Bill Text: NY A06564 | 2011-2012 | General Assembly | Introduced

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Bill Title: Forbids building owners of multi-tenant properties to discriminate against telephone companies in physical access to the property to install equipment and provide telecommunications services; gives the public service commission authority to regulate access and adjudicate disputes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A06564 Detail]

Download: New_York-2011-A06564-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6564
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 22, 2011
                                      ___________
       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to amend the public service law, in relation to discrimination in
         franchises and privileges
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 99 of the public service law is amended by adding a
    2  new subdivision 4 to read as follows:
    3    4.  NO  BUILDING OWNER MAY DISCRIMINATE AGAINST A TELEPHONE COMPANY OR
    4  ITS ABILITY TO PROVIDE SERVICES TO ONE OR MORE TENANTS OF A MULTI-TENANT
    5  PROPERTY THAT IS OWNED OR CONTROLLED BY THE  BUILDING  OWNER,  INCLUDING
    6  DISCRIMINATORY  TERMS  AND CONDITIONS BY WHICH A TELEPHONE COMPANY GAINS
    7  PHYSICAL ACCESS TO THE PROPERTY TO  PLACE  ITS  FACILITIES  AND  PROVIDE
    8  TELECOMMUNICATIONS  SERVICES  TO  THE PROPERTY'S TENANTS. THE COMMISSION
    9  SHALL HAVE JURISDICTION TO IMPLEMENT THE PROVISIONS OF THIS  SUBDIVISION
   10  BY  APPROPRIATE RULES AND REGULATIONS AND TO ADJUDICATE ADMINISTRATIVELY
   11  DISPUTES ARISING UNDER THIS SUBDIVISION. IN NO EVENT  MAY  THE  LACK  OF
   12  AGREEMENT  OVER  TERMS  AND  CONDITIONS OF ACCESS DELAY THE ABILITY OF A
   13  REQUESTING TELECOMMUNICATIONS COMPANY TO OBTAIN  ACCESS  FOR  MORE  THAN
   14  THIRTY DAYS FOLLOWING AN INITIAL REQUEST THEREFOR.
   15    S  2. Section 228 of the public service law is amended by adding a new
   16  subdivision 4 to read as follows:
   17    4. (A) NO  PROVIDER  OF  MULTICHANNEL  VIDEO  PROGRAMMING  OR  OWNERS,
   18  LESSORS,  MANAGERS  OR  PERSONS  CONTROLLING  OR  MANAGING A RESIDENTIAL
   19  MULTIUNIT BUILDING SHALL ENTER INTO OR  RENEW  ANY  EXCLUSIVE  MARKETING
   20  AGREEMENT WITH REGARD TO MULTICHANNEL VIDEO PROGRAMMING SERVICES.
   21    (B)  FOR  PURPOSES OF THIS SUBDIVISION "EXCLUSIVE MARKETING AGREEMENT"
   22  IS A CONTRACT OR OTHER ARRANGEMENT, OTHER THAN A BULK SALES ARRANGEMENT,
   23  BETWEEN THE OWNER, LESSOR, MANAGER OR PERSON CONTROLLING OR  MANAGING  A
   24  RESIDENTIAL  MULTIUNIT  BUILDING  AND  A  MULTICHANNEL VIDEO PROGRAMMING
   25  PROVIDER IN WHICH A MULTICHANNEL VIDEO PROGRAMMING PROVIDER  IS  GRANTED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02125-01-1
       A. 6564                             2
    1  PREFERENCE  OR EXCLUSIVE RIGHTS WITH REGARD TO THE MARKETING OR OFFERING
    2  OF SERVICES, OR ACCESS TO THE PREMISES FOR PURPOSES THEREOF.
    3    S 3. This act shall take effect on the one hundred twentieth day after
    4  it  shall have become a law. Effective immediately any and all rules and
    5  regulations and any other measures necessary to implement any  provision
    6  of  this act on its effective date may be promulgated and taken, respec-
    7  tively, on or before the effective date of such provision.