ARTICLE 12 SUBSTITUTE A

RELATING TO PUBLIC UTILITIES COMMISSION CATV ASSESSMENT

SECTION 1. Section 39-19-9 of the General Laws in Chapter 39-19 entitled

“Community Antenna Television Systems” is hereby amended to read as follows:

39-19-9. Administrative expenses – Assessment against franchise holders. -- (a)

The administrator shall determine the expenses of the division of public utilities and carriers

associated with the regulation of operational community antenna television systems, including the

cost of division personnel and consultants performing duties directly associated with the systems

for each upcoming year. The administrator shall apportion and assess one hundred percent

(100%) of the expenses among the several operating CATV franchise holders located in this state

in the proportion that the gross revenue of each CATV franchise shall bear to the gross revenues

of all of the CATV franchises issued and operational; provided, however, that the sum so

apportioned and assessed shall not exceed two hundred fifty thousand dollars ($250,000) for any

fiscal year and the amount of any individual assessment shall not exceed three percent (3%) of

any individual CATV franchise holder's gross revenues. The sum so apportioned and assessed

shall be in addition to any taxes payable to the state under any other provision of law.

        (b) CATV franchise awardees who have received compliance order certificates but

have not received operational certificates shall be assessed two thousand five hundred dollars

($2,500) for any fiscal year in which they are franchised but not in operation.

        (c) The administrator shall apply any budgetary balance or shortfalls from the

preceding annual assessment toward the next fiscal year assessment.

        (d) Upon collection from the several franchise holders operating in this state,

assessments shall be deposited in the public utilities commission funding account as established

pursuant to § 39-1-23. The moneys deposited in the public utilities commission funding account

pursuant to this section shall be expended at the discretion of the administrator for meeting

CATV related operations expenses of the division.

SECTION 2. This article shall take effect on July 1, 2010.