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A10356 Summary:

BILL NOA10356
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd 222, Pub Serv L
 
Provides that the public service commission shall not approve the transfer of cable systems unless the applicant demonstrates that the proposed transferee and the cable television system conform to the standards established in the regulations promulgated by the public service commission, that approval would not be in violation of law, and that the transfer is otherwise in the public interest.
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A10356 Actions:

BILL NOA10356
 
04/17/2018referred to corporations, authorities and commissions
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A10356 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10356
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public service law, in relation to transfers of cable systems   SUMMARY OF PROVISIONS: Section 1 of the bill would amend Chapter 57 of the Laws of 2014 (Part R) to make permanent provisions that prohibit the Public Service Commis- sion from approving a merger or transfer of cable systems unless the applicant can affirmatively demonstrate that a transfer or merger of cable systems is in the public interest. Section 2 provides for an immediate effective date and would apply to any application pending before the Public Service Commission on such date.   JUSTIFICATION: Chapter 57 of the Laws of 2014 (Part R) provided that system transfers or mergers could not be approved unless the petitioner(s) demonstrated that such actions are in the public interest. Unfortunately, that law expired on April 1, 2017. In permanently reinstating statutory provisions requiring applicants seeking to transfer or merge cable systems to affirmatively demonstrate such actions will be in the public interest allows the Commission to continue the improved oversight grant- ed to it in 2014. To date, the Commission has reviewed various proposed mergers under this law, and obtained substantial benefits for customers, notably in the Time Warner-Charter merger (Case 15-M-0388) and the Cablevision-Altice merger (Case 15-M0647). Permanent application of this authority will allow the Commission to continue its work in protecting consumers while considering opportunities and efficiencies for both consumers and cable companies.   PRIOR LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act would take effect immediately and shall apply to any applica- tion pending before the public service commission on such date.
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A10356 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10356
 
                   IN ASSEMBLY
 
                                     April 17, 2018
                                       ___________
 
        Introduced by M. of A. PAULIN -- (at request of the Department of Public
          Service)  --  read once and referred to the Committee on Corporations,
          Authorities and Commissions
 
        AN ACT to amend the public service law,  in  relation  to  transfers  of
          cable systems
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 222 of the public service law,  as
     2  added by chapter 83 of the laws of 1995, is amended to read as follows:
     3    3.  (a)  The  commission  shall approve the application for renewal or
     4  amendment of a franchise  unless  it  finds  that  the  applicant[,  the
     5  proposed  transferee] or the cable television system does not conform to
     6  the standards established in the regulations promulgated by the  commis-
     7  sion  pursuant  to  section  two hundred fifteen of this article or that
     8  approval would be in  violation  of  law,  any  regulation  or  standard
     9  promulgated  by the commission or the public interest, provided however,
    10  that a failure to conform to the  standards  established  in  the  regu-
    11  lations promulgated by the commission shall not preclude approval of any
    12  such  application if the commission finds that such approval would serve
    13  the public interest.
    14    (b) The commission shall not approve the application for a transfer of
    15  a franchise, any transfer of control of a franchise  or  certificate  of
    16  confirmation,  or  of  facilities constituting a significant part of any
    17  cable television system  unless  the  applicant  demonstrates  that  the
    18  proposed transferee and the cable television system conform to the stan-
    19  dards  established  in  the  regulations  promulgated  by the commission
    20  pursuant to section two hundred fifteen of this article,  that  approval
    21  would not be in violation of law, or any regulation or standards promul-
    22  gated  by  the  commission,  and  that  the transfer is otherwise in the
    23  public interest; provided, however, that a failure  to  conform  to  the
    24  standards  established  in the regulations promulgated by the commission
    25  shall not preclude approval of any such application  if  the  commission
    26  finds that such approval would serve the public interest.
    27    §  2.  This  act  shall take effect immediately and shall apply to any
    28  application pending before the public service commission on such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14513-01-8
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