S T A T E O F N E W Y O R K ________________________________________________________________________ 2097 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to prohibiting providers of multichannel video programming from entering into exclu- sive marketing agreements with the owner or manager of a residential multiple dwelling unit THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 228 of the public service law is amended by adding 2 a new subdivision 4 to read as follows: 3 4. (A) NO PROVIDER OF MULTICHANNEL VIDEO PROGRAMMING OR OWNERS, 4 LESSORS, MANAGERS OR PERSONS CONTROLLING OR MANAGING A RESIDENTIAL 5 MULTIPLE DWELLING UNIT SHALL ENTER INTO OR RENEW ANY EXCLUSIVE MARKETING 6 AGREEMENT WITH REGARD TO MULTICHANNEL VIDEO PROGRAMMING SERVICES. 7 (B) "EXCLUSIVE MARKETING AGREEMENT" MEANS A CONTRACT OR OTHER ARRANGE- 8 MENT, OTHER THAN A BULK SALES ARRANGEMENT, BETWEEN THE OWNER, LESSOR, 9 MANAGER OR PERSON CONTROLLING OR MANAGING A RESIDENTIAL MULTIPLE DWELL- 10 ING UNIT AND A MULTICHANNEL VIDEO PROGRAMMING PROVIDER IN WHICH A MULTI- 11 CHANNEL VIDEO PROGRAMMING PROVIDER IS GRANTED PREFERENCE OR EXCLUSIVE 12 RIGHTS WITH REGARD TO THE MARKETING OR OFFERING OF SERVICES, OR ACCESS 13 TO THE PREMISES FOR PURPOSES THEREOF. 14 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06391-01-1