S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3960
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 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.
                                                            LBD02371-01-3
              

 A. 3960                             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
 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.
   (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
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 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
 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,
 A. 3960                             4
 
 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.