N.Y. Public Service Law § 217: Costs and expenses of the commission and department and assessment thereof related to the regulation of cable television companies

§ 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.