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A06968 Summary:

BILL NOA06968
 
SAME ASNo Same As
 
SPONSORVanel
 
COSPNSR
 
MLTSPNSR
 
Add Art 41-A §1030, Gen Bus L
 
Requires every entity responsible for the broadcast rights of a sports team which is part of a national or international professional sports league to ensure that every publicly broadcast game played by such sports team which is played in a facility that is benefitting or has benefitted from state funds, tax subsidies, eminent domain, or another valuable benefit that was made at a cost to the state, shall be made available to view at no cost within the county such facility is situated in and its adjoining counties.
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A06968 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6968
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2025
                                       ___________
 
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to providing local
          professional sports broadcasts at no cost
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Short title. This act shall be known and may be cited as
     2  the "open and unrestricted right  to  see  team  athletic  displays  for
     3  inhabitants of unique markets act".
     4    §  2. The general business law is amended by adding a new article 41-A
     5  to read as follows:
 
     6                                ARTICLE 41-A
     7                          NO-COST SPORTS BROADCASTS
 
     8  Section 1030. No-cost sports broadcasts.
     9    § 1030. No-cost sports broadcasts.   1. As used in  this  section  the
    10  following terms shall have the following meanings:
    11    (a)  "No-cost  broadcaster"  shall mean the entity that is responsible
    12  for disseminating a live athletic competition in  any  widely  available
    13  audiovisual format to the public.
    14    (b)  "National or international professional sports league" shall mean
    15  any organized athletic league that is comprised of multiple  teams  from
    16  multiple  states or countries in which athletes are compensated by their
    17  respective teams or the league and who compete against  one  another  in
    18  athletic competition.
    19    (c) "Broadcast" shall mean to disseminate live content in an audiovis-
    20  ual format.
    21    2.  (a)  Every entity responsible for the broadcast rights of a sports
    22  team which is part of a national or  international  professional  sports
    23  league  shall  ensure that every publicly broadcast athletic competition
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09319-03-5

        A. 6968                             2
 
     1  played by such sports team which is played in a facility that  is  bene-
     2  fitting  or  has  benefitted  from  state  funds, tax subsidies, eminent
     3  domain, or another valuable benefit that was  made  at  a  cost  to  the
     4  state,  shall  be  made  available to view at no cost to every household
     5  within the county such facility is situated in and its  adjoining  coun-
     6  ties, or if such sports team is affiliated with New York, but the facil-
     7  ity  in  which  such  team's  athletic competitions are played in is not
     8  located within the state,  such  athletic  competitions  shall  be  made
     9  available to view at no cost to all households located within any county
    10  within the state with a population of one million or more.
    11    (b)  For  purposes  of  this  section,  an  athletic competition shall
    12  presumptively be deemed to be made available to view at no cost  to  all
    13  households  located  within  the area required by this subdivision where
    14  the entity responsible  for  the  broadcast  rights  of  a  sports  team
    15  provides  one  or  more reasonably accessible broadcasts of the athletic
    16  competition that is reasonably calculated to reach the  same  number  of
    17  households that a paid option would have.
    18    3.  (a)  A  broadcast  made  available  to view at no cost pursuant to
    19  subdivision two of this section shall be  either  the  same  audiovisual
    20  broadcast  of  such  athletic  competition which is available to view as
    21  part of a paid service or shall be substantially equivalent.
    22    (b) An entity responsible for the broadcast rights of a sports team as
    23  described in subdivision two of this section shall supply, or require  a
    24  third  party  responsible for the paid broadcast of an athletic competi-
    25  tion to supply, the no-cost broadcaster with an audiovisual broadcast of
    26  an athletic competition which is the same or substantially equivalent to
    27  the audiovisual broadcast of such athletic competition which  is  avail-
    28  able to view as part of a paid service.
    29    (c)  An  entity, or an employee, agent, or another at the direction of
    30  the entity, shall not  impose  any  restriction  requiring  the  no-cost
    31  broadcaster  of  an  athletic  competition  to reduce the quality of the
    32  audiovisual broadcast of such athletic competition to a quality that  is
    33  not the same or substantially equivalent to the audiovisual broadcast of
    34  such  athletic  competition which is available to view as part of a paid
    35  service.
    36    4. Wherever the  attorney  general  shall  find  that  an  entity  has
    37  violated this article, an application may be made by the attorney gener-
    38  al  in  the  name  of  the people of the state of New York to a court of
    39  justice having jurisdiction to issue an injunction, and upon  notice  to
    40  the  defendant  of  not  less than five days, to enjoin and restrain the
    41  continuance of such violations; and if it shall appear to the  satisfac-
    42  tion  of the court or justice, that the defendant has, in fact, violated
    43  this section an injunction may  be  issued  by  such  court  or  justice
    44  enjoining and restraining any further violation, without requiring proof
    45  that  any  entity  has, in fact, been injured or damaged thereby. In any
    46  such proceeding, the court may make allowances to the  attorney  general
    47  as  provided in paragraph six of subdivision (a) of section eighty-three
    48  hundred three of the civil practice law and rules, and  direct  restitu-
    49  tion.  Whenever  the  court  shall  determine  that  a violation of this
    50  section has occurred, the court may impose a civil penalty that, in  the
    51  court's  discretion,  will  have the effect of deterring the entity from
    52  engaging in future violations of this article.  In connection  with  any
    53  such  proposed  application,  the attorney general is authorized to take
    54  proof and make a determination  of  the  relevant  facts  and  to  issue
    55  subpoenas in accordance with the civil practice law and rules.

        A. 6968                             3
 
     1    5.  If any provision of this section or the application thereof to any
     2  person or circumstances is held invalid, the  invalidity  thereof  shall
     3  not  affect other provisions or applications of the section which can be
     4  given effect without the invalid provision or application, and  to  this
     5  end the provisions of this section are severable.
     6    § 3. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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