S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5812

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to discrimination in
  franchises and privileges

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 99 of the public service law is amended by adding a
new subdivision 4 to read as follows:
  4.  NO  BUILDING OWNER MAY DISCRIMINATE AGAINST A TELEPHONE COMPANY OR
ITS ABILITY TO PROVIDE SERVICES TO ONE OR MORE TENANTS OF A MULTI-TENANT
PROPERTY THAT IS OWNED OR CONTROLLED BY THE  BUILDING  OWNER,  INCLUDING
DISCRIMINATORY  TERMS  AND CONDITIONS BY WHICH A TELEPHONE COMPANY GAINS
PHYSICAL ACCESS TO THE PROPERTY TO  PLACE  ITS  FACILITIES  AND  PROVIDE
TELECOMMUNICATIONS  SERVICES  TO  THE PROPERTY'S TENANTS. THE COMMISSION
SHALL HAVE JURISDICTION TO IMPLEMENT THE PROVISIONS OF THIS  SUBDIVISION
BY  APPROPRIATE RULES AND REGULATIONS AND TO ADJUDICATE ADMINISTRATIVELY
DISPUTES ARISING UNDER THIS SUBDIVISION. IN NO EVENT  MAY  THE  LACK  OF
AGREEMENT  OVER  TERMS  AND  CONDITIONS OF ACCESS DELAY THE ABILITY OF A
REQUESTING TELECOMMUNICATIONS COMPANY TO OBTAIN  ACCESS  FOR  MORE  THAN
THIRTY DAYS FOLLOWING AN INITIAL REQUEST THEREFOR.
  S  2. Section 228 of the public service law is amended by adding a new
subdivision 4 to read as follows:
  4. (A) NO  PROVIDER  OF  MULTICHANNEL  VIDEO  PROGRAMMING  OR  OWNERS,
LESSORS,  MANAGERS  OR  PERSONS  CONTROLLING  OR  MANAGING A RESIDENTIAL
MULTIUNIT BUILDING SHALL ENTER INTO OR  RENEW  ANY  EXCLUSIVE  MARKETING
AGREEMENT WITH REGARD TO MULTICHANNEL VIDEO PROGRAMMING SERVICES.
  (B)  FOR  PURPOSES OF THIS SUBDIVISION "EXCLUSIVE MARKETING AGREEMENT"
IS A CONTRACT OR OTHER ARRANGEMENT, OTHER THAN A BULK SALES ARRANGEMENT,
BETWEEN THE OWNER, LESSOR, MANAGER OR PERSON CONTROLLING OR  MANAGING  A
RESIDENTIAL  MULTIUNIT  BUILDING  AND  A  MULTICHANNEL VIDEO PROGRAMMING
PROVIDER IN WHICH A MULTICHANNEL VIDEO PROGRAMMING PROVIDER  IS  GRANTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08669-01-9
              

A. 5812                             2

PREFERENCE  OR EXCLUSIVE RIGHTS WITH REGARD TO THE MARKETING OR OFFERING
OF SERVICES, OR ACCESS TO THE PREMISES FOR PURPOSES THEREOF.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately any and all rules and
regulations and any other measures necessary to implement any  provision
of  this act on its effective date may be promulgated and taken, respec-
tively, on or before the effective date of such provision.