S T A T E O F N E W Y O R K
________________________________________________________________________
3534
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. P. RIVERA, RAMOS, CAHILL -- Multi-Sponsored by --
M. of A. CLARK, CYMBROWITZ, MAGEE, 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:
1 Section 1. Subdivision 6 of section 212 of the public service law, as
2 added by chapter 83 of the laws of 1995, is amended to read as follows:
3 6. "Municipality" shall mean any village, town[,] OR city [or county
4 not wholly contained within a city in the state].
5 S 2. Section 218 of the public service law, as added by chapter 83 of
6 the laws of 1995, is amended to read as follows:
7 S 218. Municipal fees; taxes or charges. Nothing in this article shall
8 be construed to limit the power of any municipality to impose upon any
9 cable television company, a fee, tax or charge, provided that any such
10 fee, tax or charge when added to the amount payable to the commission
11 pursuant to section two hundred seventeen does not exceed the maximum
12 amount permitted by applicable federal law, rules or regulations.
13 PROVIDED, FURTHER, THAT IN EVERY MUNICIPALITY HAVING A POPULATION OF
14 LESS THAN ONE MILLION, NOT LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
15 OF ANY SUCH FEE, TAX OR CHARGE SHALL BE SET ASIDE EACH MUNICIPAL FISCAL
16 YEAR TO BE EXPENDED EXCLUSIVELY FOR THE CREATION, MAINTENANCE AND OPERA-
17 TION OF A PUBLIC ACCESS TELEVISION STATION SERVING THE AREA IN WHICH A
18 FRANCHISE AGREEMENT IS IN EFFECT; PROVIDED, HOWEVER THAT UNDER NO
19 CIRCUMSTANCES SHALL THE PROVISIONS OF THIS SENTENCE SUPERSEDE ANY MUNIC-
20 IPAL FUNDING MECHANISM FOR SUCH PURPOSE WHICH PROVIDES A GREATER AMOUNT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00436-01-1
A. 3534 2
1 OF FUNDING THAN THAT OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF
2 THIS SENTENCE.
3 S 3. Subdivision 2 of section 219 of the public service law, as added
4 by chapter 83 of the laws of 1995, is amended to read as follows:
5 2. A municipality shall have the power to require a franchise of any
6 cable television system providing service within the municipality,
7 notwithstanding that said cable television system does not occupy, use
8 or in any way traverse a public street. The provision of any municipal
9 charter or other law authorizing a municipality to require and grant
10 franchises is hereby enlarged and expanded, to the extent necessary, to
11 authorize such franchises. FURTHERMORE, EVERY CABLE TELEVISION SYSTEM
12 SHALL MAKE AVAILABLE, BY MEANS OF A CONSPICUOUS LINK ON ITS INTERNET
13 WEBSITE, THE ENTIRETY OF EACH FRANCHISE AGREEMENT SUCH SYSTEM HAS
14 ENTERED INTO PURSUANT TO THIS SECTION.
15 S 4. Subdivision 3 of section 219 of the public service law is renum-
16 bered subdivision 5 and two new subdivisions 3 and 4 are added to read
17 as follows:
18 3. (A) EVERY MUNICIPALITY SHALL, NOT LESS THAN ONE HUNDRED EIGHTY DAYS
19 PRIOR TO GRANTING, EXTENDING OR RENEWING ANY FRANCHISE PURSUANT TO THIS
20 SECTION, ESTABLISH A MUNICIPAL CITIZENS' COMMITTEE ON CABLE TELEVISION.
21 SUCH COMMITTEE SHALL STUDY AND MAKE RECOMMENDATIONS ON THE REQUIREMENTS
22 OF THE MUNICIPALITY FOR THE PROVISION OF PUBLIC EDUCATION AND LOCAL
23 GOVERNMENT PROGRAMMING BY THE CABLE TELEVISION SYSTEM.
24 (B) WITHIN ONE HUNDRED TWENTY DAYS OF THE ESTABLISHMENT OF A CITIZENS'
25 COMMITTEE ON CABLE TELEVISION, SUCH COMMITTEE SHALL REPORT ITS FINDINGS
26 AND RECOMMENDATIONS TO THE CHIEF EXECUTIVE OF THE MUNICIPALITY, THE
27 LEGISLATIVE BODY OF THE MUNICIPALITY AND THE CABLE TELEVISION SYSTEM.
28 ALL RECOMMENDATIONS OF THE COMMITTEE SHALL BE INCLUDED IN THE TERMS OF
29 THE FRANCHISE GRANTED, EXTENDED OR RENEWED.
30 4. EACH CITIZENS' COMMITTEE ON CABLE TELEVISION SHALL BE COMPOSED OF
31 FIFTEEN MEMBERS. EIGHT SUCH MEMBERS SHALL BE APPOINTED BY THE LEGISLA-
32 TIVE BODY OF THE MUNICIPALITY, AND THE REMAINING SEVEN MEMBERS SHALL BE
33 APPOINTED BY THE CHIEF EXECUTIVE OF THE MUNICIPALITY. NEITHER SUCH
34 LEGISLATIVE BODY NOR SUCH CHIEF EXECUTIVE SHALL EACH APPOINT MORE THAN
35 TWO MEMBERS WHO ARE OFFICERS OR EMPLOYEES OF THE MUNICIPALITY, OR ANY
36 AGENCY OR AUTHORITY THEREOF. NO PERSON WHO IS AN OFFICER OR EMPLOYEE OF
37 A CABLE TELEVISION COMPANY, CABLE TELEVISION SYSTEM OR ANY SUBSIDIARY
38 THEREOF SHALL BE APPOINTED AS A MEMBER OF A CITIZENS' COMMITTEE ON CABLE
39 TELEVISION.
40 S 5. This act shall take effect on the first of January next succeed-
41 ing the date on which it shall have become a law, and section four of
42 this act shall apply to cable television franchises granted, extended or
43 renewed on or after such date.