Bill Text: NY S03141 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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--B
            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

        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-
    17  ence to such companies not inconsistent with this section; provided that
    18  such corporation shall, before laying any such line in any city, village

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07234-04-1

        S. 3141--B                          2

     1  or  town  of this state, first obtain from the common council of cities,
     2  or  other  body  having  like  jurisdiction  therein,  the  trustees  of
     3  villages,  or  the  town superintendents of towns, permission to use the
     4  streets  within  such  city, village or town for the purposes herein set
     5  forth. Nothing in  this  section  shall  limit,  alter,  or  affect  the
     6  provisions or powers relating or granted to telegraph corporations here-
     7  tofore  created  by special act of the legislature of this state, except
     8  in so far as to confer on any such corporation the right  to  lay  elec-
     9  trical conductors under ground.
    10    2.  (a)  Notwithstanding  anything  to  the  contrary in this section,
    11  compensation to cities with a population of one million or more for  use
    12  and  occupancy  of public rights-of-way by lines of any such corporation
    13  (whether of electrical conductors or telecommunications lines which  are
    14  not  conductors,  such  as  fiber  optic  lines) heretofore or hereafter
    15  located within such cities shall equal the amount set forth in  subdivi-
    16  sion  three  of  section ninety-nine-a of the public service law, except
    17  that with respect to any such city and corporation that  enters  into  a
    18  franchise  agreement in accordance with the terms of such city's charter
    19  regarding franchise agreements such compensation shall be as provided in
    20  such franchise agreement during the term of such franchise agreement.
    21    (b) To the extent that any entity holds rights preexisting the  effec-
    22  tive date of paragraph (a) of this subdivision with respect to the occu-
    23  pancy  of  public  rights-of-way for certain lines of electrical conduc-
    24  tors,  and  to  the  extent  such  preexisting  rights  would  bar   the
    25  application  of  paragraph  (a)  of this subdivision to such lines, then
    26  paragraph (a) of this subdivision shall not  apply  to  those  lines  to
    27  which such bar would be applicable.
    28    § 2. The public service law is amended by adding a new section 99-a to
    29  read as follows:
    30    § 99-a. Franchises in cities with a population of one million or more.
    31  1.  (a)  The  owner  of  communications  lines located within the public
    32  rights-of-way in any city with a population of one million or more  that
    33  are  used  for  the  provision of information services shall pay to such
    34  city the compensation amount, except that with respect to any such  city
    35  and  owner  that  have  entered into an unexpired franchise agreement or
    36  revocable consent agreement (whichever  may  be  applicable  under  such
    37  city's  charter) for the use of public rights-of-way to provide informa-
    38  tion services in accordance  with  the  terms  of  such  city's  charter
    39  regarding such franchise agreements or revocable consent agreements such
    40  compensation  shall, for the term of such franchise agreement or revoca-
    41  ble consent agreement, be as provided in  such  franchise  agreement  or
    42  revocable consent agreement.
    43    (b)  Notwithstanding  paragraph (a) of this subdivision, to the extent
    44  that with respect to a communications line the owner  has  paid  compen-
    45  sation  to  the  city in accordance with subdivision two of this section
    46  with respect to a particular period, the amount of  such  payment  shall
    47  constitute  a credit against the payment due with respect to that period
    48  under this subdivision.
    49    2. (a) The owner of communications lines  located  within  the  public
    50  rights-of-way  in any city with a population of one million or more that
    51  are used for the provision of telecommunications services shall  pay  to
    52  such  city the compensation amount, except that with respect to any such
    53  city and owner that have entered into an unexpired  franchise  agreement
    54  or  revocable  consent agreement (whichever may be applicable under such
    55  city's charter) for the use of public rights-of-way to provide  telecom-
    56  munications services in accordance with the terms of such city's charter

