N.Y. Comp. Codes R. & Regs. tit. 16 § 894.5

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

Section 894.5 - Application for franchise

Every application submitted to a municipality for a cable television franchise shall include, in addition to such other information as may be required by the municipality by a request for proposals or otherwise:

(a) A description of the cable television system proposed to be constructed which description shall contain, but need not be limited to, information regarding:

(1) channel capacity, including both the total capability of the proposed system and the number of channels to be energized immediately;

(2) television and radio broadcast signals which the applicant intends to carry on its system initially;

(3) extent and type of any origination cablecasting to be undertaken, and the facilities, equipment and staff to be employed therein; and

(4) system layout or design, including where applicable:

(i) location of antennae and headend(s);

(ii) plans for two-way capability, including a proposed schedule indicating when two-way capability will become available from particular points;

(iii) location of origination points and origination facilities;

(iv) extent and type of automated services to be provided; and

(v) number of channels to be utilized for access cablecasting, and the facilities, equipment, staff and other support to be available to access users including access utilization or production costs.

(b) The terms and conditions under which service is to be provided to educational and governmental entities.

(c) Terms concerning rates and construction schedules which satisfy the requirements of Part 895 of this Title.

(d) If an application seeks a franchise for an area for which an existing franchise is in effect, the applicant shall indicate specifically whether it will provide service on the same terms and conditions as contained in such existing franchise and may include a proposed franchise consistent therewith.

(e) A statement of the applicant's experience in the cable television field including, if applicable, the names and professional experience of the persons or organizations who will be responsible for the construction, installation and operation of the proposed system.

(f) A statement indicating whether the applicant or any of its principals owns or operates any other cable television system, directly or indirectly, and a statement indicating the name of any such operation(s) and the name and address of the chief executive officer(s) of the franchising authority(s) in which such system or station is located.

(g) A documented plan for financing the proposed system, which plan shall indicate specifically every significant anticipated source of capital and any and all limitations or conditions with respect to the availability of the indicated sources of capital.

(h) A statement indicating whether the applicant or any of its principals (which, in the case of a corporation, shall include all officers, directors and persons having a legal or equitable interest in 10 percent or more of the voting stock):

(1) has ever been convicted of a crime involving moral turpitude (including criminal fraud) or is presently under an indictment charging such a crime;

(2) has ever been held liable by any court of competent jurisdiction in any civil action based on fraud, deceit or misrepresentation; or

(3) has ever been punished or censured in any jurisdiction for any violation or attempted violation of any law, rule or order relating to cable television operations.

If the statement is affirmative with respect to any of the above-mentioned adverse considerations, the applicant should include in the statement such explanatory material as it deems appropriate.

(i) The applicant shall mail a copy of the application to each person that holds an existing franchise from, or provides cable service in, the municipalities. Such mailing shall be made on or before the date the applicant submits its application to the municipality.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 894.5