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Assembly Bill A5327

2011-2012 Legislative Session

Provides that expired cable television franchises shall be deemed extended with an increase in fees paid by cable television company

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2011-A5327 (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd ยง219, Pub Serv L

2011-A5327 (ACTIVE) - Summary

Provides that expired cable television franchises shall be deemed extended with an increase in the fees to be paid by cable television company which shall not exceed 5% of the company's gross annual receipts, until such time as a municipality and the cable television company enter into a renewal of the franchise.

2011-A5327 (ACTIVE) - Bill Text download pdf 

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

                                  5327

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to the extension and
  renewal of cable television franchises

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

  Section  1. 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.   UPON THE EXPIRATION OF ANY
FRANCHISE OR ANY EXTENSION OR RENEWAL THEREOF,  THE  PROVISIONS  OF  THE
MOST  RECENTLY  EXPIRED  FRANCHISE, EXTENSION OR RENEWAL SHALL REMAIN IN
FULL FORCE AND EFFECT WITH AN INCREASE IN ALL FEES, TAXES,  AND  CHARGES
IMPOSED  UPON  THE  CABLE  TELEVISION  COMPANY BY THE MUNICIPALITY WHICH
SHALL NOT EXCEED FIVE PERCENT OF SUCH COMPANY'S GROSS  ANNUAL  RECEIPTS,
UNTIL  SUCH  TIME AS THE MUNICIPALITY AND CABLE TELEVISION COMPANY AGREE
TO RENEW OR EXTEND SUCH FRANCHISE, OR THE  MUNICIPALITY  ENTERS  INTO  A
FRANCHISE AGREEMENT WITH ANOTHER CABLE TELEVISION COMPANY. 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.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to cable television  franchises,  and
renewals and extensions thereof, that expire on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08320-03-1

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