N.Y. Comp. Codes R. & Regs. tit. 16 § 894.0
The provisions of sections 894.1 through 894.4 of this Part shall apply only to the award of an initial franchise by a municipality that does not qualify for the alternative procedure in section 894.9 of this Part and in which no cable system is operating, and no open video system has been certified by the FCC to operate. The provisions of sections 894.5 through 894.8 of this Part shall apply to all franchise applications, whether or not requested by a municipality, and to municipal action once an application is received. No cable television franchise shall be effective unless a certificate of confirmation has been issued by the commission pursuant to section 221 of the Public Service Law. An application for a certificate of confirmation shall comply with Part 897 of this Title.
N.Y. Comp. Codes R. & Regs. Tit. 16 § 894.0