§ 1008. Simulcasts to off-track branch offices. 1. The commission may\nin accordance with the provisions of section one thousand three of this\narticle and section five hundred twenty-three of this chapter authorize\nand approve an application for licenses submitted by any off-track\nbetting corporation to display the simulcasts of racing from any\nthoroughbred or harness racing association or corporation located in the\nstate.\n 2. Such application shall include, but not be limited to, a copy of a\nwritten agreement between the sending track and such regional off-track\nbetting corporation and the following:\n a. The location of each branch office to display the simulcast;\n b. Any remuneration the sending track will receive in addition to the\nprovisions of section five hundred twenty-seven of this chapter; and\n c. (i) Except as provided in section one thousand thirteen of this\narticle, if such sending track is not a thoroughbred track in the\nCatskill region conducting a mixed meeting, letters of consent to such\nagreement by the regional track or tracks conducting a meeting or\nmeetings of the same type of racing during the period for which\nsimulcasting is proposed. For purposes of this article, a track first\nlicensed to conduct pari-mutuel racing after January first, nineteen\nhundred eighty-five, shall not be considered a regional track for\npurposes of applicable letters of consent as required in this section\nand section one thousand nine of this article. Such period shall be\ndefined as a twenty-four hour day from midnight to midnight. For those\ntracks located in the city of New York or the counties of Westchester or\nNassau, such period shall be limited to the same time of day, defined as\nafternoon against afternoon, twilight against twilight and evening\nagainst evening, the hours for which shall be as further specified by\nthe commission.\n (ii) For any simulcasting facility located within an area of a circle\nwhose radius is forty miles, the center of which shall be measured from\na regional track, and as provided in section one thousand thirteen of\nthis article, the commission shall not approve such application unless\nsuch regional track, as described in subparagraph (i) of this paragraph,\nhas given its written authorization, provided however, that between\nthirty-one and forty miles such approval shall not be unreasonably\nwithheld. Such approval shall not be required if the simulcasting\nfacility is located without the forty mile radius or if the sending\ntrack is a thoroughbred track in the Catskill region conducting a mixed\nmeeting. Such written authorization shall not be required nor shall the\nprovisions of section five hundred twenty-three of this chapter apply to\nthose races that such regional track may elect to receive as a simulcast\nrace during its regularly scheduled race meeting.\n 2-a. In the interest of providing maximum distribution of the\nsimulcast signal of New York pari-mutuel races among regional off-track\nbetting corporations, whenever a sending track makes its simulcast\nsignal available to an off-track betting region authorized to accept its\nwagers, such sending track shall make its simulcast signal available to\nall such regions authorized to accept its wagers in accordance with\nsection five hundred twenty-three of this chapter, and subdivision two\nof this section. In the event the sending track and the off-track\nbetting corporations are unable to agree upon terms, including the\nidentification of branch offices required to receive the signal, such\nterms, conditions and consideration shall be determined by binding\narbitration as provided in section one thousand thirteen of this\nchapter.\n 3. Off-track betting simulcast pools shall be distributed according to\nthe provisions of section five hundred twenty-seven of this chapter,\nexcept that:\n a. The share so retained by the off-track betting corporation may be\ndivided in a manner determined by contractual agree
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