§ 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.