Bill Text: NY S03141 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes broadband franchises in cities with a population of one million or more.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03141 Detail]
Download: New_York-2021-S03141-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3141--C Cal. No. 598 2021-2022 Regular Sessions IN SENATE January 27, 2021 ___________ Introduced by Sens. PARKER, BIAGGI, MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation -- committee discharged and said bill committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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: 1 Section 1. Section 27 of the transportation corporations law, as 2 amended by chapter 840 of the laws of 1977, is amended to read as 3 follows: 4 § 27. Construction of lines. 1. Any such corporation may erect, 5 construct and maintain the necessary fixtures for its lines upon, over 6 or under any of the public roads, streets and highways; and through, 7 across or under any of the waters within the limits of this state, and 8 may erect, construct and maintain its necessary stations, plants, equip- 9 ment or lines upon, through or over any other land, subject to the right 10 of the owners thereof to full compensation for the same. If any such 11 corporation can not agree with such owner or owners upon the compen- 12 sation to be paid therefor, such compensation shall be ascertained in 13 the manner provided in the eminent domain procedure law. Any such corpo- 14 ration is authorized, from time to time, to construct and lay lines of 15 electrical conductors under ground in any city, village or town within 16 the limits of this state, subject to all the provisions of law in refer- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07234-06-1S. 3141--C 2 1 ence to such companies not inconsistent with this section; provided that 2 such corporation shall, before laying any such line in any city, village 3 or town of this state, first obtain from the common council of cities, 4 or other body having like jurisdiction therein, the trustees of 5 villages, or the town superintendents of towns, permission to use the 6 streets within such city, village or town for the purposes herein set 7 forth. Nothing in this section shall limit, alter, or affect the 8 provisions or powers relating or granted to telegraph corporations here- 9 tofore created by special act of the legislature of this state, except 10 in so far as to confer on any such corporation the right to lay elec- 11 trical conductors under ground. 12 2. (a) Notwithstanding anything to the contrary in this section, 13 compensation to cities with a population of one million or more for use 14 and occupancy of public rights-of-way by lines of any such corporation 15 (whether of electrical conductors or telecommunications lines which are 16 not conductors, such as fiber optic lines) heretofore or hereafter 17 located within such cities shall equal the amount set forth in subdivi- 18 sion three of section ninety-nine-a of the public service law, except 19 that with respect to any such city and corporation that enters into a 20 franchise agreement in accordance with the terms of such city's charter 21 regarding franchise agreements such compensation shall be as provided in 22 such franchise agreement during the term of such franchise agreement. 23 (b) To the extent that any entity holds rights preexisting the effec- 24 tive date of paragraph (a) of this subdivision with respect to the occu- 25 pancy of public rights-of-way for certain lines of electrical conduc- 26 tors, and to the extent such preexisting rights would bar the 27 application of paragraph (a) of this subdivision to such lines, then 28 paragraph (a) of this subdivision shall not apply to those lines to 29 which such bar would be applicable. 30 § 2. The public service law is amended by adding a new section 99-a to 31 read as follows: 32 § 99-a. Franchises in cities with a population of one million or more. 33 1. (a) The owner of communications lines located within the public 34 rights-of-way in any city with a population of one million or more that 35 are used for the provision of information services shall pay to such 36 city the compensation amount, except that with respect to any such city 37 and owner that have entered into an unexpired franchise agreement or 38 revocable consent agreement (whichever may be applicable under such 39 city's charter) for the use of public rights-of-way to provide informa- 40 tion services in accordance with the terms of such city's charter 41 regarding such franchise agreements or revocable consent agreements such 42 compensation shall, for the term of such franchise agreement or revoca- 43 ble consent agreement, be as provided in such franchise agreement or 44 revocable consent agreement. 45 (b) Notwithstanding paragraph (a) of this subdivision, to the extent 46 that with respect to a communications line the owner has paid compen- 47 sation to the city in accordance with subdivision two of this section 48 with respect to a particular period, the amount of such payment shall 49 constitute a credit against the payment due with respect to that period 50 under this subdivision. 51 2. (a) The owner of communications lines located within the public 52 rights-of-way in any city with a population of one million or more that 53 are used for the provision of telecommunications services shall pay to 54 such city the compensation amount, except that with respect to any such 55 city and owner that have entered into an unexpired franchise agreement 56 or revocable consent agreement (whichever may be applicable under suchS. 