§ 39-19-9 - Administrative expenses – Assessment against franchise holders.
SECTION 39-19-9
§ 39-19-9 Administrative expenses –Assessment against franchise holders. – (a) The administrator shall determine the expenses of the division of publicutilities and carriers associated with the regulation of operational communityantenna television systems, including the cost of division personnel andconsultants performing duties directly associated with the systems for eachupcoming year. The administrator shall apportion and assess one hundred percent(100%) of the expenses among the several operating CATV franchise holderslocated in this state in the proportion that the gross revenue of each CATVfranchise shall bear to the gross revenues of all of the CATV franchises issuedand operational; provided, however, that the sum so apportioned and assessedshall not exceed two hundred fifty thousand dollars ($250,000) for any fiscalyear and the amount of any individual assessment shall not exceed three percent(3%) of any individual CATV franchise holder's gross revenues. The sum soapportioned and assessed shall be in addition to any taxes payable to the stateunder any other provision of law.
(b) CATV franchise awardees who have received complianceorder certificates but have not received operational certificates shall beassessed two thousand five hundred dollars ($2,500) for any fiscal year inwhich they are franchised but not in operation.
(c) The administrator shall apply any budgetary balance orshortfalls from the preceding annual assessment toward the next fiscal yearassessment.
(d) Upon collection from the several franchise holdersoperating in this state, assessments shall be deposited in the public utilitiescommission funding account as established pursuant to § 39-1-23. Themoneys deposited in the public utilities commission funding account pursuant tothis section shall be expended at the discretion of the administrator formeeting CATV related operations expenses of the division.