Sec. 16-331p. Certificate of cable franchise authority in franchise areas in which certified competitive video service providers are offering video service. - Connecticut Statutes

      Sec. 16-331p. Certificate of cable franchise authority in franchise areas in which certified competitive video service providers are offering video service. (a) Thirty days after a certified competitive video service provider offers video service in a community antenna television company's existing franchise area pursuant to a certificate of video franchise authority, or thirty days after a municipal electric utility, its affiliate or subsidiary begins offering video service in a community antenna television company's existing franchise area pursuant to a certificate of video franchise authority, the community antenna television company may seek a certificate of cable franchise authority from the Department of Public Utility Control.

      (b) A certificate of cable franchise authority issued by the department pursuant to subsection (a) of this section shall become effective immediately upon issuance by the department.

      (c) A community antenna television company seeking a certificate of cable franchise authority shall file an application with the department. Such application shall include the information required in this section and shall be accompanied by a fee of one thousand dollars.

      (d) Said application shall include a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant, affirming: (1) The location of the applicant's principal place of business and the names of the applicant's principal executive officers; (2) that the applicant has filed or will timely file with the Federal Communications Commission all forms required by said commission in advance of offering community antenna television service or video service in such franchise area; (3) that the applicant agrees to comply with all applicable federal and state statutes and regulations and with all department orders applicable to community antenna television companies, except as exempted by sections 16-331q to 16-331aa, inclusive; and (4) that the applicant agrees to comply with the requirements of sections 16-331q to 16-331aa, inclusive. The affidavit shall also include a description of the community antenna television company's current franchise area and a general description of the type or types of technologies the community antenna television company is using and intends to use in providing community antenna television programming or video service in the franchise area, which may include wireline, satellite or any other alternative technology.

      (e) The department shall notify the applicant whether the applicant's application is complete or incomplete on or before the fifteenth calendar day after the applicant submits the application. The department's review of the completeness of the application is limited to whether the application complies with the requirements set forth in subsection (d) of this section. In reviewing the application, the department shall not conduct a hearing or a contested case proceeding pursuant to chapter 54. The department may submit written questions to the applicant and require written answers regarding the information provided and may accept written comments and reply comments from the applicant, the Office of Consumer Counsel, the Attorney General and other interested persons.

      (f) The department shall issue a certificate of cable franchise authority not later than thirty calendar days from finding the application complies with the requirements of subsection (d) of this section. The certificate issued by the department shall provide: (1) A grant of authority to provide community antenna television service or video service as requested in the application; (2) a grant of authority to own, lease, maintain, operate, manage or control facilities in, under or over any public highway in the delivery of such service, subject to the laws of the state; and (3) a statement that the grant of authority is subject to lawful operation of the community antenna television service or video service by the applicant or its interest.

      (g) If the department finds that the applicant's application is incomplete, it shall specify with particularity the items in the application that are incomplete and permit the applicant to amend the application to cure any deficiency. The department shall issue a certificate of cable franchise authority not later than thirty calendar days from its receipt of the amended and completed application.

      (h) The failure of the department to notify the applicant of the completeness or incompleteness of the application within the timeframes set forth above shall be deemed to constitute issuance of the certificate of cable franchise authority.

      (P.A. 07-253, S. 13.)