Deems franchise terms confirmed by the Public Service Commission for cable television legal requirements to be obeyed subject to penalty of forfeiture

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.