        S. 3141--B                          3

     1  regarding such franchise agreements or revocable consent agreements such
     2  compensation shall be as provided in such franchise agreement or revoca-
     3  ble consent agreement.
     4    (b)  Notwithstanding  paragraph (a) of this subdivision, to the extent
     5  that with respect to a communications line the owner  has  paid  compen-
     6  sation  to  the  city in accordance with subdivision one of this section
     7  with respect to a particular period, the amount of  such  payment  shall
     8  constitute  a credit against the payment due with respect to that period
     9  under this subdivision.
    10    3. (a) The compensation amount applicable to each  communication  line
    11  occupying public rights-of-way for each full calendar year of such occu-
    12  pation shall be calculated by multiplying the number of linear feet such
    13  line  occupies  in the public rights-of-way by the per foot fee. The per
    14  foot fee with respect to communications lines within any county shall be
    15  calculated by dividing the franchise fee paid by the primary cable fran-
    16  chisee in such county to the local franchising authority during calendar
    17  year two thousand twelve by the number of linear feet which occupied the
    18  public rights-of-way within such county during calendar year  two  thou-
    19  sand twelve and which were used by such primary cable franchisee for the
    20  provision of cable television service. The primary cable franchisee in a
    21  county is the entity holding a franchise from the applicable local fran-
    22  chising  authority authorizing the provision of cable television service
    23  within such county; provided that to the extent that there is more  than
    24  one  such  entity in a county then the primary cable franchisee for such
    25  county shall be the entity that paid the highest total amount  of  fran-
    26  chise fees applicable to its cable television service within such county
    27  during calendar year two thousand twelve.
    28    (b) Notwithstanding paragraph (a) of this subdivision, with respect to
    29  any entity which holds a cable television franchise, the amount of fran-
    30  chise  fees  paid  by such entity with respect to those lines within its
    31  applicable franchise area which lines are  used  for  the  provision  of
    32  cable  television  service  shall  constitute a credit against the total
    33  compensation amount payable with respect to such lines, and further that
    34  in no event shall the total compensation amount required to be  paid  by
    35  any  entity that holds a cable television franchise agreement exceed the
    36  maximum amount, with respect to lines which are used for  the  provision
    37  of cable television service, permitted to be charged under federal law.
    38    4.  Cities with a population of one million or more are hereby author-
    39  ized, to adopt, to the extent not  inconsistent  with  state  law,  with
    40  respect   to  telecommunications  services,  requirements  necessary  to
    41  preserve and advance universal service, protect the  public  safety  and
    42  welfare,  ensure  the  continued quality of telecommunications services,
    43  and safeguard the rights of consumers, as a  delegee  of  the  authority
    44  described  in  title 47, section 253(b) of the United States Code or any
    45  successor provision thereto. Such requirements may be adopted  by  local
    46  law  or  rule  or  pursuant  to  contracts  or  agreement, to the extent
    47  consistent with the applicable city charter.
    48    5. For the purposes of this section, "communications lines" shall mean
    49  cable, wire, fiber or other closed path transmission medium that may  be
    50  used  in lieu of cable, wire or fiber for the same purposes, and related
    51  equipment and facilities used for the provision of one or  more  of  the
    52  following  services:   telecommunications services, information services
    53  and cable television services (each of which is defined for purposes  of
    54  this section as it is defined in title 47 of the United States Code).
    55    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    56  sion,  section  or  part  of  this act shall be adjudged by any court of

        S. 3141--B                          4

     1  competent  jurisdiction to be invalid, such judgment  shall  not affect,
     2  impair,  or invalidate  the remainder thereof, but shall be confined  in
     3  its  operation to the clause, sentence, paragraph, subdivision,  section
     4  or part thereof directly involved in the controversy in which such judg-
     5  ment shall have been rendered. It is hereby declared to be the intent of
     6  the   legislature  that  this  act  would have been enacted even if such
     7  invalid provisions had not been included herein.
     8    § 4. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law. Effective immediately, the addition, amendment and/or
    10  repeal  of  any  rule  or regulation necessary for the implementation of
    11  this act on its effective date are authorized to be made  and  completed
    12  on or before such effective date.
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