Section 221. Certificate of confirmation

1.  Except  as provided in this
  section, no person shall exercise a franchise,  and  no  such  franchise
  shall be effective, until the commission has confirmed such franchise. A
  person wishing to exercise a franchise shall file with the commission an
  application   for  a  certificate  of  confirmation  in  such  form  and
  containing  such  information  and  supportive  documentation   as   the
  commission may require. The application shall be accompanied by proof of
  service  thereof  upon  the franchisor and by such fee as the commission
  may set.
    2. The commission may hold a public hearing on any application  for  a
  certificate  of  confirmation if it determines that such a hearing is in
  the public interest. The commission shall fix the  time  and  place  for
  such  a  hearing  and cause notice thereof to be given to the applicant,
  the chief executive officer of the municipality  issuing  the  franchise
  and such other persons as the commission may deem appropriate. Testimony
  may  be  taken  and evidence received at such a hearing pursuant to such
  rules and procedures as the commission may establish.
    3. The commission shall issue a certificate  of  confirmation  of  the
  franchise unless it finds that (a) the applicant, (b) the proposed cable
  television system, or (c) the proposed franchise does not conform to the
  standards  established  in the regulations promulgated by the commission
  pursuant to subdivision two of section  two  hundred  fifteen,  or  that
  operation of the proposed cable television system by the applicant under
  the proposed cable television system by the applicant under the proposed
  franchise  would  be  in  violation  of  law, any regulation or standard
  promulgated by the commission or the public interest.
    4. The commission may issue a certificate of  confirmation  contingent
  upon   compliance  with  standards,  terms  or  conditions  set  by  the
  commission which it determines would not have been met by the applicant,
  system or franchise as proposed.
    5. In the event the commission  refuses  to  issue  a  certificate  of
  confirmation,  it  shall  set  forth  in  writing  the  reasons  for its
  decision.
    6. Any cable  television  company  which,  pursuant  to  any  existing
  franchise,  (i)  was  lawfully engaged in actual operations for (ii) had
  commenced substantial construction (as  such  term  is  defined  by  the
  commission)  of  a  cable  television  system on January first, nineteen
  hundred seventy-two may continue to exercise said franchise pursuant  to
  the  terms  thereof, provided such company files with the commission, on
  or before July first, nineteen hundred seventy-three an  application  in
  such  form  and containing such information and supporting documentation
  as the commission may require. The commission shall issue a  certificate
  of  confirmation to such a cable television company valid for five years
  without further proceedings, which certificate may  be  renewed  by  the
  commission on application for five year terms pursuant to the provisions
  of section two hundred twenty-two.
    7.  Notwithstanding  any  other  provisions of this article, any cable
  television company engaged in  actual  and  lawful  nonfranchised  cable
  television  operations  on  April first, nineteen hundred seventy-three,
  that applied for a certificate of confirmation on  or  before  September
  first,  nineteen  hundred seventy-four and received a certificate, valid
  for a five year period, may continue to operate within the limits of the
  area in which it was actually rendering service on April first, nineteen
  hundred  seventy-three,  as  determined  by  the  commission.    Such  a
  certificate  of  confirmation  may  be  renewed  by  the  commission  on
  application for five year terms pursuant to the  provisions  of  section
  two hundred twenty-two of this article. Any such company which failed to
  file  an  application  pursuant  to  this section on or before September

  first, nineteen hundred seventy-four,  shall  thereafter  be  prohibited
  from  continuing  operation  of a nonfranchised cable television system,
  provided however, that  the  commission  may  authorize  such  continued
  nonfranchised  operation in extraordinary circumstances for such periods
  as the commission may deem appropriate.
    8. Nothing in this section shall be deemed to validate a franchise not
  granted in accordance with law or affect any  claims  in  litigation  on
  January  first,  nineteen hundred seventy-three.   No confirmation under
  this section shall preclude  invalidation  of  any  franchise  illegally
  obtained.
    9.  Confirmation  by  the  commission  and  duties  performed  by  the
  commission with respect to its regulation of cable television  providers
  under this article shall not be deemed to constitute "supervision of the
  state  department  of  public service" for the purpose of the meaning of
  such phrase as it is  used  in  describing  those  utilities  which  are
  subject  to  tax  on  a  gross  income  basis  under section one hundred
  eighty-six-a of the tax law or  pursuant  to  section  twenty-b  of  the
  general  city  law and subdivision one of section five hundred thirty of
  the village law.