NY State Assembly Bill 2021-A6390C

Assembly Bill A6390C

2021-2022 Legislative Session

Relates to authorizing broadband franchises in cities with a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to corporations, authorities and commissions
Jun 02, 2021	print number 6390c
Jun 02, 2021	amend and recommit to corporations, authorities and commissions
May 18, 2021	print number 6390b
May 18, 2021	amend and recommit to corporations, authorities and commissions
Mar 26, 2021	print number 6390a
Mar 26, 2021	amend and recommit to corporations, authorities and commissions
Mar 17, 2021	referred to corporations, authorities and commissions

Bill Amendments

Original

C (Active)

2021-A6390 - Details

See Senate Version of this Bill:: S3141
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Transportation Corporations Law
Laws Affected:: Amd §27, Transp Corps L; add §99-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8845
2023-2024: A3960, S376

2021-A6390 - Summary

Authorizes broadband franchises in cities with a population of one million or more.

2021-A6390 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6390
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the  transportation  corporations  law  and  the  public
   service law, in relation to authorizing broadband franchises in cities
   with a population of one million or more

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 27  of  the  transportation  corporations  law,  as
 amended  by  chapter  840  of  the  laws  of 1977, is amended to read as
 follows:
   § 27. Construction of  lines.  1.  Any  such  corporation  may  erect,
 construct  and  maintain the necessary fixtures for its lines upon, over
 or under any of the public roads, streets  and  highways;  and  through,
 across  or  under any of the waters within the limits of this state, and
 may erect, construct and maintain its necessary stations, plants, equip-
 ment or lines upon, through or over any other land, subject to the right
 of the owners thereof to full compensation for the  same.  If  any  such
 corporation  can  not  agree  with such owner or owners upon the compen-
 sation to be paid therefor, such compensation shall  be  ascertained  in
 the manner provided in the eminent domain procedure law. Any such corpo-
 ration  is  authorized, from time to time, to construct and lay lines of
 electrical conductors under ground in any city, village or  town  within
 the limits of this state, subject to all the provisions of law in refer-
 ence to such companies not inconsistent with this section; provided that
 such corporation shall, before laying any such line in any city, village
 or  town  of this state, first obtain from the common council of cities,
 or  other  body  having  like  jurisdiction  therein,  the  trustees  of
 villages,  or  the  town superintendents of towns, permission to use the
 streets within such city, village or town for the  purposes  herein  set
 forth.  Nothing  in  this  section  shall  limit,  alter,  or affect the
 provisions or powers relating or granted to telegraph corporations here-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07234-01-1

 A. 6390                             2
 
 tofore created by special act of the legislature of this  state,  except
 in  so  far  as to confer on any such corporation the right to lay elec-
 trical conductors under ground.
   2.  (A)  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY IN THIS SECTION,
 COMPENSATION TO CITIES WITH A POPULATION OF ONE MILLION OR MORE FOR  USE
 AND  OCCUPANCY  OF PUBLIC RIGHTS-OF-WAY BY LINES OF ANY SUCH CORPORATION
 (WHETHER OF ELECTRICAL CONDUCTORS OR TELECOMMUNICATIONS LINES WHICH  ARE
 NOT  CONDUCTORS,  SUCH  AS  FIBER  OPTIC  LINES) HERETOFORE OR HEREAFTER
 LOCATED WITHIN SUCH CITIES SHALL EQUAL THE AMOUNT SET FORTH IN  SUBDIVI-
 SION  THREE  OF  SECTION NINETY-NINE-A OF THE PUBLIC SERVICE LAW, EXCEPT
 THAT WITH RESPECT TO ANY SUCH CITY AND CORPORATION THAT  ENTERS  INTO  A
 FRANCHISE  AGREEMENT IN ACCORDANCE WITH THE TERMS OF SUCH CITY'S CHARTER
 REGARDING FRANCHISE AGREEMENTS SUCH COMPENSATION SHALL BE AS PROVIDED IN
 SUCH FRANCHISE AGREEMENT DURING THE TERM OF SUCH FRANCHISE AGREEMENT.
   (B) TO THE EXTENT THAT ANY ENTITY HOLDS RIGHTS PREEXISTING THE  EFFEC-
 TIVE DATE OF PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO THE OCCU-
 PANCY  OF  PUBLIC  RIGHTS-OF-WAY FOR CERTAIN LINES OF ELECTRICAL CONDUC-
 TORS,  AND  TO  THE  EXTENT  SUCH  PREEXISTING  RIGHTS  WOULD  BAR   THE
 APPLICATION  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION TO SUCH LINES, THEN
 PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT  APPLY  TO  THOSE  LINES  TO
 WHICH SUCH BAR WOULD BE APPLICABLE.
   § 2. The public service law is amended by adding a new section 99-a to
 read as follows:
   § 99-A. FRANCHISES IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
 1.  (A)  THE  OWNER  OF  COMMUNICATIONS  LINES LOCATED WITHIN THE PUBLIC
 RIGHTS-OF-WAY IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE  THAT
 USES  SUCH  LINES FOR THE PROVISION OF INFORMATION SERVICES SHALL PAY TO
 SUCH CITY THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO ANY  SUCH
 CITY  AND  OWNER THAT HAVE ENTERED INTO AN UNEXPIRED FRANCHISE AGREEMENT
 OR REVOCABLE CONSENT AGREEMENT (WHICHEVER MAY BE APPLICABLE  UNDER  SUCH
 CITY'S  CHARTER) FOR THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE INFORMA-
 TION SERVICES IN ACCORDANCE  WITH  THE  TERMS  OF  SUCH  CITY'S  CHARTER
 REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT AGREEMENTS SUCH
 COMPENSATION  SHALL, FOR THE TERM OF SUCH FRANCHISE AGREEMENT OR REVOCA-
 BLE CONSENT AGREEMENT, BE AS PROVIDED IN  SUCH  FRANCHISE  AGREEMENT  OR
 REVOCABLE CONSENT AGREEMENT.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, TO THE EXTENT
 THAT WITH RESPECT TO A COMMUNICATIONS LINE THE OWNER  HAS  PAID  COMPEN-
 SATION  TO  THE  CITY IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION
 WITH RESPECT TO A PARTICULAR PERIOD, THE AMOUNT OF  SUCH  PAYMENT  SHALL
 CONSTITUTE  A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT PERIOD
 UNDER THIS SUBDIVISION.
   2. (A) THE OWNER OF COMMUNICATIONS LINES  LOCATED  WITHIN  THE  PUBLIC
 RIGHTS-OF-WAY  IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE THAT
 USES SUCH LINES FOR THE PROVISION OF TELECOMMUNICATIONS  SERVICES  SHALL
 PAY  TO  SUCH  CITY THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO
 ANY SUCH CITY AND OWNER THAT HAVE ENTERED INTO  AN  UNEXPIRED  FRANCHISE
 AGREEMENT  OR  REVOCABLE  CONSENT AGREEMENT (WHICHEVER MAY BE APPLICABLE
 UNDER SUCH CITY'S CHARTER)  FOR  THE  USE  OF  PUBLIC  RIGHTS-OF-WAY  TO
 PROVIDE TELECOMMUNICATIONS SERVICES IN ACCORDANCE WITH THE TERMS OF SUCH
 CITY'S  CHARTER REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT
 AGREEMENTS SUCH COMPENSATION SHALL BE  AS  PROVIDED  IN  SUCH  FRANCHISE
 AGREEMENT OR REVOCABLE CONSENT AGREEMENT.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, TO THE EXTENT
 THAT WITH RESPECT TO A COMMUNICATIONS LINE THE OWNER  HAS  PAID  COMPEN-
 SATION  TO  THE  CITY IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION

