Bill Text: NY A01416 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to information cable television companies must provide to subscribers regarding availability of required equipment at retail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-19 - REFERRED TO RULES [A01416 Detail]

Download: New_York-2019-A01416-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1416--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 15, 2019
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Corporations, Authorities and  Commissions  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public service law, in relation  to  establishing  a
          cap  on  the  amount  a subscriber may be charged for leasing a modem,
          remote or other  device  from  a  cable  television  company;  and  in
          relation  to  information  cable  television companies must provide to
          subscribers regarding availability of required equipment at retail

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The public service law is amended by adding a new section
     2  231 to read as follows:
     3    § 231. Leasing of equipment. 1. For the purposes of this section,  the
     4  following terms shall have the following meanings:
     5    (a)  "lease"  means  a  contract  or  instrument conveying property to
     6  another for a specified period or for a period determinable at the  will
     7  of either lessor or lessee in consideration of compensation; and
     8    (b)  "modem" means an electronic device that makes possible the trans-
     9  mission of data to or from a computer via telephone  or  other  communi-
    10  cation lines.
    11    2.  No  cable television company shall charge any subscriber an amount
    12  which is more than the actual cost of the modem, remote control  or  any
    13  other device paid for by the company and provided to the subscriber.
    14    3.  A  cable or internet provider shall disclose in an initial billing
    15  correspondence: (a) the amount the equipment costs the company, (b)  how
    16  many  payments  the  subscriber must make on the equipment in total, and
    17  (c) information regarding how or where a subscriber  may  purchase  such
    18  equipment at retail.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06362-04-9

        A. 1416--B                          2

     1    4.  No  cable television company shall charge any subscriber a monthly
     2  fee for the lease or use of a new modem, remote control or other  device
     3  beyond  twelve  months  after  such  equipment has been provided by such
     4  cable television company. If a cable  television  company  replaces  the
     5  customer's  existing  modem,  remote  control or other device with a new
     6  modem, remote control or other device during or after such twelve  month
     7  period an additional twelve month period shall commence.
     8    5.  No  cable television company shall charge an additional or monthly
     9  fee for the maintenance of a provided modem,  remote  control  or  other
    10  device.
    11    6.  Whenever  there  shall be a violation of this section, application
    12  may be made by the commission in the name of the people of the state  of
    13  New York to a court or justice having jurisdiction by a special proceed-
    14  ing to issue an injunction, and upon notice to the defendant of not less
    15  than  five  days,  to  enjoin  and  restrain  the  continuance  of  such
    16  violations; and if it shall appear to the satisfaction of the  court  or
    17  justice  that  the  defendant  has,  in  fact, violated this section, an
    18  injunction may be  issued  by  such  court  or  justice,  enjoining  and
    19  restraining  any  further  violation,  without  requiring proof that any
    20  person has, in fact, been injured or damaged thereby.
    21    7. Whenever the court shall determine that a violation of this section
    22  has occurred, the court may impose a civil penalty of not more than five
    23  hundred dollars for each violation.
    24    § 2. Subdivision 4 of section 224-a  of  the  public  service  law  is
    25  amended by adding a new paragraph (d) to read as follows:
    26    (d)  Each  cable  television  company  shall  provide  to  each of its
    27  subscribers at the time of the initial subscription and at  least  semi-
    28  annually thereafter a written description of: (1) the equipment required
    29  for  such  subscription;  (2)  information  regarding  how  or  where  a
    30  subscriber may purchase such equipment at retail;  and  (3)  information
    31  regarding  what retail equipment is compatible with the cable television
    32  company system. For purposes of this paragraph "equipment" shall include
    33  but not be limited to a modem or electronic device that  makes  possible
    34  the  transmission  of  data to or from a computer via telephone or other
    35  communication lines.
    36    § 3. This act shall take effect immediately.
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