Bill Text: NY A02238 | 2013-2014 | General Assembly | Introduced

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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 5-2)

Status: (Introduced - Dead) 2014-03-04 - held for consideration in corporations, authorities and commissions [A02238 Detail]

Download: New_York-2013-A02238-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2238
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. CROUCH, FINCH, McKEVITT, REILICH, HAWLEY, McDO-
         NOUGH, THIELE, ABINANTI -- 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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06381-01-3
       A. 2238                             2
    1  AWARD, THE COURT SHALL ISSUE AN ORDER  REQUIRING  THE  CABLE  TELEVISION
    2  COMPANY  TO  COMPLY  WITH  THE PROVISIONS OF THIS SECTION WITHIN FIFTEEN
    3  DAYS. FAILURE TO COMPLY WITHIN THE FIFTEEN DAY PERIOD SHALL CONSTITUTE A
    4  SEPARATE  OFFENSE  FOR  WHICH  THE SUBSCRIBER MAY BRING ANOTHER CAUSE OF
    5  ACTION PURSUANT TO THIS SUBDIVISION.
    6    5. FOR THE PURPOSES OF THIS SECTION, A  "SUBSCRIBER"  SHALL  MEAN  ANY
    7  PERSON WHO IS CURRENTLY RECEIVING SERVICE FROM A CABLE TELEVISION COMPA-
    8  NY,  OR WHO IS SEEKING TO RECEIVE SERVICE FROM A CABLE TELEVISION COMPA-
    9  NY.
   10    S 2. This act shall take effect on the one hundred eightieth day after
   11  it shall have become a law. Effective immediately,  the  public  service
   12  commission  may  implement any rule or regulation necessary to determine
   13  the appropriate rate of charge for individual channels or the  procedure
   14  for submitting such rates to the commission.