 A. 6390                             3
 
 WITH RESPECT TO A PARTICULAR PERIOD, THE AMOUNT OF  SUCH  PAYMENT  SHALL
 CONSTITUTE  A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT PERIOD
 UNDER THIS SUBDIVISION.
   3.  (A)  THE COMPENSATION AMOUNT APPLICABLE TO EACH COMMUNICATION LINE
 OCCUPYING PUBLIC RIGHTS-OF-WAY FOR EACH FULL CALENDAR YEAR OF SUCH OCCU-
 PATION SHALL BE CALCULATED BY MULTIPLYING THE NUMBER OF LINEAR FEET SUCH
 LINE OCCUPIES IN THE PUBLIC RIGHTS-OF-WAY BY THE PER FOOT FEE.  THE  PER
 FOOT FEE WITH RESPECT TO COMMUNICATIONS LINES WITHIN ANY COUNTY SHALL BE
 CALCULATED BY DIVIDING THE FRANCHISE FEE PAID BY THE PRIMARY CABLE FRAN-
 CHISEE IN SUCH COUNTY TO THE LOCAL FRANCHISING AUTHORITY DURING CALENDAR
 YEAR TWO THOUSAND TWELVE BY THE NUMBER OF LINEAR FEET WHICH OCCUPIED THE
 PUBLIC  RIGHTS-OF-WAY  WITHIN SUCH COUNTY DURING CALENDAR YEAR TWO THOU-
 SAND TWELVE AND WHICH WERE USED BY SUCH PRIMARY CABLE FRANCHISEE FOR THE
 PROVISION OF CABLE TELEVISION SERVICE. THE PRIMARY CABLE FRANCHISEE IN A
 COUNTY IS THE ENTITY HOLDING A FRANCHISE FROM THE APPLICABLE LOCAL FRAN-
 CHISING AUTHORITY AUTHORIZING THE PROVISION OF CABLE TELEVISION  SERVICE
 WITHIN  SUCH COUNTY; PROVIDED THAT TO THE EXTENT THAT THERE IS MORE THAN
 ONE SUCH ENTITY IN A COUNTY THEN THE PRIMARY CABLE FRANCHISEE  FOR  SUCH
 COUNTY  SHALL  BE THE ENTITY THAT PAID THE HIGHEST TOTAL AMOUNT OF FRAN-
 CHISE FEES APPLICABLE TO ITS CABLE TELEVISION SERVICE WITHIN SUCH COUNTY
 DURING CALENDAR YEAR TWO THOUSAND TWELVE.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, WITH RESPECT TO
 ANY ENTITY WHICH HOLDS A CABLE TELEVISION FRANCHISE, THE AMOUNT OF FRAN-
 CHISE FEES PAID BY SUCH ENTITY WITH RESPECT TO THOSE  LINES  WITHIN  ITS
 APPLICABLE  FRANCHISE  AREA  WHICH  LINES  ARE USED FOR THE PROVISION OF
 CABLE TELEVISION SERVICE SHALL CONSTITUTE A  CREDIT  AGAINST  THE  TOTAL
 COMPENSATION AMOUNT PAYABLE WITH RESPECT TO SUCH LINES, AND FURTHER THAT
 IN  NO  EVENT SHALL THE TOTAL COMPENSATION AMOUNT REQUIRED TO BE PAID BY
 ANY ENTITY THAT HOLDS A CABLE TELEVISION FRANCHISE AGREEMENT EXCEED  THE
 MAXIMUM  AMOUNT,  WITH RESPECT TO LINES WHICH ARE USED FOR THE PROVISION
 OF CABLE TELEVISION SERVICE, PERMITTED TO BE CHARGED UNDER FEDERAL LAW.
   4. CITIES WITH A POPULATION OF ONE MILLION OR MORE ARE HEREBY  AUTHOR-
 IZED,  TO  ADOPT,  TO  THE  EXTENT NOT INCONSISTENT WITH STATE LAW, WITH
 RESPECT  TO  TELECOMMUNICATIONS  SERVICES,  REQUIREMENTS  NECESSARY   TO
 PRESERVE  AND  ADVANCE  UNIVERSAL SERVICE, PROTECT THE PUBLIC SAFETY AND
 WELFARE, ENSURE THE CONTINUED QUALITY  OF  TELECOMMUNICATIONS  SERVICES,
 AND  SAFEGUARD  THE  RIGHTS  OF CONSUMERS, AS A DELEGEE OF THE AUTHORITY
 DESCRIBED IN TITLE 47, SECTION 253(B) OF THE UNITED STATES CODE  OR  ANY
 SUCCESSOR  PROVISION  THERETO. SUCH REQUIREMENTS MAY BE ADOPTED BY LOCAL
 LAW OR RULE OR  PURSUANT  TO  CONTRACTS  OR  AGREEMENT,  TO  THE  EXTENT
 CONSISTENT WITH THE APPLICABLE CITY CHARTER.
   5. FOR THE PURPOSES OF THIS SECTION, "COMMUNICATIONS LINES" SHALL MEAN
 CABLE,  WIRE, FIBER OR OTHER CLOSED PATH TRANSMISSION MEDIUM THAT MAY BE
 USED IN LIEU OF CABLE, WIRE OR FIBER FOR THE SAME PURPOSES, AND  RELATED
 EQUIPMENT  AND  FACILITIES  USED FOR THE PROVISION OF ONE OR MORE OF THE
 FOLLOWING SERVICES:  TELECOMMUNICATIONS SERVICES,  INFORMATION  SERVICES
 AND  CABLE TELEVISION SERVICES (EACH OF WHICH IS DEFINED FOR PURPOSES OF
 THIS SECTION AS IT IS DEFINED IN TITLE 47 OF THE UNITED STATES CODE).
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

2021-A6390A - Details

See Senate Version of this Bill:: S3141
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Transportation Corporations Law
Laws Affected:: Amd §27, Transp Corps L; add §99-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8845
2023-2024: A3960, S376

2021-A6390A - Summary

Authorizes broadband franchises in cities with a population of one million or more.

