BILL NUMBER:A9895
TITLE OF BILL: An act to amend the public service law, in relation to
cable television consumer protection rate and programming notices
PURPOSE OR GENERAL IDEA OF BILL: To clarify that a cable operator must
include in its rate and programming notices information regarding
subscribers' ability to purchase per channel or per program services
without having to buy any service tier beyond the basic tier.
SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill specifies that
a cable operator must include in its rate and programming notices infor-
mation regarding subscribers' ability to purchase per channel or per
program services without having to buy any service tier beyond the basic
tier.
JUSTIFICATION: The federal Cable Television Consumer Protection Act and
Competition Act of 1992 prohibits a cable operator from requiring the
subscription to any tier other than the basic service tier as a condi-
tion of access to video programming on a per channel or per program
basis. 47 U.S.c. § 543(b) (8) (A). The 1992 Act also delayed the effect
of this prohibition for ten years. 47 U.S.c. § 543(b) (8) (B). Thus, by
operation of law, the prohibition became effective in 2002.
New York State law requires cable operators to give consumers notices of
rate, programming, service and equipment information. Public Service Law
S T A T E O F N E W Y O R K
________________________________________________________________________
9895
I N A S S E M B L Y
February 9, 2010
___________
Introduced by M. of A. KOON, BENEDETTO, STIRPE, COOK, COLTON, FIELDS,
ESPAILLAT -- Multi-Sponsored by -- M. of A. BOYLAND, DelMONTE, GALEF,
GIBSON, GUNTHER, HIKIND, MAGEE, McENENY, M. MILLER, PERRY, WEISENBERG
-- read once and referred to the Committee on Corporations, Authori-
ties and Commissions
AN ACT to amend the public service law, in relation to cable television
consumer protection rate and programming notices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 224-a of the public service law is
amended by adding a new paragraph (d) to read as follows:
(D) THE NOTICES OR DESCRIPTIONS REQUIRED BY THIS SUBDIVISION SHALL
INCLUDE A CLEAR STATEMENT THAT SUBSCRIPTION TO VIDEO PROGRAMMING OFFERED
ON A PER CHANNEL OR PER PROGRAM BASIS IS AVAILABLE WITH A SUBSCRIPTION
TO BASIC SERVICE, WITHOUT THE PURCHASE OF ANY OTHER SERVICE TIER.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05284-01-9
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