3141--C 3 1 city's charter) for the use of public rights-of-way to provide telecom- 2 munications services in accordance with the terms of such city's charter 3 regarding such franchise agreements or revocable consent agreements such 4 compensation shall be as provided in such franchise agreement or revoca- 5 ble consent agreement. 6 (b) Notwithstanding paragraph (a) of this subdivision, to the extent 7 that with respect to a communications line the owner has paid compen- 8 sation to the city in accordance with subdivision one of this section 9 with respect to a particular period, the amount of such payment shall 10 constitute a credit against the payment due with respect to that period 11 under this subdivision. 12 3. (a) The compensation amount applicable to each communication line 13 occupying public rights-of-way for each full calendar year of such occu- 14 pation shall be calculated by multiplying the number of linear feet such 15 line occupies in the public rights-of-way by the per foot fee. The per 16 foot fee with respect to communications lines within any county shall be 17 calculated by dividing the franchise fee paid by the primary cable fran- 18 chisee in such county to the local franchising authority during calendar 19 year two thousand twelve by the number of linear feet which occupied the 20 public rights-of-way within such county during calendar year two thou- 21 sand twelve and which were used by such primary cable franchisee for the 22 provision of cable television service. The primary cable franchisee in a 23 county is the entity holding a franchise from the applicable local fran- 24 chising authority authorizing the provision of cable television service 25 within such county; provided that to the extent that there is more than 26 one such entity in a county then the primary cable franchisee for such 27 county shall be the entity that paid the highest total amount of fran- 28 chise fees applicable to its cable television service within such county 29 during calendar year two thousand twelve. 30 (b) Notwithstanding paragraph (a) of this subdivision, with respect to 31 any entity which holds a cable television franchise, the amount of fran- 32 chise fees paid by such entity with respect to those lines within its 33 applicable franchise area which lines are used for the provision of 34 cable television service shall constitute a credit against the total 35 compensation amount payable with respect to such lines, and further that 36 in no event shall the total compensation amount required to be paid by 37 any entity that holds a cable television franchise agreement exceed the 38 maximum amount, with respect to lines which are used for the provision 39 of cable television service, permitted to be charged under federal law. 40 4. Cities with a population of one million or more are hereby author- 41 ized, to adopt, to the extent not inconsistent with state law, with 42 respect to telecommunications services, requirements necessary to 43 preserve and advance universal service, protect the public safety and 44 welfare, ensure the continued quality of telecommunications services, 45 and safeguard the rights of consumers, as a delegee of the authority 46 described in title 47, section 253(b) of the United States Code or any 47 successor provision thereto. Such requirements may be adopted by local 48 law or rule or pursuant to contracts or agreement, to the extent 49 consistent with the applicable city charter. 50 5. For the purposes of this section, "communications lines" shall mean 51 cable, wire, fiber or other closed path transmission medium that may be 52 used in lieu of cable, wire or fiber for the same purposes, and related 53 equipment and facilities used for the provision of one or more of the 54 following services: telecommunications services, information services 55 and cable television services (each of which is defined for purposes of 56 this section as it is defined in title 47 of the United States Code).S. 3141--C 4 1 6. Any fee or compensation for use or occupancy of communications 2 lines within the public rights-of-way under a franchise agreement with a 3 city pursuant to this section, shall not be passed through in whole or 4 in part as a fee, charge, increased service cost, or by any other means 5 to any consumers residing outside of such city. 6 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 7 sion, section or part of this act shall be adjudged by any court of 8 competent jurisdiction to be invalid, such judgment shall not affect, 9 impair, or invalidate the remainder thereof, but shall be confined in 10 its operation to the clause, sentence, paragraph, subdivision, section 11 or part thereof directly involved in the controversy in which such judg- 12 ment shall have been rendered. It is hereby declared to be the intent of 13 the legislature that this act would have been enacted even if such 14 invalid provisions had not been included herein. 15 § 4. This act shall take effect on the ninetieth day after it shall 16 have become a law. Effective immediately, the addition, amendment and/or 17 repeal of any rule or regulation necessary for the implementation of 18 this act on its effective date are authorized to be made and completed 19 on or before such effective date.