2021-A6390A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6390--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Corporations, Authorities and Commissions --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the  transportation  corporations  law  and  the  public
   service law, in relation to authorizing broadband franchises in cities
   with a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 27  of  the  transportation  corporations  law,  as
 amended  by  chapter  840  of  the  laws  of 1977, is amended to read as
 follows:
   § 27. Construction of  lines.  1.  Any  such  corporation  may  erect,
 construct  and  maintain the necessary fixtures for its lines upon, over
 or under any of the public roads, streets  and  highways;  and  through,
 across  or  under any of the waters within the limits of this state, and
 may erect, construct and maintain its necessary stations, plants, equip-
 ment or lines upon, through or over any other land, subject to the right
 of the owners thereof to full compensation for the  same.  If  any  such
 corporation  can  not  agree  with such owner or owners upon the compen-
 sation to be paid therefor, such compensation shall  be  ascertained  in
 the manner provided in the eminent domain procedure law. Any such corpo-
 ration  is  authorized, from time to time, to construct and lay lines of
 electrical conductors under ground in any city, village or  town  within
 the limits of this state, subject to all the provisions of law in refer-
 ence to such companies not inconsistent with this section; provided that
 such corporation shall, before laying any such line in any city, village
 or  town  of this state, first obtain from the common council of cities,
 or  other  body  having  like  jurisdiction  therein,  the  trustees  of
 villages,  or  the  town superintendents of towns, permission to use the
 streets within such city, village or town for the  purposes  herein  set
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07234-03-1

 A. 6390--A                          2
 
 forth.  Nothing  in  this  section  shall  limit,  alter,  or affect the
 provisions or powers relating or granted to telegraph corporations here-
 tofore created by special act of the legislature of this  state,  except
 in  so  far  as to confer on any such corporation the right to lay elec-
 trical conductors under ground.
   2. (A) NOTWITHSTANDING ANYTHING  TO  THE  CONTRARY  IN  THIS  SECTION,
 COMPENSATION  TO CITIES WITH A POPULATION OF ONE MILLION OR MORE FOR USE
 AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY LINES OF ANY  SUCH  CORPORATION
 (WHETHER  OF ELECTRICAL CONDUCTORS OR TELECOMMUNICATIONS LINES WHICH ARE
 NOT CONDUCTORS, SUCH AS  FIBER  OPTIC  LINES)  HERETOFORE  OR  HEREAFTER
 LOCATED  WITHIN SUCH CITIES SHALL EQUAL THE AMOUNT SET FORTH IN SUBDIVI-
 SION THREE OF SECTION NINETY-NINE-A OF THE PUBLIC  SERVICE  LAW,  EXCEPT
 THAT  WITH  RESPECT  TO ANY SUCH CITY AND CORPORATION THAT ENTERS INTO A
 FRANCHISE AGREEMENT IN ACCORDANCE WITH THE TERMS OF SUCH CITY'S  CHARTER
 REGARDING FRANCHISE AGREEMENTS SUCH COMPENSATION SHALL BE AS PROVIDED IN
 SUCH FRANCHISE AGREEMENT DURING THE TERM OF SUCH FRANCHISE AGREEMENT.
   (B)  TO THE EXTENT THAT ANY ENTITY HOLDS RIGHTS PREEXISTING THE EFFEC-
 TIVE DATE OF PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO THE OCCU-
 PANCY OF PUBLIC RIGHTS-OF-WAY FOR CERTAIN LINES  OF  ELECTRICAL  CONDUC-
 TORS,   AND  TO  THE  EXTENT  SUCH  PREEXISTING  RIGHTS  WOULD  BAR  THE
 APPLICATION OF PARAGRAPH (A) OF THIS SUBDIVISION  TO  SUCH  LINES,  THEN
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO THOSE LINES TO
 WHICH SUCH BAR WOULD BE APPLICABLE.
   § 2. The public service law is amended by adding a new section 99-a to
 read as follows:
   § 99-A. FRANCHISES IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
 1. (A) THE OWNER OF  COMMUNICATIONS  LINES  LOCATED  WITHIN  THE  PUBLIC
 RIGHTS-OF-WAY  IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE THAT
 USES SUCH LINES FOR THE PROVISION OF INFORMATION SERVICES SHALL  PAY  TO
 SUCH  CITY THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO ANY SUCH
 CITY AND OWNER THAT HAVE ENTERED INTO AN UNEXPIRED  FRANCHISE  AGREEMENT
 OR  REVOCABLE  CONSENT AGREEMENT (WHICHEVER MAY BE APPLICABLE UNDER SUCH
 CITY'S CHARTER) FOR THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE  INFORMA-
 TION  SERVICES  IN  ACCORDANCE  WITH  THE  TERMS  OF SUCH CITY'S CHARTER
 REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT AGREEMENTS SUCH
 COMPENSATION SHALL, FOR THE TERM OF SUCH FRANCHISE AGREEMENT OR  REVOCA-
 BLE  CONSENT  AGREEMENT,  BE  AS PROVIDED IN SUCH FRANCHISE AGREEMENT OR
 REVOCABLE CONSENT AGREEMENT.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, TO  THE  EXTENT
 THAT  WITH  RESPECT  TO A COMMUNICATIONS LINE THE OWNER HAS PAID COMPEN-
 SATION TO THE CITY IN ACCORDANCE WITH SUBDIVISION TWO  OF  THIS  SECTION
 WITH  RESPECT  TO  A PARTICULAR PERIOD, THE AMOUNT OF SUCH PAYMENT SHALL
 CONSTITUTE A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT  PERIOD
 UNDER THIS SUBDIVISION.
   2.  (A)  THE  OWNER  OF COMMUNICATIONS LINES LOCATED WITHIN THE PUBLIC
 RIGHTS-OF-WAY IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE  THAT
 USES  SUCH  LINES FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES SHALL
 PAY TO SUCH CITY THE COMPENSATION AMOUNT, EXCEPT THAT  WITH  RESPECT  TO
 ANY  SUCH  CITY  AND OWNER THAT HAVE ENTERED INTO AN UNEXPIRED FRANCHISE
 AGREEMENT OR REVOCABLE CONSENT AGREEMENT (WHICHEVER  MAY  BE  APPLICABLE
 UNDER  SUCH  CITY'S  CHARTER)  FOR  THE  USE  OF PUBLIC RIGHTS-OF-WAY TO
 PROVIDE TELECOMMUNICATIONS SERVICES IN ACCORDANCE WITH THE TERMS OF SUCH
 CITY'S CHARTER REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE  CONSENT
 AGREEMENTS  SUCH  COMPENSATION  SHALL  BE  AS PROVIDED IN SUCH FRANCHISE
 AGREEMENT OR REVOCABLE CONSENT AGREEMENT.

