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.