Senate Bill S157

                                 BILL NUMBER:  S157

 TITLE OF BILL :
An act to amend the public service law, in relation to deeming
confirmed franchise terms requirements of the public service
commission


 PURPOSE :
This bill would provide the Public Service Commission with clear
authority to enforce the requirements of municipal cable franchises
which have been confirmed by the Commission.

 SUMMARY :
This bill would amend subdivision 1 of section 227-a of the Public
Service Law, by adding language that makes the terms of municipal
cable franchises, which have been confirmed by the Commission,
requirements of the Commission, upon written request of the
municipality.

 JUSTIFICATION :
Investigations conducted by staff of the Committee on Oversight,
Analysis and Investigation, including a survey of all municipalities
with cable franchises and interviews with numerous municipal
officials, brought to light the difficulties many municipalities face
in trying to obtain cable operator compliance with franchise
              

provisions.  Small- and medium-sized municipalities often do not have
the resources to enforce requirements of their cable television
franchises, particularly when the cable operator refuses to comply
with municipal requests or directions. To force operators to comply,
municipalities would have to sue the operator, which may not be a
feasible method of enforcement. Existing provisions of the Public
Service Law require cable operators to comply with orders and
requirements of the Public Service Commission and enable the
Commission to fine operators for noncompliance.

The law also provides that municipal franchises cannot take effect
without Commission approval. This bill would clearly authorize the
Commission to obtain cable operator compliance with the terms of a
municipal franchise that the Commission has approved. Municipalities
would retain their existing powers to enforce their own franchises and
the Public Service Commission's jurisdiction to enforce municipal
franchise terms would take effect only upon the written request of the
municipality.  The amended bill conforms bill language to changes
wrought by Chapter 83 of the Laws of 1995. That Chapter abolished the
State Commission on Cable Television and transferred its cable
regulatory functions to the Public Service Commission. That Chapter
also moved statutory cable regulation provisions from the Executive
Law to the Public Service Law.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of July following the date on
which it shall have become law.