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, 2013.
STATE OF NEW YORK
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665
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sens. AVELLA, ADDABBO, GRISANTI, SQUADRON -- read twice
and ordered printed, and when printed to be committed to the Committee
on Energy and Telecommunications
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 § 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, 2013.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03391-01-3
