Section 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.