 A. 6390--A                          3
 
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, TO  THE  EXTENT
 THAT  WITH  RESPECT  TO A COMMUNICATIONS LINE THE OWNER HAS PAID COMPEN-
 SATION TO THE CITY IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS  SECTION
 WITH  RESPECT  TO  A PARTICULAR PERIOD, THE AMOUNT OF SUCH PAYMENT SHALL
 CONSTITUTE  A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT PERIOD
 UNDER THIS SUBDIVISION.
   3. (A) THE COMPENSATION AMOUNT APPLICABLE TO EACH  COMMUNICATION  LINE
 OCCUPYING PUBLIC RIGHTS-OF-WAY FOR EACH FULL CALENDAR YEAR OF SUCH OCCU-
 PATION SHALL BE CALCULATED BY MULTIPLYING THE NUMBER OF LINEAR FEET SUCH
 LINE  OCCUPIES  IN THE PUBLIC RIGHTS-OF-WAY BY THE PER FOOT FEE. THE PER
 FOOT FEE WITH RESPECT TO COMMUNICATIONS LINES WITHIN ANY COUNTY SHALL BE
 CALCULATED BY DIVIDING THE FRANCHISE FEE PAID BY THE PRIMARY CABLE FRAN-
 CHISEE IN SUCH COUNTY TO THE LOCAL FRANCHISING AUTHORITY DURING CALENDAR
 YEAR TWO THOUSAND TWELVE BY THE NUMBER OF LINEAR FEET WHICH OCCUPIED THE
 PUBLIC RIGHTS-OF-WAY WITHIN SUCH COUNTY DURING CALENDAR YEAR  TWO  THOU-
 SAND TWELVE AND WHICH WERE USED BY SUCH PRIMARY CABLE FRANCHISEE FOR THE
 PROVISION OF CABLE TELEVISION SERVICE. THE PRIMARY CABLE FRANCHISEE IN A
 COUNTY IS THE ENTITY HOLDING A FRANCHISE FROM THE APPLICABLE LOCAL FRAN-
 CHISING  AUTHORITY AUTHORIZING THE PROVISION OF CABLE TELEVISION SERVICE
 WITHIN SUCH COUNTY; PROVIDED THAT TO THE EXTENT THAT THERE IS MORE  THAN
 ONE  SUCH  ENTITY IN A COUNTY THEN THE PRIMARY CABLE FRANCHISEE FOR SUCH
 COUNTY SHALL BE THE ENTITY THAT PAID THE HIGHEST TOTAL AMOUNT  OF  FRAN-
 CHISE FEES APPLICABLE TO ITS CABLE TELEVISION SERVICE WITHIN SUCH COUNTY
 DURING CALENDAR YEAR TWO THOUSAND TWELVE.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, WITH RESPECT TO
 ANY ENTITY WHICH HOLDS A CABLE TELEVISION FRANCHISE, THE AMOUNT OF FRAN-
 CHISE  FEES  PAID  BY SUCH ENTITY WITH RESPECT TO THOSE LINES WITHIN ITS
 APPLICABLE FRANCHISE AREA WHICH LINES ARE  USED  FOR  THE  PROVISION  OF
 CABLE  TELEVISION  SERVICE  SHALL  CONSTITUTE A CREDIT AGAINST THE TOTAL
 COMPENSATION AMOUNT PAYABLE WITH RESPECT TO SUCH LINES, AND FURTHER THAT
 IN NO EVENT SHALL THE TOTAL COMPENSATION AMOUNT REQUIRED TO BE  PAID  BY
 ANY  ENTITY THAT HOLDS A CABLE TELEVISION FRANCHISE AGREEMENT EXCEED THE
 MAXIMUM AMOUNT, WITH RESPECT TO LINES WHICH ARE USED FOR  THE  PROVISION
 OF CABLE TELEVISION SERVICE, PERMITTED TO BE CHARGED UNDER FEDERAL LAW.
   4.  CITIES WITH A POPULATION OF ONE MILLION OR MORE ARE HEREBY AUTHOR-
 IZED, TO ADOPT, TO THE EXTENT NOT  INCONSISTENT  WITH  STATE  LAW,  WITH
 RESPECT   TO  TELECOMMUNICATIONS  SERVICES,  REQUIREMENTS  NECESSARY  TO
 PRESERVE AND ADVANCE UNIVERSAL SERVICE, PROTECT THE  PUBLIC  SAFETY  AND
 WELFARE,  ENSURE  THE  CONTINUED QUALITY OF TELECOMMUNICATIONS SERVICES,
 AND SAFEGUARD THE RIGHTS OF CONSUMERS, AS A  DELEGEE  OF  THE  AUTHORITY
 DESCRIBED  IN  TITLE 47, SECTION 253(B) OF THE UNITED STATES CODE OR ANY
 SUCCESSOR PROVISION THERETO. SUCH REQUIREMENTS MAY BE ADOPTED  BY  LOCAL
 LAW  OR  RULE  OR  PURSUANT  TO  CONTRACTS  OR  AGREEMENT, TO THE EXTENT
 CONSISTENT WITH THE APPLICABLE CITY CHARTER.
   5. FOR THE PURPOSES OF THIS SECTION, "COMMUNICATIONS LINES" SHALL MEAN
 CABLE, WIRE, FIBER OR OTHER CLOSED PATH TRANSMISSION MEDIUM THAT MAY  BE
 USED  IN LIEU OF CABLE, WIRE OR FIBER FOR THE SAME PURPOSES, AND RELATED
 EQUIPMENT AND FACILITIES USED FOR THE PROVISION OF ONE OR  MORE  OF  THE
 FOLLOWING  SERVICES:   TELECOMMUNICATIONS SERVICES, INFORMATION SERVICES
 AND CABLE TELEVISION SERVICES (EACH OF WHICH IS DEFINED FOR PURPOSES  OF
 THIS SECTION AS IT IS DEFINED IN TITLE 47 OF THE UNITED STATES CODE).
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent  jurisdiction to be invalid, such judgment  shall  not affect,
 impair,  or invalidate  the remainder thereof, but shall be confined  in
 its  operation to the clause, sentence, paragraph, subdivision,  section

 A. 6390--A                          4
 
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would have been enacted even if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

2021-A6390B - Details

See Senate Version of this Bill:: S3141
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Transportation Corporations Law
Laws Affected:: Amd §27, Transp Corps L; add §99-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8845
2023-2024: A3960, S376

2021-A6390B - Summary

Authorizes broadband franchises in cities with a population of one million or more.

