2. a. In addition to the authority granted under subdivision one of this section, the commission shall require, under conditions subject to its approval, the franchised corporation to provide direct transmissions into selected regional off-track facilities of a current "live call of the race," defined as the current positions of the horses at specified places on the track during the race. The track operator itself may perform the broadcast; or, provide appropriate space and facilities to enable a single, alternative broadcast to be performed solely for the use of regional off-track betting corporations, the expense of such alternative broadcast to be borne by such regional corporations, at the discretion of such regional corporations. In either case, all incremental transmission costs are to be borne by such regional corporations. b. The regional off-track betting facilities, each of which shall have been in operation for six months or more prior to receiving such transmissions and at least forty percent of which shall have had a total pool on races of such franchised corporation during such period equal to or greater than the median pool on such races in all such facilities in such county, that shall receive such transmissions are authorized as follows, provided that such requirements with respect to duration of operation and total pool shall not apply to facilities in the New York city region:

1. (i) for the New York city region, any facility, located more than five miles from any thoroughbred racetrack operated by a franchised corporation, for which the New York city off-track betting corporation requests such transmissions of such franchised corporation.
2. (ii) for the Nassau region, one facility located at least ten miles from any thoroughbred racetrack operated by a franchised corporation.
3. (iii) for the Suffolk region, one facility.
4. (iv) for the Catskill and Western regions, six facilities each, provided, however, that no such transmissions are authorized into the portion of the Western and Catskill regions in the thoroughbred special betting district on those days that a thoroughbred track is conducting racing in such special betting district.
5. (v) for the Capital District region, six facilities, provided, however, that no such transmissions are authorized into the Capital District region on those days that a franchised corporation is conducting races at a track located within such region. Nothing in this subparagraph shall prohibit such region and a franchised corporation from entering into an agreement to provide such transmissions in additional facilities subject to the restrictions in this subparagraph. c. The commission shall approve the request of each such regional off-track betting corporation to transmit the call of the race, beginning January first, nineteen hundred seventy-nine, into an additional, like number of facilities as specified in paragraph b of this subdivision and subject to the conditions in such paragraph. Provided, however, that nothing shall prohibit such franchised corporation from entering into agreements with such regional off-track betting corporations designating additional facilities within the regions of such regional off-track betting corporations that may offer a "live call of the race", except that no such transmissions are authorized into the portion of the Western and Catskill regions in the thoroughbred special betting district on those days that a thoroughbred track is conducting racing in such special betting district. d. Notwithstanding any provisions to the contrary in this subdivision, during and only during the period that such franchised corporation shall conduct races at a racetrack not within the counties of Suffolk, Nassau and the five counties comprising the city of New York, the track operator for such franchised corporation shall provide direct transmissions into all of the facilities operated by off-track betting corporations, except those within the Capital District region and any facilities within a thoroughbred special betting district, other than those facilities authorized to accept wagers on races conducted by such franchised corporation, on those days that a thoroughbred racetrack is conducting racing in such special betting district, of a current "live call of the race" as defined, and subject to the conditions provided for, in paragraph a of this subdivision. Provided, however, nothing shall prohibit such franchised corporation from entering into an agreement with the Capital District regional corporation designating specific facilities within the Capital District region that may offer a "live call of the race".