs and interests, taking into account the costs of meeting such needs and interests; and

(2) reviewing the performance of the cable television company during the then current franchise term; provided, however, that if during such six-month period, the franchisee requests by written renewal notice submitted to the municipality (with a copy to the commission) the commencement of such a process, the municipality may defer the commencement of the process for a period not longer than six months after the date such notice is received from the franchisee. The process shall be completed on or before the first day of the 15th month prior to the expiration date of the franchise.

(c) Whenever a municipality grants a renewal proposal submitted by the franchisee pursuant to subdivision (a) of this section, the provisions of subdivision (b) of this section shall be of no further effect.

(d) In order to facilitate the renewal of cable television franchises, either party to a renewal negotiation has the right to request the non-binding mediation services of the commission to aid resolution of any disagreements that have become obstacles to renewal. In addition to the foregoing, within six months of the expiration of any franchise, the cable operator shall, upon request, notify the commission staff, orally or in writing, of the status of franchise renewal negotiations.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 891.2