BILL NUMBER:S2042

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.