Bill Text: NY A05327 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A05327 Detail]

Download: New_York-2011-A05327-Introduced.html

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                           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:
    1    Section  1. Subdivision 2 of section 219 of the public service law, as
    2  added by chapter 83 of the laws of 1995, is amended to read as follows:
    3    2. A municipality shall have the power to require a franchise  of  any
    4  cable  television  system  providing  service  within  the municipality,
    5  notwithstanding that said cable television system does not  occupy,  use
    6  or  in  any  way  traverse a public street.   UPON THE EXPIRATION OF ANY
    7  FRANCHISE OR ANY EXTENSION OR RENEWAL THEREOF,  THE  PROVISIONS  OF  THE
    8  MOST  RECENTLY  EXPIRED  FRANCHISE, EXTENSION OR RENEWAL SHALL REMAIN IN
    9  FULL FORCE AND EFFECT WITH AN INCREASE IN ALL FEES, TAXES,  AND  CHARGES
   10  IMPOSED  UPON  THE  CABLE  TELEVISION  COMPANY BY THE MUNICIPALITY WHICH
   11  SHALL NOT EXCEED FIVE PERCENT OF SUCH COMPANY'S GROSS  ANNUAL  RECEIPTS,
   12  UNTIL  SUCH  TIME AS THE MUNICIPALITY AND CABLE TELEVISION COMPANY AGREE
   13  TO RENEW OR EXTEND SUCH FRANCHISE, OR THE  MUNICIPALITY  ENTERS  INTO  A
   14  FRANCHISE AGREEMENT WITH ANOTHER CABLE TELEVISION COMPANY. The provision
   15  of  any  municipal  charter  or  other law authorizing a municipality to
   16  require and grant franchises is hereby enlarged  and  expanded,  to  the
   17  extent necessary, to authorize such franchises.
   18    S  2.  This  act shall take effect on the thirtieth day after it shall
   19  have become a law, and shall apply to cable television  franchises,  and
   20  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