2021-A6390B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6390--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Corporations, Authorities and Commissions --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  transportation  corporations law and the public
   service law, in relation to authorizing broadband franchises in cities
   with a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  27  of  the  transportation corporations law, as
 amended by chapter 840 of the laws  of  1977,  is  amended  to  read  as
 follows:
   §  27.  Construction  of  lines.  1.  Any  such corporation may erect,
 construct and maintain the necessary fixtures for its lines  upon,  over
 or  under  any  of  the public roads, streets and highways; and through,
 across or under any of the waters within the limits of this  state,  and
 may erect, construct and maintain its necessary stations, plants, equip-
 ment or lines upon, through or over any other land, subject to the right
 of  the  owners  thereof  to full compensation for the same. If any such
 corporation can not agree with such owner or  owners  upon  the  compen-
 sation  to  be  paid therefor, such compensation shall be ascertained in
 the manner provided in the eminent domain procedure law. Any such corpo-
 ration is authorized, from time to time, to construct and lay  lines  of
 electrical  conductors  under ground in any city, village or town within
 the limits of this state, subject to all the provisions of law in refer-
 ence to such companies not inconsistent with this section; provided that
 such corporation shall, before laying any such line in any city, village
 or town of this state, first obtain from the common council  of  cities,
 or  other  body  having  like  jurisdiction  therein,  the  trustees  of
 villages, or the town superintendents of towns, permission  to  use  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07234-05-1

 A. 6390--B                          2
 
 streets  within  such  city, village or town for the purposes herein set
 forth. Nothing in  this  section  shall  limit,  alter,  or  affect  the
 provisions or powers relating or granted to telegraph corporations here-
 tofore  created  by special act of the legislature of this state, except
 in so far as to confer on any such corporation the right  to  lay  elec-
 trical conductors under ground.
   2.  (A)  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY IN THIS SECTION,
 COMPENSATION TO CITIES WITH A POPULATION OF ONE MILLION OR MORE FOR  USE
 AND  OCCUPANCY  OF PUBLIC RIGHTS-OF-WAY BY LINES OF ANY SUCH CORPORATION
 (WHETHER OF ELECTRICAL CONDUCTORS OR TELECOMMUNICATIONS LINES WHICH  ARE
 NOT  CONDUCTORS,  SUCH  AS  FIBER  OPTIC  LINES) HERETOFORE OR HEREAFTER
 LOCATED WITHIN SUCH CITIES SHALL EQUAL THE AMOUNT SET FORTH IN  SUBDIVI-
 SION  THREE  OF  SECTION NINETY-NINE-A OF THE PUBLIC SERVICE LAW, EXCEPT
 THAT WITH RESPECT TO ANY SUCH CITY AND CORPORATION THAT  ENTERS  INTO  A
 FRANCHISE  AGREEMENT IN ACCORDANCE WITH THE TERMS OF SUCH CITY'S CHARTER
 REGARDING FRANCHISE AGREEMENTS SUCH COMPENSATION SHALL BE AS PROVIDED IN
 SUCH FRANCHISE AGREEMENT DURING THE TERM OF SUCH FRANCHISE AGREEMENT.
   (B) TO THE EXTENT THAT ANY ENTITY HOLDS RIGHTS PREEXISTING THE  EFFEC-
 TIVE DATE OF PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO THE OCCU-
 PANCY  OF  PUBLIC  RIGHTS-OF-WAY FOR CERTAIN LINES OF ELECTRICAL CONDUC-
 TORS,  AND  TO  THE  EXTENT  SUCH  PREEXISTING  RIGHTS  WOULD  BAR   THE
 APPLICATION  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION TO SUCH LINES, THEN
 PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT  APPLY  TO  THOSE  LINES  TO
 WHICH SUCH BAR WOULD BE APPLICABLE.
   § 2. The public service law is amended by adding a new section 99-a to
 read as follows:
   § 99-A. FRANCHISES IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
 1.  (A)  THE  OWNER  OF  COMMUNICATIONS  LINES LOCATED WITHIN THE PUBLIC
 RIGHTS-OF-WAY IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE  THAT
 ARE  USED  FOR  THE  PROVISION OF INFORMATION SERVICES SHALL PAY TO SUCH
 CITY THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO ANY SUCH  CITY
 AND  OWNER  THAT  HAVE  ENTERED INTO AN UNEXPIRED FRANCHISE AGREEMENT OR
 REVOCABLE CONSENT AGREEMENT (WHICHEVER  MAY  BE  APPLICABLE  UNDER  SUCH
 CITY'S  CHARTER) FOR THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE INFORMA-
 TION SERVICES IN ACCORDANCE  WITH  THE  TERMS  OF  SUCH  CITY'S  CHARTER
 REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT AGREEMENTS SUCH
 COMPENSATION  SHALL, FOR THE TERM OF SUCH FRANCHISE AGREEMENT OR REVOCA-
 BLE CONSENT AGREEMENT, BE AS PROVIDED IN  SUCH  FRANCHISE  AGREEMENT  OR
 REVOCABLE CONSENT AGREEMENT.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, TO THE EXTENT
 THAT WITH RESPECT TO A COMMUNICATIONS LINE THE OWNER  HAS  PAID  COMPEN-
 SATION  TO  THE  CITY IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION
 WITH RESPECT TO A PARTICULAR PERIOD, THE AMOUNT OF  SUCH  PAYMENT  SHALL
 CONSTITUTE  A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT PERIOD
 UNDER THIS SUBDIVISION.
   2. (A) THE OWNER OF COMMUNICATIONS LINES  LOCATED  WITHIN  THE  PUBLIC
 RIGHTS-OF-WAY  IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE THAT
 ARE USED FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES SHALL  PAY  TO
 SUCH  CITY THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO ANY SUCH
 CITY AND OWNER THAT HAVE ENTERED INTO AN UNEXPIRED  FRANCHISE  AGREEMENT
 OR  REVOCABLE  CONSENT AGREEMENT (WHICHEVER MAY BE APPLICABLE UNDER SUCH
 CITY'S CHARTER) FOR THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE  TELECOM-
 MUNICATIONS SERVICES IN ACCORDANCE WITH THE TERMS OF SUCH CITY'S CHARTER
 REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT AGREEMENTS SUCH
 COMPENSATION SHALL BE AS PROVIDED IN SUCH FRANCHISE AGREEMENT OR REVOCA-
 BLE CONSENT AGREEMENT.

