Introduced By: Representative Peter Kilmartin
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
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 thereupon 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 thousand dollars ($200,000) 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 {ADD the public
utilities commission funding account as established pursuant to
section 39-1-23. ADD} {DEL a newly created special fund to be
known as the division CATV funding account, and shall also consist
of such sums as the state may from time to time appropriate. This
fund shall not be a part of the general fund of the state, but
shall be paid out by the general treasurer only upon receipt of
properly authenticated vouchers signed by the administrator or
his or her designee without the necessity of appropriation or
reappropriation by the general assembly. DEL} The moneys {ADD deposited
in the public utilities commission funding account pursuant to
this section ADD} {DEL in the fund DEL} shall be expended
at the discretion of the administrator for meeting CATV related
operations expenses of the division.
SECTION 2. This act shall take effect upon passage.
