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

                                  1982

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. MORELLE, KOON, DelMONTE, HOYT -- Multi-Sponsored
  by -- M. of A. COOK, DESTITO, QUINN -- read once and referred  to  the
  Committee on Real Property Taxation

AN  ACT  to amend the real property tax law, in relation to providing an
  exemption against fiber optic cable assessments for telecommunications
  companies

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 431 to read as follows:
  S 431. FIBER OPTIC CABLE. 1. FOR PURPOSES OF THIS  SECTION,  THE  TERM
"TELECOMMUNICATIONS  COMPANY"  SHALL  MEAN  A  COMPANY  ENGAGED  IN  THE
CREATION, DISPLAY,  MANAGEMENT,  STORAGE,  PROCESSING,  TRANSMISSION  OR
DISTRIBUTION,  FOR  COMPENSATION, OF IMAGES, TEXT, VOICE OR DATA BY WIRE
OR BY WIRELESS MEANS, OR ENGAGED IN THE CONSTRUCTION,  DESIGN,  DEVELOP-
MENT,  MANUFACTURE,  MAINTENANCE  OR  DISTRIBUTION, FOR COMPENSATION, OF
DEVICES, PRODUCTS, SOFTWARE OR STRUCTURES FOR  USE  IN  CONNECTION  WITH
SUCH IMAGES, TEXT, VOICE OR DATA.
  2.    ALL  FIBER  OPTIC  CABLES  OWNED BY A TELECOMMUNICATION COMPANY,
WHETHER LOCATED  ON  PUBLIC  OR  PRIVATE  PROPERTY,  AND  INSTALLED  FOR
PURPOSES  OF DISTRIBUTING BROADBAND TECHNOLOGY SHALL BE EXEMPT FROM REAL
PROPERTY TAXES, LEVIES AND ASSESSMENTS AS FOLLOWS:
  (I) FOR THE FIRST THROUGH FIFTH YEAR THAT  SUCH  CABLE  IS  INSTALLED,
SUCH EXEMPTION SHALL BE ONE HUNDRED PERCENT OF THE ASSESSED VALUE OF THE
PROPERTY;
  (II)  FOR  THE SIXTH YEAR THAT SUCH CABLE IS INSTALLED, SUCH EXEMPTION
SHALL BE EIGHTY PERCENT OF THE ASSESSED VALUE OF THE PROPERTY;
  (III) FOR  THE  SEVENTH  YEAR  THAT  SUCH  CABLE  IS  INSTALLED,  SUCH
EXEMPTION SHALL BE SIXTY PERCENT OF THE ASSESSED VALUE OF THE PROPERTY;
  (IV)  FOR THE EIGHTH YEAR THAT SUCH CABLE IS INSTALLED, SUCH EXEMPTION
SHALL BE FORTY PERCENT OF THE ASSESSED VALUE OF THE PROPERTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04191-01-9
              

A. 1982                             2

  (V) FOR THE NINTH YEAR THAT SUCH CABLE IS  INSTALLED,  SUCH  EXEMPTION
SHALL BE TWENTY PERCENT OF THE ASSESSED VALUE OF THE PROPERTY;
  (VI)  FOR THE TENTH AND SUBSEQUENT YEARS THAT SUCH CABLE IS INSTALLED,
THERE SHALL BE NO SUCH EXEMPTION.
  3. THE OFFICE OF REAL  PROPERTY  SERVICES  IS  HEREBY  AUTHORIZED  AND
DIRECTED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS SECTION.
  S 2. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after  such  date and shall apply to fiber optic cables installed during
the period beginning on such effective  date  and  ending  December  31,
2018.