 A. 6390--B                          3
 
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, TO THE EXTENT
 THAT WITH RESPECT TO A COMMUNICATIONS LINE THE OWNER  HAS  PAID  COMPEN-
 SATION  TO  THE  CITY IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION
 WITH RESPECT TO A PARTICULAR PERIOD, THE AMOUNT OF  SUCH  PAYMENT  SHALL
 CONSTITUTE  A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT PERIOD
 UNDER THIS SUBDIVISION.
   3. (A) THE COMPENSATION AMOUNT APPLICABLE TO EACH  COMMUNICATION  LINE
 OCCUPYING PUBLIC RIGHTS-OF-WAY FOR EACH FULL CALENDAR YEAR OF SUCH OCCU-
 PATION SHALL BE CALCULATED BY MULTIPLYING THE NUMBER OF LINEAR FEET SUCH
 LINE  OCCUPIES  IN THE PUBLIC RIGHTS-OF-WAY BY THE PER FOOT FEE. THE PER
 FOOT FEE WITH RESPECT TO COMMUNICATIONS LINES WITHIN ANY COUNTY SHALL BE
 CALCULATED BY DIVIDING THE FRANCHISE FEE PAID BY THE PRIMARY CABLE FRAN-
 CHISEE IN SUCH COUNTY TO THE LOCAL FRANCHISING AUTHORITY DURING CALENDAR
 YEAR TWO THOUSAND TWELVE BY THE NUMBER OF LINEAR FEET WHICH OCCUPIED THE
 PUBLIC RIGHTS-OF-WAY WITHIN SUCH COUNTY DURING CALENDAR YEAR  TWO  THOU-
 SAND TWELVE AND WHICH WERE USED BY SUCH PRIMARY CABLE FRANCHISEE FOR THE
 PROVISION OF CABLE TELEVISION SERVICE. THE PRIMARY CABLE FRANCHISEE IN A
 COUNTY IS THE ENTITY HOLDING A FRANCHISE FROM THE APPLICABLE LOCAL FRAN-
 CHISING  AUTHORITY AUTHORIZING THE PROVISION OF CABLE TELEVISION SERVICE
 WITHIN SUCH COUNTY; PROVIDED THAT TO THE EXTENT THAT THERE IS MORE  THAN
 ONE  SUCH  ENTITY IN A COUNTY THEN THE PRIMARY CABLE FRANCHISEE FOR SUCH
 COUNTY SHALL BE THE ENTITY THAT PAID THE HIGHEST TOTAL AMOUNT  OF  FRAN-
 CHISE FEES APPLICABLE TO ITS CABLE TELEVISION SERVICE WITHIN SUCH COUNTY
 DURING CALENDAR YEAR TWO THOUSAND TWELVE.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, WITH RESPECT TO
 ANY ENTITY WHICH HOLDS A CABLE TELEVISION FRANCHISE, THE AMOUNT OF FRAN-
 CHISE  FEES  PAID  BY SUCH ENTITY WITH RESPECT TO THOSE LINES WITHIN ITS
 APPLICABLE FRANCHISE AREA WHICH LINES ARE  USED  FOR  THE  PROVISION  OF
 CABLE  TELEVISION  SERVICE  SHALL  CONSTITUTE A CREDIT AGAINST THE TOTAL
 COMPENSATION AMOUNT PAYABLE WITH RESPECT TO SUCH LINES, AND FURTHER THAT
 IN NO EVENT SHALL THE TOTAL COMPENSATION AMOUNT REQUIRED TO BE  PAID  BY
 ANY  ENTITY THAT HOLDS A CABLE TELEVISION FRANCHISE AGREEMENT EXCEED THE
 MAXIMUM AMOUNT, WITH RESPECT TO LINES WHICH ARE USED FOR  THE  PROVISION
 OF CABLE TELEVISION SERVICE, PERMITTED TO BE CHARGED UNDER FEDERAL LAW.
   4.  CITIES WITH A POPULATION OF ONE MILLION OR MORE ARE HEREBY AUTHOR-
 IZED, TO ADOPT, TO THE EXTENT NOT  INCONSISTENT  WITH  STATE  LAW,  WITH
 RESPECT   TO  TELECOMMUNICATIONS  SERVICES,  REQUIREMENTS  NECESSARY  TO
 PRESERVE AND ADVANCE UNIVERSAL SERVICE, PROTECT THE  PUBLIC  SAFETY  AND
 WELFARE,  ENSURE  THE  CONTINUED QUALITY OF TELECOMMUNICATIONS SERVICES,
 AND SAFEGUARD THE RIGHTS OF CONSUMERS, AS A  DELEGEE  OF  THE  AUTHORITY
 DESCRIBED  IN  TITLE 47, SECTION 253(B) OF THE UNITED STATES CODE OR ANY
 SUCCESSOR PROVISION THERETO. SUCH REQUIREMENTS MAY BE ADOPTED  BY  LOCAL
 LAW  OR  RULE  OR  PURSUANT  TO  CONTRACTS  OR  AGREEMENT, TO THE EXTENT
 CONSISTENT WITH THE APPLICABLE CITY CHARTER.
   5. FOR THE PURPOSES OF THIS SECTION, "COMMUNICATIONS LINES" SHALL MEAN
 CABLE, WIRE, FIBER OR OTHER CLOSED PATH TRANSMISSION MEDIUM THAT MAY  BE
 USED  IN LIEU OF CABLE, WIRE OR FIBER FOR THE SAME PURPOSES, AND RELATED
 EQUIPMENT AND FACILITIES USED FOR THE PROVISION OF ONE OR  MORE  OF  THE
 FOLLOWING  SERVICES:   TELECOMMUNICATIONS SERVICES, INFORMATION SERVICES
 AND CABLE TELEVISION SERVICES (EACH OF WHICH IS DEFINED FOR PURPOSES  OF
 THIS SECTION AS IT IS DEFINED IN TITLE 47 OF THE UNITED STATES CODE).
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent  jurisdiction to be invalid, such judgment  shall  not affect,
 impair,  or invalidate  the remainder thereof, but shall be confined  in
 its  operation to the clause, sentence, paragraph, subdivision,  section

 A. 6390--B                          4
 
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would have been enacted even if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

co-Sponsors

2021-A6390C (ACTIVE) - Details

See Senate Version of this Bill:: S3141
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Transportation Corporations Law
Laws Affected:: Amd §27, Transp Corps L; add §99-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8845
2023-2024: A3960, S376

2021-A6390C (ACTIVE) - Summary

Authorizes broadband franchises in cities with a population of one million or more.

