Bill Text: NY S00665 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires negotiation of fair terms between cable television franchisees and competing independent cable channels; requires the public service commission to conduct arbitration if such terms and conditions can not be reached; applies to all such agreements entered on or after January 1, 2013.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00665 Detail]

Download: New_York-2013-S00665-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          665
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  AVELLA, ADDABBO, GRISANTI, SQUADRON -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Energy and Telecommunications
       AN ACT to amend the public service law, in relation to requiring negoti-
         ation of fair terms between cable television franchisees and competing
         independent cable channels
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 2 of section 215 of the public
    2  service  law,  as added by chapter 83 of the laws of 1995, is amended to
    3  read as follows:
    4    (b) prescribe minimum standards for inclusion in franchises, including
    5  maximum initial and renewal terms; minimum channel capacity;  provisions
    6  regarding  access to, and facilities to make use of, channels for educa-
    7  tion and public service programs; a requirement that no  such  franchise
    8  may  be  exclusive;  standards  necessary  or appropriate to protect the
    9  interests of viewers of free broadcast television and the public  gener-
   10  ally,  which prohibit or limit cable television companies from prohibit-
   11  ing or entering into agreements prohibiting the sale or  other  transfer
   12  of  rights  for  the  simultaneous  or subsequent transmission over free
   13  broadcast television of any program originated or transmitted over cable
   14  television; PROVISIONS REQUIRING  FRANCHISEES  TO  NEGOTIATE  FAIRLY  TO
   15  DETERMINE  THE  TERMS  AND  CONDITIONS UNDER WHICH COMPETING INDEPENDENT
   16  CABLE CHANNELS WILL BE CARRIED BY THE FRANCHISEE AND, IN THE EVENT  SUCH
   17  AGREEMENT  AS  TO  TERMS  AND  CONDITIONS  CANNOT BE REACHED, PROVISIONS
   18  REQUIRING THE COMMISSION TO CONDUCT AN ARBITRATION OF  THE  MATTER;  and
   19  such other standards for inclusion in franchises as the commission shall
   20  deem necessary or appropriate to protect the public interest;
   21    S  2.  This  act  shall take effect immediately and shall apply to any
   22  agreement between cable television franchisees and competing independent
   23  cable channels entered into on or after January 1, 2013.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03391-01-3