Bill Text: NY A01888 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires cable television companies to offer cable television channels on an individual basis; provides that the public service commission be responsible for approving rates.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2020-07-13 - held for consideration in corporations, authorities and commissions [A01888 Detail]

Download: New_York-2019-A01888-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1888
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of  A.  CROUCH,  ABINANTI, FINCH, HAWLEY, McDONOUGH,
          THIELE -- read once and referred to  the  Committee  on  Corporations,
          Authorities and Commissions
        AN ACT to amend the public service law, in relation to providing custom-
          ers the right to choose the stations that they wish to receive
          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  225-a to read as follows:
     3    §  225-a. Cable subscribers right to access. 1. Every cable television
     4  company shall provide each subscriber the option to access  cable  chan-
     5  nels  on an individual basis. Any cable subscriber shall be provided the
     6  ability to determine each cable channel that is delivered to his or  her
     7  house.  A  cable  company may continue to offer a group of channels as a
     8  package deal with a package rate,  provided  that  subscribers  are  not
     9  required to purchase channels as a package.
    10    2.  Notwithstanding  the provisions of section two hundred twenty-five
    11  of this article to the contrary, a  cable  television  company  may  not
    12  charge  a subscriber for any channel that the subscriber does not choose
    13  to purchase.
    14    3. All rates charged by cable television companies to subscribers  for
    15  individual  channels  shall  be  first  submitted  to the public service
    16  commission for approval. The public service commission shall ensure that
    17  a cable television company does not charge an inflated rate for an indi-
    18  vidual channel in an attempt to require subscribers to purchase  package
    19  deals. The commission shall make a determination.
    20    4.  Any  subscriber  who  is denied the ability to purchase individual
    21  channels by a cable television company may bring an action in his or her
    22  own name. Such person shall be entitled to his or her actual damages  or
    23  five  hundred dollars, whichever is greater. In addition to any monetary
    24  award, the court shall issue an order  requiring  the  cable  television
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02982-01-9

        A. 1888                             2
     1  company  to  comply  with  the provisions of this section within fifteen
     2  days. Failure to comply within the fifteen day period shall constitute a
     3  separate offense for which the subscriber may  bring  another  cause  of
     4  action pursuant to this subdivision.
     5    5.  For  the  purposes  of this section, a "subscriber" shall mean any
     6  person who is currently receiving service from a cable television compa-
     7  ny, or who is seeking to receive service from a cable television  compa-
     8  ny.
     9    § 2. This act shall take effect on the one hundred eightieth day after
    10  it  shall  have  become a law. Effective immediately, the public service
    11  commission may implement any rule or regulation necessary  to  determine
    12  the  appropriate rate of charge for individual channels or the procedure
    13  for submitting such rates to the commission.
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