§ 217. Costs and expenses of the commission and department and
assessment thereof related to the regulation of cable television
companies. 1. All costs and expenses of the department and commission
related to cable television companies shall be paid pursuant to
appropriation in the first instance from the state treasury, on the
certification of the chairman of the department and upon the audit and
warrant of the comptroller. The state treasury shall be reimbursed
therefor by payments to be made thereto from moneys collected pursuant
to this article.

2. Notwithstanding the provisions of subdivision one of this section,
by February first of each year, the chairman of the department shall
estimate the total direct and indirect costs and expenses necessary to
operate and administer the powers and duties of the commission and
department relating to cable television companies for the ensuing state
fiscal year. The chairman shall, prior to March first, bill and collect
from each cable television company an amount computed by multiplying
such total estimated operating expenses of the commission by a fraction
the numerator of which is the gross annual receipts of such cable
television company during the last preceding calendar year or other
twelve month period as determined by the chairman, and the denominator
of which is the total gross annual receipts of all cable television
companies operating in the state during such period. A cable television
company may elect to make partial payments equal to one quarter of the
total amount billed, by March tenth of the preceding fiscal year and
June tenth, September tenth, and December tenth of the fiscal year to
which the billing relates, or on such other dates as the director of the
budget may require. On or before September thirtieth of each year, the
chairman shall compute the actual direct and indirect costs and expenses
of the commission for cable television regulation for the preceding
state fiscal year and shall compute the amount actually received as
reimbursement for the preceding state fiscal year. If such amount
collected by the department as reimbursement for the preceding fiscal
year is less than the direct and indirect costs and expenses incurred by
the commission and the department for cable television regulation during
such preceding fiscal year, the chairman shall, on or before October
fifteenth of each year, bill each cable television company for its
proportionate share of the deficit. Any amount owing by any cable
television company shall be payable not later than thirty days following
the date of such bill. Any amount owing by any cable television company
which remains unpaid by May first of the following year shall be
included in the estimate of the total direct and indirect costs and
expenses necessary to operate and administer the powers and duties of
the commission and the department related to cable television regulation
for the current state fiscal year. If the amount collected for a fiscal
year is more than the direct and indirect costs and expenses related to
cable television regulation incurred by the commission and department
during such fiscal year, the chairman shall, on or before October
fifteenth of the following fiscal year, refund or credit each cable
television company for its proportionate share of the surplus. Any
amount standing to the credit of any cable television company shall be
applied as a credit against any succeeding payment due. In no event
shall the amount billed to or collected from any cable television
company pursuant to this section exceed two percent of the gross annual
receipts of such company during the twelve month period designated by
the commission.