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S2959Senate2011-2012 Session

Permits public service commission to authorize cable television systems to operate temporarily without valid franchise on written consent from the municipality

Sponsor Carl KrugerSD-27Affects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

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Who cares

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Sponsors

Primary sponsor
Carl Kruger

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to energy and telecommunications

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2959

Title of bill

An act to amend the public service law, in relation to authorizing the public service commission to issue temporary operating authority in certain circumstances

Purpose and summary

This bill would add a new subdivision to 219 of the Public Service Law to allow the public Service Commission to provide temporary operating authority to a cable television system, which does not have a currently valid municipal franchise, only in instances where the municipality has provided the Commission with its written consent.

Justification

Although not specifically authorized under existing law, Temporary Operating Authority (TOA) has been issued to cable systems when the municipal franchise has expired and the municipality and the cable operator have not agreed on the terms of a renewal franchise. The majority of franchise renewals involve the issuance of a TOA due to the protracted nature of most franchise negotiations. A cable system would have to cease operations in the absence of either a currently valid municipal franchise or TOA. Hence, the TOA has been provided to avoid having to shut down the cable system. However, usually the municipality's agreement has not been obtained therefore a TOA is issued and often-the municipality is not even informed of its issuance. Municipal officials have complained about this practice, stating that the automatic issuance of a TOA can weaken the municipality's negotiating position.

This practice also undermines the existing regulatory structure, which gives municipalities the initial authority to negotiate and approve cable television franchises based on unique community needs. This bill would provide the Commission with the authority to issue a TOA, but would require the municipality's written consent. 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 become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.