S T A T E   O F   N E W   Y O R K
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                                  7637

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced by M. of A. P. RIVERA, RAMOS, CAHILL -- Multi-Sponsored by --
  M.  of  A.  BENJAMIN,  CLARK, CYMBROWITZ, DIAZ, MAGEE, PERALTA, PERRY,
  THIELE -- read once and referred to  the  Committee  on  Corporations,
  Authorities and Commissions

AN  ACT to amend the public service law, in relation to the issuance and
  renewal of municipal franchises granted to cable  television  systems,
  requiring  municipal  franchise agreements to be posted on cable tele-
  vision system internet websites and requiring a portion  of  municipal
  cable  television  fees  to be set aside for the creation, maintenance
  and operation of a public access television station

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 6 of section 212 of the public service law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  6. "Municipality" shall mean any village, town[,] OR city  [or  county
not wholly contained within a city in the state].
  S  2. Section 218 of the public service law, as added by chapter 83 of
the laws of 1995, is amended to read as follows:
  S 218. Municipal fees; taxes or charges. Nothing in this article shall
be construed to limit the power of any municipality to impose  upon  any
cable  television  company, a fee, tax or charge, provided that any such
fee, tax or charge when added to the amount payable  to  the  commission
pursuant  to  section  two hundred seventeen does not exceed the maximum
amount permitted  by  applicable  federal  law,  rules  or  regulations.
PROVIDED,  FURTHER,  THAT  IN  EVERY MUNICIPALITY HAVING A POPULATION OF
LESS THAN ONE MILLION, NOT LESS THAN TWO HUNDRED FIFTY THOUSAND  DOLLARS
OF  ANY SUCH FEE, TAX OR CHARGE SHALL BE SET ASIDE EACH MUNICIPAL FISCAL
YEAR TO BE EXPENDED EXCLUSIVELY FOR THE CREATION, MAINTENANCE AND OPERA-
TION OF A PUBLIC ACCESS TELEVISION STATION SERVING THE AREA IN  WHICH  A
FRANCHISE  AGREEMENT  IS  IN  EFFECT;  PROVIDED,  HOWEVER  THAT UNDER NO
CIRCUMSTANCES SHALL THE PROVISIONS OF THIS SENTENCE SUPERSEDE ANY MUNIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10773-01-9
              

A. 7637                             2

IPAL FUNDING MECHANISM FOR SUCH PURPOSE WHICH PROVIDES A GREATER  AMOUNT
OF  FUNDING  THAN  THAT OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF
THIS SENTENCE.
  S  3. Subdivision 2 of section 219 of the public service law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  2. A municipality shall have the power to require a franchise  of  any
cable  television  system  providing  service  within  the municipality,
notwithstanding that said cable television system does not  occupy,  use
or  in  any way traverse a public street. The provision of any municipal
charter or other law authorizing a municipality  to  require  and  grant
franchises  is hereby enlarged and expanded, to the extent necessary, to
authorize such franchises. FURTHERMORE, EVERY  CABLE  TELEVISION  SYSTEM
SHALL  MAKE  AVAILABLE,  BY  MEANS OF A CONSPICUOUS LINK ON ITS INTERNET
WEBSITE, THE ENTIRETY  OF  EACH  FRANCHISE  AGREEMENT  SUCH  SYSTEM  HAS
ENTERED INTO PURSUANT TO THIS SECTION.
  S  4. Subdivision 3 of section 219 of the public service law is renum-
bered subdivision 5 and two new subdivisions 3 and 4 are added  to  read
as follows:
  3. (A) EVERY MUNICIPALITY SHALL, NOT LESS THAN ONE HUNDRED EIGHTY DAYS
PRIOR  TO GRANTING, EXTENDING OR RENEWING ANY FRANCHISE PURSUANT TO THIS
SECTION, ESTABLISH A MUNICIPAL CITIZENS' COMMITTEE ON CABLE  TELEVISION.
SUCH  COMMITTEE SHALL STUDY AND MAKE RECOMMENDATIONS ON THE REQUIREMENTS
OF THE MUNICIPALITY FOR THE PROVISION  OF  PUBLIC  EDUCATION  AND  LOCAL
GOVERNMENT PROGRAMMING BY THE CABLE TELEVISION SYSTEM.
  (B) WITHIN ONE HUNDRED TWENTY DAYS OF THE ESTABLISHMENT OF A CITIZENS'
COMMITTEE  ON CABLE TELEVISION, SUCH COMMITTEE SHALL REPORT ITS FINDINGS
AND RECOMMENDATIONS TO THE CHIEF  EXECUTIVE  OF  THE  MUNICIPALITY,  THE
LEGISLATIVE  BODY  OF  THE MUNICIPALITY AND THE CABLE TELEVISION SYSTEM.
ALL RECOMMENDATIONS OF THE COMMITTEE SHALL BE INCLUDED IN THE  TERMS  OF
THE FRANCHISE GRANTED, EXTENDED OR RENEWED.
  4.  EACH  CITIZENS' COMMITTEE ON CABLE TELEVISION SHALL BE COMPOSED OF
FIFTEEN MEMBERS. EIGHT SUCH MEMBERS SHALL BE APPOINTED BY  THE  LEGISLA-
TIVE  BODY OF THE MUNICIPALITY, AND THE REMAINING SEVEN MEMBERS SHALL BE
APPOINTED BY THE CHIEF  EXECUTIVE  OF  THE  MUNICIPALITY.  NEITHER  SUCH
LEGISLATIVE  BODY  NOR SUCH CHIEF EXECUTIVE SHALL EACH APPOINT MORE THAN
TWO MEMBERS WHO ARE OFFICERS OR EMPLOYEES OF THE  MUNICIPALITY,  OR  ANY
AGENCY  OR AUTHORITY THEREOF. NO PERSON WHO IS AN OFFICER OR EMPLOYEE OF
A CABLE TELEVISION COMPANY, CABLE TELEVISION SYSTEM  OR  ANY  SUBSIDIARY
THEREOF SHALL BE APPOINTED AS A MEMBER OF A CITIZENS' COMMITTEE ON CABLE
TELEVISION.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and  section  four  of
this act shall apply to cable television franchises granted, extended or
renewed on or after such date.