Bill Text: NY S06230 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires negotiation of fair terms between cable television franchisees and competing independent cable channels; requires the public service commission to conduct arbitration if such terms and conditions can not be reached; applies to all such agreements entered on or after January 1, 2011.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2012-01-17 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06230 Detail]

Download: New_York-2011-S06230-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6230
                                   I N  S E N A T E
                                   January 17, 2012
                                      ___________
       Introduced  by  Sen.  AVELLA -- 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 requiring negoti-
         ation of fair terms between cable television franchisees and competing
         independent cable channels
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 2 of section 215 of the public
    2  service law, as added by chapter 83 of the laws of 1995, is  amended  to
    3  read as follows:
    4    (b) prescribe minimum standards for inclusion in franchises, including
    5  maximum  initial and renewal terms; minimum channel capacity; provisions
    6  regarding access to, and facilities to make use of, channels for  educa-
    7  tion  and  public service programs; a requirement that no such franchise
    8  may be exclusive; standards necessary  or  appropriate  to  protect  the
    9  interests  of viewers of free broadcast television and the public gener-
   10  ally, which prohibit or limit cable television companies from  prohibit-
   11  ing  or  entering into agreements prohibiting the sale or other transfer
   12  of rights for the simultaneous  or  subsequent  transmission  over  free
   13  broadcast television of any program originated or transmitted over cable
   14  television;  PROVISIONS  REQUIRING  FRANCHISEES  TO  NEGOTIATE FAIRLY TO
   15  DETERMINE THE TERMS AND CONDITIONS  UNDER  WHICH  COMPETING  INDEPENDENT
   16  CABLE  CHANNELS WILL BE CARRIED BY THE FRANCHISEE AND, IN THE EVENT SUCH
   17  AGREEMENT AS TO TERMS  AND  CONDITIONS  CANNOT  BE  REACHED,  PROVISIONS
   18  REQUIRING  THE  COMMISSION  TO CONDUCT AN ARBITRATION OF THE MATTER; and
   19  such other standards for inclusion in franchises as the commission shall
   20  deem necessary or appropriate to protect the public interest;
   21    S 2. This act shall take effect immediately and  shall  apply  to  any
   22  agreement between cable television franchisees and competing independent
   23  cable channels entered into on or after January 1, 2011.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14043-01-2