TITLE 39
Public Utilities and Carriers

CHAPTER 39-19
Community Antenna Television Systems

SECTION 39-19-9


§ 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 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.

History of Section.
(P.L. 1980, ch. 337, § 1; P.L. 1984, ch. 209, § 1; P.L. 1990, ch. 65, art. 42, § 1; P.L. 1991, ch. 44, art. 10, § 1; P.L. 1995, ch. 332, § 1; P.L. 1998, ch. 365, § 1; P.L. 2000, ch. 150, § 1; P.L. 2010, ch. 23, art. 12, § 1.)