It is enacted by the General Assembly as follows:

SECTION 1. Section 39-19-9 of the General Laws in Chapter 39-19 entitled "Community Antenna Television systems" is hereby amended to read as follows:

{ADD 39-19-9. Administrative expenses -- Assessment against franchise holders. -- ADD} (a) The administrator shall determine the expenses of the division of public utilities and carriers associated with the regulation of operational community antenna television systems, including the cost of division personnel and consultants performing duties directly associated with such systems for each upcoming year. The administrator shall thereupon apportion and assess one hundred percent (100%) of the expenses among the several operating CATV franchise holders located in this state in the proportion that the gross revenue of each CATV franchise shall bear to the gross revenues of all of the CATV franchises issued and operational; provided, however, that the sum so apportioned and assessed shall not exceed {DEL one DEL} {ADD two ADD} hundred {DEL fifty DEL} thousand dollars ( {DEL $150,000 DEL} {ADD $200,000 ADD} ) for any fiscal year and the amount of any individual assessment shall not exceed three percent (3%) of any individual CATV franchise holder's gross revenues. Such sum so apportioned and assessed shall be in addition to any taxes payable to the state under any other provision of law.

(b) CATV franchise awardees who have received compliance order certificates but have not received operational certificates shall be assessed two thousand five hundred dollars ($2,500.00) for any fiscal year in which they are franchised but not in operation.

{DEL (c) In order to accelerate over a three (3) year period recovery of the expenses provided by this section, so that by the fiscal year 1994 budget systems subject to the assessments under this section shall be paying expenses prospectively on an estimated basis, the administrator shall utilize the following assessment methodology, commencing with the fiscal year 1991 budget, to recover expenses incurred or to be incurred by the division; for each of the fiscal years 1991, 1992 and 1993, the administrator shall assess systems subject to this section a sum equal to the lesser of (i) one hundred thirty-three and one-third per cent (133 1/3%) of the actual expenses incurred by the division for the fiscal years 1990, 1991 and 1992, respectively, or (ii) one hundred thirty-three and one-third per cent (133 1/3%) of one hundred fifty thousand dollars ($150,000). DEL}

{DEL (d) DEL} {ADD (c) ADD} The administrator,, shall apply any budgetary balance or shortfalls from the preceding annual assessment toward the next fiscal year assessment.

{DEL (e) DEL} {ADD (d) ADD} Upon collection from the several franchise holders operating in this state, assessments shall be deposited in a newly created special fund to be known as the division CATV funding account, and shall also consist of such sums as the state may from time to time appropriate. This fund shall not be a part of the general fund of the state, but shall be paid out by the general treasurer only upon receipt of properly authenticated vouchers signed by the administrator or his or her designee without the necessity of appropriation or reappropriation by the general assembly. The moneys in said fund shall be expended at the discretion of the administrator for meeting CATV-related operations expenses of the division.

SECTION 2. This act shall take effect upon passage.