N.Y. Comp. Codes R. & Regs. tit. 16 § 894.9

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

Section 894.9 - Alternative franchising procedure

(a) Notwithstanding anything to the contrary in this Part, compliance with the provisions of sections 894.1 through 894.4 of this Part will not be required of any municipality and cable television company authorized to use the alternative franchising procedure. Such authorization shall be granted by the secretary or, in the secretary's absence, the counsel to the commission, upon a showing that the criteria set forth in subdivision (b) of this section have been satisfied.

(b) In order to be eligible for the alternative franchising procedure described in subdivision (a) of this section there must be no existing cable system serving the proposed franchise area and the municipality must have contacted all cable television companies (if any) serving municipalities within a 25-mile radius of the proposed service area and determined that only one company is interested in providing the service, and the municipality must have served notice on all contiguous municipalities of its intention to grant a franchise pursuant to the alternative franchising procedure if authorized to do so by the commission.

(c) In the event the municipality is authorized to and does employ the alternative franchising procedure, the following requirements shall be met:

(1) The municipality shall cause a notice to be published in the official newspaper(s) of the municipality, within 30 days of receipt of authorization from the commission to utilize the alternative franchising procedure, stating:

(i) that the municipality has received approval from the commission to utilize the alternative franchising procedure; and

(ii) that an application for a franchise containing the information specified in section 894.5 of this Part must be submitted by any interested cable television company by a date certain which shall be at least 15 days prior to the public hearing held pursuant to section 894.7 of this Part.

(2) The municipality shall mail a copy of the public notice required by paragraph (1) of this subdivision to each company holding an existing franchise to serve any portion of the geographic area sought to be franchised through the alternative franchising procedure. Such mailing shall be made on or before the date of the publication required by paragraph (1) of this subdivision.

(d) A municipality authorized to use the alternative franchising procedure shall comply with sections 894.5 through 894.8 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 894.9