Bill Text: NY S08311 | 2017-2018 | General Assembly | Amended

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Bill Title: Prohibits a commercial landlord from interfering with the installation of telephone corporation facilities upon his or her property or premises.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2018-06-20 - SUBSTITUTED BY A8010B [S08311 Detail]

Download: New_York-2017-S08311-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8311--A
                    IN SENATE
                                     April 30, 2018
                                       ___________
        Introduced  by  Sens.  GRIFFO, BONACIC, HELMING, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Energy and  Telecommunications  --  reported  favorably  from  said
          committee  and  committed  to  the  Committee  on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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.  The public service law is amended by adding a new section
     2  103 to read as follows:
     3    § 103. Commercial landlord-tenant relationship.  1. No landlord  of  a
     4  commercial  property  shall (a) interfere with the installation of tele-
     5  phone corporation facilities upon such property or premises, except that
     6  a landlord of a commercial property may require:
     7    (1) that the installation of telephone corporation facilities  conform
     8  to  such  reasonable  conditions as are necessary to protect the safety,
     9  functioning and appearance of the  premises,  and  the  convenience  and
    10  well-being of other tenants;
    11    (2) that the telephone corporation bear the entire cost of the instal-
    12  lation, operation or removal of such facilities; and
    13    (3)  that the telephone corporation agree to indemnify the landlord of
    14  the commercial property for any damage caused by the installation, oper-
    15  ation or removal of such facilities;
    16    (b) demand or accept payment from any commercial tenant, in any  form,
    17  in  exchange  for permitting telephone corporation services on or within
    18  such commercial property or premises, or from any telephone  corporation
    19  in exchange therefor in excess of any amount which the commission shall,
    20  by regulation, determine to be reasonable; or
    21    (c)  discriminate  in  rental charges or otherwise, between commercial
    22  tenants who receive telephone corporation services and those who do not.
    23    2. No telephone corporation may enter  into  any  agreement  with  the
    24  owners,  lessees or persons controlling or managing commercial buildings
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11794-05-8
        S. 8311--A                          2
     1  served by a telephone corporation, or do or permit any act,  that  would
     2  have  the  effect,  directly or indirectly of diminishing or interfering
     3  with existing rights of any tenant or other occupant of such building to
     4  use or avail himself or herself of telecommunications services.
     5    §  2. This act shall take effect immediately and shall apply to leases
     6  entered into, modified or renewed on and after such date.