2021-A6390C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6390--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Corporations, Authorities and Commissions --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  transportation  corporations law and the public
   service law, in relation to authorizing broadband franchises in cities
   with a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  27  of  the  transportation corporations law, as
 amended by chapter 840 of the laws  of  1977,  is  amended  to  read  as
 follows:
   §  27.  Construction  of  lines.  1.  Any  such corporation may erect,
 construct and maintain the necessary fixtures for its lines  upon,  over
 or  under  any  of  the public roads, streets and highways; and through,
 across or under any of the waters within the limits of this  state,  and
 may erect, construct and maintain its necessary stations, plants, equip-
 ment or lines upon, through or over any other land, subject to the right
 of  the  owners  thereof  to full compensation for the same. If any such
 corporation can not agree with such owner or  owners  upon  the  compen-
 sation  to  be  paid therefor, such compensation shall be ascertained in
 the manner provided in the eminent domain procedure law. Any such corpo-
 ration is authorized, from time to time, to construct and lay  lines  of
 electrical  conductors  under ground in any city, village or town within
 the limits of this state, subject to all the provisions of law in refer-
 ence to such companies not inconsistent with this section; provided that
 such corporation shall, before laying any such line in any city, village
 or town of this state, first obtain from the common council  of  cities,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07234-07-1

 A. 6390--C                          2
 
 or  other  body  having  like  jurisdiction  therein,  the  trustees  of
 villages, or the town superintendents of towns, permission  to  use  the
 streets  within  such  city, village or town for the purposes herein set
 forth.  Nothing  in  this  section  shall  limit,  alter,  or affect the
 provisions or powers relating or granted to telegraph corporations here-
 tofore created by special act of the legislature of this  state,  except
 in  so  far  as to confer on any such corporation the right to lay elec-
 trical conductors under ground.
   2. (A) NOTWITHSTANDING ANYTHING  TO  THE  CONTRARY  IN  THIS  SECTION,
 COMPENSATION  TO CITIES WITH A POPULATION OF ONE MILLION OR MORE FOR USE
 AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY LINES OF ANY  SUCH  CORPORATION
 (WHETHER  OF ELECTRICAL CONDUCTORS OR TELECOMMUNICATIONS LINES WHICH ARE
 NOT CONDUCTORS, SUCH AS  FIBER  OPTIC  LINES)  HERETOFORE  OR  HEREAFTER
 LOCATED  WITHIN SUCH CITIES SHALL EQUAL THE AMOUNT SET FORTH IN SUBDIVI-
 SION THREE OF SECTION NINETY-NINE-A OF THE PUBLIC  SERVICE  LAW,  EXCEPT
 THAT  WITH  RESPECT  TO ANY SUCH CITY AND CORPORATION THAT ENTERS INTO A
 FRANCHISE AGREEMENT IN ACCORDANCE WITH THE TERMS OF SUCH CITY'S  CHARTER
 REGARDING FRANCHISE AGREEMENTS SUCH COMPENSATION SHALL BE AS PROVIDED IN
 SUCH FRANCHISE AGREEMENT DURING THE TERM OF SUCH FRANCHISE AGREEMENT.
   (B)  TO THE EXTENT THAT ANY ENTITY HOLDS RIGHTS PREEXISTING THE EFFEC-
 TIVE DATE OF PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO THE OCCU-
 PANCY OF PUBLIC RIGHTS-OF-WAY FOR CERTAIN LINES  OF  ELECTRICAL  CONDUC-
 TORS,   AND  TO  THE  EXTENT  SUCH  PREEXISTING  RIGHTS  WOULD  BAR  THE
 APPLICATION OF PARAGRAPH (A) OF THIS SUBDIVISION  TO  SUCH  LINES,  THEN
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO THOSE LINES TO
 WHICH SUCH BAR WOULD BE APPLICABLE.
   § 2. The public service law is amended by adding a new section 99-a to
 read as follows:
   § 99-A. FRANCHISES IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
 1. (A) THE OWNER OF  COMMUNICATIONS  LINES  LOCATED  WITHIN  THE  PUBLIC
 RIGHTS-OF-WAY  IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE THAT
 ARE USED FOR THE PROVISION OF INFORMATION SERVICES  SHALL  PAY  TO  SUCH
 CITY  THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO ANY SUCH CITY
 AND OWNER THAT HAVE ENTERED INTO AN  UNEXPIRED  FRANCHISE  AGREEMENT  OR
 REVOCABLE  CONSENT  AGREEMENT  (WHICHEVER  MAY  BE APPLICABLE UNDER SUCH
 CITY'S CHARTER) FOR THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE  INFORMA-
 TION  SERVICES  IN  ACCORDANCE  WITH  THE  TERMS  OF SUCH CITY'S CHARTER
 REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT AGREEMENTS SUCH
 COMPENSATION SHALL, FOR THE TERM OF SUCH FRANCHISE AGREEMENT OR  REVOCA-
 BLE  CONSENT  AGREEMENT,  BE  AS PROVIDED IN SUCH FRANCHISE AGREEMENT OR
 REVOCABLE CONSENT AGREEMENT.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, TO  THE  EXTENT
 THAT  WITH  RESPECT  TO A COMMUNICATIONS LINE THE OWNER HAS PAID COMPEN-
 SATION TO THE CITY IN ACCORDANCE WITH SUBDIVISION TWO  OF  THIS  SECTION
 WITH  RESPECT  TO  A PARTICULAR PERIOD, THE AMOUNT OF SUCH PAYMENT SHALL
 CONSTITUTE A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT  PERIOD
 UNDER THIS SUBDIVISION.
   2.  (A)  THE  OWNER  OF COMMUNICATIONS LINES LOCATED WITHIN THE PUBLIC
 RIGHTS-OF-WAY IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE  THAT
 ARE  USED  FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES SHALL PAY TO
 SUCH CITY THE COMPENSATION AMOUNT, EXCEPT THAT WITH RESPECT TO ANY  SUCH
 CITY  AND  OWNER THAT HAVE ENTERED INTO AN UNEXPIRED FRANCHISE AGREEMENT
 OR REVOCABLE CONSENT AGREEMENT (WHICHEVER MAY BE APPLICABLE  UNDER  SUCH
 CITY'S  CHARTER) FOR THE USE OF PUBLIC RIGHTS-OF-WAY TO PROVIDE TELECOM-
 MUNICATIONS SERVICES IN ACCORDANCE WITH THE TERMS OF SUCH CITY'S CHARTER
 REGARDING SUCH FRANCHISE AGREEMENTS OR REVOCABLE CONSENT AGREEMENTS SUCH

