Bill Text: NY S00157 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 157 (Prior Session Legislation)

Introduced

Bill Title: Provides that upon the written request of the municipality which has granted such franchise, the terms of a franchise which has been confirmed by the public service commission for cable television shall be deemed requirements made by the commission under statutory authority, thereby subjecting any cable television company which shall not comply with such requirements to the forfeiture of a monetary sum to The People of the State of New York for every day such non-compliance continues.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00157 Detail]

Download: New_York-2009-S00157-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          157
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       AN ACT to amend the public service law, in relation to deeming confirmed
         franchise terms requirements of the public service commission
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 227-a of the public  service  law,
    2  as  added  by  chapter  83  of  the  laws of 1995, is amended to read as
    3  follows:
    4    1. Every cable  television  company,  and  all  officers,  agents  and
    5  employees of any cable television company shall obey, observe and comply
    6  with every order, direction or requirement made by the commission, under
    7  authority  of  this  article, so long as the same shall be and remain in
    8  force. THE TERMS OF A FRANCHISE WHICH HAS BEEN CONFIRMED BY THE  COMMIS-
    9  SION  SHALL,  UPON  THE  WRITTEN  REQUEST  OF THE MUNICIPALITY WHICH HAS
   10  GRANTED SUCH FRANCHISE, BE DEEMED REQUIREMENTS MADE  BY  THE  COMMISSION
   11  UNDER  AUTHORITY  OF THIS ARTICLE. Except as provided in subdivision two
   12  of this section, any cable television company which  shall  violate  any
   13  provision  of  this  article, or which fails, omits or neglects to obey,
   14  observe or comply with any order or any direction or requirement of  the
   15  commission,  shall  forfeit to the people of the state of New York a sum
   16  to be set by the commission not to exceed one thousand dollars for  each
   17  and  every  offense;  every  violation of any such order or direction or
   18  requirement, or of this  article,  shall  be  a  separate  and  distinct
   19  offense, and, in case of a continuing violation, every day's continuance
   20  thereof shall be a separate and distinct offense.
   21    S  2.  This act shall take effect on the first of July next succeeding
   22  the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02047-01-9