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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6968
SPONSOR: Vanel TITLE OF BILL:
An act to amend the general business law, in relation to providing local
professional sports broadcasts at no cost
PURPOSE:
Provides for local professional sports broadcasts at no cost
SUMMARY OF PROVISIONS:
1030(1): Defines terms.
1030(2)(a): Requires that an entity responsible for contracting the
broadcast rights of a sports team, where such sports team plays in a
stadium that was or is benefitting from state funds, tax subsidies,
eminent domain, or another valuable benefit that was made at a cost to
the state, make the broadcast available to the households of persons in
the county in which the stadium is situated and its adjoining counties.
Where the stadium is situated outside of the state but is affiliated
with the state, it must be provided for free in each county with a popu-
lation greater than one million.
1030(2) (b): Clarifies what constitutes "all households" in the required
areas.
1030(3)(a): Requires that a broadcast made pursuant to 1030(2),(a) be
the either the same audiovisual broadcast as a paid option or substan-
tially equivalent to the paid option.
1030(3)(b): Requires that the entity responsible for the broadcast
rights supply the no-cost broadcaster that complies with 1030(3)(a).
This also applies where the entity uses a third party to supply the
broadcast.
1030(3)(c): Prohibits the entity from imposing a restriction on the
no-cost broadcaster that would require them to reduce the quality of the
broadcast.
1030(4): Provides the attorney general with the power to seek an injunc-
tion and enforce penalties against an entity that does not comply.
1030(5): Severability.
JUSTIFICATION:
When a New York sports team uses New York State tax dollars or inceh-
tives to advance their economic gain, New Yorkers deserve the option to
view the games of their local teams at no cost. It is important for all
New Yorkers to have the ability to view their local sports teams regard-
less of their economic status. And with the ever-increasing subscription
costs of streaming platforms and cable, and the exorbitant costs to
attend games in person, low-income New Yorkers inevitably cannot enjoy
viewing their local sports team.
New York State is no stranger to using public funds to help finance the
construction of professional sports stadiums, infrastructure for major
sports leagues and the like. Over the past few decades, the state has
provided billions of dollars in incentives (incentives whose costs fall
on the taxpayer) to professional sports teams in New York State, many
for the construction of new, multi-billion-dollar stadiums.
The OUR STADIUM Act will require that any entity responsible for
contracting out broadcast rights for an athletic competition, where that
competition is played in a New York stadium that receives benefits at
the expense of taxpayers, be required to provide at least one free live
audiovisual viewing option to the households in the county and adjoining
counties in which the stadium sits that is similar in quality or the
same quality as the broadcast that is made available as part of a paid
subscription.
Today, for New York sports fans, if you want to watch your favorite team
play in the stadium that you just funded with your taxpayer dollars, you
have only two options: (1) shell out hundreds or thousands of dollars
for tickets; or (2) pay a monthly or yearly subscription fee to watch
the games.
Further, if you live in a New York stadium's local market, most leagues
will prohibit you from viewing the game to "encourage" you to attend or
watch it on a cable providers network or streaming platform - again,
back to the paid options. To be clear, while the justification for these
"blackout" policies is to encourage ticket sales, studies show that
blackout policies actually have no significant effect on ticket sales.
Currently, there is no legal requirement that professional sports leag-
ues provide free broadcasts to taxpaying fans, fans whose taxpayer
dollars are the only reason why these teams have a stadium to play in.
The OUR STADIUM Act will change that.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become law.