 A. 6390--C                          3
 
 COMPENSATION SHALL BE AS PROVIDED IN SUCH FRANCHISE AGREEMENT OR REVOCA-
 BLE CONSENT AGREEMENT.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, TO THE EXTENT
 THAT WITH RESPECT TO A COMMUNICATIONS LINE THE OWNER  HAS  PAID  COMPEN-
 SATION  TO  THE  CITY IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION
 WITH RESPECT TO A PARTICULAR PERIOD, THE AMOUNT OF  SUCH  PAYMENT  SHALL
 CONSTITUTE  A CREDIT AGAINST THE PAYMENT DUE WITH RESPECT TO THAT PERIOD
 UNDER THIS SUBDIVISION.
   3. (A) THE COMPENSATION AMOUNT APPLICABLE TO EACH  COMMUNICATION  LINE
 OCCUPYING PUBLIC RIGHTS-OF-WAY FOR EACH FULL CALENDAR YEAR OF SUCH OCCU-
 PATION SHALL BE CALCULATED BY MULTIPLYING THE NUMBER OF LINEAR FEET SUCH
 LINE  OCCUPIES  IN THE PUBLIC RIGHTS-OF-WAY BY THE PER FOOT FEE. THE PER
 FOOT FEE WITH RESPECT TO COMMUNICATIONS LINES WITHIN ANY COUNTY SHALL BE
 CALCULATED BY DIVIDING THE FRANCHISE FEE PAID BY THE PRIMARY CABLE FRAN-
 CHISEE IN SUCH COUNTY TO THE LOCAL FRANCHISING AUTHORITY DURING CALENDAR
 YEAR TWO THOUSAND TWELVE BY THE NUMBER OF LINEAR FEET WHICH OCCUPIED THE
 PUBLIC RIGHTS-OF-WAY WITHIN SUCH COUNTY DURING CALENDAR YEAR  TWO  THOU-
 SAND TWELVE AND WHICH WERE USED BY SUCH PRIMARY CABLE FRANCHISEE FOR THE
 PROVISION OF CABLE TELEVISION SERVICE. THE PRIMARY CABLE FRANCHISEE IN A
 COUNTY IS THE ENTITY HOLDING A FRANCHISE FROM THE APPLICABLE LOCAL FRAN-
 CHISING  AUTHORITY AUTHORIZING THE PROVISION OF CABLE TELEVISION SERVICE
 WITHIN SUCH COUNTY; PROVIDED THAT TO THE EXTENT THAT THERE IS MORE  THAN
 ONE  SUCH  ENTITY IN A COUNTY THEN THE PRIMARY CABLE FRANCHISEE FOR SUCH
 COUNTY SHALL BE THE ENTITY THAT PAID THE HIGHEST TOTAL AMOUNT  OF  FRAN-
 CHISE FEES APPLICABLE TO ITS CABLE TELEVISION SERVICE WITHIN SUCH COUNTY
 DURING CALENDAR YEAR TWO THOUSAND TWELVE.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, WITH RESPECT TO
 ANY ENTITY WHICH HOLDS A CABLE TELEVISION FRANCHISE, THE AMOUNT OF FRAN-
 CHISE  FEES  PAID  BY SUCH ENTITY WITH RESPECT TO THOSE LINES WITHIN ITS
 APPLICABLE FRANCHISE AREA WHICH LINES ARE  USED  FOR  THE  PROVISION  OF
 CABLE  TELEVISION  SERVICE  SHALL  CONSTITUTE A CREDIT AGAINST THE TOTAL
 COMPENSATION AMOUNT PAYABLE WITH RESPECT TO SUCH LINES, AND FURTHER THAT
 IN NO EVENT SHALL THE TOTAL COMPENSATION AMOUNT REQUIRED TO BE  PAID  BY
 ANY  ENTITY THAT HOLDS A CABLE TELEVISION FRANCHISE AGREEMENT EXCEED THE
 MAXIMUM AMOUNT, WITH RESPECT TO LINES WHICH ARE USED FOR  THE  PROVISION
 OF CABLE TELEVISION SERVICE, PERMITTED TO BE CHARGED UNDER FEDERAL LAW.
   4.  CITIES WITH A POPULATION OF ONE MILLION OR MORE ARE HEREBY AUTHOR-
 IZED, TO ADOPT, TO THE EXTENT NOT  INCONSISTENT  WITH  STATE  LAW,  WITH
 RESPECT   TO  TELECOMMUNICATIONS  SERVICES,  REQUIREMENTS  NECESSARY  TO
 PRESERVE AND ADVANCE UNIVERSAL SERVICE, PROTECT THE  PUBLIC  SAFETY  AND
 WELFARE,  ENSURE  THE  CONTINUED QUALITY OF TELECOMMUNICATIONS SERVICES,
 AND SAFEGUARD THE RIGHTS OF CONSUMERS, AS A  DELEGEE  OF  THE  AUTHORITY
 DESCRIBED  IN  TITLE 47, SECTION 253(B) OF THE UNITED STATES CODE OR ANY
 SUCCESSOR PROVISION THERETO. SUCH REQUIREMENTS MAY BE ADOPTED  BY  LOCAL
 LAW  OR  RULE  OR  PURSUANT  TO  CONTRACTS  OR  AGREEMENT, TO THE EXTENT
 CONSISTENT WITH THE APPLICABLE CITY CHARTER.
   5. FOR THE PURPOSES OF THIS SECTION, "COMMUNICATIONS LINES" SHALL MEAN
 CABLE, WIRE, FIBER OR OTHER CLOSED PATH TRANSMISSION MEDIUM THAT MAY  BE
 USED  IN LIEU OF CABLE, WIRE OR FIBER FOR THE SAME PURPOSES, AND RELATED
 EQUIPMENT AND FACILITIES USED FOR THE PROVISION OF ONE OR  MORE  OF  THE
 FOLLOWING  SERVICES:   TELECOMMUNICATIONS SERVICES, INFORMATION SERVICES
 AND CABLE TELEVISION SERVICES (EACH OF WHICH IS DEFINED FOR PURPOSES  OF
 THIS SECTION AS IT IS DEFINED IN TITLE 47 OF THE UNITED STATES CODE).
   6.  ANY  FEE  OR  COMPENSATION  FOR USE OR OCCUPANCY OF COMMUNICATIONS
 LINES WITHIN THE PUBLIC RIGHTS-OF-WAY UNDER A FRANCHISE AGREEMENT WITH A
 CITY PURSUANT TO THIS SECTION, SHALL NOT BE PASSED THROUGH IN  WHOLE  OR

 A. 6390--C                          4
 
 IN  PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR BY ANY OTHER MEANS
 TO ANY CONSUMERS RESIDING OUTSIDE OF SUCH CITY.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent  jurisdiction to be invalid, such judgment  shall  not affect,
 impair,  or invalidate  the remainder thereof, but shall be confined  in
 its  operation to the clause, sentence, paragraph, subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would have been enacted even if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Assembly Bill A6390C

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Sponsored By

BICHOTTE HERMELYN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2021-A6390 - Details

2021-A6390 - Summary

2021-A6390 - Bill Text download pdf

2021-A6390A - Details

2021-A6390A - Summary

2021-A6390A - Bill Text download pdf

2021-A6390B - Details

2021-A6390B - Summary

2021-A6390B - Bill Text download pdf

co-Sponsors

Diana Richardson

2021-A6390C (ACTIVE) - Details

2021-A6390C (ACTIVE) - Summary

2021-A6390C (ACTIVE) - Bill Text download pdf

Comments