NY Pub Serv L § 217 (2021)
2021 New York Laws PBS - Public Service Article 11 - Provisions Relating to Cable Television Companies 217 - Costs and Expenses of the Commission and Department and Assessment Thereof Related to the Regulation of Cable Television Companies.

§ 217. Costs  and  expenses  of  the  commission  and  department  and   assessment  thereof  related  to  the  regulation  of  cable  television   companies.  1.  All  costs and expenses of the department and commission   related  to  cable  television  companies  shall  be  paid  pursuant  to   appropriation  in  the  first  instance  from the state treasury, on the   certification of the chairman of the department and upon the  audit  and   warrant  of  the  comptroller.  The  state  treasury shall be reimbursed   therefor by payments to be made thereto from moneys  collected  pursuant   to this article.2.  Notwithstanding the provisions of subdivision one of this section,   by February first of each year, the chairman  of  the  department  shall   estimate  the  total direct and indirect costs and expenses necessary to   operate and administer the powers  and  duties  of  the  commission  and   department  relating to cable television companies for the ensuing state   fiscal year. The chairman shall, prior to March first, bill and  collect   from  each  cable  television  company an amount computed by multiplying   such total estimated operating expenses of the commission by a  fraction   the  numerator  of  which  is  the  gross  annual receipts of such cable   television company during the last  preceding  calendar  year  or  other   twelve  month  period as determined by the chairman, and the denominator   of which is the total gross annual  receipts  of  all  cable  television   companies  operating in the state during such period. A cable television   company may elect to make partial payments equal to one quarter  of  the   total  amount  billed,  by  March tenth of the preceding fiscal year and   June tenth, September tenth, and December tenth of the  fiscal  year  to   which the billing relates, or on such other dates as the director of the   budget  may  require. On or before September thirtieth of each year, the   chairman shall compute the actual direct and indirect costs and expenses   of the commission for cable  television  regulation  for  the  preceding   state  fiscal  year  and  shall  compute the amount actually received as   reimbursement for the  preceding  state  fiscal  year.  If  such  amount   collected  by  the  department as reimbursement for the preceding fiscal   year is less than the direct and indirect costs and expenses incurred by   the commission and the department for cable television regulation during   such preceding fiscal year, the chairman shall,  on  or  before  October   fifteenth  of  each  year,  bill  each  cable television company for its   proportionate share of the  deficit.  Any  amount  owing  by  any  cable   television company shall be payable not later than thirty days following   the  date of such bill. Any amount owing by any cable television company   which remains unpaid by  May  first  of  the  following  year  shall  be   included  in  the  estimate  of  the total direct and indirect costs and   expenses necessary to operate and administer the powers  and  duties  of   the commission and the department related to cable television regulation   for  the current state fiscal year. If the amount collected for a fiscal   year is more than the direct and indirect costs and expenses related  to   cable  television  regulation  incurred by the commission and department   during such fiscal year,  the  chairman  shall,  on  or  before  October   fifteenth  of  the  following  fiscal  year, refund or credit each cable   television company for its  proportionate  share  of  the  surplus.  Any   amount  standing  to the credit of any cable television company shall be   applied as a credit against any succeeding  payment  due.  In  no  event   shall  the  amount  billed  to  or  collected  from any cable television   company pursuant to this section exceed two percent of the gross  annual   receipts  of  such  company during the twelve month period designated by   the commission.