Bill Text: NY A05154 | 2023-2024 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A05154 Detail]

Download: New_York-2023-A05154-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5154

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 3, 2023
                                       ___________

        Introduced  by  M.  of  A.  TANNOUSIS  --  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
    25  company to comply with the provisions of  this  section  within  fifteen

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05228-01-3
        A. 5154                             2

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